Findings - CC - 2013 - RZ-05-02 MOD2 - Mod To Da/Instru#107155763/Assoc With Mu With Da BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT FOR )
THE REZONE FROM RUT TO MU-DA )
FOR LAKEMOOR SUBDIVISION FOR )
DMB INVESTMENTS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-02 MOD2
The above-entitled rezone modification application came before the City Council for their action on
February 26, 2013. The Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
DMB Investments, LLC, represented by Dan Torfin, is requesting modifications to the
development agreement (Instrument #107155763) associated with the MU-DA (Mixed
Use with development agreement)zoning of the property. The 178.5-acre site is generally
located on the east side of S. Eagle Road approximately one-half mile north of Chinden
Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 6:00 PM to 8:00 PM, Thursday, November 15,
2012, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on November 29, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on January 7, 2013. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on January 11, 2013. Requests for agencies' reviews were transmitted
on December 3, 2012, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on January 11, 2013.
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on February 11,2013. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on February 8, 2013. The site was posted in accordance with the Eagle
City Code on February 14, 2013.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992,the City Council denied an annexation, rezone, and preliminary plat
(A-91/R2-91/PP-91)for Fall Creek Subdivision.
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On January 4, 1993, the City Council approved an annexation, rezone, and preliminary
plat (A-91/ R2-91/ PP-91) for a revised version of Fall Creek Subdivision. That
preliminary plat approval has since lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA-
4-02)to change the land use designation on the Comprehensive Plan Land Use Map from
Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and
rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU-DA (Mixed
Use with Development Agreement) and a rezone from R-2 (Residential-up to two
dwelling units per acre) to MU-DA (Mixed Use with Development Agreement) for this
site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor
Subdivision a 178.52-acre, 240-lot (142-residential, 53-commercial, 45-common)
subdivision(PP-03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor
Subdivision No. 1 and Lakemoor Subdivision No. 2 for DMB Investments, Inc., (FP-13-
05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development
agreement for DMB Investments, LLC, and Eagle Lifestyle Center, LLC, by amending
and restating the original development agreement (recorded as Instrument No.
105048971)(RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor
Subdivision No. 3 for DMB Investments,LLC(FP-04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for
the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension
of time is valid until December 8, 2011 (EXT-21-09).
On October 25, 2011, the City Council approved a one (1)year extension of time for the
final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of
time is valid until December 8, 2012 (EXT-08-11).
E. COMPANION APPLICATIONS:
PP-03-05 MOD — A modification of the preliminary plat associated with Lakemoor
Subdivision. The modification it to convert two (2) previously approved office and
commercial areas to single-family residential. The proposed single-family residential
areas are proposed to be served by private streets.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Lakemoor Subdivision
development agreement)
Proposed No Change No Change Modification of the
Lakemoor Subdivision
preliminary plat
North of site Mixed Use and R-1 (Residential-one unit Rural Residences&Eagle
Commercial per acre maximum), C-1- Market Place
DA(Neighborhood
Business District with a
development agreement),
C-2-DA(General Business
District with a development
agreement)
South of site Residential Two MU-DA(Mixed Use with Coast To Coast Subdivision
development agreement), (Laguna Pointe
R-2-DA-P(Planned Unit Subdivision)
Development, Residential-
two units per acre
maximum with a
development agreement)
and R-E-DA-P (Planned
Unit Development,
Residential Estates one unit
per two acres maximum
with a development
agreement)
East of site Residential Two(up to RUT(Residential—Ada Rural Residences&Pasture
two dwelling units per County designation)
acre maximum)&Public/
Semi-Public
West of site Residential Two(up to MU-DA(Mixed Use with a Rural Residences&
two dwelling units per development agreement), Banbury Meadows
acre maximum) R-2 (Residential) &R-2-P Subdivision
(Residential PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 178.5-acres
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting the development agreement modification to address the
following items: 1) remove Eagle Lifestyle Center, LLC, as a party of the development
agreement, 2) remove the language associated with the lifestyle center from the
development agreement, 3)convert Areas F and G from office and commercial areas to a
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residential use, 4) allow for a combination of commercial and residential uses within
Area D, and 5)allow for an assisted living facility to be a permitted use within Area E.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The information provided at the time of preliminary plat from the agencies having
jurisdiction over the public facilities needed for this site indicated that adequate public
facilities exist, or were required to be provided, to serve both residential and commercial
uses on this property under the proposed zone.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
L. NON-CONFORMING USES:
There are currently no non-conforming uses located on this site.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondences are attached to the
staff report. Comments which appear to be of special concern are noted below:
Central District Health — Indicated that central water and central sewer will be required. The
correspondence also indicated that infiltration beds for storm water disposal are considered
shallow injection wells and that an application and fee will need to be submitted to the
department for review and approval of the shallow injection wells.
Chevron Pipe Line Company(CPL)—Indicated that CPL has a conflict with this application due
to the pipe line crosses the proposed development. The correspondence provided information for
contacting CPL and what the company's requirements are regarding encroachments of their
right-of-way.
Eagle Fire Department — Indicated that they have no opposition to the application. The
correspondence also addressed access roads, fire flows, hydrant locations, street signs,
electronic gates for private roads, and mitigation fees.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
Republic Services—No comment
Ringert Clark — Indicated that DMB Development previously entered into a License Agreement
with the Thurman Mill Ditch Company on June 28, 2007. It also indicated that all conditions and
terms of the License Agreement still remain applicable and in full force and effect.
N. LETTERS FROM THE PUBLIC (attached to the staff report):
Mike and Harriet Scheuermann provided correspondence, date stamped by the City on
January 23, 2013, which indicated their concern with allowing the applicant to modify
the proposed development. The correspondence also indicated that there is no reason to
allow the existing development to be modified.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map currently designates this site as:
Mixed Use.
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Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments.Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced
landscaping, detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title
the zoning districts have been formulated to realize the general purposes as set forth in
this title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set
forth in section 8-6-5-1 of this title. In that case a cooperative development, in
conjunction with adjacent parcels (to meet the minimum area requirements), shall be
encouraged. Otherwise a conditional use permit shall be required unless the proposed use
is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed ten (10) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning 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 PUD and conditional use process.
• Eagle City Code, Section 8-10 Development Agreements
Eagle City Code, Section 8-10-1 Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council
as a condition of rezoning. Development agreements allow a specific project with a
specific use to be developed on property in an area that is not appropriate for all uses
allowed or conditional in the requested zone.
C. DISCUSSION:
• The previous application submitted by the applicant(RZ-05-02 MOD) included the addition
of a development partner and a change in the vision of how the commercial and multi-family
portion of the site was to be developed.
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• With this application and development agreement,the applicant is requesting the following:
1) Amend and restate the development agreement and void the first amended and restated
development agreement(Instrument#107155763)
2) Remove the partner(Eagle Lifestyles Center,LLC)which was added in the previous
development agreement.
3) Convert two(2)commercial areas(Areas F and G)to single-family residential.
4) Add Areas F and G into Condition of Development 3.2 to address the required setbacks.
5) Allow for a combination of commercial and residential uses within Area D.
6) Allow for an assisted living facility as a permitted use within Area E.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modification to amend, restate, and void the previously approved first amended and restated
development agreement(recorded as Instrument No. 107155763)with Conditions of Development as
shown within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
28, 2013, at which time testimony was taken and the public hearing was closed. The Commission
made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicants/representatives).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition of this proposal was presented by nine (9)
individuals who had the following concerns:
• If the two (2) new residential areas are approved the number of additional residents that will
be utilizing the existing pool will increase and overload the occupant capacity of the pool.
• The impact of additional traffic utilizing the collector road which passes through the
Lakemoor Subdivision.
• The traffic from the proposed residential lots will have a tremendous impact on the existing
homeowners.
• How will the general public access the park site.
• Is there a school site proposed for Area J.
• Whether the applicant will be required to obtain an approved a landscape plan prior to the
development of the proposed residential areas.
• The proposed density of the residential areas.
• With residential being permitted as loft units within the commercial area (Area D) will the
increased density impact the remainder of the development?
• The existing pool does not have enough parking to allow for the additional residential units.
• If the city does not exercise the park site(Area J)option what will be developed in the area?
• The proposed connection to Chinden Boulevard will impact the residents who currently live
adjacent to Chinden and create additional traffic impacts traveling through Lakemoor
Subdivision.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The request to convert the office and commercial area to residential is reasonable.
• The development is in conformance with the Comprehensive Plan and the existing Mixed
Use(MU)zoning designation.
• The developer is a good steward of the land.
• Supportive of all the ponds within the development.
• The applicant has done a good job addressing all the concerns of the residents of the
subdivision.
• Based on the testimony provided by residents who reside in the subdivision the
Commission indicated that the applicant should work with the residents regarding the
addition of another swimming pool and other amenities (tennis courts) that the residents
could utilize for recreation.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 3 to 0 (Tanner and Villegas absent)to recommend approval of RZ-05-02
MOD2 for a modification to the development agreement for DMB Investments, LLC, first
amended and restated development agreement (recorded as Instrument No. 107155763) with the
Seconded Amended and Restated Development Agreement as provided within their findings of
facts and conclusions of law document, dated February 4, 2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 26, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition of this proposal was presented by four (4)
individuals who had the following concerns:
• Due to the additional number of residential lots be proposed another swimming pool should
be constructed.
• The existing swimming pool needs additional vehicle parking.
• A tennis court/sports court should be constructed instead of an additional swimming pool.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 3 to 0(Butler absent)to approve RZ-05-02 MOD2 for a modification to the
first amended and restated development agreement(recorded as Instrument No. 107155763)for
DMB Investments, LLC,with the following Planning and Zoning Commission recommended
second amended and restated development agreement to read as follows:
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SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Second Amended and Restated Development Agreement (this "Development Agreement"),
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"), and DMB Investments, LLC, an Idaho limited
liability company ("Owner") Upon recordation of this Second Amended and Restated Development
Agreement, that certain Development Agreement recorded in the real property records of Ada
County, Idaho, on November 19, 2007, as instrument number 107155863 (the "First Amended and
Restated Development Agreement")shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately
178.5 acres located south of the Boise River, and east of Eagle Road, Eagle, Idaho, all as shown on
Exhibits Al and A2 ("Concept Plan") and described on Exhibit B ("Property"), which is the subject
of an application for rezone, identified as Eagle Rezone Application No. RZ-5-02 and which is
subject to an application for modification of development agreement, identified as Eagle Rezone
Modification Application No. RZ-5-02-MOD2; and
WHEREAS, the proposed development includes properties within an area that, at the time the
First Amended and Restated Development Agreement was recorded, was designated on the Land Use
Map of the Comprehensive Plan as Mixed Use and zoned MU-DA (Mixed Use with a development
agreement); and
WHEREAS, Owner desires to develop the Property for office, commercial, residential and open
space purposes as generally shown on the Concept Plan; and
WHEREAS, the City Council of Eagle has determined that the scope of any office, 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 Second Amended and Restated Development Agreement is to
protect the right of Owner to use, enjoy and develop the Property while at the same time limit any
adverse impacts of the development upon neighboring properties and the existing community and
ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City
Code; and
WHEREAS, Owner has provided a Termination Agreement and Mutual Release between DMB
Investements, LLC and Poag and McEwen Lifestyle Centers — Eagle, LLC, a Delaware limited
liability company(party to the First Amended and Restated Development Agreement)terminating the
contractual agreements between the Owner (DMB Investments, LLC) and Poag and McEwen
Lifestyles Centers—Eagle,LLC, a Delaware limited liability company(Exhibit G); and
WHEREAS, Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the Mixed Use District ("MU-DA")
zoning designation for the Property with the requirements set forth in the Original Development
Agreement as replaced by this Second Amended and Restated Development Agreement; and
WHEREAS, this Second Amended and Restated Development Agreement provides approval of a
height exception as allowed by Eagle City Code Section 8-2A-6(B)(6)(a) because this Second
Amended and Restated Development Agreement is approved in lieu of a PUD as described herein;
and
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WHEREAS,the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the First Amended and Restated Development Agreement as replaced by this Second Amended
and Restated Development Agreement is to be used in-lieu of the PUD and conditional use process;
and
WHEREAS, Owner of the Property has provided Eagle with an affidavit agreeing to submit the
Property to a development agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and the City of Eagle desire to enter into this Second Amended and
Restated Development Agreement and for and in consideration of the mutual covenants contained
herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho
Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to MU-
DA, subject to the provisions of this Development Agreement. Ordinance#510 became effective after
its passage, approval, and publication November 14, 2005, and the execution and recordation of the
First Amended and Restated Development Agreement and Ordinance #510, will continue to be
effective after the execution and recordation of this Second Amended and Restated Development
Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner, as applicable will submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by the
Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Development Agreement.
3.2 The residential Area A and F ("Carriage Home Sites") as depicted on Exhibit A2 shall be
developed by Owner in a combination of attached town homes and detached patio homes at an
approximate density of five units per acre.
Setbacks and Minimum lot size proposed for the Carriage Home Sites:
Front 15 feet
Rear 10 feet
Common Side(town home) 0 feet
Interior Side 5 feet
Additional Setback for
Multi-Story structures 5 feet
Street Side 15 feet
Minimum Lot Size 5,000 square feet
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Any reduction of lot sizes below the minimum lot size of the standard lot within the MU-DA zone
(5,000 square feet) shall require an offsetting increase of the same square footage of open space. The
specific calculation for the offsetting increase of open space and such open space shall be
incorporated into and shall be reviewed with the preliminary plat for Area A.
The residential Area B and G("Luxury Home Sites")as depicted on Exhibit A2 shall be developed
by DMB for single-family detached homes at an approximate density of two units per acre.
Setbacks proposed for the Luxury Home Sites:
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
Additional Setback for
Multi-story structures 5 feet per story
Street Side 20 feet
The residential Area C ("Custom Home Sites")as depicted on Exhibit A2 shall be developed by
Owner in single-family detached homes at an approximate density of four units per acre.
Setbacks proposed for the Custom Home Sites:
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the 2nd story wall section is designed to be
offset toward the inside of the house from the lower story so that there is"break" in the plane of the
wall sections between stories then the second story setback may be reduced by 2.5 feet.
5 feet per story-When the first and second story wall sections are designed as a flat, single plane then
the side setback shall be increased by 5 feet for a total side setback of 12.5 feet.
For the purposes of implementation of the setbacks noted herein,the first story shall have a top plate
no higher than ten feet(10').
Street Side 20 feet
The residential portion of this development proposal is recognized by Eagle and Owner as a desired
component to a mixed use development. A residential component substantially in conformance to
that depicted in the Concept Plan shall be maintained.
3.3 The Mixed Use Commercial Area D of the Property, as depicted on Exhibits A2 and A3, is
proposed to be developed by Owner with a combination of any commercial and residential_uses
allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the
MU zoning designation (except as limited in Section 3.09 below), a copy of which is attached as
Exhibit C. Buildings up to a maximum 50,000 square feet each are permitted in Area D. The
maximum height of commercial buildings shall be 50 feet; non-habitable architectural elements shall
be a maximum height of 60 feet. The setback from East Eagles Gate Road shall be a minimum of 10
feet. Multiple buildings are permitted to be located on the same lot, provided however, that the
maximum lot coverage requirements stated in Eagle City Code are not exceeded.
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3.4 Area E, depicted on Exhibit A2,may be developed similar to the commercial uses proposed to be
developed by Owner within Area D (except as limited in Section 3.09 below). If Owner does so
develop Area E, buildings up to a maximum 50,000 square feet each are permitted for this Area E and
multiple buildings are permitted to be located on the same lot, provided however, that the maximum
lot coverage requirements stated in Eagle City Code are not exceeded. The maximum height of
commercial buildings shall be 50 feet; non-habitable architectural elements shall be a maximum
height of 60 feet. If Area E does not become an expansion of the commercial uses proposed to be
developed within Area D,Area E shall be developed as provided in Section 3.5 below.
3.5 If Area E of the Property, as depicted on Exhibit A2, does not become an expansion of the
commercial uses proposed to be developed within Area D as provided in Section 3.4 above, Area E is
to be developed by Owner with a combination of any office and retail uses allowed within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation
(except as limited in Section 3.09, below), a copy of which is attached as Exhibit C. An assisted
living facility shall be a permitted use within Area E. Buildings up to a maximum of 50,000 square
feet each are permitted for this area. This square foot limitation does not apply to Fitness/Indoor
Recreation Facilities, Education Facilities, and Hotels. The maximum height of Hotels and Office
Buildings shall be 50 feet; non-habitable architectural elements shall be a maximum height of 60 feet.
Multiple buildings are permitted to be located on the same lot, provided however, that the maximum
lot coverage requirements stated in Eagle City Code are not exceeded.
3.6 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3, 3.4,
and 3.5 as allowed by Eagle City Code Section 8-2A-6(B)(6)(a) based on the Site Development ,
Architectural and Landscaping Design Guidelines, defined below, substantially in compliance with
Exhibit E, attached hereto and incorporated herein by reference, and the Design Guidelines
Commercial, defined below, substantially in compliance with Exhibit F, attached hereto and
incorporated herein by reference.
3.7 The total square footage of building area for retail uses allowed in Eagle City Code Section 8-2-3
within this development shall not in the aggregate exceed 330,000 square feet.
3.8 The Mixed Use Corporate Campus Areas H and I of the Property, as depicted on Exhibit A2, are
to be developed by Owner with a combination of any office and commercial uses allowed within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning
designation (except as limited in Section 3.09, below). These areas are encouraged by Eagle to be
developed by Owner with apartments or multi-family dwellings,with a maximum density of up to 16-
units per acre. 15% open space within Areas H and I will be required if developed as multi-family
residential. However, the use of Areas H and I as indicated on the Concept Plan (office) is approved
as part of this Development Agreement. A change in the development of these Areas from office to
multi-family residential (as encouraged herein) will not require a modification to this Development
Agreement. This change may be considered at the time a design review application is made for these
Areas.
3.9 All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C,
shall be considered permitted uses. All uses shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"a copy
of which is attached as Exhibit C, shall require a conditional use permit, except the residential
portions of the Property described in Section 3.2 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 on the Property:
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Residential, Mobile Home(Single Unit);
Residential, Mobile Home(Single Unit Temporary Living Quarters;
Residential, Mobile Home Park;
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).
However, if the permitted and conditional uses in the MU zoning designation are expanded, such
expanded uses shall be allowed as permitted or conditional uses as the case may be.
3.10 Except for the limitations and allowances expressly set forth above and the other terms of this
Development Agreement, the Property can be developed and used consistent with the Mixed Use
District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations",a copy of which is attached as Exhibit C.
3.11 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 Site Development, Architectural and
Landscaping Design Guidelines attached as Exhibit E or Design Guidelines Commercial
attached as Exhibit F,as applicable, approved with this Development Agreement.
3.12 All development within Areas A through C and F through I, as depicted on Exhibit A2, shall be
consistent with the Site Development, Architectural, and Landscaping Design Guidelines ("Design
Guidelines") attached hereto as Exhibit E and generally consistent with the Concept Plan attached
hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on Exhibit
A2, shall be consistent with the Design Guidelines Commercial attached hereto as Exhibit F and
generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. The Concept
Plan attached hereto indicates the general nature and relative location of certain elements for the
Property. The intent of this Development Agreement is to allow sufficient flexibility at the time of
detailed planning and platting while still maintaining the general intent of the Concept Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be clarified
during the platting and design review application processes. However, the streetscape as shown on
the concept plan (the round-abouts, center islands, and street trees) shall be required design elements
as part of the final design for the site and the open space for Area D and Area E shall be 25% in the
aggregate, and open space for Area F and G shall be a minimum of 25% in the aggregate, and open
space in Area H and Area I (subject to Section 3.9 above) shall be 25% in the aggregate. For the
purpose of this Development Agreement, open space shall be defined as all areas other than buildings,
parking lots,roadways, and individual residential lots within Areas A, B, C,F, and G.
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3.13 Applicant agrees all development and improvement of the Property shall comply with applicable
rules and regulations pertaining to regulated wetlands.
3.14 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code.
3.14.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size)may be used for
flood water holding capacity and the area therein may be used as part of the site's no net loss
calculation if the area is included within the corporate limits of the City of Eagle and is
subsequently approved as part of the floodplain development permit pursuant to Title 10 of the
Eagle City Code for the overall development.
3.15 Owner shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a
one hundred-foot (100') wide landscape area (not including right-of-way) along the portion of the
Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk
required herein to the existing sidewalk located along Eagle Road approximately three hundred feet
(300') south of the southwest corner of the Property was addressed as a part of the preliminary plat
application for the Property.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6 a minimum ten (10) foot wide public asphalt pathway in a landscaped strip located within the
Chevron Pipeline easement, the design and landscaping for which shall be reviewed and approved by
the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the
pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement
or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code
Section 9-4-1-6:E.2, upon recordation of the final plat(s)wherein the pathway is located
3.17 Owner shall provide bus stops as may be recommended by Eagle.
3.18 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The parking areas depicted on the Conceptual Plan for Area D depicted on
Exhibit A3 are not considered to be concentrated between the buildings and Eagle Road. The side of
any buildings facing Eagle Road shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.19 Owner shall keep and maintain for use on the Property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all landscaped
areas on the Property. In the event that Owner desires to transfer, sell or convey any excess water
rights (that is, water rights not necessary to provide an adequate source of irrigation water for the
landscaped areas on the Property), Owner shall first submit to Eagle reasonable written evidence that
such water rights proposed for transfer are not necessary to provide an adequate source of irrigation
water for the landscaped areas on the Property, including Areas D and E, and reasonable written
evidence of the agreement to purchase said water rights by a third party purchaser and the price and
complete terms agreed to be paid therefor. Eagle shall have forty-five (45) days after receipt of said
notice within which to elect, in writing, to purchase such water rights upon the same terms which
Owner is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle
on such terms and conditions, each party being bound thereby. In the event Eagle shall not have
given written notice of its intent to purchase the water rights within the said forty-five (45) day
period, the first right of refusal created hereby shall terminate and Owner shall be entitled to sell its
water rights free of any right or claim of right by Eagle. Owner shall have no obligation to Eagle
hereunder in the event Owner sells,transfers or conveys any such excess water rights to any person or
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entity affiliated with Owner. As used herein, an affiliated person or entity is one which owns, is
owned by, or shares any common ownership with Owner.
3.20 Subject to the conditions and limitations set forth herein, Owner shall provide a park site along
the eastern boundary of the Property in Area J as generally depicted in Exhibit A2 attached hereto
(hereinafter "Park Site") which Park Site is to be developed, owned and maintained by and at the
expense of Eagle. Owner's obligations to provide said Park Site shall be fulfilled as follows:
A. Upon recordation of a final plat of any portion of the Property, Owner shall enter into an
agreement to lease the Park Site to Eagle for use as a public park or for other public purposes
reasonably acceptable to Owner, such purposes and terms to be specified in the lease agreement.
Said lease agreement shall include, among other provisions acceptable to Owner and Eagle, a
provision permitting Owner to use and occupy the Park Site for grazing or other uses not
inconsistent with this Development Agreement and Owner's development project until such time
as Eagle is prepared to fully develop the public facilities thereon.
B. Upon completion of a road or roads constructed to ACRD standards by Owner to provide
public access to the Park Site, Owner shall dedicate the Park Site to Eagle,which such dedication
shall be subject to the following restrictions and reservations:
1. The Park Site shall be restricted for use only as a public park and shall act as a non-
residential buffer for Boise City's waste water treatment facility and any expansions thereof,
located easterly of the Property.
2. Dedication of the Park Site shall be subject to all reservations, restrictions and easements
established of record or by use upon the Premises. Subject to the provisions of subparagraphs
4 and 5 below, (a) no such reservations, restrictions and easements made by Owner shall
impair the future use of the Park Site by Eagle as described in this Development Agreement;
and (b) the Park Site shall not be made subject to any restrictive covenants Owner may
impose upon any other portion of the Property.
3. Eagle shall obtain Owner's written approval for any and all improvements to be made to
the Park Site prior to the commencement of construction or installation thereof, such approval
not to be unreasonably withheld or delayed over thirty(30) days from the date sent to Owner.
Failure of the Owner to respond to the City within the 30-day period is deemed as approved
by the Owner.
4. The dedication shall be subject to a reversionary interest in Owner in the event that at least
fifty percent(50%) of the total area of the Park Site has not been developed for use as a park
or other public purposes reasonably acceptable to Owner within five (5) years after the date
of dedication thereof to Eagle. Once fifty percent (50%) of the total area of the Park Site has
been developed,the reversionary interest is extinguished.
5. The dedication shall be subject to a reservation of a public road right-of-way of up to 100
feet in width along the southerly boundary of the Park Site as generally depicted in Exhibits
Al and A2 attached hereto for a public road connection to the east.
C. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use
approved by Owner pursuant to the provisions of subparagraph B.3., above, prior to the
completion of construction of a public road as described in subparagraph B, above, Eagle may so
advise Owner thereof in writing and Owner shall dedicate to Eagle the portion of the Park Site
which Eagle intends to develop and shall provide Eagle a temporary easement for access thereto,
subject to the following:
1. The location of the temporary access easement shall be reasonably determined by DMB.
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2. Owner shall, within 120 days of Eagle's request therefor, weather permitting, rough grade
a 20 foot wide temporary roadway in the temporary easement area. Eagle shall be
responsible for all other necessary roadway improvements as may be approved by Owner,
such approval not to be unreasonably withheld.
3. Eagle shall be responsible for the maintenance and repair of the temporary roadway and
shall provide for dust abatement thereon.
4. Owner may, at Owner's cost, relocate the temporary roadway, provided that such
relocation shall not materially interfere with access to the Park Site.
5. The temporary easement, or any unnecessary portions thereof, shall terminate as
construction of a public road providing access to the Park Site is completed.
6. Eagle shall defend, indemnify and hold Owner and its directors, officers, agents,
employees, successors and assigns harmless from any and all claims, actions, causes of
action, damages or liabilities of any description ("Claims") arising out of or in any manner
connected with the use of the temporary easement and roadway, except Claims arising out of
the intentional or willful misconduct of Owner and its directors, officers, agents, employees,
successors and assigns.
D. Owner's dedication of the Park Site shall include any and all water rights and/or water shares
or certificates evidencing the same,which are appurtenant to the Park Site,the amount or number
of which shall be calculated on a proportionate basis with the rights appurtenant to the Property;
provided that Eagle shall be responsible, at Eagle's sole cost and expense,to(a)deliver irrigation
water to Owner's property at the western boundary of the Park Site at such locations as may be
required for the continued flood irrigation of Owner's property, it being understood and
recognized that Owner presently has a right to receive irrigation water at three locations along the
eastern boundary of the Park Site and, unless otherwise agreed, will require delivery of irrigation
water at three locations westerly thereof in the locations depicted on Exhibit D attached hereto;
and (b) to take such action as may be required in order to prevent irrigation and other surface
water from flowing, migrating or draining onto Owner's property located westerly of the Park
Site. Owner shall not sell or otherwise transfer any water rights/shares appurtenant to the Park
Site prior to its dedication to Eagle nor shall Owner impair or impede the existing works which
deliver irrigation water to the Park Site.
E. To the extent permissible under the law, Owner shall be entitled to claim any available income
tax benefits which may arise out of Owner's donation (and, if applicable, development) of the
Park Site as set forth herein, and Eagle shall cooperate with Owner in seeking any such tax
benefits.
F. In the event Eagle shall desire to develop the Park Site(or a portion thereof) for a use approved
by Owner pursuant to subparagraph B.3., above, Owner shall, within 120 days of Eagle's request
therefor, weather permitting, provide rough grading and general contouring in conformance with
such approved plans on a phase by phase basis as the Park Site is developed. Nothing contained
herein shall be construed to require Owner to construct any improvements beyond rough grading
and general contouring, including but not limited to irrigation or drainage facilities nor shall
DMB be obligated to import any material to the Park Site in order to perform such rough grading
and general contouring.
3.21 Considerations specifically regarding gravel extraction operations and stub streets to adjacent
properties will be addressed as part of the City's review of any preliminary and final plat applications
for the Property.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held from 6:00 PM to 8:00 PM, Thursday,November 15, 2012, in
compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on November 29,2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on January 7, 2013. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements
of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 11, 2013. Requests for
agencies' reviews were transmitted on December 3, 2012, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 11,
2013.
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on February 11, 2013. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements
of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 8, 2013. The site was
posted in accordance with the Eagle City Code on February 14, 2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-05-02 MOD2)with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement) is in
accordance with the Mixed Use designation shown on the Comprehensive Plan Land Use
Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that public facilities exist to serve any and all uses allowed on
this property under the zone.
c. The MU-DA (Mixed Use with a development agreement) zone has previously been
determined to be compatible with the zoning and land uses to the south, north, west and
east; and
d. The land is not located within a"Hazard Area"or"Special Area" as described within the
Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
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DATED this 12th day of March,2013.
CITY COUNCIL
OF THE CITY OF EAGLE
• •a County, Idaho
AS)' ,,,,,,,,,, .,
es D. Reynolds, ayo L•`� F O tt T �•
P
ATTEST: : * : •— •
P L. ,°S
-1. SEA1 o e
A.A. , =(..�I1Li��F --_ J>,•• k."OR A\••• ∎� •
Sharon K. Bergmann,Eagle City C -rk �''•,4 T••••••`ve'.sss
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code,to request a
regulatory taking analysis
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