Minutes - 2012 - City Council - 06/26/2012 - Regular EAGLE CITY COUNCIL
Minutes
June 26, 2012
PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m.
1. Ada County Sheriff's Office Monthly Report: Chief Borgquist distributes the Monthly Report
and discusses the same. General discussion. Discussion on Eagle Fun Days Events. Discussion
on the new Texting Law.
2. Historic Preservation Commission Report: Frank Thomason, Chairman. No Report
3. Mayor and Council Reports and Concerns:
Mayor: Reports on the MYAC. They are doing some recruiting for next year.
Defayette: Discussion on the Leash Laws. Discussion on the Greenbelt behind Two Rivers
Salon.
Butler: Reports on the Chambers review of Eagle Fun Days. Discussion ACHD's traffic study
for the foothills with the loss of the Three Rivers Crossing Plan.
Defayette: After our meeting with ACHD, Bruce Wong met with me the next day and walked it.
I thought it was awesome that they took my concerns so seriously. They have actually agreed to
make some improvements with their funds but it probably won't be September/October. They
are going to widen some the shoulder area on the north side of Hill Road leading from Edgewood
down the hill to Guerber Park. I went to the Fred Meyers opening and it is an awesome store.
4. City Clerk/Treasurer Report: Discussion on dates for Budget Meetings. Budget meetings will
be on July 2'rd, 16th, 23rd and 30th. Also on light regular Council Agendas Budget Discussion will
be added.
5. Public Works Director Report: All of the parking lots are finished. We are getting ready to
do repairs on the pathways by the river. Heritage Park has been painted including the rails. They
are starting on the painting at Merrill Park today. The trees to replace the dead ones at City Hall
have been ordered so you should see those replaced in the week or so. The Crew went out last
week and worked on the tree grates downtown. We leveled and grinder them off so they look a
lot better. Vandalism has been low in the Parks. We did have a little vandalism this week-end at
the men's restroom in Merrill Park. They tore the door and jam off the wall. Friendship Park
improvements have also been completed.
General discussion on the parking lot stripping at Heritage Park and the possibility of getting
more parking places.
Discussion on surveillance cameras at Heritage Park and the other parks.
Discussion on meetings in August. August 21'is the Public Hearing on the Budget.
6. Zoning Administrator's Report: Status update on item that was remanded back to staff on the
mobile park at the East End of Town. We are having a meeting with Mr. Hoffer tomorrow at the
City Attorney's office.
7. City Attorney Report: Discussion on copyrights and how it affects Cities. Discussion on
upgrading the website and social media,there could be copyright issues in these mediums. We
have done a whitepaper on sign code issues.
Defayette: I will not be at the September 11,2012 Council meeting.
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INVOCATION:
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m.
2. ROLL CALL: SEMANKO, GRASSER,DEFAYETTE,BUTLER. Semanko is absent. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Mayor: Is anyone here to report on the Eagle Concert Series.
General Council discussion.
5. CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
• Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of May 22,2012.
C. Re-Appointment of Robert Grubb to the Design Review Board: Mayor
Reynolds is requesting Council confirmation of the re-appointment of Robert
Grubb to the Design Review Board. Mr. Grubb will be serving a three(3)year
term. (JDR)
D. Acceptance of Artist Proposal for Smoky Mountain Pizzeria Mural: The
Eagle Arts Commission is requesting Council confirmation of their selection of
Brenda Kaye as the artist who will install the mural of the new Smoky Mountain
Pizzeria Grill building. (LB)
E. DR-21-12 - Building Addition to the Wild West Restaurant-Naomi Preston:
Naomi Preston,represented by Brett Labrie with BGL Architecture, is requesting
design review approval to construct a 110-square foot building addition to the
Wild West restaurant for an outdoor cooking area. The 0.12-acre site is located
on the south side of East State Street approximately 150-feet east of Eagle Road
at 83 East State Street. (WEV) This item was continued from the June 12, 2012
meeting
F. Findings of Fact and Conclusions of Law for A-01-12 & RZ-01-12 —
Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation) to A-R-DA (Agricultural-Residential with a
Development Agreement) - Summer Lawns: Summer Lawns, represented by
Shawn Nickel with SLN Planning, is requesting approval of an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to A-R-
DA (Agricultural-Residential up to one (1) unit per five (5) acres with a
development agreement). The five (5) acre site is located on the west side of
North Horseshoe Bend Road approximately 475-feet south of the intersection of
North Horseshoe Bend Road and East Floating Feather Road at 11075 North
Horseshoe Bend Road. (WEV)
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G. Minutes of June 12, 2012.
Grasser removes Items#5D and E from the Consent Agenda.
Butler moves to approve the Amended Consent Agenda excluding Items#5D and E.
Seconded by Defayette. Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES:
MOTION CARRIES
D. Acceptance of Artist Proposal for Smoky Mountain Pizzeria Mural: The Eagle Arts
Commission is requesting Council confirmation of their selection of Brenda Kaye as the artist
who will install the mural of the new Smoky Mountain Pizzeria Grill building. (LB)
Grasser: Is there anyone here who can address some questions about the Mural. How long is it
going to last,who is responsible for the maintenance. General discussion.
Grasser moves to approve Consent Agenda Item#5D. Seconded by Defayette. ALL AYES:
MOTION CARRIES
E. DR-21-12 - Building Addition to the Wild West Restaurant - Naomi Preston: Naomi
Preston, represented by Brett Labrie with BGL Architecture, is requesting design review
approval to construct a 110-square foot building addition to the Wild West restaurant for an
outdoor cooking area. The 0.12-acre site is located on the south side of East State Street
approximately 150-feet east of Eagle Road at 83 East State Street. (WEV) This item was
continued from the June 12, 2012 meeting
Grasser: I would like to ask Naomi to give us an overview of her building addition.
Naomi Preston provides Council an overview of her building addition. This is to help bring my
business back. This would be a permanent shelter and we do a screen for our trash enclosure.
General discussion.
Grasser moves to approve Item #5E DR-21-12 - Building Addition to the Wild West
Restaurant. Seconded by Butler.ALL AYES: MOTION CARRIES
6. PROCLAMATIONS &RESOLUTIONS: NONE
7. UNFINISHED BUSINESS:
A. Update on FEMA Grant from Rob Flaner and Tom Padilla
Mayor introduces the issue.
Rob Flaner, I'm an Eagle Citizen and I'm also here representing the Eagle Fire District,I'm here
to discuss the FEMA Grant. The benefit of this project is Wildfire Mitigation and is located at
Eagle Sports Complex. This is the first of its kind in the nation. This area has been mapped and
identified as a severe wildfire interface area by BLM. We have had some wildfires up there.
Provides Council an overview of the FEMA Grant. This is called the Pre-Disaster Mitigation
Program and was established in 2003. Funding was cut but there is going to be funding in 2013.
We can roll this Grant over for 2013 and the City needs to approve this. The Local share is 25%.
West Valley Little League and Eagle Fire District are stakeholders in this Grant.
Tom Padilla,I am an Eagle Citizen and I'm representing West Valley Little League, currently
West Valley Little League uses 20 fields throughout the City of Eagle. We have averaged over
600 registered players over the last five years. We don't have enough fields and the fields are
spread out. Boise and Meridian have central fields and they are able to hold tournaments. When
I found out that the Eagle Sports Complex had previously been slated for baseball fields and
soccer fields I thought it was a great fit. I contacted a few people I know locally who do land
design and asked them to put together a conceptually design and costs. I believe that was present
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to Council last year or this year as far as far as the cost and design. The perfect scenario for a top
notch facility came in at$3.4M . This would be a facility with 12 fields. Displays an overhead
of the concept plan for the baseball fields at the Eagle Sports Complex and discusses the same.
We have the money to maintain the fields that we use. Lacrosse teams in Eagle are also looking
for playing fields. West Valley Little League could contribute $100,000 we have a couple
Foundation that would contribute $50,000.00 and then with the FEMA Grant and what the City
could contribute. General discussion.
Marshall Henry, I have been with West Valley for 17 years coaching. West Valley benefits the
entire community. 5 fields will not work. The League is growing. We are talking about children
here and the teaching opportunity for children. I would propose that the City look outside the
box. I know that funding is tight but that is an old argument. The Government is not going to
wait,the Government likes this plan and it is not going to last. General discussion.
Further discussion.
Grasser moves to support and give the West Valley Little League and Mr. Flaner the
opportunity to go ahead and write this Grant and for us to be a supporting stakeholder in
this venture and hopefully they get funding when they submit the Grant. Discussion.
Butler: would you amend the motion to include that there may be some design changes
proposed and the understanding that costs for maintenance and ultimate build out is a
serious issue for the City which will be addressed in the future? Discussion. Rob Flaner: I
think it would be reasonable if you make a motion that says: "We are committed going
forward with the Grant in concept with irrigated space to be used as baseball fields and the
number of fields to be determined based upon a feasible design.". Grasser amends his
motion to add the comments by Rob Flaner. Seconded by Butler. Grasser: AYE;
Defayette: NAY; Butler: AYE: TWO AYE: ONE NAY(DEFAYETTE): MOTION
CARRIES
Further discussion.
Mayor calls a recess at 8:15 p.m.
Mayor reconvenes at 8:25 p.m.
8. PUBLIC HEARINGS:
A. RZ-13-05 MOD 3—Development Agreement Modification—Cloud Berry,LLC: Cloud
Berry, LLC, represented by Justin Martin, is requesting a modification to the development
agreement(Instrument#106161990)associated with the R-2-DA-P(Residential-up to two units
per acre with a development agreement-Planned Unit Development)zoning classification for
the Legacy Development. The 623.9-acre site is generally located approximately 1,850-feet north
of State Highway 44 between Linder Road and State Highway 16. This item was continued from
the June 12, 2012 meeting. (WEV)
Mayor introduces the issue.
Mayor: Has anyone had any exparte contact or conflict of interest? No Council Member has
exparte contact or a conflict of interest.
Justin Martin, representing the applicant,we went over all of the items except for the expansion
parcel. Provides Council an overview of the changes in the Development Agreement. General
discussion.
Planner Williams: I provided you some new documentation tonight. Discusses the Affidavit,
the sewer discussion and the open spaces.
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Butler moves to approve RZ-13-05 MOD 3—Development Agreement Modification with
the following changes: Page 2,the 4th Whereas be moved on that page to be the 3rd Whereas
on that page and prior to the word licenses on that Whereas add the two words "academy
facilities"; on Item 3.4.1.2 modify the 1st sentence as follows: residential development on
the applicants property shall not exceed a total of 375 acres with a mix of housing types
which may include patio homes,custom homes,and estate homes as generally shown on
the attached concept plan on lots ranging from 3,800 sq.ft. minimum to 12,000+sq.ft. not to
exceed a total of 1,094 units. The rest of the sentence should be deleted and the table is
deleted; I would recommend that 3.4.1.3 be deleted in its entirety except for the last
sentence which says: "nothing herein shall be construed to increase the permitted density
on the original property or expansion parcel#1; add a new condition 3.6: work with the
Eagle Sewer District to pursue easements for sewer connections with the property to the
North. The easements to be determined by the Eagle Sewer District and the current
Legacy property owner. Seconded by Defayette. Discussion. Butler adds to the Motion:
3.4.1.3 includes a sentence that says "No townhouses are included on this property. Second
concurs. Discussion. Butler amends the Motion: Allowing the townhouses to be
transferred to the expansion parcel. Second concurs. ALL AYES: MOTION
CARRIES
B. Ordinance 671: An Ordinance Of The City Of Eagle,Ada County Idaho Amending Eagle
City Code Title 8 "Zoning", Chapter 4 "Off Street Parking And Loading", Section 5, "Parking
Requirements"; Providing A Severability Clause;And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Zoning Administrator provides Council an overview of Ordinance 671.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General discussion.
Motion moves to remove his motion. Second concurs.
Butler moves,pursuant to Idaho Code, Section 50-902,that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with,and that
Ordinance#671 be considered after being read once by title only. Butler reads Ordinance
#671 by title only. Seconded by Defayette. TWO AYES: GRASSER NAY: MOTION
CARRIES
Butler moves that Ordinance#671 be adopted. Seconded by Defayette. Grasser: NAY;
Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES
9. NEW BUSINESS:
A. WA-01-12 -Waiver of Application Fees—Summer Lawns: Summer Lawns,represented
by Shawn Nickel with SLN Planning, is requesting a waiver of the application fees associated
with the annexation/rezone application#A-01-12/RZ-01-12, in the amount of$2,250.00. (WEV)
Mayor introduces the issue.
Shawn Nickel: I am before you for a Waiver of Application Fees. The property owners were
harassed by Ada County. Having Summer Lawns is a benefit to the Community and I am asking
that you waive the application fees and we understand that this would not include expenditures
for engineering and attorney's fee which we would pay.
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Grasser moves to approve WA-01-12 -Waiver of Application Fees—Summer Lawns.
Seconded by Defayette. Grasser: NAY; Defayette: AYE; Butler: AYE: ALL AYES:
MOTION CARRIES
B. EXT-04-12—Preliminary Plat Extension of Time for Countryland Subdivision—Trilogy
Development: Trilogy Development represented by Scott Noriyuki, is requesting a one(1)year
extension of time for the preliminary plat approval for Countryland Subdivision, a 17-lots (12-
buildable and 5-common)residential subdivision. The 6.6-acre site is generally located '/4-mile
west of Ballantyne Road and '/4-mile north of State Highway 44 at 2556 W. State Street. (WEV)
Mayor introduces the issue.
Scott Noriyuki, 3106 Ridgeway Drive, Boise: Thanks for hearing me again. I don't think I really
don't know that I have anything to add. We are looking to reinstate the entitlements as they are.
I submitted a development schedule along with my request. We are going to post a Letter of
Credit with ACHD as well as the City of Eagle so we can immediately start the final plat process.
Our goal is to record the plat and pave the road about the same time so we permit ready lots by
the end of the year. We are fine with condition that we will maintain the weeds. I can commit to
get the first mowing down in two weeks.
General discussion.
Planner Williams: If the Council approves this I would recommend to the Council that they add
a condition: "The applicant shall be required to keep weeds over 6" in height continuous cut
down, weed out, sprayed or destroyed." General discussion.
Butler moves to approve EXT-04-12—Preliminary Plat Extension of Time for Countryland
Subdivision with the condition that they take care of the weeds and that the approval date
goes to January 8,2013 and that no Public Hearing is required. Seconded by Grasser.
ALL AYES: MOTION CARRIES
C. Approve Eagle Foothills Water Service Boundary Map. (MJE)
Mayor introduces the issue.
Public Works Director: We are asking you to approve a new Water Service Boundary Map. M3
is in the City and we will be serving them some day. Displays an overhead of the site and
discusses the same. We are asking you to adopt this map and we update our Master Plan over the
next several years. General discussion.
Grasser moves to approve Eagle Foothills Water Service Boundary Map. Seconded by
Defayette. ALL AYES: MOTION CARRIES
10. EXECUTIVE SESSION:
A. I.C. 67-2345 (c)—Acquisition of Private Property
Idaho Code § 67-2345. Executive sessions--When authorized. (1)An executive session at which
members of the public are excluded may be held, but only for the purposes and only in the
manner set forth in this section. The motion to go into executive session shall identify the
specific subsections of this section that authorize the executive session. There shall be a roll call
vote on the motion and the vote shall be recorded in the minutes. An executive session shall be
authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held:
c) To conduct deliberations concerning labor negotiations or to acquire an interest in real
property which is not owned by a public agency;
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Mayor introduces the issue.
Butler moves to go into Executive Session in accordance with I.C. §67-2345 (c)—To
conduct deliberations concerning labor negotiations or to acquire an interest in real
property which is not owned by a public agency. Seconded by Defayette. Grasser: AYE;
Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES ..
Council goes into Executive Session at 9:40 p.m.
Council discusses acquisition of Private Property
Council leaves Executive Session at 10:00 p.m.
12. ADJOURNMENT:
Grasser moves to adjourn. Seconded by Butler. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Counc il�fffjourned at 10:00 p.m.
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
Mayor Reynolds and City Council Members
Michael Williams, PCED, CFM, Planner II
RZ-13-05 MOD 3 — Modification to Development Agreement (Instrument
#106161990) — Cloud Berry, LLC, represented by Justin Martin
June 22, 2012
Development Agreement Modification star version
Development Agreement Modification applicant version, date stamped by the
City on June 14, 2012
Justin Martin, 1881 W. Marcon Lane, Suite 201, Meridian, ID 83642
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Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, made and entered into on the date as
indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), by and through its Mayor, and Cloud Berry, LLC, ("Applicant").
WHEREAS, the Applicant is the owner of the following parcels: (i) the portion of the
Preliminary Plat that has not been final platted; (ii) the Undeveloped Academy Parcel; and (iii)
the majority of the balance of the real property subject of the Development Agreement.. The
combined acres of these parcels consist of approximately 448.25 acres. The Applicant's
properties are collectively referred to hereinafter as the "Applicant's Property" and are legally
described on Exhibit A, and depicted on Exhibit B (the "Revised Concept Plan") attached
hereto; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned R -2 -DA -P (Residential — two (2) units per acre with a
development agreement — PUD); and
WHEREAS, a Development Agreement was executed by the then Mayor of Eagle on
October 10, 2006 and recorded October 12, 2006, as Instrument No. 106161990, records Ada
County, Idaho, and subsequently modified by a Development Agreement Modification executed
by the then Mayor of Eagle on January 14, 2009 and recorded as Instrument No. 109008326,
records Ada County, Idaho, which Development Agreement and Development Agreement
Modification are hereinafter referred to as the "Development Agreement"; and
WHEREAS, a portion of the property subject of the Development Agreement obtained
preliminary plat approval in accordance with the Mosca Seca Subdivision Preliminary Plat (the
"Preliminary Plat") approved by Eagle on or about August 22, 2006; and
WHEREAS, a portion of the Preliminary Plat property was subsequently platted in two
phases: the first platted as Mosca Seca Subdivision No. 1, Instrument 108028316, records Ada
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County, Idaho; and the second as Mosca Seca Subdivision No. 2., Instrument No. 108096411,
records Ada County, Idaho (hereinafter the "Platted Portion"); and
WHEREAS, the original property subject of the Development Agreement consisted of
approximately 624 acres (the "Original Property") permitted up to 1,373 dwelling units. To
date 241 residential building lots have been platted in the Platted Portion; and
WHEREAS, Eagle Sport Legends Development, LLC, one of the original applicants in
the Development Agreement, originally intended to develop a portion of non-residential property
with recreational and social facilities ("Academy Facilities"), including the Nicholas Academy
of Golf, Spitz Academy of Swimming, Hamm/Foundy/Chastain Academy of Soccer, Collier
Academy of Tennis, and a Signature Academy of Fitness, and to utilize the Academy Facilities
for a curriculum of instructional and training programs, pursuant to proprietary licenses (the
"Licenses") granted to Eagle Sport Legends Development, LLC; and
WHEREAS, Lot 2, Block 5, Mosca Seca Subdivision No. 1 has been developed as a
three -hole practice golf course; a portion of Lot 2, Block 6, Mosca Seca Subdivision No. 1 has
been developed for the use of soccer fields, tennis courts and parking and the remaining portion
of Lot 2, Block 6 remains undeveloped (the "Undeveloped Academy Parcel"); and
WHEREAS, the Licenses were terminated by the Licensor on or about April 1, 2010; and
WHEREAS, a parcel of approximately 32 acres that was owned by Eagle Creek
Properties, LLC — one of the two original applicants of the original Development Agreement —
has been developed as the North Start Charter School leaving a remainder parcel of 17.01 acres
shown as Parcel 2 on that certain Record of Survey 8520 attached hereto as Exhibit C, which
parcel is currently owned by Haynes Investments L.C. (the "Haynes Parcel"); and
WHEREAS, the Haynes Investment Parcel is not impacted by this Second Modification
and it remains subject to the Development Agreement and part of the planned unit development
(the "PUD") for the Original Property. The Haynes Investment Parcel has been granted a
development density of 2.2 units per acre, and shall continue to be subject to the Development
Agreement. The Haines Investment Parcel when developed shall be connected both internally
to existing or future platted portions of the Undeveloped Portion, as well as externally to the
greater Eagle community. Stub streets shall be identified and noted in deeds and signage as a
street, as required by the Ada County Highway District (the "ACHD") and Eagle.
WHEREAS, an approximately 78.13 acre parcel became subject to the Development
Agreement pursuant to the Development Agreement Addendum, Instrument No. 109129733,
records Ada County, Idaho, which parcel is more particularly described on Exhibit D
("Expansion Parcel No. 1") attached hereto. Expansion Parcel No. 1 and the remaining
Expansion Parcels remain subject to all terms and conditions of the Development Agreement. In
particular, Section 3.4.2 of the Development Agreement continues in full force and effect as it
pertains to the Expansion Parcels. The Haynes Parcel and the Expansion Parcel No. 1 are
collectively referred to as the "Non -Applicant Parcels"; and
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WHEREAS, the market for residential development throughout the United States,
including Eagle, Idaho, has significantly changed since the onset of the nationwide recession; and
WHEREAS, the Applicant and Eagle desire to provide for the continuing construction of
homes on the finished lots in the Platted Portion and future development of the Undeveloped
Portion, consistent with the Development Agreement, but recognize that in order to do so further
modifications to the Development Agreement are in order; and
WHEREAS, the intent of this Second Modification is to protect the rights of the
Applicant and the owners of the Non -Applicant Parcels and the Platted Property, while at the
same time limiting any adverse impacts on neighboring properties and insuring that the
Applicant's Property is developed in a manner consistent with the Development Agreement as
modified by this Second Amendment; and
WHEREAS, all provisions of the Development Agreement and the subsequent
Development Agreement Modification, are and shall remain in full force and effect other than as
modified hereunder;
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained in the
Development Agreement recorded under Instrument No. 106161990, records of Ada County,
Idaho, and subsequently modified by a Development Agreement Modification recorded as
Instrument No. 109008326, records of Ada County, Idaho, this modification is agreed to as
follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.1 Concept Plan Amendment. The Concept Plan referred to in Section 3.1 of the
Development Agreement shall, with respect to the Applicant's Property, refer to the
Revised Concept Plan attached hereto as Exhibit B. The development of the Applicant's
Property shall be generally consistent with the Revised Concept Plan attached hereto;
provided however it is the intent of this Second Amendment to allow flexibility at the
time preliminary plats are submitted to the City, so long as the general intent of the
Concept Plan and the requirements set forth in the Development Agreement, as amended,
are met.
3.4.1.1 The maximum overall density of the Original Property shall not exceed
1,373 dwelling units. Those 1,373 dwelling units shall consist of the 241 residential
building lots contained within the Platted Portion, a maximum of 38 dwelling units
allocated to the Haynes Parcel, and a maximum of 1,094 dwelling units that may be
developed on the Applicant's Property.
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3.4.1.2 Residential development on the Applicant's Property shall not exceed a
total of 375 acres, nor exceed the acreages for the housing type set forth in the below
table:
Product Type
Townhouse
Patio
Custom
Estate
Total
Approx. Lot Size
3,800-4,999 SF
5,000-7,999 SF
8,000-11,999 SF
12,000+ SF
Approx.
Acreage
0.0
111.3
136.6
127.1
375
3.4.1.3 No further townhouses shall be developed on the Original Property it
being understood that townhouse acreage that otherwise would have been available
for development on the Original Property may be utilized in the future development
of Expansion Parcel No. 1. The total number of townhouses developed on the
Original Property and the Expansion Parcel No. 1 shall not substantially exceed 20%
of the aggregate dwelling units allowed, with the mixture of residential uses on the
Applicant's Property generally conforming to the following categories:
Product Type
Townhouse
Patio
Custom
Estate
Approx. Lot Size
3,800-4,999 SF
5,000-7,999 SF
8,000-11,999 SF
12,000+ SF
% of Units
0%
38%
36%
26%
Approx. Number of
Units
0
420
395
279
Not to exceed 1,094
Nothing herein shall be construed to increase the permitted density on either the
Original Property or Expansion Parcel No. 1.
3.4.3 Commercial Office/Development. Section 3.4.3.1 of the Development Agreement
is modified as follows:
3.4.3.1 Office and commercial use shall be limited to 5% of the
Original Property acreage which shall not exceed a maximum of 31.2 -
acres. Notwithstanding this limitation, pursuant to the Revised
Concept Plan, the Applicant has limited its proposed development of
office and commercial use to 5 acres. The Concept Plan submitted
with the Expansion Parcel No. 1 identifies 12.9 acres of commercial
use. While the Applicant has agreed to reduce its commercial use to
Page 4 of 9
K:1Planning DeptlEagle Applications\Preliminary Development Plans120051Legacy DA MOD 3 da stf ver.doc
five (5) acres on the Original Property, and agreed to consent to
additional commercial acreage which otherwise would have been
available for development for the entire PUD as identified in the
original development agreement, recorded October 12, 2006,
Instrument #106161990, may be utilized in whole or in part, at the
Eagle City Council's sole discretion after notice and public hearing, on
Expansion Parcel No. 1. Nothing herein shall be construed as a waiver
of any requirement for applications regarding design reviews,
preliminary and final plat reviews, conditional use permits (if
applicable) and any other applicable applications required by Eagle
City Code in connection with the Applicant's Property or that of
Expansion Parcel No. 1.
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The
application for any preliminary plat shall contain, in addition to all requirements of
the Eagle City Code, a land use summary that demonstrates that the number of acres
of existing open space, together with the number of acres of open space in the
submitted preliminary plat application maintains the minimum 20% open space
requirement, pursuant to Eagle City Code.
3.4.4.2 INTENTIONALLY DELETED.
3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land
• At least one tot lot for each phase depicted on Exhibit A hereto
• Regional trails connecting through the Property, from east to west and
north to south
• Both Active and Passive Open Space. A minimum of 60% of the Open
Space shall be Active Open Space. Active Open Space shall be defined as
areas that provide gathering area for active recreation (e.g. recreational
spaces, open fields, swimming pools, tot lots and trails). Passive Open
Space shall be defined as neighborhood areas that provide a combination
of linear open space and scenic features (e.g. ponds, berms and view
corridors).
• Up to five acres of school site can be included as Open Space
3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at the
time of the preliminary plat application including such area.
3.4.4.2.2 All Open Space with the exception of that included within school sites
shall be maintained by Legacy Community Association, Inc., any successor
homeowners or neighborhood associations, or any recreational association
established to maintain a particular open space for recreational use, all as more
Page 5 of 9
KVlanning Dept1Eagle Applications%Preliminary Development Plans\20051Legacy DA MOD 3 da stfver.doc
particularly set forth in the Community Charter for Legacy, Instrument No.
108048693, records Ada County, Idaho, and/or the Declaration of Recreational
Covenant, Instrument No. 108048694, and any modifications thereto.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south
and east to west through the Property shall be dedicated to Eagle. The specific
location, easement language, design, and construction plans of the pathway shall
be approved by the Eagle City Council prior to the City Engineer signing the final
plat for the Property.
3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a
minimum 20 -foot wide easement and contain paved pathways of at least 10 -feet in
width, and all micro -pathways designed for primary use by the residences of the
Property shall be located within a minimum 16 -foot wide easement and contain
paved pathways of at least 6 -feet in width, with all paved pathways being
constructed to Eagle's pathway standards.
3.4.4.3 All open space areas are subject to Eagle's design review process and
standards set forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D) Pathway
Design.
3.5 The existing North Star Charter School satisfies the Development Agreement
requirement for a public school site. The placement of portable classroom(s) to be located
at the school site shall be subject to Eagle's design review process and standards set forth
in Eagle City Code Section 8-2A and the location, design, and number of units are
approved by the Applicant herein.
ARTICLE II
INDEMNIFICATION
Applicant, as the owner of the Applicant's Property, shall assume and pay all debts, charges,
claims, damages and liabilities directly attributable to Eagle's approval of this Second
Modification and shall save and hold Eagle harmless therefrom and shall indemnify and defend
and/or provide for defense against same.
ARTICLE III
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 106161990,
records Ada County, Idaho, and subsequently modified development agreement, instrument
number 109008326, records Ada County, Idaho, remains in full force and effect except as
modified in Article I herein.
Grant of Security Interest. Owner hereby grants a lien to secure the payment of any deferred
balance of the attorney fees and the engineering fees, together with interest accrued thereon. In
the event Owner fails to pay such fees, the City may without prior notice, foreclose this
Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho.
Page 6 of 9
K:1Planning DeptlEagle Applications\Preliminary Development Plans\2005V.egacy DA MOD 3 da stf vcr.doc
Upon request of Owner, the City will execute and deliver a partial release of the lien created
herein against any property located within the Project upon payment by Owner of that portion of
such fees which bears the same ratio to the then remaining unpaid balance of such fees as the
acreage of land to be released bears to the total acreage of land utilized to compute the amount of
the required fees. Upon request of Owner, the City will by written agreement, subordinate the
lien created hereby to any mortgage, deed of trust or other security device required to secure the
payment of any loan or advance made to Owner for the sole purpose of financing the
construction of improvements upon the subject property; provided however that the financing
institution entity shall first warrant and represent in writing that it understands that the
contemplated loan or advances will be used solely for the construction of improvements upon the
land and that it will take reasonable precautions usual and customary to the financing and lending
industry to ensure that the loan proceeds or advances will not be used for any other purpose. Any
prepayments made pursuant to this provision shall be applied in inverse chronological order
against the regularly scheduled payments set forth herein, and such payment shall not release
Owner of any obligation to make the next regularly scheduled payment.
Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within
the Project;
C. Refuse to accept public ownership and maintenance of public improvements within the
Project and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the
Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any
other remedy available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with
each other, may be enforced simultaneously or separately, at the sole discretion of the City.
Effective Date. This Development Agreement Modification shall be effective upon the signing
and execution of this agreement by both parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this day of , 2012.
Page 7 of 9
K:1Planning Dept\Eagle ApplicationsTreliminary Development Plans120051Legacy DA MOD 3 da stfver.doc
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
James D. Reynolds, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
CLOUD BERRY, LLC, an Idaho limited
Liability company
By:
STATE OF IDAHO )
: ss.
County of Ada)
Brian F. McColl, its Manager
On this day of , 2012, before the undersigned notary public in and for
the said state, personally appeared JAMES D. REYNOLDS, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
Page 8 of 9
K:1Planning DeptlEagle ApplicationssPreliminary Development Plans12005\Legacy DA MOD 3 da stf ver.doc
STATE OF IDAHO, )
: ss.
County of Ada. )
On this day of , 2012, before me, the undersigned, a
Notary Public in and for said State, personally appeared BRIAN F. McCOLL, known and
identified to me to be the Manager of CLOUD BERRY, LLC, an Idaho 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 in this certificate first above written.
Notary Public for Idaho
Residing at
My Commission Expires:
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K:1Planning Dcpt\Eagle Applicatiotts\Preliminary Development Plans120051Legacy DA MOD 3 da stf ver.doc
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes___...
RECEIVED & FILa)
CITY OF EAGLE
DEVELOPMENT AGREEMENT SECOND MODIFICATION
JUN 1 4 2012
This Development Agreement Second Modification (the "Secon FlklEadificatien") is
made and entered into by and between the City of Eagle, a municipal corp mtatc ul
Idaho ("Eagle"), by and through its Mayor, and Cloud Berry, LLC, an Idaho limited liability
company (the "Applicant"), effective as of the date this Second Amendment has been fully
executed by said parties.
WHEREAS, a Development Agreement was executed by the then Mayor of Eagle on
October 10, 2006 and recorded October 12, 2006, as Instrument No. 106161990, records Ada
County, Idaho, and subsequently modified by a Development Agreement Modification executed
by the then Mayor of Eagle on January 14, 2009 and recorded as Instrument No. 109008326,
records Ada County, Idaho, which Development Agreement and Development Agreement
Modification are hereinafter referred to as the "Development Agreement"; and
WHEREAS, a portion of the property subject of the Development Agreement obtained
preliminary plat approval in accordance with the Mosca Seca Subdivision Preliminary Plat (the
"Preliminary Plat") approved by Eagle on or about August 22, 2006; and
WHEREAS, a portion of the Preliminary Plat property was subsequently platted in two
phases: the first platted as Mosca Seca Subdivision No. 1, Instrument 108028316, records Ada
County, Idaho; and the second as Mosca Seca Subdivision No. 2., Instrument No. 108096411,
records Ada County, Idaho (hereinafter the "Platted Portion"); and
WHEREAS, the original property subject of the Development Agreement consisted of
approximately 624 acres (the "Original Property") permitted up to 1,373 dwelling units. To
date 241 residential building lots have been platted in the Platted Portion; and
WHEREAS, Eagle Sport Legends Development, LLC, one of the original applicants in
the Development Agreement, originally intended to develop a portion of non-residential property
with recreational and social facilities ("Academy Facilities"), including the Nicholas Academy
of Golf, Spitz Academy of Swimming, Hamm/Foundy/Chastain Academy of Soccer, Collier
Academy of Tennis, and a Signature Academy of Fitness, and to utilize the Academy Facilities
for a curriculum of instructional and training programs, pursuant to proprietary licenses (the
"Licenses") granted to Eagle Sport Legends Development, LLC; and
WHEREAS, Lot 2, Block 5, Mosca Seca Subdivision No. 1 has been developed as a
three -hole practice golf course; a portion of Lot 2, Block 6, Mosca Seca Subdivision No. 1 has
been developed for the use of soccer fields, tennis courts and parking and the remaining portion
of Lot 2, Block 6 remains undeveloped (the "Undeveloped Academy Parcel"); and
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 1
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
WHEREAS, the Licenses were terminated by the Licensor on or about April 1, 2010; and
WHEREAS, the Applicant is the owner of the following parcels: (i) the portion of the
Preliminary Plat that has not been final platted; (ii) the Undeveloped Academy Parcel; and (iii)
the majority of the balance of the real property subject of the Development Agreement.. The
combined acres of these parcels consist of approximately 448.25 acres. The Applicant's
properties are collectively referred to hereinafter as the "Applicant's Property" and are legally
described on Exhibit A, and depicted on Exhibit B (the "Revised Concept Plan") attached
hereto; and
WHEREAS, Whereas, a parcel of approximately 32 acres that was owned by Eagle
Creek Properties, LLC — one of the two original applicants of the original Development
Agreement — has been developed as the North Start Charter School leaving a remainder parcel of
17.01 acres shown as Parcel 2 on that certain Record of Survey 8520 attached hereto as Exhibit
C, which parcel is currently owned by Haynes Investments L.C. (the "Haynes Parcel"); and
WHEREAS, an approximately 78.13 acre parcel became subject to the Development
Agreement pursuant to the Development Agreement Addendum, Instrument No. 109129733,
records Ada County, Idaho, which parcel is more particularly described on Exhibit D
("Expansion Parcel No. 1") attached hereto. The Haynes Parcel and the Expansion Parcel No. 1
are collectively referred to as the "Non -Applicant Parcels"; and
WHEREAS, the market for residential development throughout the United States,
including Eagle, Idaho, has significantly changed since the onset of the nationwide recession;
and
WHEREAS, the Applicant and Eagle desire to provide for the continuing construction of
homes on the finished lots in the Platted Portion and future development of the Undeveloped
Portion, consistent with the Development Agreement, but recognize that in order to do so further
modifications to the Development Agreement are in order; and
WHEREAS, the intent of this Second Modification is to protect the rights of the
Applicant and the owners of the Non -Applicant Parcels and the Platted Property, while at the
same time limiting any adverse impacts on neighboring properties and insuring that the
Applicant's Property is developed in a manner consistent with the Development Agreement as
modified by this Second Amendment; and
WHEREAS, all provisions of the Development Agreement are and shall remain in full
force and effect other than as modified hereunder;
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 2
1 06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
1. Concept Plan Amendment. The Concept Plan referred to in Section 3.1 of the
Development Agreement shall, with respect to the Applicant's Property, refer to the Revised
Concept Plan attached hereto as Exhibit B. The development of the Applicant's Property shall
be generally consistent with the Revised Concept Plan attached hereto; provided however it is
the intent of this Second Amendment to allow flexibility at the time preliminary plats are
submitted to the City, so long as the general intent of the Concept Plan and the requirements set
forth in the Development Agreement, as amended, are met.
2. Residential Development Amendment. Sections 3.4.1.1, 3.4.1.2 and 3.4.1.3 of the
Development Agreement are hereby restated as follows:
3.4.1.1 The maximum overall density of the Original Property shall not
exceed 1,373 dwelling units. Those 1,373 dwelling units shall consist of the 241
residential building lots contained within the Platted Portion, a maximum of 38 dwelling
units allocated to the Haynes Parcel, and a maximum of 1,094 dwelling units that may be
developed on the Applicant's Property.
3.4.1.2 Residential development on the Applicant's
Property shall not exceed a total of 375 acres nor exceed the
acreages for the housing type set forth in the below table:
Product Type Approx. Lot Size Approx.
Acreage
Townhouse 3,800 — 4,999 SF 0.0
Patio
5,000 — 7,999 SF 111.3
Custom 8,000 — 11,999 SF 136.6
Estate 12,000 + SF 127.1
Total 375
3.4.1.3 No further townhouses shall be developed on the
Original Property it being understood that townhouse acreage that
otherwise would have been available for development on the
Original Property may be utilized in the future development of
Expansion Parcel No. 1. The total number of townhouses
developed on the Original Property and the Expansion Parcel No. 1
shall not substantially exceed 20% of the aggregate dwelling units
allowed, with the mixture of residential uses on the Applicant's
Property generally conforming to the following categories:
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 3
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
Product Type
Townhouse
Patio
Custom
Estate
Nothing herein
Approx. Lot Size
3,800 — 4,999 SF
5,000 — 7,999 SF
8,000 — 11,999 SF
12,000 + SF
shall be construed to increase
Property or Expansion Parcel No. 1.
of Units
0%
38%
36%
26%
Approx. Number of Units
0
420
395
279
Not to exceed 1094
the permitted density on either the Oriilina1
3. Expansion of Planned Unit Development. Expansion Parcel No. 1, subject of that
certain Development Agreement Addendum, Ada County Instrument No. 109129733, was one of
the potential "Expansion Parcels" identified in the Development Agreement and is subject to
Section 3.4.2 of the Development Agreement. Expansion Parcel No. 1 and the remaining
Expansion Parcels remain subject to all terms and conditions of the Development Agreement. In
particular, Section 3.4.2 of the Development Agreement continues in full force and effect as it
pertains to the Expansion Parcels.
4. Haynes Investment Parcel. The Haynes Investment Parcel is not impacted by
this Second Modification and it remains subject to the Development Agreement and part of the
planned unit development (the "PUD") for the Original Property. The Haynes Investment Parcel
has been granted a development density of 2.2 units per acre, and shall continue to be subject to
the Development Agreement. The Haines Investment Parcel when developed shall be
connected both internally to existing or future platted portions of the Undeveloped Portion, as
well as externally to the greater Eagle community. Stub streets shall be identified and noted in
deeds and signage as a street, as required by the Ada County Highway District (the "ACHD")
and Eagle.
5. Commercial/Office Development. Section 3.4.3.1 of the Development Agreement is
hereby restated as follows:
Office and commercial use shall be limited to 5% of the Original Property
acreage (Alternate: Original Property plus the Expansion Parcel No. 1 acreage).
Notwithstanding this limitation, pursuant to the Revised Concept Plan, the
Applicant has limited its proposed development of office and commercial use to
5 acres; and the Concept Plan submitted with the Expansion Parcel No. 1
identifies 12.9 acres of commercial use. The Applicant has agreed that anv
additional commercial acreage that otherwise would have been available for
development for the entire PUD may be utilized in the future development
Expansion Parcel No. 1. Nothing herein shall be construed as a waiver of any
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 4
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
requirement for applications regarding design reviews. preliminary and final plat
reviews. conditional use permits (if applicable) and any other applicable
applications required by Eagle City Code in connection with the Applicant's
Property or the Expansion Parcel No. 1.
56. Open Space. Section 3.4.4 of the Development Agreement is deleted in its
entirety and replaced with the following:
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property shall
be reserved as open space. The application for any preliminary
plat shall contain, in addition to all requirements of the Eagle City
Code, a land use summary that demonstrates that the number of
acres of existing open space, together with the number of acres of
open space in the submitted preliminary plat application maintains
the minimum 20% open space requirement, pursuant to Eagle City
Code.
3.4.4.2 INTENTIONALLY DELETED.
3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land
• At least one tot lot for each phase depicted on
Exhibit A hereto
• Regional trails connecting through the Property,
from east to west and north to south
• Both Active and Passive Open Space. A minimum
of 60% of the Open Space shall be Active Open
Space. Active Open Space shall be defined as areas
that provide gathering area for active recreation
(e.g. recreational spaces, open fields, swimming
pools, tot lots and trails). Passive Open Space shall
be defined as neighborhood areas that provide a
combination of linear open space and scenic
features (e.g. ponds, berms and view corridors).
• Up to five acres of school site can be included as
Open Space
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 5
1 06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
3.4.4.2.1 All Open Space shall comply with
the Eagle City Code in effect at the time of the preliminary plat
application including such area.
3.4.4.2.2 All Open Space with the exception
of that included within school sites shall be maintained by Legacy
Community Association, Inc., any successor homeowners or
neighborhood associations, or any recreational association
established to maintain a particular open space for recreational use,
all as more particularly set forth in the Community Charter for
Legacy, Instrument No. 108048693, records Ada County, Idaho,
and/or the Declaration of Recreational Covenant, Instrument No.
108048694, and any modifications thereto.
3.4.4.2.3 A public easement for a greenbelt
pathway connecting north to south and east to west through the
Property shall be dedicated to Eagle. The specific location,
easement language, design, and construction plans of the pathway
shall be approved by the Eagle City Council prior to the City
Engineer signing the first final plat for the Property.
3.4.4.2.4 All regional pathways dedicated to
Eagle shall be located within a minimum 20 foot wide easement
and contain paved pathways of at least 10 feet in width, and all
micropathways designed for primary use by the residences of the
Property shall be located within a minimum 16 foot wide easement
and contain paved pathways of at least 6 feet in width, with all
paved pathways being constructed to Eagle's pathway standards.
3.4.4.3 All open space areas are subject to Eagle's
design review process and standards set forth in Eagle City Code
Sections 8-2A and Section 9-4-1-6 (D) Pathway Design.
7. School Sites. Section 3.5 of the Development Agreement is modified to
acknowledge that the existing North Star Charter School satisfies the Development Agreement
requirement for a public school site. The placement of portable classroom(s) to be located at the
school site shall be subject to Eagle's design review process and standards set forth in Eagle City
Code Section 8-2A and the location, design, and number of units are approved by the Applicant
herein.
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 6
06/14/12 Agreement with 6-4-12 Staff Recommendations Acceoted and Showing BFM 6-14-12 Changes
ARTICLE II
INDEMNIFICATION
Applicant, as the owner of the Applicant's Property, shall assume and pay all debts,
charges, claims, damages and liabilities directly attributable to Eagle's approval of this Second
Modification and shall save and hold Eagle harmless therefrom and shall indemnify and defend
and/or provide for defense against same.
ARTICLE III
GENERAL MATTERS
Enforceable Provisions. The original Development Agreement, Instrument No.
106161990, and its exhibits, together with the Development Agreement Modification, Instrument
No. 109008326, together with its exhibits, remain in full force and effect, except as modified in
Article I herein.
Effective Date. This Development Agreement Second Modification shall be effective
after delivery to each of the parties hereto of a fully executed original of this Development
Agreement Second Modification.
[SIGNATURES ON FOLLOWING PAGE]
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 7
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BEM 6-14-12 Changes
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as
shown below:
CITY OF EAGLE, a municipal corporation
organized under the laws of the State
of Idaho
By:
James D. Reynolds, Mayor
CLOUD BERRY, LLC, an Idaho limited
Liability company
B y:
Brian F. McColl, its Manager
ATTEST:
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 8
Sharon Bergmann,
City Clerk
06/14/12 Agreement with 6-4-12 Staff Recommendations Accented and Showing BFM 6-14-12 Changes
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 2012, before me
personally appeared JAMES D. REYNOLDS, known or identified to me (or proved to me on the
oath of _ ) to be the Mayor of the CITY OF EAGLE, a
municipal corporation organized and existing under the laws of the State of Idaho, the
corporation that executed the instrument or the person who executed the instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
STATE OF IDAHO,
: ss.
County of Ada .
Notary Public for Idaho
Residing at
My Commission Expires:
On this day of , 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared BRIAN F. McCOLL, known and identified to me to be
the Manager of CLOUD BERRY, LLC, an Idaho 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 in this certificate first above written.
Notary Public for Idaho
Residing at
My Commission Expires:
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 9
06/14/12 Agreement with 6-4-12 Staff Recommendations Accented and Showing BFM 6-14-12 Changes
EXHIBIT A
DESCRIPTION OF APPLICANT'S PROPERTY
(Attached)
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 10
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
EXHIBIT B
REVISED CONCEPT PLAN
(Attached)
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 11
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BFM 6-14-12 Changes
EXHIBIT C
RECORD OF SURVEY 8520 -HAYNES PARCEL
(Attached)
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 12
06/14/12 Agreement with 6-4-12 Staff Recommendations Accepted and Showing BIM 6-14-12 Changes
EXHIBIT D
DESCRIPTION OF 78.13 ACRE EXPANSION PARCEL NO. 1
(Attached)
DEVELOPMENT AGREEMENT SECOND MODIFICATION - 13
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
Ordinance 671
June 26, 2012
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
RZ-13-05 MOD 3 — Development Agreement Modification — Cloud Berry, LLC
June 26, 2012
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
A
'"c" --ADA COUNTY
/
SHERIFFS OFFICE
ft
Cc_ 6 .26-'e2'
CITY OF EAGLE POLICE
MONTHLY REPORT MAY 201 2
Group A NIBRS Crime*
Person ('rim c"
Property (*rinse*
SocieI) ('rime"
Total
Felons
Misdemeanor
YTD
2011
33
96
26
155
2012
23
112
47
182
Clearance
Rate 2012
1.1)
52.2%
17.9%
76.6%
37.4%
2012
March \pril May
4
22
I0
36
68 77 18.2% 15
87 105 51.4% 21
17
8
26
12
14
80
m
-£ 60
u
v 40 .r. — — 1-...7 r--4•---1-
T
a, 20 -- — — — HI✓
z
O - 0 — — ��� . iEra.
6
33
5
44
30
14
1t8
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
Person
Property
Society
'09-'11 Monthly Avg
City of Eagle Population
COMPASS 2011: 20.140
COMPASS 2012: 20.550
% Change 2.0%
Group A NIBRS Crime Rate YTD
(per 1,000)
2011: 7.7
2012: 8.9
%Change 15.1%
2011 Clearance Rates
Person: 63.5%
Property: 32.1%
Society: 88.1%
Total: 47.2%
Felony: 42.1%
Misdemeanor: 50.5%
As of April 2012
Police Activity
Calls For Servicet ('Total)
Total Response Time
Code 31 Calls For Service
Code 3a Response Time
Proactive Policing'
Reports (DR's)
\rrests§
Citations
# of Incidents
1200
1000
800
600
400
200
0
\FD 2012
2011 2012 ,\larch April May
1.604 1.623 347 352
6:57 7:19 6:54 6:48
40 25 5 5
2:52 3:52 3:43 3.52
4.720 4.791 890 1.049
536 456 91 84
141 130 30 33
450 368 63 96
432
7:22
8
4:23
941
110
23
61
—rt —
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
+CFS '09-'11 CFS Monthly Avg
Pros Wed B, ACSO ('A(Ih
PRO — '09-'11 PRO Monthly Avg
May 2012
Top Calls For Service
Burglary Alam•► (29)
Attempt To Locate Reckless Driver (23)
Vehicle Burglary Report (19)
Welfare Check (16)
Attempt To Locate Drunk Driver (15)
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Data obmmed from New World CAD !STARS. and ITD N ebCars databases Data queued 6'13 12
Page 1 of?
Property Crime
Vehicle Burglary
Residential Burglary.
Commercial Burglary
Construction Burglary
Vandalism
'Theft
Other**
'total
l'I'D 2012
2011 2012 March kiwi!
15 29 2 2
4 17 3 4
6 1 1 0
0 0 0 0
22 23 9 3
35 38 6 8
14 4 I 0
96 112 22 17
Construction Site ('heck 267 264 44 74
Property/Security Check 1,627 1.471 313 368
! ) Ihr1
May
19
6
0
0
3
5
0
33
56
259
Traffic
Crashes
Property Damage
Personal Injury
Fatal
Total
. Icohol-Related Clashes
Traffic Stops
DI I Arrests
\IoN ing Citations
# of Crashes
1 'TD 2012
2011 2012 \larch 1pril
75 57 9 14
24 25 r, 3
0 0 n n
99 82 15 17
6 6 1 2
1.762 1.763 277 356
24 16 5 3
215 146 25 46
May
8
6
0
14
0
346
24
40
30
20
10
.1-411-114111117171 ■ ■717■
0
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
Property Damage
Personal Injury
January - N-larcrr 2012
Top Crash Intersections
Chinden Blvd & Eagle Rd (3)
Highway 44 & Edgewood Ln (3)
Highway 55 & Hill Rd (3)
Eagle Rd & State St (2)
Floating Feather Rd & Parklbrest Wy (2)
State St & Fisher Park Wy (2)
Chinden Blvd & Locust Grove Rd (2)
Eagle Rd & Riverside Dr/ Rivershore Ln (2)
Park Ln & State St (2)
Prot tded Bt ACSO/CAUith
Fatal — — '09-'11 Monthly Avg
May 2012
Crashes by Time of Day
0000-0600 hrs 0
0600-0900 hrs 3
0900-1200 hrs
1200-1500 hrs
1500-1800 hrs
1800-2100 hrs
2100-0000 hrs
0
7
May 2012
Crashes by Day of Week
Sunday 0
Monday
Tuesday 3
Wednesday 3
Thursday 3
Friday 2
Saturday 2
May 2012
Top Crash Contributing
Circumstances
Following Too Close (5)
Distracted IN or ON Vehicle (3)
Inattention (3)
Data obtained front Neu World CAD (STARS and rro Webears databases
Page 2 of 2
Data queried ( I Si 12
Cc-.6�i2____
EAGLE SPORTS COMPLEX
WILDFIRE MITIGATION PROJECT
SCOPE OF WORK
1.) Provide a clear and detailed description of your proposed activity
The Eagle Sports Complex wildfire Mitigation project will involve the creation of a defensible space
within a severe wildfire hazard area that interfaces urban development that includes in excess of 200
homes with an assessed value of over $20 million. This area has a rich fire history that has seen hundreds
of acres burned over the past 5 years that has caused in excess of $15 million in property damages and 2
fatalities. This project is unique in that the defensible space will be in the form of an irrigated open space
area that will be used for recreational purposes by the citizens of Eagle and Ada County. This use will
not only provide numerous measurable benefits as far as loss avoidance, it will provide multiple
immeasurable benefits in the form of social impacts that provide the citizens an opportunity to recreate
while at the same time learn about ways to protect themselves and their property from the impact of wild
fires.
The project will involve converting 27 acres of urban -wild land interface area that has the highest level of
risk as determined by the Bureau of Land Management (BLM) into an irrigated open space buffer area
that will provide the youth of Ada County recreational opportunity for years to come. The area outside
the project areas is protected as open space and will remain as such in perpetuity. The fact that this area
will remain as a natural open space areas means that the wild fire risk associated with this natural function
will remain as well. This makes this project location the ideal location for a project of this caliber and
scope. The fact that this will be an irrigated open space area will provide 3 significant benefits that need
to be stressed:
• The 27 acres is the ideal location for this scale of defensible space initiative. It is on the down
slope end of the interface area that has a high risk to wildfire due to fuel source, prevailing wind
directions and topography. While defensible space initiatives are usually implemented on single,
isolated structures, there are situations where the defensible space is ideally situated between the
interfaces of aggregate, high density development. This project is the perfect representation of
this situation.
• The fact that this defensible space will be an irrigated open space use extends the project's useful
life and effectiveness. Defensible space/vegetation management initiatives typically have project
useful life spans of 4 to 8 years according to FEMA's benefit -cost models. However, since this
area will be watered and maintained (mowed) for recreational use (little league baseball and
youth soccer), this project will remain effective for as long as kids will play ball this location. It
should be noted that funds from this grant will not be applied towards installation of the irrigation
components of this project. Funding of irrigation is not an eligible activity. Therefore these costs
have been removed from the grant as well as the benefit -cost analysis for this project. Even
though the irrigation component is not eligible for funding, the benefits of the irrigation in
extending project life should not be ignored.
• The perimeter of the project site will be an interpretive demonstration area for native, fire
resistant landscapes. Following models developed and promoted by Idaho Firewise, this project
will provide a valuable public outreach tools to show the public ways they can create protective
interfaces with the hazard areas via fire resistive landscapes.
See attached site map, hazard map and conceptual design for the project area.
2.) Provide a detailed description of the proposed project's location (e.g. municipality, street
address, major intersecting streets and other important landmarks). Please attach supporting
documentation such as maps that clearly identify the location and critical features to the
project such as topography, waterways, adjacent community boundaries, etc., and mark your
project site on the FIRM/DFIRM/FHBM (even if it is out of the floodplain):
The project location as at the intersection of Horseshoe Bend Rd and Floating Feather RD (lat:
43.70818975730; Long: -116.31443401900). This is a 27 acre parcel that is currently undeveloped, but
interfaces large tracts of developed land. The project area currently resides within unincorporated Ada
County, but is within the City of Eagle's urban growth boundary and will become part of Eagle once it is
developed. The area is within the Eagle Fire District jurisdictional boundary. Project area site maps,
hazard area maps and FIRMette have been attached.
3.) Briefly describe the need for this activity. Why should this mitigation activity be completed?
The project area has currently been identified as a severe wildfire Risk area by both BLM and the Ada
County Hazard Mitigation Plan update. This area has a rich fire history, including the Skate Park Fire in
2009 which burned over 100 acres within the project and cost over $400,000 to fight. The project area
poses a significant fire threat due to fuel source, topography, prevailing wind direction and climate. The
South western Idaho summers are hot and dry and usually include thunderstorm activity due to the
presence of the Northern Rocky Mountain Range known as the Boise Front. Lightning strikes from
thunderstorm activity are the predominant cause of wildfires during the summer months (July, August,
and September). The Boise Front impacts prevailing wind direction causing a north south flow. In the
project area, this wind directs the fire threat down slope towards approximately 200, high value homes
with an assessed value in excess of $20 million. This project is needed to establish a defensible space
between this built environment and the severe wildfire risk zone.
4.) Who will the mitigation activity benefit and/or impact?
The primary beneficiaries of this project will be the 23 high value homes that lie within the immediate
interface with the serve wildfire hazard area. These are the l' homes likely to be impacted should a
wildfire actually interface with this developed area. However, as past urban wild land interface fires such
as the Oakland Hills fire in 1989 and the Boise Oregon Trail Fire in 2007 have shown, once these fires
interface with the built environment they can escalate (or conflagrate) to large scale proportions. These
fires can escalate quickly as they interface a fuel rich environment. In a true conflagration scenario, it is
estimated that as many as 300 properties could be threatened. This would include critical facilities such as
a fire station and critical infrastructure such as water supply wells and power utilities.
Aside from these direct benefits are the indirect, social benefits this project will provide in the form of
public education and public recreation. It is not too often that a mitigation project that can provide
tangible social benefits like this project will. The social benefit the recreational open space will provide to
the youth of Ada County is immeasurable. West Valley Little league provides an opportunity for over
500, ages 5 to 13 boys and girl's opportunity to play baseball year round. This does not include those
children on the other teams that they play or their families that get the enjoyment of watching their
children play America's pass time. Additionally, the opportunity to provide an interpretive area to
demonstrate what fire resistant landscapes looks like and how they function is a highly effective public
information tool. Promotion by demonstration is the best way to get you point across. The ability to send
a property owner to a site that will illustrate techniques and alternatives to manage the highly critical
interface between a high hazard area and the built environment will be invaluable. Based on these merits,
all of the citizens of Ada County stand to benefit from the implementation of this project.
5.) How will the mitigation activity be implemented?
This project will be implemented in 3 principal phases. Phase 1 will deal with the general condition site
assessment and project design. Under this phase, the project area will be surveyed to support the design
and layout of the project. A preliminary design has been prepared for this grant application to determine
the approximate layout and location of the recreational use fields. This layout may have to be altered to
accommodate drainage patterns and City code requirements for amenities. As stated earlier in this scope
of work, the perimeter of the project area will be dedicated to an interpretive demonstration area for fire
resistive landscapes. This perimeter will be a linear easement and titled as such in perpetuity on the title
for the property.
Phase 2 of the project will focus on site preparation and grading. This phase will involve removal of
existing vegetation which is the vegetation management component of the project. Once the area has been
cleared, the site will be graded to support the recreational use of the project. Once again, this is a
significant aspect of the risk reduction potential of this project in that removal of the slope will make the
project area more defensible in terms of fire suppression. Erosion/sedimentation control measures will be
put in place during this remedial grading phase. Drainage flow paths will be established/maintained
towards established flow control facilities. It should be noted that it is estimated that completion of this
project will provided water quality benefits by providing a bio -filtration medium as stromwater flows out
of the foothills towards the Boise River.
Phase 3 of the project will be the construction phase. Recreation field layout will be surveyed. The
irrigation system will be put in place. Once again it should be stressed that this component of the project
has not been included in the project costs to be covered by the grant. Once the irrigation system is put in
place, access pathways will be placed. Then the sod (grass) will be laid. It is estimated that over 80% of
the project area will be covered in grass (sod). The principal recreational areas (ball fields) will be laid in
sod, while the interconnected areas will be hydro -seeded.
6.) Describe how the project is technically feasible and will be effective in reducing the risk by
reducing or eliminating damage to property and/or loss of life in the project area. Please
include engineering design parameters and references to the following: preliminary schematic
or engineering drawings/design; applicable building codes; engineering practices and/or best
practices; level of protection (e.g., life safety, 100 yr floor protection with freeboard, 100 yr
wind design, etc.):
The concept for this project is fairly simple and is one that does not require a high degree of engineering
or design. The scope of this project will remove combustible vegetation from a high risk interface area
and create a defensible space within that interface that will be in the form of an irrigated open space that
can be utilized for recreational purposes. Defensible space/vegetation management projects are proven
effective wildfire mitigation techniques. The feasibility of these techniques is not dependent upon
engineering or design. This project is unique in that it is a large scale defensible space initiative situated
to provide protection to multiple structures. The other unique aspect of this project is that the defensible
space will be an irrigated open space area. The fact that the defensible space will be maintained in
perpetuity as a recreational use area adds longevity to the useful life of the project as well as increases the
effectiveness of the project. Since this project will involve remedial grading of the site, a grading plan
will need to be developed prior to project implementation. This plan has not yet been developed as this
project awaits funding. Once funding is secured, this grading plan will be developed. A conceptual design
for field layout has been developed and is attached to this section of the grant.
7.) Who will manage and complete the mitigation activity?
This project will be managed by the City of Eagle, Department of Public Works. The Director of Public
Works will assume the role of overall project manager. Since this project will be a cooperative effort
between the City of eagle, Eagle Fire District and the West Valley Little League, the project manager will
coordinate aspects of the project with these agencies with regards to their areas of interest. For example,
West Valley Little league will be responsible for ball field design, layout and construction. West Valley
Little league will also assume responsibility for the majority of the field maintenance once the project is
complete. The Eagle Fire District, in coordination with Idaho Firewise, will take the lead on the fire
resistant landscape demonstration area. Once completed, the project area will become part of the City of
Eagle's inventory of public parks and will fall under the City's Parks and Recreation department.
8.) Will the project address the hazards identified and what risks will remain from all hazards after
project implementation (residual risk) ?
As stated earlier, defensible space/vegetation management mitigation projects are frequently deployed in
high wildfire risk areas and are proven effective techniques to reducing the risk to the wildfire hazard. So
yes, the project will address those hazards identified. As with any mitigation technique, there is always
some residual risk associated with a project. In this case, a true conflagration scenario ("the perfect
storm") could overwhelm the defensible space and impact the properties within the project area.
However, the presence of this project would attenuate some of those impacts, and the degree of risk in
this scenario would be less than if the project was not in place. As stated earlier in this scope of work, this
project is ideally located to interface the highest degree of wildfire risk. The fuel sources, topography and
climate make this area highly vulnerable. The fact that the defensible space area will be in the form of an
irrigated open space area will also provide water quality benefits as stated earlier.
9.) When will the mitigation activity take place?
The City of Eagle and its partners are fully committed to this project. Funding for the local share of this
grant has been secured. If this project is selected for funding, work on the project can begin immediately.
The timing of the grant award announcement will influence when this project can commence. It is not
advisable to begin construction on this project during winter months when the ground is typically frozen
in this region. It is estimated that the project can be completed within 1 calendar year from project
inception.
10.)Explain why this project is the best alternative. What alternatives were considered to address
the Risk and why was the proposed activity considered the best alternative?
Unlike other hazards (flood, earthquake), there are not a lot of mitigation options for the wildfire
hazard. The only other real viable option to consider for this situation would be fire protection of each
of the individual properties in the form of combustible material roof replacements or fire sprinkler
systems. While these options are effective, they are very costly and require a substantial financial
commitment from each individual property owner.
The other option is to do nothing. To do nothing would be to accept the risk and address the problem
after an event with tax payer assistance when there has been significant property damage and/or
casualties. This is not an option to the City of Eagle and its partners. This option was selected because
it represents the option that can provide the highest degree of protection to multiple properties with
the most cost-effective use of tax payer dollars. The fact that this project can provide the added social
benefit of public recreation as well as public education while it significantly reduces the risk to the
hazard made this clearly, the best option.
11.)Please idents the entity that will perform any long-term maintenance and provide a
maintenance schedule and cost information. The sub -applicant or owner of the area to be
mitigated is responsible for maintenance (including costs of long-term care) after the project is
completed:
As stated multiple times in this scope of work, this project area will become a City of Eagle Park. Once it
becomes a park, it will be maintained as such in perpetuity. The fact that the primary use of this facility
will be youth sports (baseball and soccer) will dictate the maintenance schedule for the project area. There
are 2 primary components to maintenance for this project: watering and mowing. This area will be fully
plumbed for automatic sprinklers to keep the area watered on a regular basis. Once again, it should be
stressed that the irrigation component (sprinklers) is not included in this grant request as it has been
determined by FEMA that these costs are not eligible for wildfire mitigation grant funding. As is typical
for this region, these sprinkler systems will be shut down during the winter months due to frost and snow
accumulation. Grasses typically go dormant during the winter months (November through March) and do
not require mowing. During the growing season, the area will be watered on a regular basis based on
temperature and climate. For example it is typical to water more frequently during the summer months
than the spring and fall months due to high temperatures. The Grass areas are typically mowed on a
weekly basis. It has been estimated by the City of Eagle that the costs to water and mow a facility of this
size would be approximately $10,000 to $15,000 per year. It should be noted that water costs will be low
due to the project areas proximity to agricultural irrigation water (Farmers Union Canal). Water can be
taken from this canal for a flat, annual fee.
A key partner in this project will be West Valley Little League (WVLL). Upon project completion,
WVLL will enter into a memorandum of understanding with the City of Eagle for maintenance of the
baseball field portions of the complex. WVLL runs its little league season for March through November
of each year. During this season games and tournaments will be played on a weekly basis and sometimes
on a daily basis. It is in their vested interest for these fields to be maintained. So WVLL will assume this
responsibility for the ball fields for as long as those fields are present and/or WVLL is a viable entity. The
City of Eagle will maintain the common areas of the complex through its Parks and recreation
Department.
And lastly, the fire restive landscape demonstration areas of the project area. Since the majority of these
landscapes will be native species that require little or no water, the level of maintenance for these areas is
considered to be minimal at best. There will be interpretive trails that go through the demonstration area
that may need minor maintenance. Eagle Fire District in conjunction with Idaho Firewise will keep tabs
on these areas and perform whatever maintenance is needed.