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Development Agreement - 2000 - Eagle River - 1/25/2000 Eagle River Development . Development Agreement including Design Guidelines . Approved Parking Lot Light Fixture . Master Sign Plan for the entire development RECOROEO- r""f}UEST OF AOA COUNTY RECORDER -'1 fdJ- ~ /JII / ... /J -L--A J. Q,AVI~ N^V~~RO I T~, OEPUTY~V~- '-- MEMOM~HUMIOF DEVELOPKaN AGREEMENJ' 2000 FE t 6 AM 9: 39 /i: L I 0 0 0 I I 6 9l ~tJO?~ THIS MEMORANDUM, made effective this 25th day of January, 2000, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("City"), and EAGLE RIVER, L.L.C., an Arizona limited liability company ("Eagle River"). WITNESSETH City and Eagle River are parties to an unrecorded "Development Agreement" dated the 25th day of January, 2000, which was entered into in connection with the zoning of the Property described on Exhibit A attached hereto and incorporated herein. A full and complete copy of the Development Agreement is on file and available for I inspection at the Eagle City Hall, Eagle, Idaho. IN WITNESS WHEREOF, the parties have executed this instrument the date and year fIrst above written. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho ATTEST: B~(~K~ Sharon K. Moore C. CI k tAw.u~,JI,f:"'l: Ity er ,,":i 0 F l!,/J.'#::', /... <\. .ff"'N~..itv '.11'';' ~ "tJ'" 'Q". ....~ ~ I..... ~ ," ~ v 0 R<1)> "\)4> '\ e<.P ~\: '. *'l -.- i* i '\" t,.... SEAL' , .~ \t.,l>o~ ~ J ~ 0 . .. _ , 01 .tcJt '!O.. '", o~to . '#:!I:,.. !l:. ,..', lr':t!!'Ut.Nf~'~ " By: " EAGLE RIVER, L.L.C. By: ~~ Charles Carlise Authorized Signatory MEMORANDUM OF OPTION AGREEMENT - 1 S:\CLIENTS\3906\3\Memorandum of Development Agreementwpd STATE OF IDAHO) ) ss. County of Ada ) On this R day of l~Jo'('u tl-yL, in the year of2000, before me, a Notary Public in and for said State, personally appeared RICK YZAGUIRRE, known or identifIed to me to be the Mayor and SHARON K. MOORE, known or identifIed to me to be the City Clerk, both of CITY OF EAGLE a body corporate and politic, the body that executed the instrument or the person who executed the instrument on behalf of said body, and acknowledged to me that such body executed the same. ~6:~ Residing at _ I :rd.t1J1 {), My Commission expiresJ;i:{eRJ./~ ~ STATE OF IDAHO) ) ss. County of Ada ) On this 0-t:b , day of r , in the year 2000, before me, aN otary Public in and for the State ofId personally appeared CHARLES CARLISE, known or identifIed to me to be the Authorized Signatory of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my offIcial seal the day and year fIrst above written. vJ~ NO AR Y PU LIC for Idaho Residing at Boise, Idaho My commission expires: ~ MEMORANDUM OF OPTION AGREEMENT - 2 S :\CLIENTS\3906\3\Memorandum of Development Agreement wpd ..~_fJ\~ ;:.; r~rr;,':r'1-!~,~~.I' .,\-" 4.1 ".'} ,.,. \;>~"l:.. ~~ ~:C'.q~ .... ~~ ~.~ ~~ ,,' t' -'I" ~ :: U f" t.~:~ ~:', w I>.., EXHIBIT A Property Description MEMORANDUM OF OPTION AGREEMENT - 3 S :\CLIENTS\3906\3\Memorandum of Development Agreement.wpd ~"!:;",H~~'",, '!l",,!fJ (', 'q " ",,,>:,~ 4,".' " " .. ~.. ':1). "0" ~-.. ~,,~ ""l1' ~' V ~'jc (' '.. fj .r J.....t: .. (> (."'i ,:; ti! .~ .. ~:~ 10~r t; .;~ o;~,<', ~ t' '~ 0t::. ~l~.~':.".. - ~' ~ ""'" ~ . ""><;.:.1. ~......." ~ ~ PROJECT: DATE: PAGE: 94040 September 15, 1999 1 of 3 EAGLE RIVER EXHIBIT B DEVELOPMENT AGREEl\'IENT BOUNDARY DESCRIPTION FOR PSIDA, MUIDA, AND C3/DA COMBINED ZONES A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in Section 16, TAN., R.IE., B.M., City of Eagle, Ada County, Idaho, being described as follows: COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada County as InStrument No. 9498747, said corner being located N.00055'47"E., 2640.78 feet from . an aluminum cap monument marking the west % corner of said Section 16; thence, A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence leaving the westerly boundary line of said section 16, B) S.89004'13"E., 80.00 feet to the POINT OF BEGINNING; said point being on the southerly right-of-way of line of Eagle Alternate as shown on the right-of-way plans for Eagle Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on fIle with district 3 of the Idaho Transportation Department, said point being 168.30 feet right of station 922 +67.39; thence along said southerly line through the following courses: 1.) N.50042'37"E., 105.95 feet to a point 80.00 feet right of station 923+38.79; thence, 2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99; thence, 3.) S.81 039'01 "E., 1184.23 feet to a point of curvature located 80.00 feet right of station 943 +84.22; thence, 4.) Southeasterly, along a curve to the right having a radius of 11379.16 feet, an arc length of 467049 feet, a central angle of 02021'14", a chord bearing of S.80028'24"E., and a chord distance of 467.49 feet to the point of intersection of said southerly right-of-way line ~,~!~!~~~t::",~..with the easterly line of the NW% of said section 16, located 80.00 feet right of station ",'l>'~~: C'F ~~+55.03, also being the northwesterly comer of the Merrill's Parcel; thence continuing, t.~~(,f!o~ po ,.~<( 'k,' '~,. ". t'. ,., ,c, :: ~ ,.~ ,~~ ~~ ~ ~ ~ ~! ~ ~;~ ,''Ill <~~;y , PROJECT: DATE: PAGE: 94040 September 15, 1999 2 of 3 5.) Southeasterly, along said curve to the right having a radius of 11379.16 feet, an arc length of 1523.57 feet, a central angle of Or40' 17", a chord bearing of S.75027'39"E., and a chord distance of 1522.40 feet to a point located 80.00 feet right of station 963 +89.28; thence, 6.) S.71 o37'30"E., 97.87 feet to a point located 80.00 feet right of station 964+87.16; thence leaving said southerly right-of-way line, 7.) S.00005'45''E., 55.91 feet; thence, 8.) N.89052'54"W., 243.71 feet, thence 9.) N.00036'49''E., 8.00 feet; thence, 10.) N.89052'54"W., 1329.16 feet to a point on the easterly line of the NWl/4 of said section 16, said point also being the southwesterly corner of the Merrill's Parcel; thence along the easterly line of the NW1/4 of said section 16, also being the westerly boundary of the Merrill's Property, 11.) S.OQo46'13"W., 209.13 feet; thence leaving said easterly line, 12.) S.89032'44"W., 283.60 feet; thence, 13.) S.66024'04"W., 135.17 feet; thence, 14.) S.43050'26"W., 106.14 feet to the east line of Government Lot 4; thence along said east line, 15.) S.oo59'44"W., 471.87 feet to the mean high water line of the Boise River; thence along said high water line through the following courses: 16.) S.84009'16"W., 225.82 feet; thence, 17.) S.84009'38"W., 419.83 feet: 19.) S.oo52'17"W., 491.30 feet; thence, ...:'!>~;:~tl& r~;;~rrrr?""'1t:> '~^ i f'....~.,. t: v '" it:\} ~f ,.~>(- 18.) S.85047'16"W., 206.66 feet; thence, 20.) N.81022'48"W., 137.03 feet; thence, l'~ ~~' ",. '" .. \ ':~ ,,.~.;:t:,,.. PROJECT: DATE: PAGE: 94040 September 15, 1999 3 of 3 21.) N.76019'08"W., 93.82 feet; thence, 22.) N.60055'56"W., 63.45 feet; thence, 23.) N .790 16'40"W., 146.88 feet; thence, 24.) N.63058'50"W., 137.78 feet; thence, 25.) N.3r59'37"W., 410.61 feet; thence, 25.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way line of Eagle Road; thence leaving the Mean High Water line of the Boise River and running along the easterly right-of-way of said Eagle Road, 26.) N.00055'47"E., 625.24 feet to a point of intersection of the said easterly right-of-way line with the southerly line of the NW% of the NW% of said section 16; thence continuing along said easterly line, 27.) N.OIOI8'36"W., 15.62 feet; thence leaving said easterly line; thence, 28.) 5.89035' lO"E., 300.00 feet; thence, 29.) N.Ol 018'37"W., 290.54 feet; thence, 30.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle Road; thence along said easterly line, 31.) N.Ol 018'37"W., 461.40 feet to the POINT OF BEGINNING, SAID PARCEL containing 93.26 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. EXHIBIT "C" attached, and by this reference made a part hereof. /: \ 94()40\ wpfiles lexhibitb.leg "t!t.~J1'!!"f~;.!>.r:t ::~.. ..t~fj~ (~"'t:;~; 'W=' '{ '''':~ ~ ~....'" ~'" ,;,~ .ft.,k".(".: ,*"".' i'.,. ~;j> 4:' .L' '<<,- :.,." ~ ..... ~~ '" ""Oi' ilu~ "" :! ;':, ..}, I,-l ,'4l.. .' ..;; ~ ~ (": .~l Q:~\~" '~~\~~';;L.t(:,:, . Sf I I I I I I I: I~ I I I I . I ;.L__ ::' -- I I ~I ~I .. ,,' L.. I~ I- . I '" ~~1 1$', Ir. ~ {l'J ~7~ I ::~ t:tl I ;l .. t ..,)~;,;;;};1; - -- ~ ~ ~ 8 ~~ ~~ ~ ~ ~~ ~ ~~~~ ~ ~~~~~~ ~~~c:::ls;:) ~::r5~~~~ ~t1~Ct: ~ ~ ~~ ~ ~~ ~ <::) ~ ~~ ~ ~ ~ ~ ~ .(<~~: t"~~::~Jt-.!:Z:;"i..~,. "~~~~'~""'1 n :/~ '^' ",:fl> ":::",_, """.- ,,";' ~',. ~"'" '"\" -..... :;,;'-J c.,~' ..'7 o o o -.r.. ~ g Ul o Ul N o _ ~OZ!.!.. ~t~J)Q S - - -t~. .... I: I I I I l la I~ I I I I I -1 '" I- a ..J t;; a (.'l ....'...........J ". ", /.... I I. . . '. . ", ". ". "'. "'. 0.. _'. . "', .... .... ". ~/ &s ~ ~ I I I I (99 'OK ..lYAlCJD{ :UY.JS) - ~ - - - - - - ~ I rrJY.7------:+ ", ", o:Qg:i:Si tJ ~~ ~ * o Z" I '" Z ~':::::l ~ Q. '" .,. s:: "''7~ r:.1 all) r:.1 :; a, Z"g"'g: ~:Q~~~ r:.1 ~g -:: ... ~ Z > lI) a!i O ",Oll) :1<>: '" e- lJl~ '" 0:: Wi'" o 5""~ I ON~ Z en"'o < .3.b~ :=lU1o~6 .... a:::z - ~~:.. ; ...zut".,J..- g a~ a:: ~z,.....I': ..-- !.Yet a.. ~ L'" o r.~ .. I: ~ :: o o Oz ~:5 - CL ~w > OU1 wz ~w ZI "w _0::: U1CL w~ 00 U1U -w L56 ~L5 <w oI ..........1- U1Z CL_ W I- o Z rqlGINAL RECEIVED & FILED CITY OF EAGLE Recording Requested By and When Recorded Return to: FEB 0 It 2000 City Clerk City of Eagle P.O. Box 477 Eagle, Idaho 83616 Filtil: Route to: For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into this 25th day of January, 2000, by and between the CITY OF EAGLE, a municipal corporation in the State ofIdaho ("Eagle"), and EAGLE RIVER, L.L.c., an Arizona limited liability company ("Applicant"). WHEREAS, the Applicant and Eagle are the owners of record of certain real estate consisting of approximately ninety-three (93) acres located north of the Boise River, south of State Highway 44 (the new Eagle Alternate Route), and between Eagle and Edgewood Roads, Eagle, Idaho, all as shown on Exhibit A ("Concept Plan") and described on Exhibit B ("Property"), which is the subject of an application for a rezone, identified as Eagle Rezone Application No. RZ-2-98; and WHEREAS, the proposed development includes properties within an area currently designated on the Land Use Map of the Comprehensive Plan as Floodway, Commercial and Mixed Use; and WHEREAS, the proposed development includes properties within an area currently zoned "Agricultural" ("A"), "Industrial Park District" ("M-I A"); and WHEREAS, the Applicant and Eagle desires to develop the Property for commercial, residential and open space purposes as generally shown on the Concept Plan attached hereto as Exhibit A ("Concept Plan"); and WHEREAS, the City Council of Eagle has determined that the scope of any commercial and residential project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Proper~..mtu"iq. developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and ..::iY" C-<1".t"'fl'lt... ~~ \~ DEVELOPMENT AGREEMENT - 1 l! ";;\ S:\CLlENTS\3906\3\Devag.cl11. wpd .~' tr , " ,,?" WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to Floodway, Commercial, and Mixed Use land use designations shown on the Land Use Map of the Comprehensive Plan and Public/Semi Public District ("PS/DA"), Mixed Use District ("MU/DA") and Highway Business District (IC3/DA") zoning designations for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the owner of the Property has previously provided Eagle with an affidavit agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-1O-l(C)(l); and WHEREFORE, Applicant and the City of Eagle desire to enter into this Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 This Development Agreement is made pursuant to and in accordance with the provi\)ions of Idaho Code Section 67-651lA and Eagle City Code, Title 8, Chapter 10. ARTICLE II COMPREHENSIVE PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT 2.1 Eagle has adopted the Land Use Map ofthe Eagle Comprehensive Plan to designate the Property Floodway, Commercial and Mixed Use as shown and described on Exhibit C attached hereto and incorporated herein. 2.2 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to a Public/Semi Public District ("PS/DA"), Mixed Use District ("MU/DA") and a "Highway Business District" (IC3/DA"), subject to the provisions of this Development Agreement. The portions of the Property to be zoned PS/DA, MU/DA and C3/DA are shown and described on Exhibit C attached hereto and incorporated herein. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE ill CONDITIONS ON DEVELOPMENT 3.1 Applicant will develop the Property subject to the conditions and limitations set forth in thi\) Development Agreement. Further, Applicant will submit such applications regarding flood plain development permit review, design review, preliminary and fmal plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code. ,,, ~.. ~,'U,UI'i\s, -1&"'1;"- ,'~\'i': '~!?;~ t4;:"foip.#;1: ~,,}' ,;,. #~ .I'~. ~~ <i~ ~\-;.J"/~' I~~ .:> .;; " ... ~ '''''.. ~ (to ) ~~ (';~ 6~~' () 1t.J1 *J.., ~ f: .{<? ~ iti3 'iiJ ilis "'I '.. ,rr: r''t >) ';i# ~::) DEVELOPMENT AGREEMENT - 2 S:\CLlENTS\3906\3\Devag.cll 1. wpd 3.2 The development shall comply with the Eagle Comprehensive Plan and City Code, as they exi')t in final form at the time this Development Agreement is recorded, except as otherwise provided within this Agreement. Unless greater requirements are established by said Eagle Comprehensive Plan and City Code, the following conditions shall be satisfied: 3.2.1 The total residential units to be developed within the "MU -South" portion of the Property consisting of approximately twenty-four (24) acres (See Exhibit C), shall not exceed seventy-five (75) units in the aggregate. However, in the event the MU-South portion i') developed as a PUD, an increased density bonus of 15% shall be allowed if the criteria for density bonuses are met. Minimum setback, lot sizes, and open space requirements for a standard (non PUD) subdivision might limit the number of units to less than 75. The seventy- five (75) residential units shall not require a conditional use permit. Additionally, the total multi-family residential units to be developed within the Mixed Use District ("MU") portion of the Property shall not exceed one hundred (100) units in the aggregate. However, in the event the multi-family residential units are developed as a PUD, an increased density bonus of ftfteen percent (15% ) shall be allowed if the criteria for density bonuses are met. 3.2.2 The total gross square footage of building area permitted by Eagle City Code for all uses within the C3/DA and MU/DA portion ofthe Property can be developed and shall comply with the Eagle City Code, and Comprehensive Plan, as they exist at the time this Development Agreement i') recorded, except as otherwise provided within this Agreement. A portion of the C3 Zone land, as shown on Exhibit A (hereinafter referred to as "Hotel Site"), is currently intended to be used for hotel (as defmed by the Eagle Zoning Code) including restaurant(s), meeting and/or convention rooms, and similar full service hotel uses, and for two (2) free standing, restaurant uses. Eagle and the Applicant agree that the gross building area of the proposed hotel and freestanding restaurants constructed on the Hotel Site shall not be counted against the 150,000 Specific Limitations (defmed below) for certain commercial uses. The hotel approved for the Hotel Site is approved for up to 200 rooms in size and 35' in height unless a variance is approved by Eagle or unless the Eagle City Code is amended to allow additional height. The two (2) free standing restaurants shall not exceed 20,000 total square feet of building area in the aggregate. In order to encourage the development of a hotel and freestanding restaurant(s) on the Hotel Site, the Hotel Site shall not be developed and improved for any other purposes for a period of seven (7) years from the date of thi') Agreement. After the expiration of the seven (7) year period, the development of the Hotel Site for a use other than hotel and/or restaurants must be approved by an amendment of this Development Agreement. The total square footage of building area for the following commercial land uses, as outlined in Eagle City Code Section 8-2-3, "Official Schedule of District Use Regulations," a current copy attached as Exhibit F, shall not in the aggregate exceed one h~F\hr~~at;~i!~t:~ .."'..,1 \Je.. .1....<1, ,'" .....""... DEVELOPMENT AGREEMENT _ 3 ,z."":/:'" ,~ ",i/'( ":~,, S:\CLlENTS\3906\3\Devag.cl11.wpd ,:,i' (J...... ." 0 Ii '(>~ ':;. '" '..!.~ '4" ,. ~ ~~ ~'.~ ~ :: (..j.... 1/-: .~ ~ ;. '" Y, ':0 ~~ ','" ti:;" " ,;,/ ",'''' {:}' thousand (150,000) square feet on the C3 Zone land and MU Zone land lying west of the dividing line shown on the Concept Plan: . "Commercial, Bar," . "Commercial, Building Supply Outlet," . "Commercial, Drive In Restaurant; Food Stand," . "Commercial, Commercial Entertainment Facilities (indoor) excluding movie theaters," . "Commercial, Commercial Entertainment Facilities (outdoor)," . "Commercial, Drugstore," . "Commercial, Drug Store with Drive Thru Service," "Commercial, Food and Beverage Sales," . "Commercial, Food Store, Delicatessen, Bakery," . "Commercial, Home and Business Services," . "Commercial, Restaurant," . "Commercial, Retail Sales (General and Limited) Store and Service," and . "Commercial, Retail Sales (Pharmacies and Medical)." The foregoing 150,000 square footage limitation shall be referred to as the "150,000 Specific Limitations" herein. In no event shall the two (2) free-standing restaurants located on the "Hotel Site" totaling not more than 20,000 square feet in the aggregate be counted against the 150,000 Specific Limitations cap. A "Restaurant, with Drive- Thru Service," "Automotive Gas Station or Fuel Islands," "Automotive Gas Station/Service Shop," and "Convenience Store with Fuel Service," may only be allowed through the Conditional Use Permit process. It is acknowledged that a movie theater or any movie theater/ancillary entertainment facilities shall not be counted against the 150,000 Specific Limitations and 20,000 Limitation (defmed below) caps. Additionally, for the purposes of the 150,000 Specific Limitation and the 20,000 Limitation, businesses that are primarily wholesale or warehousing, but which include a minor and secondary retail component shall not be considered "retail store sales (general or limited) or service". Examples of these wholesale or warehousing businesses not typically considered "retail store sales (general or limited) and service" include, but are not limited to, wholesale carpet, lighting, plumbing, lumber, safety equipment, medical equipment and medical devices, and similar supply stores and outlets. The purpose of the limitations on uses is to emphasize retail uses compatible with downtown Eagle retail uses and those that are more parking intensive. Parking intensive businesses are allowed and encouraged within the Property. DEVELOPMENT AGREEMENT - 4 S:\CLIENTS\3906\3\Devag.clll. wpd No single retail use on the Property shall exceed forty thousand (40,000) squar~,J~J+,t~.!Sif"'" ~..~" r') "'f? ".:.;!'~, -:i>':..,"'l \." :"';! ~~"''''' ~' '\. '..( '<' :', -r!1;. '!~ ! (j ORr ';, r,. -1"" :l (/0 ti :. ~WtGao it ~ ~ ~ '" ~ 'i~ ~ ~~ ,1 ~~. .' ;": .: "'..., "-.. ,~J1 in building area. For purposes of clarification, a hotel and/or a movie theater are not a retail use and shall not be subject to the forty thousand (40,000) square footage limitation. No portion of the Property shall be used for any of the following uses: . "Commercial, Adult Business" . "Commercial, Automotive, mobile home, travel trailer, and/or farm implement sales," . "Commercial, Cemetery," . "Commercial, Drive-in theatre," . "Commercial, Mortuary," . "Commercial, Storage (fenced area)," . "Industrial, Railroad yard or shop," . "Industrial, Terminal yard, trucking," and . "Industrial, Truck and equipment repair and sales (heavy)." The MU portion ofthe Property, as shown on Exhibit A, shall be developed primarily as an employee based business park similar to the Boise Research Center generally located on the south side of Chinden Boulevard east of Cloverdale Road, including a residential component. Mostly office, high-tech research and development, and flex space (as defmed within Eagle City Code) uses are to be within the MU District All uses shown as permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of which is attached as Exhibit F, shall be considered permitted uses. All uses shown as conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of which is attached as Exhibit F, shall require a conditional use permit, except the seventy-five (75) residential units in the MU-South portion ofthe Property described in Section 3.2.1 shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited in the MU portion of the Property: . "Residential, Mobile Home (Single Unit)," . "Residential, Mobile Home (Single Unit Temporary Living Quarters)." . "Residential, Mobile Home Park." Additionally, the total square footage of gross building area for the following land uses, as outlined in the Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of which i~ attached as Exhibit F, shall not in the aggregate exceed twenty thousand (20,000) square feet on the MU Zone portion of the Property east of the dividing line shown on the Concept Plan: ,... ,,' \ I' r...'~:! ~~'I;"t!;qtl.~ ,.'10"'."'. (\ T' .~~.., ,...~""~"'1'>-",I""'" }~-\lTie ;. .;::' ". ' \,J',; ~^ ~ r ~' p "'......f\~\ ~':~ /tt -v' OJ: A to. ~~.~ l ..'~ ,.t~ 'IIJ 1'_.' ~~ VI ~ ~"J .. ,. ~:.. ,.~~' . "Commercial, Drugstore," DEVELOPMENT AGREEMENT - 5 S:\CLIENTS\3906\3\Devag.c111. wpd ,j. c'" ~. . "Commercial, Food and Beverage Sales," . "Commercial, Restaurant," . "Commercial, Retail Sales (General and Limited) Store and Service," and . "Commercial, Retail Sales (Pharmacies and Medical)." The foregoing twenty thousand (20,000) square footage limitation shall be referred to as the "20,000 Limitation" herein. 3.2.3 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities. (b) A requirement insuring compliance with the Design Guidelines approved with this Development Agreement. 3.2.4 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Public/Semi-Public, Mixed Use District and Highway Business District land uses allowed by the Eagle City Code, Official Schedule of District Use Regulations, existing at the time thi~ Development Agreement i~ recorded, a copy of which is attached as Exhibit F. 3.2.5 All development within the Property shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally consistent with the Conceptual Plan attached hereto as Exhibit E. The Conceptual Plan attached hereto describe the general nature and relative location of certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. 3.2.6 Prior to i~suance of any building permits, Applicant shall provide proof of adequate septic or sewer service to the proposed residences and commercial and industrial uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to i~suance of any building permits. Applicant acknowledges that the Property is currently annexed to the Eagle Sewer District. DEVELOPMENT AGREEMENT - 6 S:\CLIENTS\3906\3\Devag.clll. wpd 3.2.7 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), the Army Corps of Engineers, the City of Eagle, and any other appropriate ,_ f.UU.!"'.... ' ....."" (1 ~,' ~. ~~" ",," .. f ,~, I.' Ji"A A ~"''' ~"'*ttJ .(~ '~\.. .... <<;~ ,}. .~~ ~~ , "'1- "t ,,~''':;' ,:, t!~ ":'~'i>) '"ill :7 ~...~ 1 0 k~4,... ~ i';~~ : ~ ~~ t,~ ~.11 '-'} governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rule and regulations pertaining to regulated wetlands. 3.2.8 Applicant will comply with all rules, regulations and ordinances of Eagle per the terms of this Agreement including, but not limited to, applications for development permits as required by Title 10, Flood Control, of the Eagle City Code. 3.2.9 A public easement for a greenbelt pathway (set forth in concept on the Conceptual Vehicular and Pedestrian Traffic and Open Space Plan attached hereto as Exhibit "E") shall be provided. The specific location and design of the pathway shall be approved by the City Council, not to be unreasonably withheld, prior to the City Engineer signing the fIrst plat for the Property. 3.2.10 A minimum of two emergency access points to the Boise River for the use of repair and rescue equipment and personnel shall be provided at appropriate intervals along the River. Location shall be as determined in coordination with the City Pathway Committee, Eagle Fire Department and Flood Control District # 1 0 and approved by Eagle. 3.2.11 Provide bus stops as may be recommended Eagle. 3.2.12 Applicant shall provide an on-site, tree lined landscaped strip along State Highway 44 and Riverside Drive and a ten (10) foot wide bicycle/pedestrian pathway within the landscaped strip all as is generally shown and depicted on Exhibit A attached hereto and incorporated herein. The width of the landscaped strip in various locations shall be as shown on Exhibit A. The landscaping, including street trees and pathways, shall be reviewed and approved by the Eagle Design Review Board. The twenty-fIve (25) foot wide landscape strip along Riverside Drive as shown on Exhibit A attached hereto, shall include a minimum three (3) foot high berm with extensive landscaping to provide a buffer. 3.2.13 Applicant shall provide a minimum twenty-eight thousand (28,000) square foot on-site landscaped area (inclusive of the landscaped strip described in paragraph 3.2.12 above) at the corner of State Highway 44 and Eagle Road. The landscaping may include shrubs, flowers, water features, etc., as reviewed and approved by the Eagle Design Review Board. 3.2.14 The site shall be designed to allow for a public roadway connecting this site to State Highway 44 at a point approximately one-half (112) mile east of Eagle Road as shown on Exhibit E attached hereto. The City shall take the lead in a joint request with the Applicant to obtain ITD approval of the roadway (with traffic signal when warranted) connecting to State Highway 44. If approved by ITD, the roadway south of State Highway 44 shall be constructed by the Applicant upon development of properties abutting the roadway or sooner if required by ACHD. No other ingress or egress points shall be permitted to connect to Highway 44 abutting this site excluding the connection via Riverside Drive. DEVELOPMENT AGREEMENT - 7 S:\CLIENTS\3906\3\Devag.cl1I. wpd 3.2.15 The development shall incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc. 3.2.16 Other than any pathways approved by Eagle, development within the Roodway and the open space area between the southwest side of the proposed park and the currently proposed southeasterly residential lots shall be prohibited. 3.2.17 In addition to the minimum parking spaces required by Eagle City Code provide 10 to 12 non-exclusive parking spaces for the sportsman access shown on the attached concept plan (near hotel). The spaces shall be provided with signage generally stating, "River Access Parking". 3.2.18 For any multi- family residential development fIrst floors shall be insulated from second floors with lightweight concrete or other product or design which is similarly effective and common walls between units shall be insulated to mitigated transfer of noise between the floors and between units. The insulation method shall be reviewed and approved by Eagle. 3.2.19 Building placement shall be designed such that parking areas are not concentrated between the buildings and Eagle Road and between the buildings and State Highway 44. The side of any buildings facing Eagle Road and/or State Highway 44 shall be provided with architectural design elements and architectural relief. 3.2.20 City of Eagle approvals shall be subject to any FEMA requirements regarding the revised study for the Boise River floodplain currently underway by FEMA. 3.2.21 Floodwaters may now be restricted from moving northward and westward due to the reconstruction of Eagle Road and construction of State Highway 44. Therefore, provide an engineering analysis showing that the site will drain properly in case of the 100- year flood. 3.2.22 No part of the Reid Merrill Community Park, shall be used to calculate any minimum recreationaVopen space or landscaping requirements for development within this site unless approved by the City Council. Furthermore, no portion of the Reid Merrill Community Park as shown on Exhibit A may be used to calculate compensatory storage for floodplain impact mitigation for any property outside of the said Reid Merrill Community Park unless approved by the City Council. Grading and drainage for the Reed Merrill Community Park and the surrounding area shall be coordinated between Eagle and Applicant to insure good overall flood control management and site drainage 3.2.23 Development shall provide pedestrian/bicycle public access to the paved pathway along the Boise River as required in the Eagle Comprehensive Plan. DEVELOPMENT AGREEMENT - 8 S:\CLIENTS\3906\3\Devag.cl1l. wpd 3.2.24 Apply for a license agreement from ITD and/or ACHD, to allow the right-of- way between this site and the edge of pavement along State Highway 44 and Eagle Road to be landscaped and landscape said area if such an agreement is approved. 3.2.25 Pathways connecting the residential areas to the commercial areas shall be provided. 3.2.26 Except as otherwise provided in this Agreement, the Property can and shall be developed in accordance with the Eagle City Code in effect on the date this Agreement is approved. However, if the uses in Mixed Use Zone are expanded, such expanded uses shall be included in this Agreement. This shall confIrm that the Eagle City Council interprets the meaning of the use "Retail Sales - Limited" in the Eagle Code to include all uses allowed in "Retail Sales - General" except for the specifically enumerated exclusions of "furniture, hardware, paint and wall paper, carpeting and floor covering, new automotive parts and accessories." 3.2.27 The Concept Plan shows the anticipated location of the Reed Merrill Community Park. This Development Agreement and the confmnation of extension of the Exchange Agreement between Eagle and Applicant pertaining to the Reed Merrill Community Park shall be executed simultaneously. ARTICLE IV AFFIDA VIT OF PROPERTY OWNERS 4.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67 -6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE V DEFAUL T 5.1 In the event Applicant or any successor fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. However, if a default occurs after the Property is divided, any termination shall only effect the lot or parcel in default and shall not effect other portions of the Property. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in thi.;; Development Agreement, including attorneys' fees and court costs. DEVELOPMENT AGREEMENT - 9 S:\CLIENTS\3906\3\Devag.clll. wpd ..:'t;~t' ~,.;.~t.~"l: ,~", 0,'" !!i', ';//i- 4~1 ",..l. 4.1. ;:'<"\ .... .'" /.~" ' It./ V '. .:': ", ARTICLE VI UNENFORCEABLE PROVISIONS 6.1 If any term, provision, commitment or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect except that any portion determined to invalid or unenforceable shall be re-negotiated in good faith between the Applicant (or other appropriate party) and the City. ARTICLE vn ASSIGNMENT AND TRANSFER 7.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the commercial development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on Eagle and the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns; provided, however, that if all or any portion of the Property is divided and each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations ari~ing under this Agreement with respect only to such owner's lot or parcel. ARTICLE vm GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. DEVELOPMENT AGREEMENT - 10 S:\CLIENTS\3906\3\Devag.cl11. wpd 8.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Eagle: Mark L. Butler Planning and Zoning Administrator City of Eagle 310 E. State Eagle, Idaho 83616 Applicant: Eagle River, L.L.c. c/o Clark Development 479 Main Street Boise, Idaho 83702 With Copy to: L. Edward Miller, Esq. Givens Pursley, LLP P.O. Box 2720 Boise, Idaho 83701 or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon delivery if by personal delivery, upon deposit in the United States mail, if sent by mail pursuant to the foregoing. 8.5 Effective Date. This Development agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. [end of text] DEVELOPMENT AGREEMENT - 11 S:\CLIENTS\3906\3\Devag.clll. wpd IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED thi... 25th day of January, 2000. ATTEST: CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho BY:~'+-' _ ~ ~ - Sh on K. Moore City Clerk f,._~ t' f~ t'~:.zi~~ ~~;;~ ~( 0 1~7 J:'J "'4J,~ .,.y" .,{',\. . .., ','.iI ' ~., ",.\. l'!!~it (jY EAGLE RIVER L L C , . . . DEVELOPMENT AGREEMENT - 12 S :\CLIENTS\3906\3\Devag.cl1I. wpd By: clL~ Charles Carlise Authorized Signatory INDEX OF EXHIBITS Exhibit A - Master Concept Plan of Property B - Legal Description of Property C - Legal Descriptions of Residential, Commercial, Public-Semi-Public and Mixed Use Zones and Residential, Commercial, Public-Semi-Public, Floodway and Mixed Use Comprehensive Plan Land Use Map Designations D - Design Guidelines E - Conceptual Vehicular and Pedestrian Traffic and Open Space Plan F - Current Eagle City Code Land Use Table DEVELOPMENT AGREEMENT - 13 S:\CLlENTS\3906\3\Devag.c111.wpd " ",:, c~ \f' ~", 'l;f-,'C" t;;":~l'_ <O"il <ftf.'*;f....,~'i\,j{ _:?,~_"'-_!F'~"~ EXHIBIT A MASTER CONCEPT PLAN OF PROPERTY DEVELOPMENT AGREEMENT - 14 S :\CLIENTS\3906\3\Devag.clll. wpd "" iOi> e';, t .' .. ~:~ ..J~':1> ~~~$~C~tb""_ <~""il:t~;ii~'i <.n',.~'" ;"./ ).;~ i,,~ h. ~ W.j Jtm ~ ~! ! ;1~Hl if ,~ ill I.'. > . " -:1 ~l ~ ~~i~h g ihh; ~ ~, ;1 - III e '! ,,'ji 0> ~ mh~ E ~ 0> ~ fld~l 0> il ~:Hr "- OJ ~o ~ IJut ! <( i ~iUil _e em d~ 'E ~ ~: 0>- ~ lilif! <( Eo.... i Iihi1 0.0. <Q)' 0 -00> 0 :50>0 "0 f illl;I' \J ~i <DC\) -- > e (/), ..t:o>o -~~ ~ dlt " ~OO a:,..!. j!: ~h . I I I I I I I :i:Tl KE ~ 1 ~ ~ 1/ g .. ~ M~~t= EXHIBIT B LEGAL DESCRIPTION OF PROPERTY DEVELOPMENT AGREEMENT - 15 S :\CLIENTS\3906\3\Devag.clll. wpd ;-",."" , PROJECT: 94040 DATE: September 15, 1999 PAGE: 1 of 3 EAGLE RIVER EXIDBIT B DEVELOP~lliNTAGREE~ffiNT BOUNDARY DESCRIPTION FOR PS/DA, MUmA, AND C3/DA COMBINED ZONES A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in Section 16, T.4N., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows: COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada County as InStrument No. 9498747, said corner being located N.Oo055'47"E., 2640.78 feet from . an aluminum cap monument marking the west % corner of said Section 16; thence, A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence leaving the westerly boundary line of said section 16, B) S.89004'13''E., 80.00 feet to the POINT OF BEGINNING; said point being on the southerly right-of-way of line of Eagle Alternate as shown on the right-of-way plans for Eagle Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on fIle with district 3 of the Idaho Transportation Department, said point being 168.30 feet right of station 922+67.39; thence along said southerly line through the following courses: 1.) N.50042'37"E., 105.95 feet to a point 80.00 feet right of station 923+38.79; thence, 2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99; thence, 3.) S.81 039'01 "E., 1184.23 feet to a point of curvature located 80.00 feet right of station 943+84.22; thence, 4.) Southeasterly, along a curve to the right having a radius of 11379.16 feet, an arc length of 467.49 feet, a central angle of 02021 '14", a chord bearing of S.80028'24"E., and a chord distance of 467.49 feet to the point of intersection of said southerly right-of-way line with the easterly line of the NW1/4 of said section 16, located 80.00 feet right of station 948+55.03, also being the northwesterly corner of the Merrill's Parcel; thence~~QR~~';.p:#". ","1'.1 C'l- ,..,4 '1:0 ",'1/ .,' "\,. .?,. .:_~~..~. ,~.. '!~:.. \ ,~:~'/ \:; 0 Zl...1 ":'~ i:' '. .. '4_ .. f,.~ ,~ i~ ~:'tl .';1 ':10 '. ,'j; ...-"" PROJECT: 94040 DATE: September 15, 1999 PAGE: 2 of 3 5.) Southeasterly, along said curve to the right having a radius of 11379.16 feet, an arc length of 1523.57 feet, a central angle of Or40' 17", a chord bearing of S.75027'39"E., and a chord distance of 1522.40 feet to a point located 80.00 feet right of station 963 +89.28; thence, 6.) S.71 o37'30"E., 97.87 feet to a point located 80.00 feet right of station 964+87.16; thence leaving said southerly right-of-way line, 7.) S.00005'45''E., 55.91 feet; thence, 8.) N.89052'54"W., 243.71 feet, thence 9.) N.00036'49''E., 8.00 feet; thence, 10.) N. 89 052' 54 "W., 1329.16 feet to a point on the easterly line of the NW% of said section 16, said point also being the southwesterly comer of the Merrill's Parcel; thence along the easterly line of the NW% of said section 16, also being the westerly boundary of the Merrill's Property, 11.) S.00046'13''W., 209.13 feet; thence leaving said easterly line, 12.) S.89032'44"W., 283.60 feet; thence, 13.) S.66024'04"W., 135.17 feet; thence, 14.) S.43 0 50'26"W., 106.14 feet to the east line of Government Lot 4; thence along said east line, 15.) S.oo59'44"W., 471.87 feet to the mean high water line of the Boise River; thence along said high water line through the following courses: 16.) S.84009'16"W., 225.82 feet; thence, 19.) S.oo52'17"W., 491.30 feet; thence, ",,!Cli,UI.rJ/l1'I-fh !is'''}! O~ ~ 'l~ . "......",1 " J.. ,iI.W.(i 'I:, ~~. (<I; ).. ....<t~.ll:,ge4J? .t. ,rp ~J', ~' "'..,.~""'- '"u> "'" :,i' (j",_'1-::Si" 9:) ~ ~'" .j' OR4)> ~ I~f~ .f. ' t$> I; ;',' "!-r : .. ~ 'N "" i:::t ...) ttJ ,./' ;~'ii''l' 17.) S.84009'38"W., 419.83 feet: 18.) S.85047'16"W., 206.66 feet; thence, 20.) N.81022'48"W., 137.03 feet; thence, .~' 'P :: ::;!i: ': ;c.; PROJECT: 94040 DATE: September 15, 1999 PAGE: 3 of 3 21.) N.76019'08"W., 93.82 feet; thence, 22.) N.60055'56''W., 63.45 feet; thence, 23.) N.79016'40"W., 146.88 feet; thence, 24.) N.63058'50"W., 137.78 feet; thence, 25.) N.3r59'37"W., 410.61 feet; thence, 25.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way line of Eagle Road; thence leaving the Mean High Water line of the Boise River and running along the easterly right-of-way of said Eagle Road, 26.) N .00055' 47 "E., 625.24 feet to a point of intersection of the said easterly right-of-way line with the southerly line of the NW% of the NW1/4 of said section 16; thence continuing along said easterly line, 27.) N.OIOI8'36"W., 15.62 feet; thence leaving said easterly line; thence, 28.) S.89035'10"E., 300.00 feet; thence, 29.) N.01 o18'37"W., 290.54 feet; thence, 30.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle Road; thence along said easterly line, 31.) N.Ol oI8'37"W., 461.40 feet to the POINT OF BEGINNING, SAID PARCEL containing 93.26 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. EXHIBIT "C" attached, and by this reference made a part hereof. I: i94()4() \ wpfi les iexhibitb. leg ~ ;s ~ ~ 8 ~~ ~ ~~ S- ~ ~~ ~ ~~~~ ti::~~~ ~ ~~~~~~ ~~~~~~ ~~~~ S- C)~ ~ ~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~'f I I I I I I I~ . I~ o o o -.r. ~ g t!) o t!) N o - _ .:!!Ol!!- ..!..:'!.:!!,.QQ2. "" ..... a ...J ~ a <.:l I I I I . I a ~+- - - - I - I ~I ~I "I I. I~ j:! I I '~> I ,,, I 'i!-. \1 1!t ltC. !f~ - '""'iI '-it (gg -"OK ",.,JIHt)I1I - - - . :u.,.zs) - -L - tm)H - I ~~ f{;'J I ~ I I I rr:;yz - - . I ----~ RlQ8~Sl "-' ~C"tot....' , Z I N 2 o Z'" I 6 Z :5;::~ ~ _ a."""'" 01 Ct: ""I"" l&l Ooolil l&l :;0 _.aN ..... - ill ~ ~~ ~ ~ ~ ~ z > 00 <!i 00:000 b: ~~ ~ o 5"!'~ I aN'" ~ ",,,,a z I ill (J)~~::: :c~~N~ e- ",:>: .. ~ o ~(.J~ ~ O~:::: a-:i E-- w~s:! ~ :i: a o Oz ~~ 0.. Cflw <> aUi WZ ~W Z:I: OW _0:: Cflo.. W~ ao CflU W L5c:5 ~L5 <W a:I: ,I- CflZ 0.._ W I- o Z EXHIBIT C LEGAL DESCRIPTIONS AND MAPS OF PS/DA, MU/DA, AND C3/DA ZONES DEVELOPMENT AGREEMENT - 16 S :\CLIENTS\3906\3\Devag.cl1l. wpd PROJECT: 94040 DATE: September 15, 1999 PAGE: lof2 EAGLE RIVER EXHIBIT C DEVELOPlVIENT AGREElVIENT BOUNDARY DESCRIPTION FOR PS/DA ZONE A parcel of land being a portion of the North 112 and a portion of Government Lot 4 all in Section 16, TAN., R.IE., B.M., City of Eagle, Ada County, Idaho, being described as follows: COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada County as Instrument No. 9498747, said corner being located N.00055'47''E., 2640.78 feet from an aluminum cap monument marking the west % corner of said Section 16; thence, A) B) C.) D.) 1.) 2.) 3.) 4.) 5.) 6.) S.ooo55'47"W., 1944.09 feet along the westerly boundary line of said Section 16; thence leaving the westerly boundary line of said section 16, S.89004'13''E., 110.00 feet to a point on the easterly right-of-way of line of Eagle Road; thence, S.68001'1O"E., 437.15 feet; thence, S,3r59'37"E., 103.26 feet to the POINT OF BEGINNING; thence, S.74024'02"E., 137.39 feet; thence, S.79014'26"E., 322.98 feet; thence, N.89040'05"E., 85.81 feet; thence, N.86026'58"E., 77.66 feet; thence, N.81026'48"E., 133.29 feet to a point on the easterly line of said Government Lot 4; thence along said easterly line, S.ooo52'17"W., 331.46 feet to the mean high water line of the Boise River; then,<i~,M9.n~ said high water line the following courses, ~ ' 0 F f.1t:: ..,,~ Oli$$'''''''t>q, . ... ~ (.!II "<!> tJ"''' .~ ,':' <. V 0 R4 ... ~' 0'" r~. " (; v ;: ~7J>>0~ ;,:;;", ~:). "ir PROJECT: 94040 DATE: September 15, 1999 PAGE: 2 of 2 7.) N.81022'48"W., 137.03 feet; thence, 8.) N.76019'08"W., 93.82 feet; thence, 9.) N.60055'56''W., 63.45 feet; thence, 10.) N.79016'40"W., 146.88 feet; thence, 11.) N.63058'50"W., 137.78 feet; thence, 12.) N.3r59'37"W., 307.35 feet to the POINT OF BEGINNING, SAID PARC;;:EL containing 3.67 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. EXHIBIT "C" attached, and by this reference made a part hereof. J: 194040\ wpfileslzoneps . doc e... ~~ ~~ ~ ~~ ~~~~ S1 ~~~~ ~ ~~e...c:::j~ ~~~~~~ ~~~~ ~ ~~ ~ ~~ ~~ c:::j S..f - I I I 1 I 1 I: 15 1 I 1 1 . I :l ~+---- I - I ;1 ~I .., :~ I~ 1_ 41 I I <;, , ";\ I ~" "'I 1 ..,:! ...... .;.... -- - - ... ... " i i z z I I I 1 I I I <(I 01 ~ ::)1 21 --+--- I I I I I I 1 (99- 'OJi- - - - .cYAH:J/H SlY.lS) - - -L - aroa o o o 1. o If) N o _ _ .:!flltt....!.., ..!..:,!:.!!.oo-!,. '" ..... o .... ~ o t.:I ..... o .... ~' , f\~ \~V I ;.,\ \ : \ I \\ rr.1W - - .1 ----~ 8~8g:S! i7 ~ 2 t:l~...16 ~ i~;:: * a:: c:o'7<il r.:l aal~ r.:l ,.0 Z.ON - -008: t:ll/lw~~ Za:~"':;- r.:l 0 co - ~ ~ Z> lOa oa:Oal ~ ~~::: o 5,.',~ IaN'" ~ a:l"':3 zl~ ....al- 11100 ~ :cffi3:N~ e-o ""x 00- o ~u ~ ~ o oJ:: 0 .. e-oz....:r~ wen a.. .1. ~ ;= o o gz }L-~ a.. ~W > 0- W~ ;;:W ZJ: c.::>W _0::: CJ)!l. W~ 00 CJ)U W LSt5 ~LS <(W OJ: ,I- CJ)z 0.._ ~w o r.~ 100 1= W I- o Z PROJECT: DATE: PAGE: 94040 September 15, 1999 1 of 3 EAGLE RIVER EXHIBIT C DEVELOP~lliNTAGREENlliNT BOUNDARY DESCRIyrION FOR MU/DA ZONE A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in Section 16, TAN., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows: CONThlliNCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada County as Instrument No. 9498747, said corne~being located N.ooo55'47"E., 2640.78 feet from an aluminum cap monument marking the west % corner of said Section 16; thence, A) S.OO055'47"W., 1944.09 feet along the westerly boundary line of said Section 16; thence leaving the westerly boundary line of said section 16, B) S.89004'13''E., 110.00 feet to a point on the easterly right-of-way of line of Eagle Road; thence, C.) S~68001'10"E., 437.15 feet to the POINT OF BEGINNING; thence, 1) N.31 018'33"E., 49.53 feet; thence" 2) N .00059'42"E., 260049 feet to a point of curvature; thence, 3) Northwesterly, along a curve to the left having a radius of 325.00 feet, an arc length of 171.72 feet, a central angle of 30016'21", a chord bearing of N.14008'29"W., and a chord distance of 169.73 feet; thence, 4) N.29016'39"W., 144.33 feet to a point on a non-tangent curve; thence, 5) Northeasterly, along a curve to the left having a radius of 400.00 feet, an arc length of 342.57 feet, a central angle of 49004'12", a chord bearing ofN.32036'll"E., and a chord distance of 332.21 feet; thence, 6) N.08004'02"E., 107.82 feet to a point of curvature; thence, PROJECT: DATE: PAGE: 94040 September 15, 1999 2 of 3 7) Northeasterly, along a curve to the right having a radius of 250.00 feet, an arc length of 391.03 feet, a central angle of 89037'02", a chord bearing of N.52052'33"E., and a chord distance of 352.37 feet; thence, 8) S.82018'56"E., 172.38 feet to a point of curvature; thence, 9) Easterly, along a curve to the right having a radius of 600.00 feet, an arc length of 123.22 feet, a central angle of 11 045'59", a chord bearing of S.76025'56"E., and a chord distance of 123.00 feet; thence, 10) S.70032'57"E., 186.84 feet to a point of curvature; thence, 11) Easterly, along a curve to the left having a radius of 600.00 feet, an arc length of 191.42 feet, a central angle of 18016'46", a chord bearing of S.79041 '20"E., and a chord distance of 190.61 feet; thence, - 12) N.08006'02"E., 382.66 feet to a point on the southerly right-of-way line of Eagle alternate Route as shown on the right-of-way plans for Eagle Alternate Route, FAP No. STP-F- 3271(033), Key No. 2027, on file with district 3 of the Idaho Transportation Department, said point being 80.00 feet right of station 937 +84.80; thence continuing along said right- of-way line through the following courses: 13) S.81 039'01 "E., 599.42 feet to a point of curvature; thence, 14) Southeasterly, along a curve to the right having a radius of 11 ,379.16 feet, an arc length of 467.49 feet, a central angle of 02021'14", a chord bearing of S.80028'24"E., and a chord distance of 467.49 feet to a point on the easterly line of the NW% of said section 16; thence continuing, 15) Southeasterly, along said curve to the right having a radius of 11,379.16 feet, an arc length of 1,523.53 feet, a central angle ofr40'16", a chord bearing of S.75027'39"E., and a chord distance of 1,522.40 feet; thence tangent from said curve, 16) S.71 037'30"E., 97.87 feet; thence leaving said right-of-way line, 19) N.00036'49"E., 8.0 feet; thence, 17) S.00005'45"E., 55.91 feet; thence, 18) N.89052'53"W., 243.71 feet; thence, PROJECT: DATE: PAGE: 94040 September 15, 1999. 3 of 3 20) N.89052'54"W., 1329.16 feet to a point on the easterly line of the NW% of said section 16, said point also being the southwesterly corner of the Merrill's Parcel; thence along the easterly line of the NW1/4 of said section 16, also being the westerly boundary of the Merrill's Property, 21) S. 00 046' 13 "W., 209.13 feet; thence leaving said easterly line, 22) S.89032'44"W., 283.60 feet; thence, 23) S.66024'04"W., 135.17 feet; thence, 24) S.43050'26"W., 106.14 feet to the easterly line of Government Lot 4; thence along said easterly line, 25) S.oo59'44"W., 59.84 feet; thence, 26) S.81026'48"W., 133.31 feet; thence, 27) S.86026'58"W., 77.66 feet; thence, 28) S.89040'05"W., 85.51 feet; thence, 29) N.79014'26"W., 322.98 feet; thence, 30) N.74024'02"W., 137.38 feet; thence, 31) N.37059'37"W., 103.27 feet to the POINT OF BEGINNING. SAID PARCEL containing 67.27 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. EXHIBIT "C" attached, and by this reference made a part hereof. I: I 94040\ wpfi les Izonemuda . leg ,,~.~:U:7' .",' ,,,., jt;l ,..,. ,OX' J;, ~ <~~Ill"'l1l>I>e<>, '.,' I ,,'" t}~ ""., fAi ,..: If4;fiI ~ '.11- I: v ~ il 0 i'.., ,', r:' Il" 0'\)' '4<< '" !l t. .., I ~ ~ 1(t \ ~~:~~ ~,:',;;~r.,f!~.l'> ~ ""',~~' \;;~5i'>::" 1'~~~~~: ,">~ '" 'f ~" >< ~ ~.f- I I I I I \ \: I~ I I I I . I :: tt----- N1 I ;\ ~I . ..\ I. I~ e.... ~~ ~~ ~~ ~~~~ ~ Qa~~~~~ ~~~~~~ ~~~).. ~ ~~~Cl:: ~ ~ ~~ ~ ~~ ~~ ~ o o o ~. o ~O Il1 o Il1 N o .".~ ~r~j)Q s ~Cl O~ Z ~~ -Cl ow Q.lD .,:.--- -1; , lo" ~ ~ I~ ~ i! i I :. ',.....><:::.....::...,",..)<:..l..... ~~~~:... " ,.'. ~ '. ,\ ". ". , '. '. ',', ........ ."'.. '.'<'..... 25 ;..:... .....>{-......... ...,.....'.,...~............. .......:.'..... ..... ...... .:...,:.... ...~" ~ ~ ,....:~..l\.~. ~:.~~...:::..:<<..::...... .:~,...:::::::::::::.....,:........:::::::::::. .... ..... .... => 0 '.. ,.{ \ 12. .'., <( .... ". ..... ..... ...... " '.",J '." \0 ..... --- ..... ..... ....... ., z '", 1'-. ... -z,. ...... O:r: '.... ....... . :2 ~ ."..:t......'{6 I- >....... ,....<:. ..........><::::::::>::::::r:.:..........., ~....: ~ 5 ..:::::.::::::::::::........:. , , '. ..\ '. ..\ :J V1 '.... ...::.:::::~:::~:..i::.:.~~:.~... ~ ,..."~.~::~:::,..~...:..::::::::.:.. .~"~t;~l~~.:~,~:~~ <{ ., ". .1', ~.. .... '. ". '. ". '.. 0 ........:<:::...~::"...::.::::::::::::...,:...:....:i ~.....::::::. :::::::::::........::::::......:......::.:.:::..::.::::.....::......:::::::::.::::::....::.: ~ '.' . 'J" ..' .'. . (f) '~~<t~:~~.~~:~?~" : ~'? Q3 ~ -r .. " := := z z '" ~ o -' ~ o (j - - -t. .... I: I I I I L. \; I~ I I I I I -1 I I {SI ;s: ~I I ~w o [~ '" \: I I I I I I , ~ ~ (W~A~mm~--~-----~~------~ . 1JI <<> '" 51 ~ a:8~ . 00J"''''",2 2: I , o Z::!; ~ ~ :z: ~:::;"'GO ..... 0.. QQ"" .. e:: oob~ r.:l ~O' r.:l '" :z: . - 'g: ~ 1JI~~~ -..0:-.....,., r.:l ~g ~ :z:~ <<>~ O a:o a:l :l'" '" e- 1JI~ '" . e:: ...I~ O -'''''' ::l _. ... I g;';;a ~ zob~ ::a 1JI~~~ =f5~u; e- ~u ~ ~ o -,.. 0 .. O~:::::I: ::! Eo-- twa'tQ. ~ ~ ~ a o Oz ~:5 . 0.. U'lw <> aiii wz ~w zJ: <.:)w -~ U'lo.. w~ ao U'lU -w L5c3 ~L5 <w aJ: ,r- U'lz 0..- w r- o Z PROJECT: .94040 DATE: September 15, 1999 PAGE: 1 of 3 EAGLE RIVER EXHIBIT C DEVELOPMENT AGREEMENT BOUNDARY DESCRIPTION FOR C3/DA COlYlMERCIAL ZONE .. A parcel of land being a portion of the North 112 and a portion of Government Lot 4 all in Section 16, TAN., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows: COMNIENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the northwesterly corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada County as Instrument No. 9498747, said corner being located N.oo055'47"E., 2640.78 feet from an aluminum cap monument marking the west % corner of said Section 16; thence, A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence, B) S.89004'13"E., 80.00 feet to the POINT OF BEGINNING; said point being on the southerly right-of-way line of Eagle Alternate as shown on the right-of-way plans for Eagle Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on file with district 3 of the Idaho Transportation Department, said point being 168.30 feet right of station 922+67.39; thence along said right-of-way line through the following courses: 1.) N.50042'37"E., 105.95 feet to a point located 90.00 feet right of station 923+38.79; thence, 2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99; thence, 3.) S.81 039'01 "E., 584.81 feet to a point located 80.00 feet right of station 937 +84.80; thence leaving said right-of-way line, 4.) S.08006'22"W., 382.66 feet; thence, 5.) Northwesterly, along a non-tangent curve to the right having a radius of 600.00 feet, an arc length of 191.42 feet, a central angle of 18016'46", a N.79041'20"W., and a chord distance of 190.61 feet; thence, chord bearing of ,,~ r.. t.:lU,:~",4' '!o......... 0 F J"5; A "~t-1!' ,.;,Ii .J>--{ .. J. ...., "'", V ('" e'$-J!!~.e-,,,,, tJ,.;- ''-t~ ~ ,. ":,,, .. ~~~ Dt.oG!;" ~"J!. "1l~d. :'y (it" ~'t;t "l~~ \~ lJ ~qJ; 'd V 01:,A, t~. ~ ~:~ ;y~ 'r1 (') ,.... '" ..j?t.t..A. ~ ,~''l : g ~ v 0 : ~~ 1:rg ~ecY_ :~ :~ {', .. ,,~ ~ " (~ '" e" (~ ~# -...;", I; .., ;{!I PROJECT: 94040 DATE: September 15, 1999 PAGE: 20f3 6.) N.70032'57"W., 186.84 feet; thence, 7.) N.76025'56"W., 123.00 feet; thence, 8.) N.82018'56"W., 172.38 feet to a point of curvature; thence, 9.) Southwesterly, along a curve to the left having a radius of 250.00 feet, an arc length of 391.03 feet, a central angle of 89037'02", a chord bearing of S.52052'33"W., and a chord distance of 352.37 feet; thence, 10.) S.08004'02"W., 107.82 feet to a point of curvature; thence, 11.) Southeasterly, along a curve to the right having a radius of 400.00 feet, an arc length of 342.59 feet, a central angle of 49004'19", a chord bearing of S.32036'll"W., and a chord distance of 332.21 feet; thence non-tangent from said curve, 12.) S.29016'39"E., 144.33 feet; thence, 13.) Southeasterly, along a curve to the right having a radius of 325.00 feet, an arc length of 171.72 feet, a central angle of 30016'21", a chord bearing of S.14008'29"E., and a chord distance of 169.73 feet; thence, 14.) S.00059'42"W., 260.49 feet; thence, 15.) S.31 018'33"W., 49.53 feet to a point on the mean high water line of the Boise River; thence along said line, 16.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way of Eagle Road; thence leaving the mean high water line of the Boise River and running along the easterly right-of- way of said Eagle Road, 17.) N.Oo055'47"E., 625.24 feet to a point of intersection of the said easterly right-of-way line with the southerly line of the NW1f4 of the NW1f4 of said section 16; thence continuing along said easterly right-of-way line, 18.) N.01018'36"W., 15.62 feet; thence leaving the easterly right-of-way line, 19.) S.89035'lO"E., 300.00 feet; thence, 20.) N.01 018'37"W., 290.54 feet; thence, PROJECT: 94040 DATE: September 15, 1999 PAGE: 3 of 3 22.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle Road; thence along said easterly line, 23.) N.Ol oI8'37"W., 461.40 feet to the POINT OF BEGINNING, SAID PARCEL containing 22.31 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record. EXHIBIT liB" attached, and by this reference made a part hereof. I: \94040\wpfileslzoned . leg ~ ~~ ~ ~~ ~ ~ 9-.. ..~ ~~~~ ~ ~ \,j~ ~ ~~~~~~ ~~;("I~~ \,j~~~ ~ ~~~~ ~ ~~ ~~ ~ ~~ 'S c:::i"'l ~ ~'f I I I I I I <( 0-" ,,~ :JO 2~ I: 19 I I I I . I ::I ~.+-- - - N -- I I ~I .. ;1 .. ..\ I. l~ I~ I I I I , / . '. (99--0- - - - I ! 'N ,,{YAHDIH ZlY,l$} - - ...L - ! t1Yf>>I ,. , ,. '"'""'If.. ~ 25 II) o II) N o _ _ .""Q.lr'l __..!..:'~.oa.....!. .... .... o -' I ~~ <<;0 , '" --t ~ \: I I I I l I~ IN I I I I I -1 I I ~I ~I I 1:- r.~ 10 ,: I I " 1 \1 \1 , 1\ ,..- I \~ :<c. I \~ <(-.. I \6 0 :r: I \ rs- '-...... ~ I \ :J ~ I I 2 '-' - - + -I~ <C -- I I~ >< I 1& I 18: I I~ I I I I II I- o -' :; o " I 1 I I rr:J'fZ - - - .1 ---:. R:Qgg:~ "" UJ ("of"" , Z ,N>;: e,:, Z. I .d, Z ~,::: ~ S .... a."""" <J' et: "'I'" l'&I OCXI~ l'&I :;0 Z.ON - -008: t:l!JI....~~ Z a:aL&.:;:;- l'&I 0.., - G to! Z> CXI a o I%OCXI ~ ~~ ~ '-' o 5"!'~ I ON'-' Z ..,"':3 < zl~ ::SU1~:g:::: :cI%ZNS! e-~i:..~ o ZU ~ ~ 05:::: O' E-z....J:~ WO\ ~ .1.. ~ :: o o Oz ~:5 0- C/lw <> 0- w~ ~w ZJ: "w _0::: (/)0- w~ 00 (/)u w L5~ ~L5 <w OJ: ......1- ~~ W I- o Z DEVELOPMENT AGREEMENT -17 S :\CLlENTS\3906\3\Devag.c111. wpd EXHIBIT D DESIGN GUIDELINES LANDSCAPE. SITE DESIGN, AND ARCHITECTURAL DESIGN GUIDELINES Overview and Purpose The purpose of the Design Guidelines is to provide an aesthetic roadmap for the development of the Eagle River project within the highly visible and scenic city of Eagle/ Boise River context. The guidelines also acknowledge that the development will occur over time, thereby requiring a means to ensure landscape, site design, and architectural harmony prevail as desired by the City set forth in Eagle City Code 8.2A and in the " Downtown Design Review" and Overlay Districts. The commercial elements of this project fall within the design review regulations set forth in Eagle City Code 8.2A. Administration of Design Guidelines The property developer and/or successor will have design review responsibilities for all site development, landscape and architectural components. This review and approval process will occur by the developer prior to being forwarded to the City of Eagle for its review as part of any required landuse, building, or design review application. General Applicability All development within the Eagle River property including but not limited to commercial, office, flex space, multifamily, and residential projects is subject to these Guidelines. They shall be consistent with those set forth in Eagle City Code 8.2A-1 thru 8.2A-19, Overlay Districts, the Comprehensive Plan, and other applicable requirements set forth by the City of Eagle. In case of conflict, the 'higher standard' interpretation shall prevail. · Flexibility: These guidelines are intended to depict the general nature of the architectural character while allowing sufficient flexibility for development to accommodate the evolving market, remain economically vi2ble, support the purpose and goals of the City of Eagle, and respond to site and other conditions as necessary while keeping within the desired character of the project to the extent possible. Design Intent The intent of the Design Guidelines is to provide a harmonious and integrated development of commercial and residential buildings sharing common streets, trails, . . \' "" !.ul.~,.,.~. wetlands, and open spaces. The general theme of the CIty of Eagle IS to empha~~ 0 F " Northwest, turn of the 19th Century, architectural styles and appropriate material~\.~,..~"1;uf""", ~ ~: ~.. ~ ;: 'V" ,vOR ".. :;: [J? C \...... ~.;J)~ ';~ ~~ ti' t, <t~ .~. ~ ~f~: CUlU.~~ ~~. \" iT;~!,~~~'b5; 1;;F>~ ,,1i,~. Eagle River Design Guidelines March 1998 1 achieve this goal it is not necessary to slavishly copy older existing buildings and use of materials. Architectural character for new buildings can be achieved by proper use of traditional elements such as sloping roofs, dormers, parapets, cornices, window and door styles, and attention to correctly executed details which have and will continue to stand the test of time. Scale, proportion, style and color of all buildings as they relate to each other and the open area around them is important and necessary to establish and maintain a strong sense of community, specifically the character the City of Eagle seeks to achieve. Submittals All site development within the Eagle River project area shall conform to the current zoning and development guidelines established by the City of Eagle and which will be supplemented by the project area covenants, conditions, and restrictions. All design documents submitted to the City of Eagle Design Review Board for landscape design, site design, and architectural design shall be in accordance with those described in the Eagle City Code 8.2A-I thru 8.2A-19, Overlay Districts, and the Comprehensive Plan. Maintenance All parcel(s) within the Eagle River project area shall be maintained in accordance with those provisions set forth in its covenants, conditions, and restrictions (CC&R's). Eagle River Design Guidelines March 1998 2 r"" ." .. .. (,1' t(\ f' ~ "' ,l "'i ~ " ~~ 1.0 SITE DEVELOPMENT DESIGN GUIDELINES 1.10 General The term Site Development as used in this section, refers to the siting of structures and the placement of related improvements on individual parcels within the Eagle River project. This includes but is not limited to parking lots, service areas, walkways, sign or identification structures, lighting, etc. The objective of the site development guidelines is twofold: 1) to support and amplify the City of Eagle City Code 8.2A-1 thru 8.2A-19, or Overlay Districts and 2) to recognize the unique nature and location of the property within the City of Eagle fronting the Boise River. 1.20 Site Development Theme The site development theme acknowledges that the Eagle River project is situated within the 100 year flood plain contains several acres of wetlands and fronts the Boise River riparian floodway which is contained with a dike. The site development theme also acknowledges the presence of two existing irrigation canals in the northeastern portion of the site. The basic site development concept recommends a network of interconnected landscaped drainage swales which drain off and treat all stormwater. In addition, this swale system is the primary drainage way for local natural riparian vegetation. The resulting landscape and topography form is a series of large outdoor rooms connected by roads and walkways that surround each of the gently elevated building pads. This overall concept of gently elevated building pads and adjacent, drainage ways will conceptually result in no net loss of floodway holding capacity. Alternatively, building pad sites will be two feet above the 100-year flood plain. The siting of all structures and the design of associated previously mentioned drainage features takes into account the flood plain context of the property. 1.2.1 Design Objectives The site development design guidelines for individual parcels reflect several important goals: to strengthen the area's identity and create a unique and aesthetically pleasing environment within the context of the City of Eagle. The objectives underlying the thinking behind the design guidelines are stated as follows: · To establish a development area that IS visually memorable to its users and residents. distinctive and ,,,t.a 1'!)Z-rt,.~t!''';-gt9_iII,,, ~~~,., r-, v~ '" ': ---~1'~ 't-;~~ ~ ~.J ~-,} .' ' ;~~ t-~';>-~'f\" ~. ~'{?", JJ' f" ,'" ',..', ~, "-J 'i~ ~ M ~ ~1 :'.; ~, .' f,:' t;" t~ Eagle River Design Guidelines March J 998 3 ~-, · To encourage development in the area which is visually understandable and meaningful to its users. · To encourage the design of buildings and exterior spaces in the area to be of an overall hi~h Quality and appropriate character yet diverse enough to reflect a variety of expression and creativity. · To promote ease of pedestrian accessibility and comfort in the area and its connection with downtown Eagle. · To create pedestrian scale in the design of streets, parking areas, buildings and spaces between buildings. · To soften and enhance the appearance ofbuildin~s and structures. · To creatively protect and enhance the Boise River natural environment which abuts the property. · To creatively strive for no net loss offloodway holding capacity. · To create visual unity in the design of site development and buildings within each project parcel. 1.2.2 Establishing Ground Elevation for Business Parking or Building landscape l dis1ance varies ..,. .,. 6' deep swale Riparian Vegetation Slormwater Retention llandscape ..,. distance varies S' min Planting Strip J 5' Meandering Walkway.-/ Parking Lot ( Section At Drainage Swales Recognizing that the Eagle River project area is within the 100 year flood plain of the Boise River all development parcels are to be contoured so that each building is set one (1) foot above the 100 year flood elevation identified b~ ~,l1"'~l Corps of Engineers for that portion of the property. 1>"''\'''~~ 0 F ";~,".,~.,. ~., ~'\. ~_;lt,''1,:Z,i'~!J.~t\:t0.~; "_,,I:;:,," ':~" "l! y"1' ~:l')'- 0 '," , ;'~ t/ ~', (" ..:""", "'\ 1J;" t:.J'~' (.;'- ~,_ ,~~r", I!} ,,;:-::> Eagle River Design Guidelines March 1998 4 Each parcel is to be graded and/or contoured in such a fashion that all storm- water positively drains away from all buildings and structures into adjacent and interconnected landscaped bio-filtered drainage swales. These swales are to be landscaped with native wetland plant material commonly found within the local Boise River riparian system. 1.2.3 Design Standards for 4-Lane or 3-Lane Collectors The following standards apply to all four-lane and/or three-lane major and minor collectors in the retail and office areas or in accordance to the Ada County Highway District (ACHD) which ever is greater. · All crosswalks are 10 feet wide. · All crosswalks are handicapped accessible. A drop curb is required at corners to facilitate wheelchairs and strollers. · The pedestrian pathway is separated from the street by a min. five (5) foot wide planting strip. The following standards apply to collector and local streets in the residential areas in accordance to Ada County Highway District Standards. Appropriate signage shall be installed. .. ACHD. approved dimensions (2l-travel lanes, and parallel parking on one side 5' min Planting Strip 5' min. Planting Strip 5' Walkway 5' Walkway _.". Section At Residential Area , I"'"~ <. .r'tlt,. -.,.\\ 0 q ''''~ , "71'(- !i:io, 1 l. .K;,A f'> f~" ~.. ~ -<.\.. -lA., ",;,.~ ....~ lc'''' t. 'i';~> i ..) ~~ ~ : · The typical roadway allows two travel lanes and one parallel parking lane. '~.," . , Eagle River Design Guidelines March 1998 5 ',_J " h~~ · On each side of street are five (5) foot sidewalks. · All crosswalks are handicapped accessible. A dropped curb is at all corners to facilitate wheelchairs and strollers. 1.2.4 Collector Width Requirements Recommended collector width requirements for 4-lane and 3-lane collectors within the Eagle River project include: · 4-Lane Collector: The entry roadway off of Eagle Road has four travel lanes, a central continual landscaped divider lane, two bike lanes, a min. 5 foot wide planting strip on both sides, and a 5 foot wide sidewalk on both sides. The right of way width is 100 feet. At busy intersections additional width may be required to accommodate additional left or right turn lanes. ACRO. apprCl't'ed diTIlnlicnS (2).tmellInes. bill lanI 5' nin. Planlilg SIJ1l 5' t.\IIndIring WaTr.way , " " Landscaped Central Island ACHD. 11llll'0Y8d dimenSions (2).1ravellaneS. bike lane S' mil. Planting Strip 5' Meanderilg WaIlway Section At Signalized Entry at Eagle Road · 3-Lane Collector: The roadway through the commercial areas has two travel lanes, a central continual turning lane, a 5 foot separated pedestrian path on the north and south side and a min. five (5) foot planting strip on both sides. The minimum right of way width is 56 feet. At busy intersections additional width may be required to accommodate additional left or right turn lanes. Eagle River Design Guidelines March 1998 6 LandSCape A.CHO. awCMld dir.ensicns (2)-:r.MIIaI1es, 11m lane. bike lane 5' min. I'!anlil\J Strip 5' I1W\ Planlir,g SInO S' Meanc!erirlg Walkway S' Meanc:enr.o Walt:way Section at Three Lane Road 1,2.5 Entryways to Individual Development Sites -, AC.Hll dn\ lmeI .... bike line ~ S' mn PlInltlg s,"", 5' MNndemg Wlltway Section at Sign in Residential Area A.CHD. din trawl lane, bike lane S' mil. Pla~ ' S' Meendemg Walkway Landscape Within the framework set forth in the architectural guidelines related to materials, colors, etc., encourage individual expression at entryways by allowing freestanding structures which incorporate signing, lighting, and landscaping and which enhance the visual identity from the street. The purpose of this guideline is to create a sense of arrival and should be oriented to both pedestrian and automobile. · The design of entryways should always relate to the design of other buildings in the development parcel in terms of materials, scale, and color. · Signs identifying the names of tenants or buildings may be incorporated into the entry. · Entryway designs should integrate signage in a way that respects the architectural design integrity of the entryway. Eagle River Design Guidelines March 1998 7 · Signs are permitted on any entryway face. · Entryway signs may be placed on the property line without a setback requirement, provided that views of traffic are not obstructed as per current City of Eagle Standards. · Street trees should not be located in front of entryway signs. 1.2.6 Trees In Parking Lots Trees in parking lots are required to create smaller and friendlier spaces for people, to maximize the positive environmental effects that trees provide, and to reduce the impact of solar gain on cars and buildings. · Landscape planting area requirements for parking lots will be as described in the City of Eagle Code 8.2A. 7K. · Provide mediiun sized trees within the parking lot at the density described in the City of Eagle Code 8.2A.7K. · Use trees to make smaller human-scaled spaces within parking lots and to soften the overall appearance of larger parking lot areas. · Locate the trees to allow for frame visibility of entries, signage, and to provide overall appropriate visibility for retail businesses. ( J Sill DeveIopmenl PIrkilg Parking LOI DriYilg Lane l ~ Planted End Islands l ~ ) Driving Lane Section at Retail Area Parking Lot tt,loilMU.S~~ "'...... O\t1' ..Cj,"'{ Il. ,,:,fl> <l/i~"""'il~"",, ~,,,t- 84i'- iJrit:l:i'!i ~. c..; ,;tJi, ~ ti) .::' l' "'cY 0 R A. "'" · ~'~ ~~J~,_ .~. :!( ., (.)0 ",) ';, Et .J.d'" $' , <:w> $ ~;(3) '.. ' ~ ~_ t~: \\ ~.;,1? ~:;, ~;~~_ j;~'~ ,,;r -,.( ." .. tfI' .;,.,' ,.~, '~~~;:'!"" ' "~'.t;t",' ~".';L"..", · Use a species of tree which will permit initiallimbing of seven (7) feet. Prune trees regularly to achieve an ultimate minimum limb height of 12 feet. Eagle River Design Guidelines March 1998 8 · Protect trees from overhanging bumpers with concrete curbs and allow for a minimum of three (3) feet between the curb and the center of the tree trunk. · Use one tree species in parking lot areas unless developments are extraordinarily large or where visual distinction would be appropriate. For variety, vary tree species from development parcel to development parcel. 1.2.7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Maximum screen height is to be three feet or as described in the City of Eagle Code 8.2A.7. This enables people to see out and be seen from the street and cars. · Parking lot screens may be made of all plant material or a combination of low walls or earth berms and supplementary plant material. · The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. · Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. · A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. 1,2.8 Drive- Thru Orientation and Screening Visually screen drive thru lanes from view along public streets. · Wherever feasible, orient the drive thru lane to be perpendicular to public streets. This will reduce any possible confusion created from headlight glare into oncoming traffic. · Screening may be accomplished using plant material or a combination of low walls or earth berms and supplementary plant material. Eagle River Design Guidelines March 1998 9 '.. · The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. · Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. · A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. 1.2.9 Service Area Screening Visually soften and screen all service functions within the retail, office, and flex space portions of the development from public views. (See architectural guidelines. ) · Screen dumpsters and recycling bins from public view with plant material or with a combination of screen walls and plant material. All walls should be constructed of durable materials able to withstand normal use. The screen walls are to incorporate the same material as used in adjacent building structures. · The height of plant materials and walls should be equal to the height of the dumpster and / or recycling bin unit at the time of installation. · Visually separate loading dock areas from public view with landscaping or walls and landscaping. 1.2,10 Walkways and Pathways Create an interconnected walkway and path system that will connect all parcels within the Eagle River project area. · Provide one or more walkways which directly link the pedestrian entrances of businesses within the retail and office development to the public pathways. · Interconnect development parcels with pathways located along direct desire lines. · Differentiate walkways within the retail and office development from parking area paving by using a contrasting paving material. Eagle River Design Guidelines March 1998 10 '" . · Walk and path surface pattern and scoring depth must be compatible with the comfort and safety needs of pedestrians, especially the elderly and the handicapped. 1.2.11 Design Standards for Street Lights · All street lights are to be pole mounted non-glare luminaires. · All luminaries are to have an internal shield and/or reflector, which directs the light beam downward to the traveled surface. · All streets, courts, cul-de-sacs, and parking lots are to be illuminated. The minimum light level is to be .25 foot candles. · All native trails, internal foot or bicycle paths, and recreation areas not otherwise located along a street are to be illuminated. The minimum light level is to be .25 foot candles. 1.2.12 Walkway and Pathway Lighting Provide lighting along all walkways and pathways. · Minimum footcandles along walkways should be not less than .25 footcandle and not more than 6-8 footcandle directly under the luminaire. · Avoid dark spots and abrupt changes in light levels. · Select fixtures which are harmonious with the design of the development and which have a pedestrian scale. 1.2.13 Site and Landscape Lighting ,. l";' "t ~,. <1", 1;::~_c Create site and landscape lighting to promote safety, security and visual attractiveness. . Use fixtures with indirect light sources (i.e., concealed from the users' line of sight) such as ground mounted lights or foliage lights. · Avoid creating dark spots which invite crime. ~~ . Help mitigate the effects of night blindness by avoiding any sudden changes in light levels. Eagle River Design Guidelines March 1998 11 . · Use site and landscape lighting as a means to harmonize the building and the site and landscape areas. 1.2.14 Parking Lot Lighting Create parking lot lighting which promotes a sense of safety, security and which is visually attractive. · Use shielded type fixtures to minimize problems of glare. · Minimum footcandles in parking lots should not be less than 1/2 footcandle and not more than 8-10 footcandle directly under the luminaire. · Avoid dark spots and abrupt changes in light levels. · Select fixtures which are harmonious with the design of the dev~lopment. · Fixtures are not to be metal halide. Eagle River Design Guidelines March 1998 12 'I'" fili'H U?'~'t, ""~.. 0 t<' "lI'~~ ~.. ~ ' "\""j> ~.;t <1'" ,..<>-'$~. <l?., .~~ "'r 11> ....'\. ,(0)", ""'. '~, ~~v ~- '"I!' ~ 3 .i'" q"YOR4 ';. ':;. t: t ~~- ~- ~,-) ~~~ f~~ ~:' Cl7:~ c! <'(;;).'J;' t :~ ,~ " !:;.' ;;>1 (:~ t"'~" " 2.0 LANDSCAPE DESIGN GUIDELINES 2.10 PUBLIC RIGHTS OF WAY 2.1.1 General The term landscape as used in this section refers to those elements which give form and character to the physical and natural environment of the Eagle River project area. Those elements include but are not limited to the placement and variety of planting margins, sidewalks, paths and trails, wetlands and drainage swales, lighting, screening of service roads, entry features, special features, etc. Providing for a desirable "nature like" or "park like" setting in the context of the Boise River riparian environment is the goal of this section of the design guidelines. Standardizing this landscape within the broader framework of the Eagle City Code 8.2A Design Review and Overlay Districts. 2.1.2 Landscape Theme Because of its location within the Boise River flood plain the landscape theme for the Eagle River project is to be a generalized reflection of the natural plant materials and growing conditions commonly found within the localized geographical area. The use of cultivars is encouraged insofar as they enhance the riparian landscape associated trees and shrubs. 2.1.3 Design Objectives The design guidelines for public rights of way reflect several important goals; to strengthen the area's identity, to create a pleasant pedestrian environment, and to achieve efficient and safe traffic flow. From these goals a number of objectives explain the purpose of the recommended design guidelines. · To establish consistency in the design of streets within the Eagle River project area. · To create a stroni visual framework through street design which unifies the project and which provides the background for individual expression in the design of specific project areas and parcels. ..~UU!.~" ""...~'" 0 r B.{l11~.,~~~. .~ &......... .$''''11.'''''''''0 '."-" ~l~ . .fD'ffJ ,jl',~:<,";; i.~\ ! u/",'" ~ 1/ 0 ft <1 " "" ',\ I .. C ~<J"~" TJ : (; 1S1lt..O~ S ~, 1r'" \;~;~;;AI '-',"'. · To create streetscapes which are visually distinctive and memorable to users and residents of the project and thus strengthen the identity of the site within the context of the City of Eagle. · To create streetscapes which aid in the visual understandability of the area by visitors, residents, and other users. Eagle River Design Guidelines March J 998 13 - · To increase pedestrian accessibility. safety. and comfort throughout the project. · To improve traffic flow and safety in the entire Eagle River project area. 2.1.4 Landscape Standards For 4-Lane or 3-Lane Collectors ACKO. ctJ\ traWl lane, bike IInI lI/ldICIpId 5' mh PIInlilg ~ Ctntralllllnd 5' MeInderilg Wakway \.MrlIcIped Sebek 10 reIIdenIlaI Iota Section at Interior Parkway Rd. · Large canopy trees are placed at approximately 35 foot intervals within the curbside planting strip. At street and driveway intersections trees are located with respect given to A.C.H.D. clear vision standards. · All street trees have a minimum four (4) inch caliper and are limbed to a minimum height of 8 feet at the time of installation. · The property owner fronting the street provides a minimum of five (5) feet of planting between the edge of the pedestrian path and edge of any site development (parking lot screens, landscaped areas, etc.) except at entryways where design flexibility is required. · Pedestrian crosswalks which cross three-lane collectors, collectors or local roads, or major driveways to developments are paved in concrete. Where concrete crosswalks abut asphalt streets or driveways, a proper transition is required between the concrete and asphalt to avoid excessive wear and damage. ~lt.,;l,M.U'1ft'!n ..,,' T'" U ..",,"""1 Of:.' ~ -<", ,~,'Ii At,.., J!lll'O'Z'""" ~~.... ..'" ' vl;J;r.) ;: ".:'r tJ> ",", .. v ~ .,., 0 )l:> ~4' 'Ii rff '~~ "4 ,~ ::9 <.) !", ~~ \'f''V ~, " 6 ii ".i ~ " t" \ ;i~,,_ '~l:, - 'f',-~ . Pedestrian crosswalks, which cross four-lane streets or any other exceptional heavily traveled street, have 10 foot wide crosswalks defined by a pair of 12 inch painted lines. Eagle River Design Guidelines March 1998 14 .. 2.1.5 Landscape Standards for Collector and Local Streets Discussion: The purpose of the street tree standard is to provide a clear basis for selecting the appropriate type of tree for each street in the Eagle River project. The visual importance of street trees is critical to the identity of the area. In summary, trees provide the visual glue which tie together the streetscape. Street trees bring visual order by providing a unifying element which allows individual expression to distinctly occur. Their form, foliage, color, and smell create special character for a particular street. It is important that all streets have some individual personality. This variation helps users to know where they are in the area. It also contributes to the uniqueness of the area. The suggested guidelines below therefore build on the present City of Eagle policy but offers some variation so that individual streets will take on special color and personality. · Autuiim Blaze maples are recommended on all four-lane collectors. Autumn Blaze maples belong to a large family of trees known as "Red Maples." These trees are fast growing. · Ash trees are recommended along residential collector streets. They support the "park like" and riparian character appropriate for this corridor. · Flowering trees such as flowering pear and crab are recommended in each residential cluster, loop, or cul-de-sac. These trees should vary in variety from cluster to cluster and to each residential unit. · Medium-size canopy trees are placed at approximately 35 foot intervals between the curb and sidewalk. · All trees and associated groundcovers or lawn areas are to be irrigated with underground, automatic systems. . All street trees have a minimum three (3) inch caliper and are limbed to a minimum height of 7 feet at the time of installation. . The property owner fronting the street provides a min. of five (5) feet of lawn or groundcover between the edge of the sidewalk and edge of any site development (parking lot screens, shrub landscaped areas, etc.). Eagle River Design Guidelines March 1998 15 .. · Pedestrian crosswalks which cross collectors or local streets, or major driveways to developments are paved in concrete. Where concrete crosswalks abut asphalt streets or driveways, a proper transition is required between the concrete and asphalt to avoid excessive wear and damage. · The abutting 'property owner is responsible for maintaining the improvements within the public right of way from the property line to the edge of the curb. This includes street trees, groundcover areas, irrigation and sidewalks. · The entrances to the residential areas are to be defined with a raised feature planted island and identification sign. 2.1.6 Plant Material The use of semi-mature plant materials is important to establish the character of the development. The use of more mature plant material allows for more immediate enjoyment and provides a more finished look to the development. At a minimum the size at time of planting should be that which is set forth in the City of Eagle Code 8.2A.7. 2,1.7 Native Vegetation Make extensive use of native plant material (trees, shrubs, and groundcovers) in the design of landscape areas. Non-native ornamental plant material can be used to expand the creative palette of the landscape designer provided the plants are hearty and compatible in character with native material. · Retain as many existing trees as possible with calipers of four inches or greater. Retain understory vegetation which supports wildlife habitat. · Add trees to groups of existing trees to visually expand and enhance the presence of the native plant environment. · Include sufficient evergreen plant material within a development to create some year-round foliage effect. Possible locations include: service areas, along borders with residential areas, along blank walls, and on parking islands, Eagle River Design Guidelines March 1998 16 . 3,0 ARCHITECTURAL DESIGN GUIDELINES 3,1 General The term architectural design as used in this section refers to the design of all buildings on individual parcels within the Eagle River project including but not limited to commercial, office, flex space, multifamily and residential projects. The objective of the architectural design guidelines is two fold; 1) to support and amplify Eagle City Code 8.2A-I thru 8.2A-19 and Overlay Districts and 2) to recognize the physical scale and scope of the project with its unique proximity to both downtown Eagle and the location of the proportion fronting the Boise River. 3,2 Architectural Theme The architectural theme acknowledges that the Eagle River project will represent a significant commercial and residential expansion next to the center of downtown Eagle. It is important therefore that the architectural character of the Eagle River project be hannonious with that described in the Eagle City Code 8.2A-I thru 8.2A-19. The architectural theme will emphasize the northwest turn of the century styles incorporating appropriate building materials used in a supportive fashion. The design intent of the architectural character purposively amplifies the quiet rural tradition of historical Eagle. 3.3 Design Objectives P1 :~ ..r:r ~; i~ The following architectural design objectives generally apply to all building types within the Eagle River project including but not limited to commercial, office, flex space, multifamily, and residential projects. Together these architectural objectives constitute the core design guidelines for the buildings. . Mass and Proportion: Buildings shall be of a scale and proportion that relates well to adjacent buildings without dominating, overwhelming or appearing insubstantial in relationship. Long walls shall be relieved with offsets, bays, projections or other architectural features. . Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use without intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. Eagle River Design Guidelines March J 998 17 - · Roofs and Roofing: Sloping roofs such as gables and hips are required on smaller buildings and encouraged when appropriate on larger buildings, or portions of larger buildings. Decorative mansards on large buildings are not allowed, however, parapets, cornices and other detailing is acceptable. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. · Windows: Windows shall be in proportion with the building facade and individual glazing panes shall not be over-sized. Horizontal as well as vertical mullions are encouraged. Styles shall be historically consistent with the architectural character of the building. Multiple-arched, round, sloping head and other 'trendy' window styles are inappropriate. Shading shall be achieved with awnings, canopies, overhangs and other architectural elements. A~ngs shall be simple and of traditional materials - lighted vinyl awnings are inappropriate. Substantially tinted or colored glazing and interior shading films are not allowed. · Materials: Larger and high bay buildings shall be constructed of high quality, substantial, well-wearing materials: Brick or concrete masonry, concrete, stucco or EIFS (exterior insulated finish systems) with proper detailing, reveals, and appropriate rustication. Careful attention to detail must be made to avoid a monotonous, bland, or flat appearance. Proper lighting may be key to enhance materials and relief on large-scale facades. Smaller and low bay buildings are encouraged to use similar materials as well as wood sidings - horizontal or vertical boards, boards or plywood with battens, and shingles. Local stone is encouraged and shall be used as walls, wainscots, bulkheads, columns or plinths, but not as decorative panels. Materials that are imitations of other materials are not permitted; such as concrete formed to appear as stone. Appropriate combinations of materials to modify scale and add visual interest should be considered. · Architectural Elements: On high bay or multiple story buildings, smaller scale features such as arcades, trellises, or canopies, as well as one story elements, shall be used to provide pedestrian scale. Attention to detail is encouraged and shall be proportional to the facade with the caution that elements used for only decorative purposes are discouraged, especially when appearing out-of-place on larger walls. Eagle River Design Guidelines March 1998 18 .. · Equipment, Loading and Service Concealment: Mechanical and electrical equipment shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. Service and delivery access, refuse and recycling containers, and the like shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. · Color: Large walls shall be of light to medium values - white, bright hues, and decorative painting are discouraged. Moderate changes in value and color used to decrease apparent scale and mass are acceptable. Brighter colors shall be used in limited areas. Consideration should be given to colors used in the earlier part of this century; such as the Williamsburg Colors by Sherwin Williams. 3.4 Building Design Guidelines! Commercial ------. . ~ -. .'....... ~ ~~~. ~ 1:1.,7' .'~ -_~~.i1~-~ In addition to the general architectural design guidelines, the following items apply to commercial projects in order to ensure consistency of relationship of buildings to roads and parking areas. · Windows: Retail storefronts shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. · Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportionally scaled signage. Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. Eagle River Design Guidelines March J 998 19 .. 3.5 Building Design Guidelines! Offices ~ '-~ , c._I" , (!::':; -=-- ~ In addition to the general architectural design guidelines, the following items apply to office buildings. - Windows: All openings shall appear as individual 'punched' windows, or groups of openings, in lieu of ribbon windows or storefronts, except at main building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. -Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportionally scaled signage, Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. 3,6 Building Design Guidelines! Flex Space ------.- --.-- -- --..----- --.....--.~ .... --. Eagle River Design Guidelines March 1998 20 ~ In addition to the general architectural design guidelines, the following items apply to flex space projects. · Roofs: On high bay buildings, the use of sloping roofs around the perimeter, within or exceeding the depth of the structural and mechanical systems, are encouraged as a means of visually reducing the scale when appropriate. · Windows: All openings shall appear as individual 'punched' windows, or groups of openings, in lieu of ribbon windows or storefronts, except at main building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. · Equipment, Service and Loading Concealment: Truck parking, large doors, and loading/unloading areas shall be located within walled courts, wings of the building, or a combination of both to substantially conceal the activity. · Relationship to parking: Entries to office or reception areas for individual uses shall be on the front or approach side of the building and shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportionally scaled signage. 3.7 Building Design Guidelines/Senior HousinglMultifamily Residential In addition to the general architectural design guidelines, the following items apply to multifamily projects. · Garages and Carports: Enclosed garages attached to or separated from the building shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be given to the location of garages and carports to diminish the visual appearance of the doors. Garage doors shall be kept to minimum sizes and shall not be over- styled with arches, windows and decorative panels. Carports shall be scaled to not appear as being insubstantial or temporary. · Roofs and Roofing: Sloping roofs such as gables and hips are required. Flat roofs for mechanical equipment shall be concealed by sloping roofs or portions of the building. Dormers for windows, louvers and vents are Eagle River Design Guidelines March 1998 21 encouraged on large expanses of roof, and parapets, cornices and other detailing is desirable. · Windows: All openings shall appear as individual 'punched' windows, or groups of openings. Horizontal as well as vertical mullions are encouraged to reinforce residential scale, true divided lights are desired. · Architectural Elements: Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices, detailed chimney tops, short fences, gates, and appropriately designed entries are encouraged. · Parking, Open Space and Trail Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be pedestrian and bicycle access to the path and street system. 3.8 Building Design Guidelines! Residential In addition to the general architectural design guidelines, the following items apply to duplex and single family residential projects. · Mass and Proportion: Houses shall be of a scale and proportion that relates well to adjacent houses without dominating, overwhelming or appearing insubstantial in relationship. · Character and Style: Houses shall be visually consistent with adjacent houses and reflect residential use without intentionally copying materials, details and colors except where it may be an advantage to do so, such as fences, exterior lighting, paving materials and elements that help define an integrated community. Facades shall not be over-styled with inappropriate decorative elements lacking respect for traditional precedent. · Garages: Enclosed garages attached to or separated from the house shall be of the same architectural character and materials, and painted with compatible colors: Consideration should be given to setting garages back from the front of the house to diminish the visual appearance of the doors. Garage doors shall be kept to minimum sizes and shall not be over-styled with arches, windows and decorative panels. Carports are discouraged. · Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windows, louvers and vents are encouraged on larger roofs, and parapets, cornices and other detailing is desirable. Materials for sloping roofs should be appropriate to the scale of the building and can be Eagle River Design Guidelines March 1998 22 ..~ t,a.~< U-!o"a.;" ,,0$'1>" 0..,7 '~,. "'....,&, ~ >;C" ~ :.;,. '. I' '" tJ '" ... C;, ~'J i: .':: t~ .'" t~ ti:=- ... ..1'"" '", \"'b:-..." <l">t.f"~';t'}:' asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, and flat concrete tiles. · Windows: Individual and groups of windows shall be in proportion with the house facade and individual-glazing panes shall not be over-sized. Horizontal as well as vertical mullions are encouraged to reinforce residential scale, true divided lights are desired. Shading shall be achieved with approved awnings, canopies, overhangs and other architectural elements; substantially tinted or colored glazing and interior shading films are not allowed. Trim, dormers, shutters and appropriate detailing are desirable. Fully arched windows are discouraged except when historically compatible with the architectural style. Multiple-arched, over-sized round, sloping head and other 'trendy' window styles are inappropriate. · Materials: Buildings are encouraged to be constructed of high quality, substantial, well-wearing materials: Brick, stucco, wood or composition sidings - horizontal or vertical boards, boards or plywood with battens, shingles, or EIFS (exterior insulation and finish systems) with proper detailing. Local stone is encouraged and shall be used as walls, wainscots, chimneys, columns or plinths but not as decorative panels. Materials that are imitations of other materials are discouraged; such as concrete formed to appear as stone. Appropriate combinations of materials to modify scale and add visual interest should be considered. · Architectural Elements: Attention to detail is encouraged and shall be proportional to the facade with the caution that non-traditional elements used for only decorative purposes are discouraged. Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices, detailed chimney tops, and appropriately designed entries are encouraged. Fences shall be designed to enhance visibility and shall not be tall, solid barriers that negate the feeling of neighborhood. Fences shall not dominate comer lots or long side yards. · Parking, Open Space and Trail Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be pedestrian and bicycle access to the path and street system. · Entry Walks and Drives: Driveway widths shall be kept to a minimum at the curb line and widen as necessary within the property. Walks shall be appropriately scaled. Pavers or patterned concrete is encouraged for walks and drives. Eagle River Design Guidelines March 1998 23 · Equipment Concealment: Mechanical and electrical equipment shall be located as much as possible away from front yards and screened from view. Refuse and recycling containers shall be stored out of public view inside garages or behind fences - enclosures designed strictly for concealment purposes are discouraged. · Color: Walls shall be of light to medium values - decorative painting is discouraged. Moderate changes in value and color are acceptable. Brighter colors shall be used in limited areas. Consideration should be given to colors used in the earlier part of this century; such as the Williamsburg Colors by Sherwin Williams. Eagle River Design Guidelines March 1998 24 EXHIBIT E CONCEPTUAL VEHICULAR AND PEDESTRIAN TRAFFIC AND OPEN SPACE PLAN DEVELOPMENT AGREEMENT - 18 S :\CLIENTS\3906\3\Devag.clll. wpd I,"'" I 1 ,n [> i ~ Ii 111111 II I ! i ! I I I I ~;tg: ~,..,;~,"':Ihl~ltl~~ ~;:(r\ '\ ,'; ",,' ,; \. i:AO .':r r ... ..-..'j;-..-, v," , , ~Vt..~.'~~.:.."'" ",~.n ~~ ~4oi! \~.::~~.~/~..,\ .x........ :: r....o' ...."'ra...c ~ \ .....,.. ..,..,.,, \. 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(~.... ~.~ . . ~ I . \. i' \- ill, I. : ~ ,', ,\ !l o UOrrl rrlO< iOZrrl )>fTlOi Z(J)rrlO O-lUU (J)AJ-l~rrl O)>CrrlX )>Z)>ZI U i-lrn rrlU<)>-l u~rrlG)rrl iIIAJ )> Orrl Z)>Crrl Zi~ O)>rrl AJZ -l ~ r r'1 ;0 < ITI ;0 ; !f ~~ il~ II I)- 1I it i \.' .. ..' ~~~~ o N <1l o <1l o o ~ .~ o o o EXHIBIT F EAGLE CITY CODE LAND USE TABLE DEVELOPMENT AGREEMENT - 19 S:\CLIENTS\3906\3\Devag.c111. wpd JAN-18-Cl0 14:30 FROM., 'Y OF EAGLE ID:~ +939+8827 PAGE 2, ORDDiANCE#~ 3~7 AN ORDlNAKCE A.I\,IEl'f"DlNG EAGLE CITY CODE TITLE 8 "ZO?\lNG", CHAPTER 2 ::ZO~l1."'iG DlSTRlCTS .~'{O MAPS~, SECTION 1, "DISTRICTS ESTABLISHED, PDl<POSES Al~"D RESTRICTIONS" -~"\j"D SECTION 3 ~'SCHEDCLE OF DISTRICT USE REGULATIO:.'[S"'; AI'-l"D PROVIDING Al~ BFfEcrrvE DATE. \1t'hereas the City of Eagle hereby amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and ),traps", Section 1 "Districts Established, Purposes :md Restrictions" [0 cbange the definition ofIhe MU ")'-fi.xed T.;se'~ zoning designation; \\'hereas the City of Eagle amends Eagle City coded to allow the consideration of use ofa Development Agreement in lieu ofa conditional use permit ~d./or PUD upon rezoning to NIU; \\'herws me City of Eagle amends EagIe City Code Title 8 "Zoning", Chaptcr 2 "Zoning Districts and Maps", Section 3 <<Schedule of District Use Regy.lations" to - mcl.ude new pennined and conditional 'tlSeS in [he .Y!U ''1vlixed l;se"" zoning designation as described in Section 3 below and as specifically sho\\"Jl on the anached E..'l:hibit "A"; \" "hereas the City of Eagle finds that the uses as described in Section 3 below and as specifically sho",-']1 on the attached Exhibit "An are in accordance ""'ith the general purposes of the Eagle Comprehensive p]an~ Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically sho~n on the attached Exhibit "A" are in accordance with the general purposes of the Eagle City Code; and \ \ \\-'hereas the City of Eagle :tliias that the uses as descn'bed in Section 3 below and as specifically shovm on the attached Exhibit "A" are in accordance with the Specific purpose of the :f\.fU "}"iixed Use" zoning designation 2.S outlined within Ea2le City Code Section 8-2-L ~ NO\\', THEREFORE" BE IT ORD_~D, by the MJ.YOT and Cit"lj Council of the City ofEagie, Idaho as [oUows: SectiOTl 1: Tnat Eagle City Code Section S-2-1~ "Districts Established, Purposes and Restrictions" be, and the same hereby is, amended \vith the. strike-thru text being delet~d and the Q.r:lderlined text being added LO read as fc>l1O\ys: P::.g>:] of3 :c:.:.'j'!:\Dmn~ ..c.~(\E.J.~!e..... ~J;(""'..ciCL"':.f'.;:::O..:...' I 'i"J-)...:;OA.;..~ ':'r~ .:.:c JAN-18-00 14:30 FROM.( Y OF EAGLE 10:2 +939+6827 PAGE 3, ?YILT NrrXED USE DISTRlCT: To provide for a v3liet'j and mixture of uses such as limited office, limited commercial, and residenri~-=Ye!opn::.:::s, :s ::1 .:;:prC91'i.:.~: t:':.r:si::.o~ bct?\c:n .;:;xis:m; or propoS-::G .2:ea::icr :::O:J:~:::-::::~! .::r :ndq:rinl :::r:::~ ;:"1]d e~';-"~~ cr ~l::::mcc ~~~'l... -c-:~~~t:~l "-c,; This Dl'stn"ct is int'enu'e..; to en"'UTe 4..>,J\oo ~ .. ~ _'w" """.:.. .............-.....- -... ~ oJ cornpatibiiity of new development with existing and future rcs:':3:1t~ development. It is also intended to ensure assemblage of properties in a unified plan "iNith coordinated and hannonious development which shall promote outstanding design \vithourUllSightly and unsafe strip co~ercial develop~ent. ~s~ :.':c.t ~~:::1Jl::3 7.'i~~ $h~Uld cofn~ci1t the llses allowed \Vltbm the CBD Zonmg DlStnct s~:: be -=::.:e:::::'';:e. All deveopmem requiring a conditional use permit in the lVfU Zoning District) as shown .in Section 8-2-3 oftbis Chapter~ shall occur under the PUD and/or develoDmen.t ao-:-<eement process in accordance with Chapter 6 or 10 of this Title unless the proposed development does not meet the area Tequirements as set forth in Section 8-6-5-1 afmis Title. In that case a cooperar:ive development, in conjunction with adjacent parcels (to meet the minimum area requirements), shal] be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is sho'WTI as a permitted use in the LYfU Zoning District v..ithin Section 8~2-3 ofrhis Chapter. Residential densities shall not exceed-nvemy (20) dwelling units per- gross acre. \Vnen a property is being pro~sed for rezone to the MU Zonmg District a development agreement may be. utilized in lieu of the PUD and/or conditional use process if approved by the City Council provided the development agreement includes conditions of development that are required during the PuT> a..'1d ccndi tional use process. Section 2: That Eagle City Code Section 8-2-3 (C), "Schedule of District Use Regulations" be, and the same hereby is, amended with me strike-thru text being deleted and the underlined text being added to :read as follows; If"P" appears, the use is an allowed use; if "en appears. the use is only al10wed upon the issuance of a conditional use permit andJ'or a develoDmen! azreement UDan rezone to an NIT] zonin~ designation: ifno letter appears the use is prohibited. Section 3: That Eagle City Code Section 8-2-3, "Schedule of Distnct Use Regulations" be, and the same hereby is, amended for the '''?vIU'' zoning designation to include t.1e list of pennitted. conditional and prohibited uses with the strike-rhru text being deleted and the underlined text being added as specifically shown on the attached. Exhibit ".A; Section 4: The provi::,'ions or this ordinance are hereby declared to be severable and if any provision or this act Or the application of such provision to allY person or circumstance is declared invalid for ::'.,'1.y reasvn, such declaration shall r.ot aff:~C:i: the validity Df remai:ning portions ort..t1Is ordinance, PJi!C :2 of 3 ~:::'?I::Il'UlU:;=: ~:~";..:- ..a.:;il~t':':"'.;'ZOJ\\!ffl'~<~.:~'~' c:ddiX JAN-IB-00 14.31 FROM.CI OF EAGLE [D.2E 838+6827 PAGE "1/ Section 5: That this Ordinance, or a summar; t.iJ.e:eof in compl:ia.'1ce ",,'ith Sec~ion 50-901A. Idaho Cod~, shall be ptJ.blish~d once in the official newspaper of me City, and shall take effect immediately upon its passage, approval, and publication. Approved and adopted this 2Sr.!l day ofJanuary> 2000. :vfayor Rick y,,~glJirre ATTEST: Sharon }"'1oore, Eagle City Clerk Kc'':1'''''''n~ ~';':'~:i;: ~~W~:~~~.~ :8":".).4.3-'".> z":' 0:< JAN-18-00 14.31 FROM.C' OF EAGLE ("; >C ~ ::.- --", =-<' ;:'t:: ::: ;;::: ~. G r. > ~ r ;;;;: -...: ~ :2 $: ~ ~-=- ~=. $: ;:: 0 c > ~ -= O....c~-ooIloo(9'":::---! ~ Q; = ~ 0- ::- == c:- =- c- ~ .-. :.:I :>> "l I 0' == "';". ~ ::: -5 ::; = ::.: <S 8 a. =- S1 ~ I c: ~ a <': ~ C": == (tJ 0 :;; 5' = z = ~~~ =-=-;;;""-< ~2 =.-tr'J 3-3 .~ ~. =:. = g g ~ :: (') = ::: 9 8 - 5= ..._-~o~ <:~.o~~' ~ ~.~ ~ ~ ~ . ~,:.:::... __ t="- C \"'3 'if' ~ ~ a 2 ="~. g ~. 2 ~ ==a!:::.!:.?;-~C-:=-n~($'- ~'~.g ~ '::-2 c~ c ~ -=~ i==~= _ i-# a: ~ ~ ~ :. ~ :.. E,. .~. c ~ -;I ()(; '"0 ~:! 0. '"0 ~~. 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I > ? -"" , N Addendum to Development Agreement The undersigned parties have entered into that certain Development Agreement dated January 25, 2000, a memorandum of which is recorded as Ada County Instrument No. /000//6 9d2- . Attached to this Addendum is a full size copy of Exhibit A of the Development Agreement ("Concept Plan"). The parties are executing this Addendum to confIrm that the Concept Plan attached hereto and initialed by the Parties is a true and correct copy of Exhibit A attached to the Development Agreement. January 25,2000 ATTEST: BYJ..1,r....y. -~ ~ Sharon K. Moore . _d"1Iit.ll.....!~~ CIty Clerk 1'+'f.\'JiV 0 II ii:j/;....,.,.,.. ..... p..,i '<I' ". ~...' "'. "" ...", eO'1'it__ "...J';', ';. f!f'~."I'f'l'- --...,.",'<' li ~~ tJc}J' "1l>\Il"~ '~, I: I' ~v oa4... '~, ;;. :t ",0 <'4>"" ~ ~ ~ ~ ~ It:o 1'" t ~.~ f..\' v'J \~~~~f~~~:j 4(~:Sf".kt;~~';;';'" CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of ho EAGLE RIVER, L.L.c. By: ~~ Charles Carlise Authorized Signatory