Development Agreement - 2017 - 3Rd Amended & Restated Lakemoor - 3/28/2017Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=67 BONNIE OBERBILLIG
EAGLE CITY
2017-032373
04/14/2017 09:43 AM
NO FEE
111111111111 I0360I2I20I17010131237610167161111111 11 111
For Recording Purposes Do
Not Write Above This Line
THIRD AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(LAKEMOOR SUBDIVISION)
This Third Amended and Restated Development Agreement (Lakemoor Subdivision) (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,
and Idaho limited liability company, C&O Development, Inc., an Idaho corporation, and Dennis M. Baker
Foundation, Inc., an Idaho non-profit corporation ( collectively "Owner"). Upon recordation of this Third
Amended and Restated Development Agreement (Lakemoor Subdivision), that certain Second Amended
and Restated Development Agreement, recorded in the real property records of Ada County, Idaho, on
September 10, 2013, as instrument number 113103020 shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate originally 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 was
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-05-02 MOD4 (Lakemoor Subdivision); and
WHEREAS, portions of the Property have been developed pursuant to that certain Development
Agreement recorded on March 10, 2005 as Instrument No 105029058, records of Ada County, Idaho (the
"Original Development Agreement"), as subsequently amended, and have been sold to third party
purchasers; and all such portions of the Property which have been so developed and sold are not made
subject hereto; and
WHEREAS, the property located directly adjacent to the Property consists of approximately 25.58 -
acres (Area D) and is generally located at the southeast corner of East Colchester Drive and South Eagle
Road approximately 1/3 mile north of Chinden Boulevard, which was subject of an application for rezone,
identified as Eagle Rezone Application No. RZ-05-02 MODS (The Bridges at Lakemoor). On October 25,
2016, the Eagle City Council approved RZ-05-02 MODS (The Bridges at Lakemoor). This action created
a stand-alone development agreement for the site and removed it from the site plan associated with Eagle
Rezone Application Nos. RZ-05-02, RZ-05-02 MOD2, RZ-05-02 MOD3 and RZ-05-02 MOD4 (Lakemoor
Subdivision);
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WHEREAS, Eagle Rezone Application No. RZ-05-02 MOD4 (Lakemoor Subdivision) and Eagle
Rezone Application No. RZ-05-02 MODS (The Bridges at Lakemoor) are governed by separate
development agreements as identified above;
WHEREAS, the proposed development includes properties within an area that, at the time the
Original 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);
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;
WHEREAS, the intent of this Third Amended and Restated Development Agreement (Lakemoor
Subdivision) is to protect the Owner's right 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;
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 Third Amended and Restated Development Agreement (Lakemoor Subdivision);
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this Development Agreement, is to
be used in lieu of the PUD and conditional use process;
WHEREAS, Owner has provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C 1-3) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and Eagle desire to enter into this Third Amended and Restated
Development Agreement (Lakemoor Subdivision) 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 Original
Development Agreement and Ordinance #510 will continue to be effective after the execution and
recordation of this Third Amended and Restated Development Agreement (Lakemoor Subdivision).
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ARTICLE III
CONDITIONS OF 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
Rear Setback for Lot 180, Block 7, 7.5 feet
(Lakemoor Subdivision No.5)
Minimum Lot Size 5,000 square feet
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
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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 Area E of the Property, as depicted on Exhibit A2, may 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
3.9, below), a copy of which is attached as Exhibit D. An assisted living facility/senior housing
development 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.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a combination of
either attached and/or detached townhomes at an approximate density of 10 units per acre.
Setbacks and Minimum Lot Size for the Townhomes
Front 10 feet
Rear 10 feet
Interior (common wall) 0 feet
Minimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
3.4 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3 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.
3.5 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.
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3.6 Areas H and I of the Property, as depicted on Exhibit A2, are to be developed by Owner with a
combination of Patio Homes and Townhomes at an approximate density of five units per acre.
U Setbacks and Minimum Lot Size for the Home Sites:
Front 10 feet
Rear 10 feet
Interior Side 3 feet
Additional setback for
Multi -Story structures 0 feet
Minimum Lot Size 3,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
A ten foot wide public pathway will be constructed through Areas H and I to connect Chinden
Boulevard to the amended and proposed public park as depicted on Exhibit Al.
3.7 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 D, 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 D, shall require a conditional use permit, except the residential
portions of the Property described in Sections 3.2, 3.5 and 3.8 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:
U Residential, Mobile Home (Single Unit);
❑ Residential, Mobile Home (Single Unit Temporary Living Quarters;
O Residential, Mobile Home Park;
D Commercial, Adult Business;
D Commercial, automotive, mobile home, travel trailer, and/or farm implement sales;
O Commercial, Cemetery;
O Commercial, Drive -In Theatre;
O Commercial, Mortuary;
O Commercial, Storage (fenced area);
0 Industrial, Railroad yard or shop;
D Industrial, Terminal yard, trucking; and
O 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.
3.8 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 D.
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3.9 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 ensuring 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.
(c) A requirement for the continued maintenance and repair of all graded surfaces and erosion
prevention devices, retaining walls or means, and other protective devices, plantings, and
ground cover installed and completed.
3.10 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 Area 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 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.
3.11 Applicant agrees all development and improvement of the Property shall comply with applicable
rules and regulations pertaining to regulated wetlands.
3.12 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.12.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) and Area J (as
shown on the concept plan) 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.
3.13 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.
3.14 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 (excluding Areas H and I), the design and landscaping for which
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the
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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
3.15 Owner shall provide bus stops as may be recommended by Eagle.
3.16 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 E depicted
on Exhibit A2 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.
3.17 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 Area 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.
3.18 Subject to the conditions and limitations set forth herein, Owner shall provide a 23.05 acre
reconfigured park site along the eastern boundary of the Property in Area J and Area K as generally
depicted in Exhibit A2 attached hereto (hereinafter "Park Site") which Park Site is to be 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 the development of Areas H and I, as depicted on Exhibit A2, and/or a combination
thereof and the recordation of a final plat for any portion of Areas H and I or a combination
thereof, Owner through its Charitable Foundation shall complete certain public improvements
to the Park Site for the benefit of the public and Eagle, as follows:
1. Construct a 10 -foot wide asphalt paved pathway, approximately 4000 lineal feet to intersect
with the existing paved pathway along the south side of the south Channel of the Boise
River, as depicted on attached Exhibit Al.
2. Construct a paved "Trailhead Parking Lot" consisting of 45 spaces within the subject Park
Site, as depicted on attached Exhibit A2.
3. Construct and/or excavate approximately eight acres of ponds within the subject Park Site,
as depicted on Exhibit A2.
4. Provide utility stubs to the Park Site.
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B. Upon completion of the above stated public improvements, the Owner through its foundation
will dedicate the Park Site to Eagle, which such dedication shall be subject to the following
restrictions:
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. 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.
C. 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.
D. 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.
3.19 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.
3.20 Owner shall, as an accommodation to City, work with City to construct a public restroom in
proximity to the "Trailhead Parking Lot" located within Area "J". On or before that date which is
one (1) year from the date of execution of this Agreement by the parties, and prior to
commencement of construction thereof, Owner and City shall reach an agreement for
reimbursement of all of Owner's costs associated with its construction of the public restroom. The
public restroom shall be constructed during the development of the Park Site as more fully set forth
in Section 3.18, above; provided, however, that the requirements of this Section 3.20 shall not
prevent, interfere with or unreasonably delay the Owner from timely commencing and completing
construction of the subdivision infrastructure and Park Site improvements otherwise required of
Owner, nor prevent, interfere with or unreasonably delay the Owner from seeking and obtaining
such permits and approvals required therefore and/or for the recordation of one or more final plats
of the Property, nor otherwise result in unreasonable delay or interference in the completion of
Owner's proposed development. The public restroom shall be dedicated to City with the Park Site
and upon dedication shall be maintained by City.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner are attached hereto and incorporated by reference wherein Owner agrees to subject
the Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be
bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1
shall be provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30) days
of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other
rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1. However, if a default occurs
after the Property is divided, any termination shall only affect the lot or parcel in default and shall
not affect other portions of the Property.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred
to cure or enjoin such default and to enforce the commitments contained in this Development
Agreement, including attorneys' fees and court costs.
ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application thereof
to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Development Agreement shall nevertheless remain in full force and effect and that portion determined to
be invalid or unenforceable shall be re -negotiated in good faith between the Owner(s) (or other appropriate
party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This
Development Agreement shall be binding on Eagle and the Owner, and their respective heirs,
administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if
all or any portion of the development is sold, the sellers shall thereupon be released and discharged from
any and all obligations in connection with the property sold arising under this Development Agreement.
The new owner of the Property or any portion thereof (including, without limitation, any owner who
acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all
commitments and other obligations arising under this Development Agreement with respect to the Property
or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headinas. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
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8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Leaal Renresentation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
With Copy to: Cherese McLain
Moore Smith Buxton & Turcke, Chtd.
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Owner:
DMB Investments, LLC
Attn: Dennis M. Baker
250 S. Beechwood, Suite 120
Boise, Idaho 83709
With Copy to: Stephen A. Bradbury
Williams Bradbury, PC
1015 West Hays Street
Boise, ID 83702
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to
provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash
deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited
by Owner is in the form of a letter of credit, and if the Owner fail to make payment for such fees when
actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure
from Eagle, Eagle may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance (whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the
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financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all
attorney fees and engineering fees, Eagle shall release to the Owner the unused portion of the cash deposit
or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not
preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant
to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available
at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each
other, may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.9 Authority to Enter Into Aereement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 4 y of,42.44_, 2017.
ATTEST:
Sharon K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
and a fisting under taws. of the State of Idaho
k1
Stan Ridgeway, Mayor
By:
Page 11 of 14
K \Planning Dept\Eagle Apptications\SUBS\2005\Lakemoor Sub Mod 2 da cc fnl ver docx
Owner:
DMB Investments, LLC, an Idaho corporation Dennis M. Baker Foundation, Inc., and Idaho non-
profit corporation
By:.- - By:.._
Dennis M. Baker, PresidentDeenn s M. Baker, President
C&O Development, Inc., an Idaho corporation
Bot.
Dennis M. Baker, President
STATE OF IDAHO
. ss.
County of Ada
On this day of _p4fiv,fi , 2017, before the undersigned notary public in and for the said
state, personally appeared DENNIS M. BAKER, known or identified to me to be the President of DMB
Investments, LLC, that executed the within and foregoing instrument, or the person who executed the
instrument on behalf of said limited liability company, and acknowledged to me that such limited liability
company executed the same.
written.
IN WITNESS WHEREOF, I have hereunto
e,,10eeeeeeaee
a .g
OTAR, °*
°
'! g i
% PUB1-\~ et 4r°
PZ OF V630
$44Eetelm e.
seal the and y
Notary Nblic for 'Iaho
Residing at: /��'i�4re
My Commission Expires: %n) -/7
Page 12 of 14
K \Planning Dept\Eagle Applications1.SUBS\2005\Lakemoor Sub Mod 2 da cc Enl ver.docx
t above
STATE OF IDAHO )
) ss.
County of Ada )
On this x ; 4 day of . ' Pr—‘ , 2017, before me, the undersigned, a Notary Public
in and for said State, personally appeared DENNIS M. BAKER, known or identified to me to be the
President of Dennis M. Baker Foundation, Inc., the non-profit corporation that executed the within and
foregoing instrument, or the person who executed the instrument on behalf of said non-profit corporation,
and acknowledged to me that such non-profit corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set m
year in this certificate first above written.
°oeStansBSSO 0
if
e° sj 4 *44 C.
`
t A taOTARY 1
*3 °® Ste"
.
006 0
�; %p AUBL\C C
3 d, **@uaooe4c"
Die
STATE OF IDAHO )
) ss.
County of Ada )
d affixed my official seal the day and
Notary Public fo r daho
Residing at
My commission exp
res: j/ /7—
On this day of /%f7 I`&4 , 2017, before me, the undersigned, a Notary Public
in and for said State, personally appeared DENNIS M. BAKER, known or identified to me to be the
President of C&O Development, Inc., the corporation that executed the within and foregoing instrument,
or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official eal the day and
year in this certificate first above written.
swoons
4 o; t' Notary Publico Idaho
1 .,,,OTAR ,, Residing at el������
M 10 6 O e* a My commission expires: ■ f -5i2 /7
10 ja UBL,`e°A
♦4 0.,_ 000004 v
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44811860:0436 °e
Page 13 of 14
K \Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub Mod 2 da cc fnl ver docx
INDEX OF EXHIBITS
A-1 - Concept Plan
A-2 - Concept Plan
B - Legal Description
C (1-3) - Affidavit of Owner(s)
D - Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"
E Design Guidelines
F Commercial Design Guidelines
Page 14 of 14
K:\Planning Dept\Eagle Applications \ SUBS\2005\Lakemoor Sub Mod 2 da cc fnl ver.docx
EXHISIT ‘` A- V
J
11
N. EAGLE R
LAND USE AREA BREAKDOWN
AREA W
PLATTED
AREA B'
PLATTED
AREA 'C'
PLATTED
AREA 'E"
PROPOSED
AREA '7"
PLATTED
LEGEND
A
CARRIAGE LOTS
- 12.35 ACRES TOTAL
- 3.16 ACRES OF COMMON AREA
- 2.07 ACRES OF ROAD/PARKING
- 7.12 ACRES OF LOTS
- 45 RESIDENTIAL LOTS
- 6 COMMON LOTS
-1 COMMERCIAL LOT
- 1 PRIVATE ROAD LOT- 1781 LF
LUXURY LOTS
- 27.66 ACRES TOTAL
- 6.75 ACRES OF COMMON AREA
- 6.07 ACRES OF ROAD/PARKING
- 14.84 ACRES OF LOTS
- 46 RESIDENTIAL LOTS
- 6 COMMON LOTS
- 1 PRIVATE ROAD LOT- 3228 LF
CUSTOM LOTS
- 14.48 ACRES TOTAL
- 0.99 ACRES OF COMMON AREA
- 3.02 ACRES OF ROAD/PARKING
- 10.45 ACRES OF LOTS
- 49 RESIDENTIAL LOTS
- 1 COMMON LOT
- 1 PRIVATE ROAD LOT - 2405 LF
TOWNHOME AND COMMERCIAL LOTS
-12.34 ACRES TOTAL
- 4.99 ACRES OF COMMON AREA
- 2.62 ACRES OF ROAD/PARKING
- 2.01 ACRES OF BUILDING
-1.66 ACRES OF LOTS
- 32 RESIDENTIAL LOTS
- 5 COMMON LOTS
-18 COMMERCIAL LOTS
- 2 PRIVATE ROAD LOTS - 859 LF
CARRIAGE LOTS
- 11.25 ACRES TOTAL
- 5.14 ACRES OF COMMON AREA
- 1.00 ACRES OF ROAD/PARKING
- 5.11 ACRES OF LOTS
- 35 RESIDENTIAL LOTS
- 2 COMMON LOTS
- 1 PRIVATE ROAD LOT- 1060 LF
AREA DESIGNATION
EXISTING RESIDENTIAL LOT
PROPOSED RESIDENTIAL LOT AREA
EXISTING COMMON AREA
PROPOSED COMMON AREA
BUILDING AREA
EXISTING ROAD/PARKING AREA
PROPOSED ROAD/PARKING AREA
COLLECTOR ROAD AREA
\ ra
OVERALL SITE PLAN 'x€.. 1,S A - 2
AREA 'G'
PLATTED
LUXURY LOTS
- 31.92 ACRES TOTAL
- 12.13 ACRES OF COMMON AREA
- 3.28 ACRES OF ROAD/PARKING
- 1651 ACRES OF LOTS
- 48 RESIDENTIAL LOTS
-3 COMMON LOTS
- 1 PRIVATE ROAD LOT - 2678 LF
AREA 1-1' PATIO AND TOWNHOME LOTS
PROPOSED -10.84 ACRES TOTAL
- 3.90 ACRES OF COMMON AREA
-1.68 ACRES OF ROAD/PARKING
- 5.28 ACRES OF LOTS
- 48 RESIDENTIAL LOTS
- 7 COMMON LOTS
- 1 UTILITY LOT
- 1 PRIVATE ROAD - 1953 LF
AREA "I* PATIO AND TOWNHOME LOTS
PROPOSED - 7.69 ACRES TOTAL
- 1.94 ACRES OF COMMON AREA
- 1.08 ACRES OF ROAD/PARKING
- .08 ACRES OF BUILDING
- 4.81 ACRES OF LOTS
- 37 RESIDENTIAL LOTS
- 2 COMMON LOT
- 1 PRIVATE ROAD - 961 LF
AREA 'J' PARK AND INTERPRETIVE CENTER
PROPOSED - 18.83 ACRES TOTAL
- 9.20 ACRES OF COMMON AREA
- .72 ACRES PARKING
- 8.76 ACRES OF LAKES
- .15 ACRES OF BUILDING
- 1 COMMON LOT
AREA IC LAKE
- 6.22 ACRES TOTAL
- 8.22 ACRES OF LAKE
TOTALS
PLATTED LOTS
PROPOSED LOTS
- 223 RESIDENTIAL LOTS
- 18 COMMON LOTS
- 1 COMMERCIAL LOTS
- 5 PRIVATE ROAD LOTS - 11,152 LF
-117 RESIDENTIAL LOTS
-15 COMMON LOTS
-16 COMMERCIAL LOTS
-1 UTILITY LOT
- 3 PRIVATE ROAD LOTS - 3,173 LF
COLLECTOR -10.01 ACRES TOTAL
ROADS - .88 ACRES OF COMMON AREA
- 11.85 ACRES OF ROAD
J•U•B ENGINEERS, INC.
EXHIBIT "B"
.Sis
THE
Goo►,
GROUP
Lakemoor
MU -DA
Boundary Description
Project Number 10-15-105 March 20, 2017
�
NG
Rte.
A parcel of land situated in Section 21, Township 4 North, Range 1 East, Boise Meridian, City of Eagle,
Ada County, Idaho, and being more particularly described as follows:
BEGINNING at the west quarter -section corner of Section 21, Township 4 North, Range 1 East, Boise
Meridian, which bears 501°11'42"W, 2625.85 feet from the northwest corner of Section 21;
Thence N01°11'42"E, 944.57 feet along the west line of the northwest quarter of Section 21;
Thence N89°56'26"E, 339.64 feet along the northerly boundary of Lakemoor Subdivision No. 3
(Book 104 of Plats at Pages 14114 through 14119, records of Ada County, Idaho) and the
westerly extension thereof;
Thence N04°53'58"E, 174.27 feet along the boundary of Lakemoor Subdivision No. 3;
Thence S70°59'17"E, 256.55 feet along the boundary of Lakemoor Subdivision No. 3;
Thence 566°56'14"E, 91.76 feet along the boundary of Lakemoor Subdivision No. 3;
Thence 560°40'35"E, 305.36 feet along the boundary of Lakemoor Subdivision No. 3;
Thence S66°42'33"E, 229.51 feet along the boundary of Lakemoor Subdivision No. 3;
Thence 577°22'36"E, 85.93 feet along the boundary of Lakemoor Subdivision No. 3;
Thence N70°14'02"E, 79.46 feet along the boundary of Lakemoor Subdivision No. 1 (Book 98 of
Plats at Pages 12560 through 12566, records of Ada County, Idaho);
Thence N37°20'25"E, 427.09 feet along the boundary of Lakemoor Subdivision No. 1;
Thence S83°16'44"E, 70.73 feet along the boundary of Lakemoor Subdivision No. 1;
Thence 558°35'07"E, 336.03 feet along the boundary of Lakemoor
Subdivision No. 1;
Thence 564°31'57"E, 189.71 feet along the boundary of Lakemoor
Subdivision No. 1;
Page 1 of 6
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
CJ -UB
..1 -U -B ENGINEERS. INC.
1 -U -B COMPANIES
THE
LANGRGN
1 GROUP
MU -DA continued...
Thence S71°01'00"E, 169.56 feet along the boundary of Lakemoor Subdivision No. 1;
Thence 582°27'49"E, 122.18 feet along the boundary of Lakemoor Subdivision No. 1;
Thence N80°08'28"E, 132.60 feet along the boundary of Lakemoor Subdivision No. 1;
Thence S83°48'00"E, 24.62 feet along the boundary of Lakemoor Subdivision No. 1;
GATEWAY
YAPPING
Thence S19°58'24"W, 862.29 feet along the boundary of Lakemoor Subdivision No. 1 and the
boundary of Lakemoor Subdivision No. 2 (Book 98 of Plats at Pages 12581 through 12584,
records of Ada County, Idaho);
Thence S89°29'05"E, 554.90 feet along the boundary of Lakemoor Subdivision No. 2 and the
north line of the south half of Section 21;
Thence S00°04'09"E, 1164.14 feet;
Thence S37°09'20"E, 955.84 feet;
Thence S22°05'30"E, 466.37 feet;
Thence N72°44'55"W, 64.91 feet;
Thence N80°34'57"W, 307.24 feet;
Thence N86°44'03"W, 228.32 feet;
Thence S00°19'23"W, 84.38 feet;
Thence N88°58'40"W, 199.23 feet;
Thence S87°19'08"W, 201.33 feet;
Thence N89°37'19"W, 89.89 feet;
Thence S00°30'52"W, 294.36 feet;
Thence N89°08'18"W, 135.37 feet along the south line of the southwest
quarter of Section 21;
Thence N00°43'33"E, 619.89 feet;
Thence N67°15'18"W, 450.42 feet;
Page 2 of 6
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
J•U•B ENGINEERS, INC.
MU -DA continued...
J -U -B COMPANIES
LANGOON
CROUP
GATEWAY
MAPPING
dIC.
Thence continuing N671.5'18"W, 9.77 feet along the boundary of Lakemoor Subdivision No. 4
(Book 106 of Plats at Pages 14621 through 14630, records of Ada County, Idaho);
Thence S01°07'21"W, 70.95 feet along the boundary of Lakemoor Subdivision No. 4;
Thence N78°24'39"W, 304.79 feet along the boundary of Lakemoor Subdivision No. 4;
Thence N01°23'02"E, 87.50 feet along the boundary of Lakemoor Subdivision No. 4;
Thence N72°17'09"W, 253.61 feet along the boundary of Lakemoor Subdivision No. 4;
Thence N78°11'00"W, 253.79 feet along the boundary of Lakemoor Subdivision No. 4;
Thence S81°59'20"W, 252.17 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 589°15'55"W, 381.52 feet;
Thence N82°56'43"W, 187.24 feet;
Thence N00°34'57"E, 111.65 feet;
Thence N76°48'05"W, 358.62 feet;
Thence N00°36'24"E, 1501.80 feet along the west line of the southwest quarter of Section 21 to
the POINT OF BEGINNING.
The above-described parcel contains 183.81 acres, more or less.
EXCEPT
A parcel of land situated in the west one-half of Section 21, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 21, Township 4 North, Range 1 East, Boise Meridian;
Thence S01°11'42"W, 2625.85 feet along the west line of the northwest quarter of Section 21 to the
west quarter -section corner of Section 21;
Thence S89°29'05"E, 70.00 feet along the north line of the southwest quarter of Section 21 to the east
right-of-way line of South Eagle Road and the boundary of Lakemoor
Commercial Subdivision (Book 111 of Plats at Pages 15996 through 16003,
records of Ada County, Idaho), the POINT OF BEGINNING:
Thence N01°11'42"E, 589.32 feet along the east right-of-way line of
South Eagle Road and boundary of Lakemoor Commercial Subdivision to
Page 3 of 6
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
(JUB
J•U•B ENGINEERS, INC.
MU -DA continued...
J -U -B COMPANIES El GROUP N
GATtMAY
MAPi1110
ow -
the southwest corner of East Colchester Drive and Lakemoor Subdivision No. 1 (Book 98 of Plats
at Pages 12560 through 12566, records of Ada County, Idaho);
Thence N46°11'42"E, 28.47 feet along the right-of-way line of East Colchester Drive, the
boundary of Lakemoor Subdivision No. 1, and boundary of Lakemoor Commercial Subdivision;
Thence 588°48'18"E, 225.16 feet along the right-of-way line of East Colchester Drive, the
boundary of Lakemoor Subdivision No. 1, and boundary of Lakemoor Commercial Subdivision;
Thence 145.02 feet on a curve to the right, having a radius of 264.00 feet, a central angle of
31°28'23", a chord bearing of 573°04'07"E, and a chord length of 143.20 feet, along the right-of-
way line of East Colchester Drive, the boundary of Lakemoor Subdivision No. 1, and boundary of
Lakemoor Commercial Subdivision;
Thence 340.38 feet on a compound curve to the right, having a radius of 424.00 feet, a central
angle of 45°59'48", a chord bearing of S34°20'01"E, and a chord length of 331.32 feet, along the
right-of-way line of East Colchester Drive, the boundary of Lakemoor Subdivision No. 1, and
boundary of Lakemoor Commercial Subdivision;
Thence S11°20'06"E, 293.16 feet along the right-of-way line of East Colchester Drive, the
boundary of Lakemoor Subdivision No. 1, and boundary of Lakemoor Commercial Subdivision to
the northwest corner of Lakemoor Subdivision No. 4 (Book 106 of Plats at Pages 14621 through
14630, records of Ada County, Idaho);
Thence continuing S11°20'06"E, 7.37 feet along the right-of-way line of East Colchester Drive,
the boundary of Lakemoor Commercial Subdivision, and the boundary of Lakemoor Subdivision
No. 4 to the north line of the southwest quarter of Section 21;
Thence continuing 511°20'06"E, 32.83 feet along the right-of-way line of East Colchester Drive,
the boundary of Lakemoor Commercial Subdivision, and the boundary of Lakemoor Subdivision
No. 4;
Thence S19°15'46"E, 115.30 feet along the right-of-way line of East Colchester Drive, the
boundary of Lakemoor Commercial Subdivision, and the boundary of Lakemoor Subdivision No.
4;
Thence 49.67 feet on a curve to the left, having a radius of 828.00 feet,
a central angle of 3°26'13", a chord bearing of S20°58'52"E, and a chord
length of 49.66 feet, along the right-of-way line of East Colchester Drive,
Page 4 of 6
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J•U•B ENGINEERS, INC.
MU -DA continued...
1 -U -B COMPANIESTHE
mi LAMGooN
GROUP
GATEWAY
• MAPPING
• INC.
the boundary of Lakemoor Commercial Subdivision, and the boundary of Lakemoor Subdivision
No. 4;
Thence 287.46 feet on a compound curve to the left, having a radius of 1032.00 feet, a central
angle of 15°57'34", a chord bearing of S30°40'46"E, and a chord length of 286.53 feet, along the
right-of-way line of East Colchester Drive, the boundary of Lakemoor Commercial Subdivision,
and the boundary of Lakemoor Subdivision No. 4;
Thence on a non -tangent line, S44°24'56"E, 87.80 feet along the right-of-way line of East
Colchester Drive and the boundary of Lakemoor Subdivision No. 4;
Thence 5.02 feet on a curve to the left, having a radius of 423.00 feet, a central angle of
0°40'50", a chord bearing of S44°45'21"E, and a chord length of 5.02 feet, along the right-of-way
line of East Colchester Drive, the boundary of Lakemoor Commercial Subdivision, and the
boundary of Lakemoor Subdivision No. 4;
Thence continuing 68.31 feet on a curve to the left, having a radius of 423.00 feet, a central
angle of 9°15'11", a chord bearing of S49°43'22"E, and a chord length of 68.24 feet, along the
right-of-way line of East Colchester Drive and the boundary of Lakemoor Subdivision No. 4;
Thence 74.60 feet on a reverse curve to the right, having a radius of 77.50 feet, a central angle
of 55°09'17", a chord bearing of S26°46'19"E, and a chord length of 71.76 feet, along the right-
of-way line of East Colchester Drive and the boundary of Lakemoor Subdivision No. 4;
Thence 9.91 feet on a reverse curve to the left, having a radius of 77.50 feet, a central angle of
7°19'42", a chord bearing of S02°51'32"E, and a chord length of 9.91 feet, along the right-of-way
line of East Colchester Drive, the right-of-way line of East Eagles Gate Drive, and the boundary of
Lakemoor Subdivision No. 4;
Thence 85.60 feet on a reverse curve to the right, having a radius of 117.50 feet, a central angle
of 41°44'30", a chord bearing of S14°20'52"W, and a chord length of 83.72 feet, along the right-
of-way line of East Eagles Gate Drive and the boundary of Lakemoor Subdivision No. 4;
Thence S35°13'08"W, 205.74 feet along the right-of-way line of East Eagles Gate Drive and the
boundary of Lakemoor Subdivision No. 4;
Thence 596.81 feet on a curve to the right, having a radius of 372.00
feet, a central angle of 91°55'19", a chord bearing of S81°10'47"W, and
a chord length of 534.84 feet;
Page 5 of 6
a 250 5. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
(JUB
J•U•B ENGINEERS, INC.
MU -DA continued...
Thence N52°51'34"W, 50.00 feet;
J -U -B COMPANIES
THE
GZION
I L OUP
GATEWAY
NAPPING
INC.
Thence 219.14 feet on a curve to the left, having a radius of 328.00 feet, a central angle of
38°16'50", a chord bearing of N71°59'59"W, and a chord length of 215.09 feet;
Thence S88°51'36"W, 69.73 feet to the east right-of-way line of South Eagle Road;
Thence N01°09'17"W, 855.86 feet along the east right-of-way line of South Eagle Road;
Thence N01°11'42"E, 4.19 feet along the east right-of-way line of South Eagle Road to the POINT
OF BEGINNING.
The above-described exception parcel contains 25.58 acres, more or Tess.
Net acreage is 158.23 acres, more or less.
Page 6 of 6
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EXHIBIT "Cl"
Affidavit of DENNIS M. BAKER on behalf of DMB Investments, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DENNIS M. BAKER, who being first duly sworn under oath, deposes and says:
1. I am DENNIS M. BAKER, who is the President of DMB Investments, LLC, whose mailing
address is 250 S. Beechwood, Suite 120, Boise, ID, 83709 ("DMB Investments, LLC").
2. DMB Investments, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. DMB Investments, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the :qchlay of ,p,,?,V.4., r + , 2017 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Dennis M. Baker, DMB
Investments, LLC. (the "Agreement").
DATED this ,I ay of /*rat , 2017.
SUBSCRIBED AND SWORN to befo
OWNS
�k!• 1")e�p�00',000p
IOTA
0 % �'C to m
By: DMB Investments, LLC
Bye
Dennis M. Baker, President
p p
sayrS B0 a°°o
`
�o00o00 ,
�6 •OF Da e#''fr4 00a e
yof /v.4 ,20
Notary Publ c .
Residing at
My Commission e pires
Page 1 of 1
K1Planning Dept\Eagle Applcations\SUBS 120051Lakemoor Sub MOD2 da affidavit DMB doc
.Idaho
EXHIBIT "C2"
Affidavit of DENNIS M. BAKER on behalf of Dennis M Baker Foundation, Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DENNIS M. BAKER, who being first duly sworn under oath, deposes and says:
1. I am DENNIS M. BAKER, who is the President of Dennis M. Baker Foundation, Inc.,
whose mailing address is 250 S. Beechwood, Suite 120, Boise, ID, 83709 ("Dennis M.
Baker Foundation, Inc").
2. Dennis M. Baker Foundation, Inc., is a fee simple owner of the parcel of real property
described on Exhibit 1, attached hereto (the "Property").
3. Dennis M. Baker Foundation, Inc., authorizes the submission of the Property to certain
Development Agreement pursuant to the provisions setforth in Idaho Code Section 67-
6511A and Eagle City Code Section 8-10-1 dated the ',% ' day of - J'.A , 2017 by
and between the City of Eagle, a municipal corporation in the State of Idaho, and Dennis
M. Baker, Dennisen�M. Baker Foundation, Inc. (the "Agreement").
DATED this Ji y of_47,,,4 , 2017.
By: Dennis M. Baker Foundation, Inc.
By:'
Dennis M. Baker, President
SUBSCRIBED AND SWORN to before 1, = rV e . : y/, 4.1 2017
�
a OTA ,
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a1.
a OF $'� ����e
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Page 1 of 1
K \Planning Dept\Eagle Applications \SUBS\2005\Lakemoor Sub MOD2 da affidavit Foundation.doc
EXHIBIT "C3"
Affidavit of DENNIS M. BAKER on behalf of C&O Development, Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DENNIS M. BAKER, who being first duly sworn under oath, deposes and says:
1. I am DENNIS M. BAKER, who is the President of C&O Development, Inc., whose
mailing address is 250 S. Beechwood, Suite 120, Boise, ID, 83709 ("C&O Development,
Inc").
2. C&O Development, Inc., is a fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. C&O Development, Inc., authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions sgi forth in 14ho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the gf iday of7.q:r , 2017 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Dennis M. Baker, C&O
Development, Inc. (the "Agreement").
DATED this/ day of Maw , 2017.
By: C&O Development, Inc.
SUBSCRIBED AND SWORN to before me thi
0180
4Q `fi e
1 f.oTA,
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e.
a
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es 130
�° OF I� °
°0�.eawvi)Zoftworo°.:+:304,
ess°0°°
- -
Dennis M. Baker, President
. 2017.
Notary P a >c or --- --
Residing at !%fid , Idaho
My Commission expires -Ar—/#7
Page 1 of 1
K Planning Dept\Eagle AppllcatIons\SUBS\2C65•Lakemoor Sub MOD2 da affidavit C&0 Development.doc
8-2-3 8-2-3
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)
Districts
Land Uses A I A -R I R -E I R I L -O I C -A I C-1 I C-2 I C-3 I CBD I M-1 I BP I M-2 I M-3 I PS I MU
Agricultural:
Agricultural and forest
Dairy farm
Farm
P
C
P P
Farmers' markets (outdoor) P P P
Feedlot and stockyard C
Horticulture (general) P P P P P P
Horticulture (limited) P P P P P P P
Roadside stand (temporary P P P P P PPP
structure)
Turf and/or tree farm P I C
Vineyard P I C
Residential: I
Accessory dwelling unit P I P
Apartment 1 C C
Boarding or lodging house or
dormitory
C
P
P
P
P
P P P
C C
C C C C
City of Eagle
October 2013
..a.. II8IHX3
8-2-3 8-2-3
Land Uses
Residential (cont.)
Home occupation
Mobile home (single unit) (primary
residence)
Mobile home (single unit) (temporary
living quarters)
Mobile home court (RV)
Mobile home park
Multi -family dwelling
Planned unit development
Single-family dwelling (existing)
Single-family dwelling (new)
Two-family dwelling
Commercial:
Adult business
Airport
Ambulance services
Animal shows or sales
Artist studios
October 2013
A A -R
P
C
C
P
C
C
P P
P
P
P
R -E I R
P P
C
C C
C
P
C C
P P
P P
P
C
i
i
1
Districts
L -O I C -A I C-1 C-2 I C-3 I CBD M-1
P
C
C
C
C
C
P
P
City of Eagle
C
C
C
C
C
C
i
C
C
P
C
C C
P
C
C
C
C P C
P
P
P P
C
BP
C
C
M-2
M-3
PS I MU
C
P
P
C
C
C
C
C
C
C
C
8-2-3 8-2-3
Land Uses
Commercial (cont.)
Arts and crafts shows
Auction facility
Automotive body shop
Automotive gas station or fuel
islands
Automotive gas station/service shop
Automotive, mobile home, travel
trailer, and/or farm implement sales
Automotive repair
Automotive storage
Automotive washing facility
Bakery plant (wholesale)
Banks/financial institutions (no drive -
up service)
Banks/financial institutions (with
drive -up service)
Bar
Beauty/barber shop
Bedand breakfast facility
Districts
A I A -R R -E I R I L -O C -A I C-1 I C-2 I C-3 I CBD M-1 I BP I M-2 I M-3 I PS MU
C
C
P
I I I
C I C C I P I
CIC Ic I
City of Eagle
P P P C
C P C P
P P P C P
C P P
P P
C P P C P
P P P C
C P
C P P P C C
P C P
P P
C P C
C
C
P
P
C
P
C
October 2013
8-2-3 8-2-3
Land Uses
Commercial (cont.)
Building supply outlet
Cabinet shop
Catering service
Cemetery
Childcare:
Daycare center
Family
Group
Christmas tree sales
Church
Circuses and carnivals
Clinic
Club or lodge
Coffee roasting facility
Commercial entertainment facilities
(indoor)
Commercial entertainment facilities
(outdoor)
October 2013
A
A -R
R -E
Districts
L -O C -A C-1 C-2 I C-3 CBD M-1 BP M-2 M-3 PS I MU
P
CCCCC
CCCCC
PPP PC
C 0 0 0 0
P P
CCCCP
C
P
P
C
C
City of Eagte
C C
P P
P P
C C C
C C C
C
C C C
P P P
P P P
P
P P
P P
C C
C P I P
I PIP!
C
P
C
P
P
P
P
P
C
P
P
P C P
P C P
C C
P
P
C
C
111
C
P
P
C
P
C
C
P
C
P
P
C
P
P
C
C
8-2-3 8-2-3
Land Uses
Commercial (cont.)
Communication facilities
Contractor's yard and/or shop
Convenience store with fuel service
Convenience store with no fuel
service
Detention facilities
Drive-in theater
Drugstore
Electronic sales, service, or repair
shop
Emergency healthcare
Emergency services
Equipment rental and sales yard
Flex space
Food and beverage sales
Hardware store
Health clubs, spas, weight reduction
salons
Districts
A I A -R R -E I R I L -O C -A I C-1 I C-2 I C-3 CBD I M-1 I BP I M-2 I M-3 I PS 1 MU
C C
CCCC
C
P
CCCC P P
C
C
City of Eagle
P P P
C C
C P P
P PPP
C C
C I P P I P
P PPP
C P C
P PPP
C C P
P P
P P I P P
P P I P P
P PPP
P P
C C C
C
C C
C
P P
C C
P I P
C
P
C
P
C
P
P
P
P
C
P
P
P
P
October 2013
8-2-3 8-2-3
Land Uses
Commercial (cont.)
Heliports
Home and business services
Hospital
Hotel
Institution
Kennel
Laboratories
Laundromat
Laundry (with drive -up service)
Laundry (with no drive -up service)
Live entertainment events
Massage spa
Microbrewery
Mobile office
Mortuary
Motel
Nonprofit rehabilitation center
October 2013
Districts
IA I A -R I R -E I R I L -O I C -A C-1 1 C-2 I C-3 CBD I M-1 I BP I M-2 M-3 PS MU
C
C
C
C
C
C
C
C
P
C
C
P
C
C
C
C
City of Eagle
P P P
C P P
P P
C
C C C
P P P
P P P
C P P
C P P
C P C
C C C
C C
C C C
C
P P
C
P
C C
P
P
P
P
P
C
C
P
P
P
P
C
P
C
P
(F -N)
8-2-3 8-2-3
Districts
Land Uses A I A -RIR -E I R I L-0 I C -A C-1 I C-2 I C-3 I CBD I M-1 I BP I M-2 M-3 I PS I MU
Commercial (cont.)
Nursery, plant materials PCCCP P P PPP C
Nursing/convalescent home C 0 0 0 C C C C
Office, business and professional P P P PP C P
Parking lot, parking garage P P PCP PP P P
Parking lot, parking garage, C P P PCPC C
commercial
Pawnshops (auto) C C
Pawnshops (general) C C
Personal improvement P P PPP P
Personal services P PPPP P
Personal wireless facilities (enclosed PP P P P P P P P P P P P P PP
building, height - 35' or Tess)
Personal wireless facilities (enclosed CCCCC C C C C C C C C C CC
building, height - over 35')
Personal wireless facilities (height - C C PPP P PPP PPP PP
35' or less)
Personal wireless facilities (height - C C CCCCC CCCCC
over 35')
Photographic studio
October 2013
City of Eagle
8-2-3 8-2-3
Land Uses A I A -R I R -E R I L -O
Commercial (cont.)
Printing and/or blueprinting P
Professional activities P
Restaurant (drive-in) i 1
Restaurant (no drive-through) 1 C 1 C
Restaurant (with drive-through)
Retail sales (general) I C
Retail sales (limited) 1 P
Retail sales (pharmacies and I C
medical)
Riding academies/stables P C C
Shopping center
Shopping mall
Sign shop, including painting
Small engine repair (mower, chain
saws, etc.)
Storage (enclosed building) 1 P
Storage (fenced area) C I C
October 2013
C -A
City of Eagle
C-1
Districts
C-2 1 C-3 I CBD I M-1 I BP I M-2 M-3 1 PS MU
P PPP P
P PPP P
I P I P
P I P P P
I P P
P I P P
P I P P
IPIPI
1 1
CICICIP
ICICIP
P I P I
C I P I P I
PIPPI
CICICI
P
P
P
P
P C I P
P C T I
P I C I P I P
CICIPIP
P
P
P
C
C
P
c
C
c
c
c
C
8-2-3 8-2-3
Land Uses
Commercial (cont.)
Street fair P
Subdivision sales office P P
Tire shop, including recapping P P
Trade fair P
Travel services P P P P
Truck stop C C
Upholstery shop PP PP
Vet clinic (animal hospital) CCCP P P
Welding, tool shop C P
Winery C C
Woodworking shop P P P
Districts
A I A -R R -E I R I L-0 1 C -A I C-1 I C-2 I C-3 CBD I M-1 I BP I M-2 I M-3 I PS I MU
Industrial:
Asphalt plant
Automotive wrecking yard or salvage
Beverage bottling plant
Billboard manufacture
Cement or clay products
manufacturing
City of Eagle
P
P C
P
P
C C
C C
P
P C
C
P C
C
C
C
P
P
P P
C C
P
P
P P
P P
P
C
P
IC
PI
C
C
October 2013
8-2-3 8-2-3
Land Uses
Industrial (cont.)
Chemical storage and manufacturing
Concrete batch plant
Dairy products processing
Food processing plant
Fuel yard
Grain storage
Ice manufacture, cold storage
Industry:
Custom
Limited
Research and development
Junkyard
Lumberyard, retail
Machine shop
Manufacturing, furniture
Mobile home manufacturing
Monument works, stone
October 2013
Districts
A 1 A -R I R -E 1 R L -O I C -A I C-1 C-2 I C-3 I CBD I M-1 I BP I M-2 M-3 I PS MU
C
C
City of Eagle
P
P
P
P
C
P
P C P
C P
P
P
C C P
P P
P P
P
C
C P
P C P
P C P
P
C C P
P
P
C
C
C
C
8-2-3 8-2-3
Land Uses
Industrial (cont.)
Petroleum storage
Planing mill
Public utility yard
Railroad yard or shop
Recycling operation
Rendering plant
Research activities
Sand or gravel yard
Sanitary landfill
Stockyard, slaughterhouse;
meatpacking
Terminal yard, trucking
Truck and equipment repair and
sales (heavy)
Warehousing, wholesaling plant
Wood processing plant
Districts
A T A -R I R -E I R I L -O I C -A I C-1 I C-2 I C-3 I CBD I M-1 BP I M-2 M-3 I PS I MU
City of Eagle
C C
P
C C C P
C C P
C
C C
C
C
P
C P
C C
C
P
C C P
P C P
C
October 2013
8-2-3 8-2-3
Land Uses
Public/semipublic:
Golf course and related services
Government building, offices
Library
Museum
Park and recreation facilities
Portable classroom
Public service facilities
School, public or private
(Ord. 699, 5-28-2013)
October 2013
Districts
A I A -R R -E R I L -O C -A I C-1 I C-2 I C-3 I CBD I M-1 I BP M-2 I M-3 I PS I MU
C C
C
IC
C
C
C
C
C
C
C
C C
P
C C
C C
C ,
C I
C I
P
P P
P P
P P
P
P
P P
P P PP
CCCP
CCCCC
City of Eagle
CCCC
P
P
P
C C
C C
P C
P P
P C
P C
P C
P
C C
P C
8-2-4 8-2-4
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum Yard Setbacks
Note Conditions A To E*
Maximum
Zoning District Height Front
A 60' 60'
A -R 35' 60'
R -E 35' 50'
R-1 35' 30'
R-2 35' 30'
R-3 35' 30'
R-4 35' 20'
R-5 35' 20'
R-6 to R-25 35' 20'
L -O 35' 20'
C-1 35' 15'
C-2 35' 0'
C-3 35' 0'
CBD 35' 0'
Rear
30'
30'
30'
30'
30'
25'
25'
25'
25'
20'
0'
0'
0'
0'
Interior
Side
Street Maximum Lot Minimum Lot Area Minimum Lot
Side Covered F And J* (Acres Or Square Feet) H* Width I*
30' 45' 10% 20 acres 100'
30' 45' 10% 4.7 acres 100'
20' 35' 15% 1.8 acres 100'
15' 30' 35% 37,000 100'
10' 20' 40% 17,000 75'
7.5' 20' 40% 10,000 75'
7.5' 20' 40% 8,000 70'
7.5' 20' 40% 7,000 70'
7.5' 20' 60% 7,000 50'
7.5' 20' 60% 2,000 25'
0' 10' 50% 2,000 25'
0' 0' 92% 1,300 25'
0' 0' 92% 1,300 25'
0' 0' 92% 500 25'
City of Eagle
October 2013
8-2-4 8-2-4
Minimum Yard Setbacks
Note Conditions A To E*
Maximum I InteriorStreet Maximum Lot Minimum Lot Area Minimum Lot
Zoning District Height Front Rear Side Side Covered F And J* (Acres Or Square Feet) H* Width I*
M-1 35' 0' 0' 0' 0' 92% n/a 25'
BP 35' 20' 0' 0' 20' 50% n/a 25'
M-2 35' 0' 0' 0' 0' 92% n/a 25'
M-3 35' 0' 0' 0' 0' 92% n/a 25'
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
* Note Conditions:
A. Setback reductions (to be measured from the foundation to the property line):
1. No portion of the structure may extend more than 2 feet into the side yard setback;
2. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be
considered part of the building to which they are attached and shall not project more than 15 feet into the required rear yard setback;
3. Open porches for residential dwelling units shall not project more than 5 feet into the required front yard setback;
4. A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5 foot reduction in the minimum required
front yard setback provided that the distance is no Tess than 20 feet, and no less than 15 feet within the MU zoning district, measured
from the foundation of the garage to the property line;
5. Upon the submittal of the waiver application and findings adopted by the zoning administrator addressing compliance with the
following criteria, accessory structures may be permitted to be located within a minimum of 15 feet of the rear property line:
October 2013
City of Eagle
8-2-4 8-2-4
a. Be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
e. If authorized, the waiver may only be granted for the minimum amount necessary to achieve the stated purpose of the waiver
sought.
f. The applicant shall provide written approval of the setback reduction from all adjoining property owners at the time of application
submittal. If written approval cannot be obtained, then the city shall notify the adjoining property owners and inform them in writing about
the applicant's setback reduction. The adjoining property owners shall have 10 calendar days from the decision date to appeal. In the
event of a denial, the applicant shall be allowed to appeal the zoning administrator's decision. If no appeal is submitted, the decision is
final.
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone.
C. All residential buildings in other than agricultural or residential districts must meet residential official height and area regulations.
D. Front yard setback from arterial and collector streets (as identified on the transportation and pathway network plan in the Eagle
comprehensive plan) is 30 feet in all residential zoning districts.
E. Street side setback on arterial and collector streets (as identified on the transportation and pathway network plan in the Eagle
comprehensive plan) is 25 feet in all residential zoning districts.
F. In order to stimulate the rehabilitation and revitalization of the existing neighborhoods where the currently platted residential lots are less
in size than the 7,000 square feet per dwelling unit, applicants desiring to exceed the authorized 40 percent maximum lot coverage may
apply for a conditional use permit.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
October 2013
City of Eagle
8-2-4 8-2-4
H. AH lots with street side frontage, excluding lots within zoning districts A, A -R, R -E and R-1, shall have a minimum lot area that is 10
percent larger than shown in this table.
I. Lot width shall be determined as follows: The distance between side lot lines measured at a point midway between the front and rear lot
lines. Minimum lot frontage, the portion of a lot front adjacent to a public or private street, for all residential zoning districts shall be 35
feet.
J. Childcare facilities, churches, nursing/convalescent homes (which include senior assisted living facilities), schools (public or private),
which are proposed within an agricultural district (A), agricultural -residential district (A -R), and/or residential -estates district (R -E) shall be
permitted an increase of the maximum lot coverage from 10 percent to 24 percent.
(Ord. 566, 5-15-2007; amd. Ord. 686, 10-23-2012; Ord. 699, 5-28-2013)
October 2013
City of Eagle
EXHIBIT "E"
LAKEMOOR
SITE DEVELOPMENT, ARCHITECTURAL AND LANDSCAPING
DESIGN GUIDELINES
The design guidelines, as set forth within, are provided to guide and direct the, site layout,
architectural style and landscaping elements of the Lakemoor development.
The commercial elements of this project fall within the design review regulations set
forth in Eagle City Code.
Administration of Design Guidelines
The property developer and/or architectural control committee will have design review
responsibilities for all site development, landscape and architectural components. This
review and approval process will occur by the developer and/or the architectural control
committee prior to being forwarded to the City of Eagle for its review as part of any
required land use, building, or design review application.
General Annlicabilitv
All development within the Lakemoor property including but not limited to commercial,
office, multifamily, and residential portions of the project is subject to these Guidelines.
They shall be consistent with those set forth in Eagle City Code, the Comprehensive Plan,
and other applicable requirements set forth by the City of Eagle. In case of conflict, the
`higher standard' interpretation shall prevail.
• Flexibility: These guidelines are intended to depict the general nature of the
architectural character while allowing sufficient flexibility for development to
accommodate the evolving market, remain economically viable, support the
purpose and goals of the City of Eagle, and respond to site and other conditions as
necessary while keeping within the desired character of the project to the extent
possible.
Design Intent
The intent of the Design Guidelines is to provide a harmonious and integrated
development of commercial and residential buildings sharing common streets, pathways,
natural features, and open spaces. The general theme of Lakemoor is to emphasize
traditional architectural styles and building materials. The architectural character for new
buildings can be achieved by proper use of traditional elements such as sloping roofs,
dormers, parapets, cornices, window and door styles, and attention to correctly executed
details which have and will continue to stand the test of time.
Page 1 of 19
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Scale, proportion, style and color of all buildings as they relate to each other and the
open area around them is important and necessary to establish and maintain a strong
sense of community.
Submittals
All site development within the Lakemoor project area shall conform to the current
zoning and development guidelines established by the City of Eagle and which will be
supplemented by the project area covenants, conditions, and restrictions. All
development applications submitted to the City of Eagle Design Review Board for
landscape design, site design, and architectural design shall be in accordance with those
described in the Eagle City Code.
Maintenance
All parcel(s) within the Lakemoor project area shall be maintained in accordance with
those provisions set forth in its covenants, conditions, and restrictions (CC&R's).
Page 2 of 19
C:\Users\Dan\Documents\lakemoor third amended re -stated revised Design Guidelines.doc
SITE DEVELOPMENT DESIGN GUIDELINES
General
The term Site Development as used in this section, refers to the siting of
structures and the placement of related improvements on individual parcels
within the Lakemoor project. This includes but is not limited to roadways,
boulevards, parking lots, service areas, walkways and pathways, signs or
identification structures, and lighting.
Site Development Theme
The site development theme for Lakemoor will promote and preserve existing
natural features such as Joplin Creek, located along the southerly boundary of
the property, and the tree lined wetlands along the northerly property line. Open
space corridors will be created to highlight mountain vistas lake views and
streamside settings. Parking lots will be landscaped to minimize visual impacts,
with undulating berms to buffer and screen automobiles. Pedestrian ways will be
provided to promote alternative methods of travel and shall inter -connect all
areas and uses to each other.
Design Objectives
The site development design guidelines for individual parcels reflect several
important goals: to strengthen the area's identity and create a unique and
aesthetically pleasing environment that will draw the neighborhood together. To
accomplish this goal the following objectives are provided:
• To create a development area that is visually distinctive and memorable
to its users and residents.
• To encourage the design of buildings and exterior spaces in the area to
be of an overall high Quality and annronriate character yet diverse enough
to reflect a variety of expression and creativity.
• To create pedestrian scale in the design of streets, parking areas,
buildings and spaces between buildings.
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C:1Users\Dan\DocumentsMakemoor third amended re -stated revised Design Guidehnes.doc
SITE GRADING
Each parcel is to be graded and/or contoured in such a fashion that all storm -
water positively drains away from all buildings and structures into adjacent and
interconnected landscaped bio -filtered drainage swales. These swales are to be
landscaped with native wetland plant material commonly found within the local
Boise River riparian system.
Design Standards for 4 -Lane or 3 -Lane Collectors
The following standards apply to all four -lane and/or three -lane major and
minor collectors in the retail and office areas or as otherwise required by the
Ada County Highway District (ACHD).
• All crosswalks are 10 feet wide.
• All crosswalks are handicapped accessible. A drop curb is required at
comers to facilitate wheelchairs and strollers.
• The pedestrian pathway is separated from the street by a min. five (5)
foot wide planting strip.
The following standards apply to collector and local streets in the residential areas
in accordance to Ada County Highway District Standards. Appropriate signage
shall be installed.
Res. Lot
d
ACRD. approved dimensions
(2) -travel lanes, and parallel
parking on one side
5' min. Planting Strip 5' min. Planting Strip -
5 Walkway 5 Walkway
Section At Residential Area
�• 'Cb
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Res. Lot
• The typical roadway allows two travel lanes and one parallel parking
lane.
• On each side of street are five (5) foot sidewalks.
• All crosswalks are handicapped accessible. A dropped curb is at all
comers to facilitate wheelchairs and strollers.
Collector Width Requirements
Recommended collector width requirements for 4 -lane and 3 -lane collectors
within the Lakemoor project include:
• 4 -Lane Collector: The entry roadway off of Eagle Road has four travel
lanes, a central continual landscaped divider lane, two bike lanes, a min. 5
foot wide planting strip on both sides, and a 5 foot wide sidewalk on both
sides. The right of way width is 100 feet. At busy intersections additional
width may be required to accommodate additional left or right turn lanes.
tale approved dimensions 41
Landscaped
( (2) -travel lanes, bike lane
Landscape
5' min Planting Strip Central Island
5' Meandering Walkway
Section At Signalized Entry at Eagle Road
ACxo. approved dltttensions �.
(2) travel lanes be lane
5' minPlanting Strip
�
5' Meandering Walkway
Landscape
• 3 -Lane Collector: The roadway through the commercial areas has two
travel lanes, a central continual turning lane, a 5 foot separated pedestrian
path on each side and a min. five (5) foot planting strip on both sides. The
minimum right of way width is 56 feet. At busy intersections additional
width may be required to accommodate additional left or right turn lanes.
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1 Landscape
ACRD. =roved dimensions � IA
((2)-rnbak
avel lanes, t n lane, e lane '1
S min wanting Strip 5' met Planta g Strro� /y1
5' Meandering Walkway 5' Meandenrg Walkway
Entryways to Individual Development Sites
4
Landsoace
dfm
travel lanes bate lane landscaped
`$min Planting Sys Central Island
5' Meandering Walkway
Section at Sign in Residential Area
Landscape
n ACHD. dm Iy
travel lama bare lane "l % `l
5' mkt Planting Stnp- Landscape
5' Meandering Walkway
Within the framework set forth in the architectural guidelines related to
materials, colors, etc., encourage individual expression at entryways by allowing
freestanding structures which incorporate signing, lighting, and landscaping and
which enhance the visual identity from the street. The purpose of this guideline
is to create a sense of arrival and should be oriented to both pedestrian and
automobile.
• The design of entryways should always relate to the design of other
buildings in the development parcel in terms of materials, scale, and color.
• Signs identifying the names of tenants or buildings may be incorporated
into the entry.
• Entryway designs should integrate signage in a way that respects the
architectural design integrity of the entryway.
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• Signs are permitted on any entryway face.
• Entryway signs may be placed on the property line without a setback
requirement, provided that views of traffic are not obstructed as per
current City of Eagle Standards.
• Street trees shall not be located in front of entryway signs.
Trees In Parking Lots
Trees in parking lots are required to create smaller and friendlier spaces for
people, to maximize the positive environmental effects that trees provide, and to
reduce the impact of solar gain on cars and buildings.
• Landscape planting area requirements for parking lots will be as
described in the Eagle City Code.
• Provide medium sized trees within the parking lot at the density
described in the Eagle City Code.
• Use trees to make smaller human -scaled spaces within parking lots and
to soften the overall appearance of larger parking lot areas.
• Locate the trees to allow for frame visibility of entries, signage, and to
provide overall appropriate visibility for retail businesses.
Site Development` Pam
Section at Retail Area Parking Lot
Parking Lot
Driving Lane
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Planted End Islands
Driving Lane
• Use a species of tree that will permit initial limbing of seven (7) feet.
Prune trees regularly to achieve an ultimate minimum limb height of 12
feet.
• Protect trees from overhanging bumpers with concrete curbs and allow
for a minimum of three (3) feet between the curb and the center of the tree
trunk.
Parking Lot Screening
To reduce the visual impact of row upon row of parked cars and the glare of
headlights at night, screen parking lots from view along borders with public
streets. The creation of high walls however, should be avoided because of
potential security and safety problems. Minimum screen height is to be three
feet or as described in the Eagle City Code. This enables people to see out and
be seen from the street and cars.
• Parking lot screens may be made of all plant material or a combination
of earth berms and supplementary plant material.
• Designs for wall screens shall include some low foundation plant
material to visually soften the wall. Walls may be constructed of wood,
masonry, or concrete.
• A minimum height of 36 inches is recommended (to hide shiny car
bumpers, metal grilles and headlights) with a maximum height of four (4)
feet to permit visual surveillance to and from the street.
Drive -up service - Orientation and Screening
Visually screen drive thru lanes from view along public streets.
• When feasible, orient the drive thru lane to be perpendicular to public
streets. This will reduce any possible confusion created from headlight
glare into oncoming traffic.
• Screening may be accomplished using plant material or a combination
of low walls or earth berms and supplementary plant material.
• Designs for wall screens shall include some low foundation plant
material to visually soften the wall. Walls may be constructed of
stone/cultured stone, masonry, or concrete. Walls shall be generally sight -
obscuring.
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• A minimum height of 36 inches is recommended (to hide shiny car
bumpers, metal grilles and headlights) with a maximum height of four (4)
feet to permit visual surveillance to and from the street.
Service Area Screening
Visually soften and screen all service functions within the retail and office,
portions of the development from public views. (See architectural guidelines.)
• Screen dumpsters and recycling bins from public view with plant
material or with a combination of screen walls and plant material. All
walls should be constructed of durable materials able to withstand normal
use. The screen walls are to incorporate the same material as used in
adjacent building structures.
• The height of plant materials and walls should be equal to the height of
the dumpster and / or recycling bin unit at the time of installation.
• Visually separate loading dock areas from public view with landscaping
or walls and landscaping.
Walkways and Pathways
An interconnected walkway and path system that will connect various
development sites within the Lakemoor project area.
• Provide one or more walkways, which directly link the pedestrian
entrances of businesses within the retail and office development to the
public pathways.
Design Standards for Street Lights
• Use shielded type fixtures to minimize problems of glare.
• All streets, courts, cul-de-sacs, and parking lots are to be illuminated.
Walkway and Pathway Lighting
Provide lighting along all walkways and pathways located in non-residential
areas of Lakemoor.
• Avoid dark spots and abrupt changes in light levels.
• Select fixtures to be harmonious with the design of the development.
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Site and Landscape Lighting
Create site and landscape lighting to promote safety, security and visual
attractiveness.
• Use fixtures with indirect light sources (i.e., concealed from the users'
line of sight) such as ground mounted lights or foliage lights.
• Avoid creating dark spots which invite crime.
• Help mitigate the effects of night blindness by avoiding any sudden
changes in light levels.
• Use site and landscape lighting as a means to harmonize the building
and the site and landscape areas.
• Metal Halide lighting will be used to illuminate water features only.
Parking Lot Lighting
Create parking lot lighting which promotes a sense of safety, security and which
is visually attractive.
• Use shielded type fixtures to minimize problems of glare.
• Avoid dark spots and abrupt changes in light levels.
• Select fixtures to be harmonious with the design of the development.
• A variety of historic style light fixtures will be used. "Shoe Box" style
fixtures are prohibited.
• Metal Halide lighting is prohibited.
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ARCHITECTURAL DESIGN GUIDELINES
General
The term architectural design as used in this section refers to the design of all
buildings on individual parcels within the Lakemoor project including but not
limited to commercial, office, multi -family and residential projects.
Architectural styling will express timeless designs of enduring quality.
Tfe. s'1.%d Til Ali el""'''
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Design Objectives
The following architectural design objectives generally apply to all building
types within the Lakemoor project including but not limited to commercial,
office, multifamily, and residential portions of the project. Together these
architectural objectives constitute the core design guidelines for the buildings.
• Mass and Proportion: Buildings shall be of a scale and proportion that
relates well to adjacent buildings without dominating, overwhelming or
appearing insubstantial in relationship. Long walls shall be relieved with
offsets, bays, projections or other architectural features.
• Character: Buildings shall be visually consistent with adjacent buildings
and reflect their designated use without intentionally copying materials,
details and colors except where it is an advantage to do so, such as
canopies, trellises and elements that help define several structures as part
of an intended group.
• Roofs and Roofing: Sloping roofs such as gables and hips and including
flat roof designs are allowed. Materials for sloping roofs should be
appropriate to the scale of the building and can be asphalt or composition
shingles that do not simulate other materials, wood shingles or shakes, flat
concrete tiles, or metal with standing or batten/rib seams.
• Windows: Windows shall be in proportion with the building facade and
individual glazing panes shall not be over -sized. Horizontal mullions as
well as vertical dividers are encouraged. Styles shall be historically
consistent with the architectural character of the building. Multiple -
arched, round, sloping head and other 'trendy' window styles are
inappropriate. Shading shall be achieved with awnings, canopies,
overhangs and other architectural elements. Where needed, tinted and
colored glazing shall be allowed, as well as interior shading films.
Awnings shall be simple and of traditional materials - lighted vinyl
awnings are inappropriate.
• Materials: Larger and high bay buildings shall be constructed of high
quality, substantial, well -wearing materials: Brick or concrete masonry,
concrete, stucco or EIFS (exterior insulated finish systems), or natural and
synthetic stone, with proper detailing. Careful attention to detail must be
made to avoid a monotonous, bland, or flat appearance. Proper lighting
may be key to enhance materials and relief on large-scale facades. Smaller
and low bay buildings are encouraged to use similar materials as well as
simulated wood sidings - horizontal or vertical boards, boards or plywood
with battens, and shingles.
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Natural or synthetic stone is encouraged and shall be used as walls, wainscots,
bulkheads, columns or plinths. Appropriate combinations of materials to modify
scale and add visual interest should be considered.
• Architectural Elements: On high bay or multiple story buildings, smaller
scale features such as arcades, trellises, or canopies, as well as one story
elements, shall be used to provide pedestrian scale. Attention to detail is
encouraged and shall be proportional to the facade with the caution that
elements used for only decorative purposes are discouraged, especially
when appearing out -of -place on larger walls.
• Color: Large walls shall be of light to medium values - white, bright
hues, and decorative painting are discouraged. Moderate changes in value
and color used to decrease apparent scale and mass are acceptable.
Brighter colors shall be used in limited areas
Building Design Guidelines/ Commercial
In addition to the general architectural design guidelines, the following
items apply to office buildings, and retail uses within Lakemoor.
• Character: Buildings shall be visually consistent with adjacent buildings
and reflect their designated use without intentionally copying materials,
details and colors except where it is an advantage to do so, such as
canopies, trellises and elements that help define several structures as part
of an intended group.
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• Roofs and Roofing: Sloping roofs such as gables and flat roof designs
are allowed. Materials for sloping roofs should be appropriate to the scale
of the building and can be asphalt or composition shingles that do not
simulate other materials, wood shingles or shakes, flat concrete tiles, or
metal with standing or batten/rib seams.
• Windows: All openings shall appear as individual 'punched' windows, or
groups of openings, in lieu of ribbon windows or storefronts, except at
building entries. All windows shall have solid bulkheads between the sill
and adjacent ground or paving surface except at entry sidelights.
• Relationship to parking: Main entries shall be easily visible and
distinguishable from adjacent parking areas through the use of
architectural elements. Pedestrian friendly crosswalks, trellises, canopies,
landscaped buffers and the like shall be incorporated.
• Equipment, Loading and Service Concealment: Mechanical and
electrical equipment shall be located as much as possible away from
pedestrian areas and substantially concealed with the same or compatible
materials of construction as the building. Service and delivery access,
refuse and recycling containers, and the like shall be located as much as
possible away from pedestrian areas and substantially concealed with the
same or compatible materials of construction as the building.
• Color: Walls shall be of light to medium values - decorative painting is
discouraged. Moderate changes in value and color are acceptable.
Brighter colors shall be used in limited areas.
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Building Design Guidelines/Senior Housing/Multifamily Residential
In addition to the general architectural design guidelines, the following
items apply to multifamily projects.
• Garages and Carports: Enclosed garages attached to or separated from
the building shall be of the same architectural character and materials, and
painted with compatible colors. Consideration should be given to the
location of garages and carports to diminish the visual appearance of the
doors. Garage doors shall be kept to minimum sizes and shall not be over -
styled with arches, windows and decorative panels. Carports shall be
scaled to not appear as being insubstantial or temporary.
• Roofs and Roofmg: Sloping roofs such as gables and hips including flat
roof designs are allowed. Dormers for windows, louvers and vents are
encouraged on large expanses of roof, and parapets, cornices and other
detailing is desirable.
• Windows: All openings shall appear as individual 'punched' windows,
or groups of openings. Horizontal as well as vertical mullions are
encouraged to reinforce residential scale.
• Architectural Elements: Fireplace chimneys and enclosures are
desirable. Porches, decks with railings, columns, cornices, detailed
chimney tops, short fences, gates, and appropriately designed entries are
encouraged.
• Parking, Open Space and Pathway Access: Parking for residents and
guests shall be conveniently located. Open spaces for landscaping, decks,
terraces and visual relief shall be considered. There shall be multiple
pedestrian and bicycle access ways to the path and street system.
Lei :174'
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I as
In addition to the general architectural design guidelines, the following
items apply to all residential projects.
• Mass and Proportion: Houses shall be of a scale and proportion that
relates well to adjacent houses without dominating, overwhelming or
appearing insubstantial in relationship.
• Character and Style: Houses shall be visually consistent with adjacent
houses and reflect residential use without intentionally copying materials,
details and colors except where it may be an advantage to do so, such as
fences, exterior lighting, paving materials and elements that help define an
integrated community. Facades shall not be over -styled with inappropriate
decorative elements lacking respect for traditional precedent.
• Garages: Enclosed garages attached to or separated from the house shall
be of the same architectural character and materials, and painted with
compatible colors. Consideration should be given to setting garages back
from the front of the house to diminish the visual appearance of the doors.
• Roofs and Roofing: Sloping roofs such as gables and hips including flat
roof designs are allowed. Dormers for windows, louvers and vents are
encouraged on larger roofs, and parapets, cornices and other detailing is
desirable. Materials for sloping roofs should be appropriate to the scale of
the building and can be asphalt or composition shingles that do not
simulate other materials, wood shingles or shakes, and flat concrete tiles.
• Windows: Individual and groups of windows shall be in proportion
with the house facade and individual -glazing panes shall not be over -sized.
Horizontal mullions as well as vertical dividers are encouraged to
reinforce residential scale. Shading shall be achieved with approved
awnings, canopies, overhangs and other architectural elements; tinted or
colored glazing and interior shading films are allowed where appropriate.
Trim, dormers, shutters and appropriate detailing are desirable. Fully
arched windows are discouraged except when historically compatible with
the architectural style. Multiple -arched, over -sized round, sloping head
and other 'trendy' window styles are inappropriate.
• Materials: Buildings shall to be constructed of high quality, substantial,
well -wearing materials: Brick, stucco, wood or composition sidings -
horizontal or vertical boards, boards or plywood with battens, shingles, or
EIFS (exterior insulation and finish systems) with proper detailing.
Natural and synthetic stone is encouraged and shall be used as walls,
wainscots, chimneys, columns or plinths. Appropriate combinations of
materials to modify scale and add visual interest should be considered.
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• Architectural Elements: Attention to detail is encouraged and shall be
proportional to the facade with the caution that non-traditional elements
used for only decorative purposes are discouraged. Fireplace chimneys
and enclosures are desirable. Porches, decks with railings, columns,
cornices, detailed chimney tops, and appropriately designed entries are
encouraged. Fences shall be designed to enhance visibility and shall not
be tall, solid barriers that negate the feeling of neighborhood. Fences shall
not dominate corner lots or long side yards.
• Parking, Open Space and Pathway Access: Parking for residents and
guests shall be conveniently located. Open spaces for landscaping, decks,
terraces and visual relief shall be considered. There shall be pedestrian
and bicycle access to the path and street system.
• Entry Walks and Drives: Driveway widths shall be kept to a minimum
at the curb line and widen as necessary within the property. Walks shall
be appropriately scaled. Brick and stone pavers, or patterned concrete is
encouraged for walks and drives.
LANDSCAPE DESIGN GUIDELINES
PUBLIC RIGHTS OF WAY
Design Objectives
The design guidelines for public rights of way reflect several important goals; to
strengthen the area's identity, to create a pleasant pedestrian environment, and
too achieve an efficient and safe traffic flow. From these goals a number of
objectives explain the purpose of the recommended design guidelines.
• To establish consistency in the design of streets within the Lakemoor
project area.
• To create a strong visual framework through street design which unifies
the project and which provides the background for individual expression
in the design of specific project areas and parcels.
• To, create streetscapes which are visually distinctive and memorable to
users and residents of the project and thus strengthen the identity of the
site within the context of the City of Eagle.
• To, increase nedestrian accessibility. safety . and comfort throughout the
project.
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Landscape Standards For 4 -Lane or 3 -Lane Collectors
Q
LAuta dtn
-i d travel tsn �a lane
�°" ape �s mit Plandng Strip
5 Meandering Walkway
ACRD. dim
Landscaped
lane, bike lane
Ci al land� travel,,
kt Raiding
5 Meandering
Landscaped Setback
to
• Large canopy trees are placed at approximately 35 foot intervals within
the curbside planting strip. At street and driveway intersections trees are
located with respect given to A.C.H.D. clear vision standards.
• All street trees have a minimum four (3) inch caliper and are limbed to a
minimum height of 8 feet at the time of installation.
• The property owner fronting the street provides a minimum of five (5)
feet of planting between the edge of the pedestrian path and edge of any
site development (parking lot screens, landscaped areas, etc.) except at
entryways where design flexibility is required.
• Pedestrian crosswalks, which cross four -lane streets or any other
exceptional heavily traveled street, have 10 foot wide crosswalks defined
by a pair of 12 inch painted lines.
Landscape Standards for Collector and Local Streets
The purpose of the street tree standard is to provide a clear basis for selecting
the appropriate type of tree for each street in the Lakemoor project. The visual
importance of street trees is critical to the identity of the area. Street trees bring
visual order by providing a unifying element to allow individual expression to
distinctly occur.
• Medium-size canopy trees are placed at approximately 35 foot intervals
between the curb and sidewalk.
• All trees and associated groundcovers or lawn areas are to be irrigated
with underground, automatic systems.
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• All street trees have a minimum three (3) inch caliper and are limbed to
a minimum height of 7 feet at the time of installation.
• The property owner fronting the street provides a min. of five (5) feet of
lawn or groundcover between the edge of the sidewalk and edge of any site
development (parking lot screens, shrub landscaped areas, etc.).
• The abutting property owner is responsible for maintaining the
improvements within the public right of way from the property line to the
edge of the curb. This includes street trees, groundcover areas, irrigation
and sidewalks.
• The entrances to the residential areas are to be defined with a raised
feature planted island and identification sign.
Plant Material
The use of semi -mature plant materials is important to establish the character of
the development. The use of more mature plant material allows for more
immediate enjoyment and provides a more finished look to the development. At
a minimum the size at time of planting should be that which is set forth in the
Eagle City Code.
Native Vegetation
Make extensive use of native plant material (trees, shrubs, and groundcovers) in
the design of landscape areas. Non-native ornamental plant material can be
used to expand the creative palette of the landscape designer provided the plants
are hearty and compatible in character with native material.
• Retain as many existing trees as possible with calipers of four inches or
greater. Retain understory vegetation to support wildlife habitat.
• Add trees to groups of existing trees to visually expand and enhance the
presence of the native plant environment.
• Include sufficient evergreen plant material within the development to,
create a year-round foliage effect. Possible locations include: service areas
along borders with residential areas, along blank walls, and on parking
islands.
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EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Introduction
It is the goal ofOwner to bring a high level of retailing
and architectural sophistication to Lakemoor. It is their
desire to make this project an urban landmark that will
not only encourage the residents ofEagle to remain in
the community, but will also attract people from
neighboring areas.
In addition to shopping, this center is intended to offer
dining and entertainment in a friendly and engaging
environment. It will serve as a catalyst of activity
where people of all ages and gender will be able to
interact with one another reinforcing the sense of
belonging in the community.
Guidelines Objectives
The goal of these Commercial Design Guidelines is to
establish minimum quality standards for the
placement, arrangement, materials and style of the
elements that will form the built environment
These guidelines are not intended to prescribe any one
particular design solution but rather to set an overall
framework where a variety of creative solutions can
coexist in apleasant and harmonic setting.
Design Philosophy
Sense of Place
The design philosophy fortheproject istocreate a safe,
exciting, friendly, and visually stimulating environment
that becomes a center of social activity for the
community .
Itis intended to convey an inviting sense of elegance,
exclusivity, and sophistication. The design and
placement of the buildings and public spaces will be
arranged and choreographed into an eclectic and
visually stimulating composition. This arrangement
shall elicit a positive emotional response defined as
"sense ofplace." Sense of place means asetting that just
feels right.
Sense of place is achieved when the space meets the
following characteristics:
1
• Sense of order
• Sense ofscale
• Sense ofmystery
• Sense ofenclosure
• Sense ofhonesty
• Sense ofstyle
Sense of Order
Lakemoor will have a clearly defined layout that will
provide a sense of orientation and order. It will be
inviting and comfortable and provide users with a sense
of familiarity and security.
The heart of the project, located at the center of the
main vehicular drive, will offer congregational
opportunities and it will be clearly defined by the
positioning of significant buildings. This space will be
connected by a network of sidewalks and vehicular
drives which will be visually stimulating and provide a
memorable experience forthe users. In addition to these
links, there will be a paseo that will provide convenient
pedestrian flow betweenthe shops and the parking areas
located attheperiphery ofthe center.
Sense of Scale
• Relation tohumanscale
• Clear understanding of proportions and
relationships
• Appropriate placement and dimensioning of
elements
The sizing of public spaces and the dimensioning of
buildings, as well as the relationships in between them
will carefully respond to the human scale. It will be
important that the spaces generated by the layout of the
center provide a variety of
experiences for the users. Spaces that transition from
narrow to wide and open create dramatic effects that
enhance the quality ofthe setting.
Architectural elements that are tall in nature create a
visually stimulating composition when they are
positioned against low and horizontal backgrounds
EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Some non occupied architectural features may exceed
40' in height to create focal destinations such as but not
limited to: cupolas, finials, roof- ridge line, roof peaks
and towers.
Sense of Mystery
• Development ofa plot
• Choreographing of elements
• Sequencing I variety of experiences
The project layout and architectural treatment of the
buildings will promote exploration and discovery. The
properly choreographed placement of architecturally
significant elements and public areas will stimulate the
desire to stroll around and get acquainted with the variety
of experiences offered by the center.
Sense of Enclosure
• Space containment
• Sense of being immersed in a unique
environment
• Sense ofsecurity
For the space to encourage personal interaction, be
comfortable and safe, it is essential that there is
containment and definition of its boundaries. The
establishment oflimits meets abasic human need.
The definition of the space will occur at various levels,
from street edges defined by the large buildings to
intimate spaces defined by umbrellas and canopies.
Sense of Honesty
• Material selections (natural vs. faux or
artificial)
• Architectural credibility
The architectural forms as well as the materials selected
fortheprojectmustbeperceivedasnatural and authentic
in the areas that are in close contact with the public. This
is especially true at sidewalks -and areas of facades from
the ground up to 8-15 feet high.
2
Any architectural style could potentially fit within the
composition ofthe center as long as the proportions,
colors, and materials are consistent with that particular
vocabulary.
Sense of Style
The architectural treatment of the buildings will be
eclectic in character. To diminish visual fatigue and to
create a rich and visually stimulating
environment the center will promote the co- existence
of traditional contemporary and transitional styles in a
harmonic composition.
Good taste individualistic expression, and appropriate
building articulation will be more important than strict
enforcement ofany particular style.
Zone of Direct Interaction
Adding another dimension to the architectural elements,
signage and environmental graphics will be
instrumental in establishing the character and identity
ofthe design.
Since the vast majority of the pedestrian movement
occurs on the sidewalks, the interaction with the spaces
and therefore the perception of the quality of the
environment is stronger in that area.
Design Categories
In orderto better identify the specific intent for all ofthe
components that potentially will be part of Lakemoor,
these guidelines have been divided into design
categories associated with the different type oftenants.
The following is a list of such categories:
• Anchor tenants
• Specialtyshops
• Restaurants
• Service areas
EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Anchor Tenants
Large formatretailcan bedefinedas anchor stores having
prototype architecture on a regional or national basis. For
the purpose of this document they will be defined as
Tenants of20,000 SF or larger.
The design criteria outlined herein is intended to provide
design standards for large footprint buildings that need to
be assimilated within the context of the center without
detracting from the scale, connectivity, traffic patterns,
walk -ability and imageoftheproject.
• Facades shall be articulated to reduce any
massive scale or impersonal appearance.
• Buildings shall have architectural features and
patters that provide visual interest.
• Variation in rooflines is encouraged.
• Entryway design elements shall give orientation
and be aesthetically pleasing.
• Canopies or other weather protection elements
will be recommended at main entrances to
articulate the design features of the facade.
• Buildings may be two stoly based on need and
use requirements but canrnt exceed 50' in
height.
Specialty Shops
Smaller retail and service-oriented establishments shall
enhance the center's identity and provide the core of
shopping activitytothepublic. Their presence shall give
a friendly and intimate appearance to the composition.
Window displays should contribute to the visual
enhancement of exterior facades.
The design includes the following:
• Appropriately scaled entryway features
including windows, doors, portals, arcades,
recesses, and overhangingprojections.
• Storefronts shall provided substantial
transparency from grade to l0feet high
between piers.
3
• Large expanses of blank walls are
unacceptable.
• Facade materials shall be aesthetically
pleasing and compatible with materials and
colors used throughout the project.
• All roofequipment must be concealed from the
public view.
• The parapet height for a one-story building
shall be at a minimum to appropriately screen
roofequipment.
• The use ofE.LF.S. or easily damaged materials
shall be discouraged below 6foot above grade.
Restaurants
Restaurants are an important component of the fabric of
the center. They provide indoor and outdoor activity
and help activate the public realm enhancing the sense
ofplace.
• Prototype identity for established restaurants
will be embraced
• Service areas and rear facades shall be
properly designed tomaintain Il is1l al quality.
• Outdoor seating areas and patios are
permitted and shall be encouraged.
• Unusual exhaust and mechanical apparatus
shall be carefully incorporated into the
architecture ofthe buildings.
• Buildings maybe two story based 011 need and
use requirements but cannot exceed 50' in
height
Service Area
• Service Courts will be treated with E.I.F.S.,
painted CMU, or decorative CMU integrally
colored to complement the centerpalette.
• Where portions ofthe service court walks) are
exposed, additional enhancements will be
incorporated that are consistent with the
requirements for building facades.
• All rooftop HVAC equipment will be screened
from public view.
EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Service Area - (continued)
• Adequate turning radii trucks to circulate
within the development will be provided.
Materials
The selections of materials for Lakemoor will be
evaluated on their capacity to perform under
anticipated weather conditions and also by their visual
appearance as well as ability to create the desired
architectural effect.
As a general rule, the materials that are in close
contact with the public (sidewalks and the first eight
feetoffacadetreatment) will be durable and convey a
sense of naturalness and authenticity.
The following is a suggested list of acceptable
materials for the facades exposed to view:
• Face brick
• Smooth face, integrally colored concrete
masonry units (used mainly as fences /
screen walls typical)
• Smooth face concrete masonry units
• Fluted or split face, integrally colored
concrete masonry units
• Fluted orsplit-face concrete masonry units
• QuikBrik, Design Brik (C .M.0 that simulates
brick)
• Glass block
• Poured, Pre -cast, and colored/decorative
concrete
• Poured concrete
• Cast stone and limestone
• Simulated/cultured stone
• E.I.F.S and Stucco
• Stained wood
• Glass (clear, colored, sand blasted, etched,
etc)
• Storefront (aluminum, wood, steel, etc)
• Metalpanels
• Decorative metals
• Curtain wall
• Brick pavers, stamped and/or ceramic tile
4
• Clay or colored concrete roof tiles
• Dimensional asphalt shingle roofing
• Standing seam metal roofing
• Synthetic slate roof
• Painted C.M. U. (mainly for service areas)
Colors
The overall color palette for the center will be "`warm
and earthy" in character. The majority of
the buildings coloration will have a bias towards the
ambers, tans beiges, and warm grey hues. These colors
will be complemented with elements that will show
higher intensities of tone such as deep ambers. yellows,
ochres, and oranges to create visual interest.
In special situations there will be an introduction of
greens, aquas, violets, and other colors that are not part
of the earthy spectrum.
Elements such as awnings and signage will add color
and intensity to the facades by using primary colors such
as blues, yellows and reds.
Facades
The architectural treatment of the facades that are
exposed to view will be a combination of traditional,
contemporary and transitional styles. At strategic
locations there will be architecturally significant
elements such as towers or carefully articulated facades
that will help define public spaces, terminate visual
corridors or become orientation points that will add a
sense oforder and mystery to the overall composition.
In an effort to add authenticity to the composition, the
architecture will enable "individualistic expressions"
thus allowing retailers the ability to showcase their
image and brand. Elements such as storefronts, awnings
and knee walls will be designed by the tenants with the
Owner's approval to enrich the visual quality of the
space.
EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Facades - (Continued)
The overall design of the buildings will promote
horizontal and vertical movement in the facade
planes to enhance interest and `sculptural feel". The
building's facades will be complemented with
trellises, canopies, colonnades, blade signs and wall
mounted fixtures to create an accessorized look to the
experience along the sidewalks.
Hardscape
The hardscape treatment for the center will be
designed to accentuate and define areas ofactivity and
to enhance the architectural character ofthe space. A
variety of materials will be used to add visual
interest and richness to the environment.
In plazas where congregational opportunities are
provided, special attention •will be given to the
sculpting ofthe space. The introduction of elements
such as fountains, sculptures, gazebos, seating
areas, lawns, etc. will help create a comfortable yet
dynamic environment forthe public. These elements
will help encourage multi -generational interaction.
The use of pavers and accent treatments like
sidewalks, pedestrian crossings and plazas will help
create visual defmition and embellishment to the
pedestrian experience. Textural changes at vehicular
traffic zones will function as traffic calming devices
that will help create a safer environment forthe users.
Landscape
Primary landscape materials will be of quality.
Shrubbery and ground covers will provide visual
impact with the use of color and texture while also
providing screening in needed areas. The landscape
elements in general will be used to highlight the
architecture ofthe surrounding structures.
Landscaping and planting areaswill be reasonably
•spersed throughout the site. The interior
•dimensions of any planting areas or any planting
median must be sufficient to protect the landscape
materials planted within and to ensure proper
5
growth with an attractive appearance. Plant material
should be selected for type, size and quality on the
basis of suitability to climate, setting. and
compatibility with other plant material.
Planting in public right ofway to be considered. Tree
replacement calculations will not be enforced in this
situation.
Parking areas have been designed to comply with the
intent of the local code required landscape island
spacing and density. Landscape terminal
islands, perimeter islands as well as large landscape
canoes where placed within the site to be within 60'
ofavehicle by measuring from either the front or rear
of the vehicle, The large canoes provide a better
breakdown ofthe parking lot areas into smaller zones
and provide better planting area for landscape
materials. On Main Street we have included terminal
islands at drive entries and have designed raised
Landscape Planters at 50' centers located within the
sidewalk transition zone for continuous street trees.
All landscaping covenants described above are
referenced inthe `tandscape Plan LS 10 01, 10 02,
10 03, 10 04 and 10 05 dated 4/11/07" drawings
attached.
Lighting
Lighting for the center will be divided into general
illumination and specialty / accent lighting.
General illumination shall include the following:
• Parking lighting
• Historic Style Street poles
• Wall packs
Specialty / accent lighting may include the
following:
• Decorative wall sconces
• Accent building lighting
• Landscape lighting
• Lighted bollards
General parking lot illumination will be designed and
installed so that the level of illumination as measured
in foot-candles at grade provides a minimum of 2
foot-candles. Where possible on the
EXHIBIT "F"
COMMERCIAL DESIGN GUIDELINES
Lighting- (continued)
site and to maintain acceptable light uniformity, a
maximum to minimum light level design goal is not to
exceed aratio offive to one. Light fixtures will be (HPS)
high pressure sodium and mounted on a maximum 30'
highpole and base assembly.
Accent building lighting shall be used to enhance entries,
tower elements, and piers at prominent locations and
shall be metal halide.
Landscape lighting shall be utilized to accentuate the
plantings at entrances, the plaza and at prominent
landscape features and shall be metal halide.
Historic style light standards \\ill line the main arteries of
the center and shall be illuminated with metal halide.
(See attached drawings L-1 thru 3 dated 6/7/07.
Building Illumination
Building and canopy lighting may be high efficiency, low
wattage metal halide fixtures to maximize effect and
color rendering.
This includes equipment with inherently superior
reflector light control and precision optics, eliminating
glare and off-site light trespass. Some LED sources
could be utilized as well.
Architectural lighting sconces will be used at piers and
entries for pedestrian orientation and safety. Low level
recessed walkway lights will be utilized where necessary
for supplemental safety illumination.
A maximum 17, high historic pedestrian light pole willbe
used inpedestrian areas and street side vehicular parking
locations. High efficiency, low wattage metal halide
fixtures will be employed as the principal light sources in
order to maximize effects and color rendering.
_Special accent lighting of landscape elements and water
features will be employed at key locations to
•• enhance the pedestrian experience. Both metal halide
and LED illumination will be considered for longevity
and color reliability.
6
Amenities
The selection of architectural amenities shall be
complementary to the architectural character of the
center. The amenities shall convey a sense of warmth
and comfort and be visually appealing and properly
integrated into the fabric ofthe center.
The materials used for the selected amenities shall be
durable and functional. The list of potential amenities
shall include (but not limited to) the following:
• Benches
• Trash receptacles / as receptacles
• Decorative poles with fabric banners
• Bike racks
• Fountains
• Gazebos
• Tower structures
• Pedestrian walkway/trail way
• Music systems
• Flagpoles
• Plaques
• Phone enclosures
• Tables/umbrellas
• Valet parking booths
• Clocks
• Advertising panels
• Carts and kiosks
• Customer service booths
• Water fountains
• Vending machines
Graphics
The graphics and the site signage for the center will
serve to orient and facilitate the movement of
people around the center and to create an easily
identifiable environment. They will also help to
accessorize the architecture of the building and to
highlight areas and zones of special interest.
The overall feeling for the signage shall be compatible
with the eclectic flavor of the buildings. A variety of
styles -will be encouraged as long as all
EXHIBIT "F"
COMMERCIAL
Graphics - (continued)
the signage meets the minimum standards of quality,
elegance and sophistication established for the center
as awhole.
The character ofthe project and the tenant signage will
be defined by specific "Sign Design Guidelines"
developed by Owner and their design consultants, as
theprojectevolves.
These guidelines will allow individualistic expression
andrespect to the various brands, but
•will exercise control over the dimensions, locations,
material and style of the signs. The Owner's group
will reserve the right to review and modify any
signage that does not comply with the directives ofthe
pre -established standards.
The following is a list ofthe potential (but not limited
to) sign types that will be part ofthe project:
Monuments
• Vehicular directionals
• Pedestrian directionals
• Directories
• Street signs
• Blade signs
• Storefront
• Tenant
• Banner program
Signage
The design of the signage at Lakemoor is an integral
and important component ofthe overall design theme.
It is imperative forthe
success of the center and the tenants that an eclectic
and wide range ofsigning be allowed.
This signage program shall be submitted for approval
to the City of Eagle. The program consists of the
following categories that have been established to
more clearly identify the types of signs to be use at
Lakemoor.
Project identity signage (major anchor tenant not to
exceed 72 "inheight, secondary tenants nottoexceed
36" in height both having a width of no more than
70%ofthe tenants space.
DESIGN GUIDELINES
7
• Monument signs
• Street signs
• Banners
• Temporary signs
• Directional signs
• Pedestrian directionals
• Vehicular directionals
• Pedestrian directionals
• Tenant signage
• Fascia signs
• Window signs
• Blade signs
• Awnings signs
• Service area signs
• Individual internally illuminatedplexface
channel letters
• Individual internally illuminated back or halo
lit
• letters
• Externally illuminated signs
• Non lit signs
• Open/ace channel neon letters
• (See attached example of allowable sigll types)