Development Agreement - 2017 - Lanewood / Homestead MOD - 6/12/2017Recording 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=9 VICTORIA BAILEY
EAGLE CITY
2017-082148
08/31/2017 11:29 AM
NO FEE
111111111111111IIIIIIIIIII 111418 II111111111111I1I
00403840201700821480090094
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, made and entered into on the date as indicated herein,
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through
its Mayor, and Brighton Investments LLC, an Idaho limited liability company (`BI"), SCS Lanewood
Investments LLC, an Idaho limited liability company ("SCSL"), SCS Investments LLC, an Idaho limited
liability company ("SCSI"), and Smith Brighton, Inc., an Idaho corporation ("SBI"). BI, SCSL, SCSI and
SBI are successors in interest to Lanewood Eagle, LLC, and may be collectively referred to herein as
"Owner".
WHEREAS, BI, SCSL, SCSI and SBI are tenants in common owners of certain real estate
consisting of approximately 110.69 -acres generally located at the northwest corner of North Linder Road
and West Floating Feather Road, Ada County Parcels #S0402449200, #S0402436004, and #S0402427815
("Property"), as shown on the Concept Plan (Exhibit B-1 and Exhibit B-2), which is the subject of
applications for rezone originally identified as Rezone Application Nos. RZ-03-12 and. RZ-04-13 and
subsequently combined into the development agreement associated with RZ-04-13 recorded under
Instrument No. 201-008962; and
WHEREAS, the proposed development agreement modification includes properties within an area
currently zoned R -3 -DA -P (Residential with a development agreement — PUD); and
WHEREAS, the Owner desires a R -3 -DA -P (Residential — up to three (3) units per acre with a
development agreement — PUD) zoning classification to develop a 248 -lot (222 buildable, 26 common)
residential subdivision (known as Lanewood Subdivision), with the option to convert residential lots to a
potential church site as shown on Exhibit B-2 on the above described property, which is herein referred to
as the "Property"; and
WHEREAS, all provisions with the development agreement recorded under Instrument No. 2016-
008962 are in, and shall remain in full force and effect, except that, conditions of development 3.3, 3.4, and 3.8
are amended as stated herein and conditions of development 3.8 and 3.9 are added to the development
agreement.
WHEREAS, the Owner has provided Eagle with an affidavit with the development agreement
recorded under Instrument No. 2016-008962 agreeing to submit the Property to a development agreement
pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that have
arisen and for and in consideration of the mutual covenants contained in the Development Agreement
recorded under Instrument No. 2016-008962, the modification is agreed to as follows:
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ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
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(s) to R -3 -
DA -P, subject to the provisions of the Development Agreement). The Property(s) were annexed and
rezoned with two (2) separate ordinances. Ordinance #719 and Ordinance #749 became effective after its
passage, approval, and publication April 28, 2014, and February 29, 2016, (respectively) and the execution
and recordation of the Original Development Agreement, subsequent modifications, and Ordinance #719
and Ordinance #749, will continue to be effective after the execution and recordation of this Development
Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.3 The Concept Plans (Exhibit B-1 — B-2) represents the Owner's current concepts for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 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, pressurized irrigation facilities, and amenities.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibits (Exhibit
E-1 — E-2). All other fencing (i.e. chainlink) shall be prohibited. A requirement that the stained
cedar fencing located adjacent to the subdivision boundary and the entry corridors shall be
maintained in an attractive manner.
3.8 The residential lots and landscape buffer located adjacent to North Lanewood Road at the northwest
corner of the Property may be converted to a church site. A church use which is shown as "C" —
Conditional Use under the R (Residential) zoning designation within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations," shall be a permitted use on the Property. Owner shall
submit a design review application for the site and shall comply with all conditions required by the City
of Eagle as a part of the design review prior to issuance of a zoning certificate.
This action does not propose modification to the approved preliminary plat (PP -09-13) or deletion of
the referenced lots. In the event that construction of a church does not occur, the residential lots will be
developed as proposed, approved, and depicted on Exhibit B-1.
3.9 Owner shall work with the property owner located at 2220 North Lanewood Road, ACHD, and the City
to provide access from the local street located adjacent to the northern property line associated with
2220 North Lanewood Road.
ARTICLE IV
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 2016-008962, remains
in full force and effect except as modified in Article III herein.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this i :;.ti, day of 7vA/E-- , 2017.
ATTEST:
•. OP.••••
•
OF IIWO
Bergmann, City Clerk
on .
OWNER:
CITY OF EAGLE, a municipal corporation organized
and exig under theaasys of tJ State of Idaho
By:
Stan Ridgeway, Mdyor
SMITH BRIGHTON, INC.,
an Idaho corporation
By:
6t.'7f
David W. Turnbull, Pr. ident
BRIGHTON INVESTMENTS LLC,
an Idaho limited liability company
By:
David W. Turnbull, Managing Member
SCS LANEWOOD INVESTMENTS LLC,
an Idaho limited liability company
Stev
s, M
. rrn , ana fdr
SCS INVESTMENTS LLC,
an Idaho limited liability corn
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STATE OF IDAHO
: ss.
County of Ada )
On this I day of J(il, . , 2017, before the undersigned notary public in and for the said
state, personally appeared DAVID W. TURNBULL, known or identified to me to be the President of Smith
Brighton, Inc., owners of the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal e day an year firsyllove written.
..iii L i,,t ; a..
STATE OF IDAHO
County of Ada
AMANDA MC P!'Y
NOTARY -', :ca
STATE 01 : UHr1O
: ss.
31,t0.1
On this 1`�"day of , 2017, before the undersigned notary public in and for the said
state, personally appeared DAVID W. TURNBULL, known or identified to me to be the Managing Member of
Brighton Investments, owners of the property referenced herein and the persons who executed the foregoing
instrument.
Not: Public for IdJ(o � t�2�
My Commission Expires: 1
IN WITNESS WHEREOF, I have hereunto set my hand and se the day ad year fist above written.
4
4
4
P"."2"1.1• w _ . 61 • . .
AN"' ki ,, :vIcCURRY
1\10; AHY PUBLIC
STATE OF IDAHO
STATE OF IDAHO )
: ss.
County of Ada )
N tary Public fo>13daho
Commission Expires:
AMANDA McCURRY
NOTARY PUBLIC
STATE OF IDAHO
On this U day of 714'x, , 2017, before the undersigned notary public in and for the said
state, personally appeared STEVEN C. SMITH, known or identified to me to be the Manager of SCS Lanewood
Investments LLC, owners of the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal -. : y and year first above
HILLARY HOLGATE PYPER
Notary Public
State of Idaho
0
My Commission Expires:
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STATE OF IDAHO )
: ss.
County of Ada )
On this Cr day of -5„yi,xa, , 2017, before the undersigned notary public in and for the said
state, personally appeared STEVEN C. MITH, known or identified to me to be the Manager of SCS Investments
LLC, owners of the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and sea they and year st above
HILLARY HOLGATE PYPER
Notary Public
State of Idaho
Notary Public ftr
My Commission Exp
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LANEWOOD SUBDIVISION
(aka HOMESTEAD)
BRIG HTON
CORPORATION
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LANEWOOD SUBDIVISION
(aka HOMESTEAD)
BRIGHTON
CORPORATION
Z-=90 91HX
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MASTER SITE PLAN SHOVANG
LANE WOOD SUBDIVISION
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Sheet 1 of 2
MASTER SITE PLAN SH YANG
LANE WOOD SUBDIVISION
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Sheet 2 of 2