Findings - CC - 2016 - RZ-05-02 MOD5 - Reconsideration Of Cc Decision To Deny The Da Mod In Lieu Of Pud For Lakemoor DevelopBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF A RECONSIDERATION )
OF THE CITY COUNCIL'S DECISION TO DENY )
THE DEVELOPMENT AGREEMENT MODIFICATION )
(DEVELOPMENT AGREEMENT IN LIEU OF A )
PUD) FOR THE LAKEMOOR DEVELOPMENT )
FOR HAWKINS COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-02 MOD5
The above -entitled reconsideration of the City Council's denial of a rezone modification application came
before the City Council on October 25, 2016. A public hearing was conducted at which time public
testimony was taken and the public hearing was closed. The Eagle City 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:
Hawkins Companies, represented by Christian Samples, is requesting a development agreement
modification to update the Concept Plan associated with Area "D" (identified in the overall site
plan [Exhibit A2] contained within the executed development agreement — instrument
#113103020) of the Lakemoor development, modify the commercial guidelines, and create a
stand-alone development agreement for the site. The 25.58 -acre site is located at the southeast
corner of East Colchester Drive and South Eagle Road approximately one-third mile north of
Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 16, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
August 29, 2016. 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 August 29, 2016. The site was posted in
accordance with the Eagle City Code on September 2, 2016.
Notice of Public Hearing for the Eagle City Council's reconsideration of the application was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 10, 2016. 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 October 7, 2016. The site was posted
in accordance with the Eagle City Code on October 12, 2016.
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.
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
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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).
On February 26, 2013, the City Council approved a development agreement modification to
convert two (2) commercial areas (Areas F and G) to single -family residential, address the
setbacks within Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the
development agreement, and allow for an assisted living facility as a permitted use within Area E
(RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330-lot
(231 buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1
well lot) residential subdivision for DMB Investments, LLC (PP-03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for
DMB Investments, LLC (FP-04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for
DMB Investments, LLC (FP-07-13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for
DMB Investments, LLC (FP-08-15).
On February 23, 2016, the City Council approved a modification to the development agreement
for William Shultz (RZ-05-02 MODS).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial
Subdivision for Hawkins Companies, LLC (FP-02-16).
On August 9, 2016, the City Council approved a rezone with development agreement,
development agreement modification, (development agreement in lieu of a PUD), and a
preliminary plat modification for a 409-lot (existing platted 223 residential, 14 commercial, and
21 common [7 private road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18
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common lots [3 private street lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-
03-16/RZ-05-02 MOD4 and PP -03-05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification
(development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MOD5).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their
decision to deny the development agreement modification (development agreement in lieu of a
PUD). The City Council directed staff to provide public notice for a reconsideration public
hearing regarding the development agreement modification (development agreement in lieu of a
PUD) to occur on October 25, 2016 (RZ-05-02 MOD5).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 178.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on August 16, 2016, and incorporated
herein by reference (attached to the staff report).
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in
(PUD) consisting of Office,
lieu of a PUD)
Commercial, and
Residential (Lakemoor
Subdivision)
Proposed
No Change
No Change
Modify the development
agreement associated with
the commercial area.
North of site
Residential Two (up to
R -E -DA -P (Residential up
Laguna Pointe
two dwelling units per
to one unit per two acres
Commercial/Residential
acre maximum) and
with a development
Subdivision
Mixed Use
agreement, PUD), R -2 -DA-
P (Residential up to two
units per acre with a
development agreement,
PUD), and MU -DA (Mixed
Use with a development
agreement)
South of site
Residential One (up to
R-1 (Residential)
Single-family residences
one dwelling units per
acre maximum)
East of site
Not in Eagle Area of
RUT (Residential — Ada
Boise City Wastewater
Impact
County designation)
facility
West of site
Residential Two (up to
R-2 (Residential up to two
Rural Residences &
two dwelling units per
units per acre) & R -2-P
Banbury Meadows
acre maximum)
(Residential up to two units
Subdivision
per acre, PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 178.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on August 16, 2016, and incorporated
herein by reference (attached to the staff report).
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J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
K. NON -CONFORMING USES: None are apparent on the site.
L. AGENCY RESPONSES:
The following agencies have previously responded with the previous application (RZ-05-02
MOD2) and their correspondence is attached to the staff report and incorporated herein by
reference:
Central District Health
Chevron Pipe Line Company (CPL)
Eagle Fire
Middleton Irrigation Association and Middleton Mill Ditch Co
Republic Services
Ringert Clark
M. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
• The Comprehensive Plan Land Use Map currently designates this site as:
Mixed Use
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, 8-1-2: Rules and Definitions:
COMMERCIAL ENTERTAINMENT FACILITIES: An establishment which is generally
related to the entertainment field, the principal business of which is not the sale of alcoholic
beverages.
HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests.
Hotels typically have eating and drinking service and a dining room where meals are served.
MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000)
barrels of beer and ale a year and frequently selling its products on the premises. Also called
boutique brewery, brewpub. Tasting rooms for the consumption of onsite produced beer is
permitted on the premises.
RETAIL SALES:
A. General: The retail sale of merchandise not specifically listed under another use
classification. This classification includes department stores, clothing stores, video stores,
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and furniture stores, and businesses retailing the following goods: toys, hobby materials,
handcrafted items, jewelry, cameras, photographic supplies, electronic equipment,
records, sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies
and services, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles,
and new automotive parts and accessories (excluding services and installation).
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering,
new automotive parts and accessories and similar uses.
WINERY: An establishment for the manufacture or bottling of wine. A winery may include,
but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms,
laboratories, sale of wine, processing structure, and offices.
• Eagle City Code, Section, 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
Maximum
Front
Reaz
Interior
Street
Maximum
Minimum Lot Area
Minimum Lot
District
Height
Side
Side
Lot
(Acres Or Sq. Ft.)
Width
Covered
MU 35' 20' 30' 7.5' 20' 50% 5,000 -square feet 50'
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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 of 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.
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.
3.9 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:
Residential, Mobile Home (Single Unit);
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❑ 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
0 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.
3.12 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.
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.
3.18 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
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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 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.
D. DISCUSSION:
A previously approved development agreement modification (RZ-05-02 MOD) submitted by
DMB Investments, LLC, and Eagle Lifestyle Center, LLC, included a concept plan and
development agreement with the commercial area of the site being developed with a lifestyle
center located adjacent to Eagle Road. The lifestyle center was proposed to be developed by
Eagle Lifestyle Center, LLC. On June 19, 2007, the City Council approved the application
with specific conditions to be included within a development agreement. Due to a downturn
in the economy shortly after the approval the lifestyle center was not constructed. On
February 26, 2013, the City Council approved a development agreement modification to
remove Eagle Lifestyle Center, LLC, from the development agreement, and allow for an
assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
The applicant for the subject application will be the developer of the Area "D" (identified in
the overall site plan [Exhibit A2] contained within the executed development agreement —
instrument #113103020) of the commercial area and is requesting a modification to the
development agreement associated with that area. The applicant has submitted the subject
application (RZ-05-02 MOD5) to update the Concept Plan associated with Area "D"
(identified in the overall site plan [Exhibit A2] contained within the executed development
agreement — instrument #113103020) of the Lakemoor development and modify the
commercial guidelines. The subject property is zoned MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]). The subject property is included in the
development agreement associated with rezone application number RZ-05-02 and subsequent
modifications, which is associated with the Lakemoor development. DMB Investments,
LLC/B.W. Eagle, Inc., (developer of the Lakemoor development) recently received approval
of a development agreement modification (RZ-05-02 MOD4) for a residential and
commercial project to be located on the adjacent property which will create a stand-alone
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development agreement for the adjacent site and remove any reference to the subject property
(Area "D") from the Conditions of Development associated with the development agreement
associated with rezone number RZ-05-02.
• With this application and development agreement, the applicant is requesting the following:
1) A commercial amendment to the Second Amended and Restated Development
Agreement (Instrument #113103020)
2) Add PMAASP Stephens Lakemoor, LLC, as an owner to the subject area of the
development
3) Recognize commercial entertainment facilities (indoor), hotel, microbrewery, retail sales
(general), retail sales (limited), restaurant (with drive-through)(up to three [3]) and
winery as permitted uses.
4) Provide for a maximum height exception of 65 -feet for hotels and 50 -feet (habitable areas)
and up to 60 -feet for non -habitable architectural elements.
5) Increase the maximum size of buildings to 50,000 -square feet/tenant. Exclude
fitness/indoor recreation facilities, education facilities, hotels, or office buildings from the
square footage limitation.
6) Allow for interior property line setbacks of 0 -feet; and
7) Providing Commercial Design Guidelines for Developers Property (Exhibit 1).
A development agreement allows a development to overcome certain obstacles or provide
innovative solutions that the ordinance may not be flexible enough to allow.
Request #1
The applicant has provided a Commercial Amendment to Second Amended and Restated
Development Agreement, date stamped by the city on August 16, 2016. DMB Investments,
LLC/B.W. Eagle, Inc., recently received approval from the Council of RZ-05-02 MOD4, to
void the Second Amended and Restated Development Agreement and replace it with a Third
Amended and Restated Development Agreement. As previously discussed in regard to a
stand-alone development agreement, staff will recommend that the subject application be
created as a stand-alone Third Amended and Restated Development Agreement associated
with subject property and the current owner. Since a Third Amended and Restated
Development Agreement (associated with the subject site) will be created, the numerical
order of the Conditions of Development will change based on the new amended and restated
document.
Request #2 and #5
Staff is supportive of these requests based on previous approvals associated with the subject
rezone (RZ-05-02).
Request #3
Condition of Development #3.3 within The Commercial Amendment to Second Amended
and Restated Development Agreement, provided by the applicant, date stamped by the city on
August 16, 2016, identifies a few uses as permitted uses. A portion of those uses requires a
conditional use permit within the MU (Mixed Use) zoning district pursuant to Eagle City
Code Section 8-2-3. Also, the Restaurant (with drive-through) use is a prohibited use within
the MU (Mixed Use) zoning district. The development agreement for this development was
used in lieu of a planned unit development (PUD). Development Agreements are a
discretionary tool used by the Council as a condition of rezoning and allow a specific product
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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. Within a PUD, up to ten percent (10%) of the
gross land area may be directed to other commercial, office, public and quasi -public uses that
are not allowed within the land use district, provided that there is a favorable finding by the
City Council. The applicant provided a Master Site Plan, date stamped by the city on August
16, 2016, that identifies drive-through uses located on the west elevation of Shop 1 and at the
southwest corner of the site on Pad 5. The Master Site Plan does not identify the type of
drive-through (i.e. bank, restaurant, etc.) proposed at these locations. Staff is supportive to
allow for one (1) restaurant (with drive-through) to be permitted on-site and believes the
Council can make a favorable findings pursuant to Eagle City Code 8-6-4 to allow for the
use. In regard to allowing an additional restaurant (with drive-through) on the subject site,
staff has not concluded that favorable findings (pursuant to Eagle City Code, Section 8-6-4)
can be affirmed, however, staff will defer this matter to the City Council. In regard to the
drive-through lane associated with a restaurant (with drive-through) the drive through lane
should be screened so that the headlights from vehicles utilizing the drive-through are
screened from view. A new condition of development should be added to the development
agreement requiring that any building with a proposed drive-through should be designed in
such a way as to compliment the overall character of the development and design styles
exceeding the standard utilitarian look of a building with a drive-through should be required.
The applicant should also provide a minimum forty-eight inch (48") high berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping,
or combination thereof within the buffer area adjacent to the drive-through lane to reduce the
impact of the vehicles utilizing the drive-through lane (i.e. vehicle headlights and vehicle
cueing).
Staff is supportive of the commercial entertainment facilities (indoor), hotel, microbrewery,
retail sales (general), retail sales (limited), and winery uses being recognized as permitted
uses since the hotel and retail uses were permitted uses within the previously executed
development agreement and the commercial entertainment facilities (indoor), microbrewery,
and winery will provide a convenience for residents located in proximity to the site.
Request #4
The executed development agreement associated with the site (instrument #113103020)
recognizes a height exception of 50 -feet maximum. The applicant is requesting a height
exception of up to 65 -feet maximum for a hotel. The Master Site Plan, date stamped by the
city on August 16, 2016, shows a hotel pad site located adjacent to the southern boundary of
the site in proximity to the collector currently under construction. Staff is supportive of the
request based on the proposed location shown on the Master Site Plan since it will be
surrounded by other commercial uses which will provide a buffer from the residential areas
located in proximity to the proposed location.
Request #6
The applicant's request to reduce the interior side setback from 7.5 -feet (1 -story) / 12.5 -feet
(2 -story) to 0.0 -feet is consistent with the development of commercial buildings that are
attached to each other and have separate ownership. The proposal also allows for additional
area be set aside for parking due to the commercial buildings being attached. Staff
recommends that the interior lot lines have a 0.0 -foot setback. The following setbacks shall
apply:
Front 20 -feet
Rear 20 -feet
Side (interior) 0 -feet
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Street Side 20 -feet
Maximum Coverage 5001c
Request #7
The applicant is requesting to modify the existing Design Guidelines (Areas D & E). The
Design Guidelines (Areas D & E) were associated with the previously approved Eagle
Lifestyle Center. The applicant has submitted Commercial Design Guidelines for Developer's
Property, date stamped by the city on August 16, 2016, with their requested modifications to
the Design Guidelines (Areas D & E) shown with underline text to be added and strike
through text to be deleted. Staff is supportive of the applicant's request and has provided a
Commercial Design Guidelines with staff's recommended modifications (attached hereto) to
the applicant's Commercial Design Guidelines for Developer's Property with underline text
to be added and strike through text to be deleted.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
development agreement modification. Staff recommends that a Third Amended and Restated
Development Agreement (PMAASP Stephens Lakemoor, LLC) be executed with the conditions of
development to be placed in the development agreement as shown within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing for the reconsideration of the application was held before the City Council on
October 25, 2016, at which time the applicant presented a PowerPoint presentation addressing the
Council's concerns expressed at the public hearing on September 27, 2016, public testimony was
taken, and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by seven (7) individuals
(not including the applicant/ representative) who indicated the following:
• It will be convenient to have retail shops and restaurants in close proximity to the residential area.
They also support the proposed restaurants with drive through.
• The proposed development will be an amenity to the adjacent residential development. The
individuals also look forward to having additional options for dining.
• The proposed development will contain a good mix of businesses.
• The city has high design standards and the applicant is required to conform to those design
standards.
• They look forward to the possibility of a specialty grocery store being located at this location.
• Concerned with the number of businesses relocating to Boise or Meridian and supports offices at
the proposed location to keep the businesses in Eagle.
• The proposed development will allow businesses and jobs to remain in Eagle.
• Certain restaurants will not locate in an area without a drive through.
• The applicant has made compromises to address the neighbor's concerns. The applicant may
consider moving buildings "H" and "G" interior to the site to address the line of sight concerns
expressed by the neighbors.
• The city needs a specialty grocery store and an additional hotel.
• The applicant has reduced the proposed number of commercial uses from what was previously
approved.
• East Colchester Drive was constructed as a collector in order to handle the traffic from the
residential and commercial areas of Lakemoor Subdivision.
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C. Oral testimony in opposition to the application was presented to the City Council by twelve (12)
individuals who indicated the following concerns:
• Their home purchase within Lakemoor was based on the previously approved plans for the
commercial areas.
• The applicant should be required to provide additional buffering to the adjacent residential areas.
• The proposed commercial area will cause traffic impacts to the existing roads located within the
development.
• The original commercial village proposal was more acceptable than the current proposal.
• Restaurants with drive through are not compatible with the residential uses in the area.
• The previously approved commercial development was designed to be more compatible with
Eagle's style of development.
• Due to the permitted height of the buildings they will impact the residential neighborhoods
located adjacent to the site.
• Restaurants with drive through should not be located within the development.
• The office building currently being constructed onsite is an eyesore.
• The proposed development was previously approved to contain boutique stores.
• The larger buildings should be located more internal to the site.
• The parking lot lighting will cause light pollution within the adjacent residential neighborhoods.
• If buildings "H" and "G" as shown on the concept plan are constructed to be 50 -feet in height it
will have a detrimental effect on views from the adjacent residential neighborhoods.
• The commercial development as proposed will have a negative effect on the property values of
the adjacent residential homes.
• The applicant should be required to provide a landscape buffer located adjacent to East
Colchester Drive.
• Based on the design of the parking areas pedestrians will not be safe to walk within the
development.
• The proposed layout of the commercial area lacks creativity.
• The office building currently being constructed should have never been approved.
• The traffic in the area currently travels too fast and it is difficult to exit onto Eagle Road from
East Colchester Drive.
• The proposed restaurants with drive through will create additional traffic in the area.
• The proposed uses will create additional traffic that will over burden Colchester Drive.
D. Oral testimony neither in favor of or in opposition to the application was presented to the City
Council by five (5) individuals who indicated the following:
• The applicant has made compromises to address the neighbor's concerns.
• The hours of operation for the restaurants with drive through should be limited.
• The permitted height of the buildings should be reduced.
• A movie theater should not be permitted.
• The commercial area should contain additional ingress/egress locations.
• Additional berms and landscaping should be provided adjacent to East Colchester Drive.
• The taller buildings should be moved to the center of the development.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION
RECONSIDERATION:
The Council voted 3 to 1 (Preston against) to approve RZ-05-02 MOD5 for a modification to the second
amended and restated development agreement (recorded as Instrument No. 113103020) for the Lakemoor
development for Hawkins Companies with the following staff recommended conditions of development
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to be placed in a Third Amended and Restated Development Agreement (PMAASP Stephens Lakemoor,
LLC) with underline text to be added by the Council and strike through text to be deleted by the Council:
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 Concept Plan (Exhibit B) represents the Owner's current concept for completion of The
Bridges at Lakemoor, a mixed use/commercial project. As the Concept Plan evolves, the City
understands and agrees that certain changes in that concept may occur. If the City determines that
any such changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in the
Concept Plan, notice shall be provided as may be required by the City.
3.3 Owner shall have the duty to maintain and operate all of the common landscape areas in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees, in accordance with Eagle City Code, in perpetuity.
3.4 Owner shall have the duty to maintain and operate all of the drive aisles and parking areas
including the repair and replacement of asphalt and sidewalks.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and
all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
■ Commercial Entertainment Facility (Indoor)
■ Hotel
■ Microbrewery
■ Retail Sales (General)
■ Retail Sales (Limited)
■ Winery
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:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
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■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive, Mobile Home, Travel Trailers, and/or Farm Implement Sales
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies/Stables;
■ Small Engine Repair;
■ Storage (fenced area);
In addition, the a Restaurant (with drive tw ) e (shown ,.t Shops , en the n___ -_t rn__
Exhibit B)_u,hieh : pr-ehibited within said see fien „f Eagle City Cede and en the entire „_----1
as noted abeve shall be peErnitted no more than one (1) Restaurant (with drive through) shall be
permitted on the area west of the center drive aisle running north to south on the Property, which
areas are is depicted on the Concept Plan (Exhibit B) Such restaurant (with drive through) shall
be associated with a fast casual restaurant or coffee shop
3.5.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty-
eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-thru lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and
vehicle cueing).
3.6 Buildings up to a maximum 50,000 square feet foot footprint per tenant are permitted. The square
foot limitation does not apply to fitness/indoor recreation facilities, education facilities, hotels, or
office buildings. The total square footage of building area for retail uses within Property shall not
exceed 200,000 -square feet.
3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural
elements shall be a maximum height of 60 -feet. The maxiffmm height „f ., hotel use h „ be 65
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.
3.8 All development on Property shall be consistent with the Commercial Design Guidelines
(Exhibit D), attached hereto and incorporated herein by reference.
3.9 Owner agrees all development and improvements of the Property shall comply with applicable
rules and regulations pertaining to regulated wetlands.
3.10 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The parking areas depicted on the Concept Plan depicted on Exhibit
B 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.
3.11 Owner shall construct a 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.
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3.12 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, 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 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.
3.13 Owner shall work to identify and implement strategies to further reduce the line of sight of
buildings "H" and "G" (i.e. relocate buildings internal to the site or provide bermin and/or
landscaping) from the residential area. The strategies shall be reviewed and approved by the
Design Review Board at the time of submittal of a design review application associated with
buildings "H" and "G" and will only be reviewed and approved by the City Council in the event
the Design Review Board is not able to address the line of sight concern
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-05-02 MOD5) 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 in lieu of a PUD)
is in accordance with the Mixed Use designation shown on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that public facilities exist, or are expected to be provided, to serve all uses
allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone
and land use to the north since a portion of that area will be developed with commercial buildings
and the remaining area contains residential homes which are currently buffered from East
Colchester Drive and the proposed development;
d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-1 (Residential) zone and land use to the south since that area will be
developed in a similar manner;
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-2 (Residential) and R -2-P (Residential — PUD) zone and land use to the
west since SH -55 (Eagle Road) is located between the proposed development and the adjacent
properties located to the west;
f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone
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and land use to the east since that area is developed with residential homes and the applicant is
required to take the necessary steps, as conditioned herein, to address the line of sight concerns as
expressed by the adjacent neighbors;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Eagle Comprehensive Plan and at the time of development the applicant will be
required to address any concerns associated with development in these areas;
h. No non -conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. That the proposed time schedule for the development of the site will occur in a timely manner.
The proposed construction and development will occur into 2017.
b. That the applicant provided documentation to show that it has sufficient control over the land, and
the financial means, to initiate the proposed development plan within one year after City Council
approval.
Hawkins Companies and DMB Investments LLC and/or its affiliates own the subject property
and Hawkins Companies will purchase the remaining portion of the property towards the latter
part of November.
That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
The proposed commercial area will provide a variety of office, retail, and restaurant options for
the residents of Eagle that will support existing Eagle businesses and new commercial
development within the Lakemoor Community; providing additional tax revenue and
employment opportunities.
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use not change the essential character of the same area.
The proposed Bridges at Lakemoor is designed to provide less of an impact than the previously
approved development for the site. The architecture will be aesthetically pleasing and will
complement the area and be compatible with existing developments.
e. That this development will not be hazardous or disturbing to existing or future neighborhood
uses.
The applicant is required to move the larger buildings further into the site or provide a landscape
buffer and/or berm to be located between the building and the adjacent residential areas.
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development will not create any conditions that will be detrimental to the community. The
development is designed to provide a mix of commercial uses. Upon execution of the
development agreement the development meets the requirements of the rezone modification and
the goals of Eagle's Comprehensive Plan. The Lakemoor development will have two (2)
ingress/egress access points to SH -55 (Eagle Road) upon the completion of Eagles Gate Drive.
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g. That this development be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
The initial construction of the development provides connection to all essential infrastructure and
is presently served by the Eagle Sewer District, Suez Water, Idaho, Idaho Power and
Intermountain Gas, including redundant communication service, (i.e. Century Link and Cable
One). Eagle Fire District has approved the project. Collector roadways within Lakemoor have
been constructed or are being constructed to make connections to SH -55 (Eagle Road). West Ada
School District and will receive tax revenues from the development.
h. That this development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and the cost of those services and
improvements are borne by the developer at no expense to the public. The public facilities and
services to be located within the proposed new phases of the development will also be installed
by the developer and the cost of those services and improvements will be borne by the developer
at no expense to the public. Tax revenues generated by this development will contribute to
services such as schools, police and fire protection.
i. That this development provides for a park, ponds, open areas, areas of special interest, floodplain
and any other special features in the proposed development.
This portion of the development includes landscaped pedestrian gathering areas with internal
pathways to create a walkable community. Existing waterways will be enhanced and created to
create an amenity for individuals patronizing the commercial areas. The development contains
ponds that provide opportunities for fish habitat.
j. That the vehicular approaches to the property be designed to not create an interference with
traffic on surrounding public thoroughfares.
Access to the development will occur at two connections to SH -55 (Eagle Road) with a traffic
signal at Colchester Drive and a right-in/right-out at Eagles Gate Drive. The development has
received approval from both the Idaho Transportation Department and the Ada County Highway
District.
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The site contains ponds and wetlands which will be enhanced during the construction of the
development. No historic features were noted.
1. That the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of the Eagle Comprehensive Plan.
The proposed development is in accordance with the Eagle Comprehensive Plan which calls for
mixed use for the development of the property.
in. That the proposed development be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The applicant has requested approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and the application satisfies those requirements as well as will be required to
meet the conditions herein. In addition, the applicant will be required to submit a design review
application and comply with all Eagle City Codes and conditions of approval of the design
review. The proposed development will include a mix of commercial uses.
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n. That the benefits derived from various land uses and interrelationship with the surrounding area
for the proposed development justifies the deviations from standard district regulations;
The overall Lakemoor development provides a unique opportunity of a mixed-use development
with a variety of residential neighborhoods with gated private streets that will provide peaceful
and quiet enjoyment for the residents along with the commercial development that will provide
services within walking distance for the surrounding neighborhoods. Deviations from standard
district regulations, (i.e. reduced lot size, reduced setbacks and increased lot coverage) provide
for an opportunity to provide a wide variety of residential housing types within Lakemoor while
providing increased open space within Lakemoor and for the overall community.
o. That all public services will be provided for the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
Much of the overall required infrastructure is built within Lakemoor and funded entirely by the
developers, such as collector roadways, sanitary sewer mainlines, domestic waterlines, pressure
irrigation, electrical power and natural gas and communication services. The developers are also
required to provide a public park to be developed with a parking area, ponds, and a greenbelt
pathway as conditioned herein. Revenue generated from taxes will contribute to other public
services such as police, fire and schools. Maintenance of private open space is provided by the
Lakemoor Homeowners Association.
p. That an estimate of the public service costs to provide adequate service to the development has
been provided.
The water, sewer, and roadways will be constructed and funded by the developers. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
this property once developed. The public services that will be provided to the development
include the following:
Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within Suez Water certificated area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Road Construction
The public roads serving the Lakemoor commercial area have been constructed or are currently
under construction.
Open Space
The development will contain pedestrian amenities inclusive of public art, water features, outdoor
drinking fountains, benches, and tables. A system of public sidewalks and pathways will provide
pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas will be regulated by the Lakemoor Subdivision
Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
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Schools
The Lakemoor Development is located in the West Ada School District boundaries.
q. Tax revenues from the commercial component of Lakemoor will be based on methods of income
calculations and will provide additional tax dollars.
r. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development.
The cost of maintenance of public services for development will be offset by the user fees and tax
revenue generated by the homes and businesses located within the Lakemoor Development.
DATED this 15th day of November, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
2
Stan Ridgeway, Mayor o••opF EAC •.,���
ATTEST:��o`�.��••......�•��, ••��
:'�•t•Q-Q0RAT �'•
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Sharon K. Bergmann, Eagle City C erk
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