Findings - CC - 2017 - RZ-13-05MOD4 - Modification To The Legacy Rezone DaBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A MODIFICATION TO THE LEGACY
REZONE DEVELOPMENT AGREEMENT
MODIFICATION FOR CLOUD BERRY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-05 MOD4
The above -entitled rezone development agreement modification application came before the City Council
for their decision on November 28, 2017, at which time public testimony was taken and the public hearing
was closed. The City Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cloud Berry, LLC, represented by Justin Martin, is requesting a modification to amend and restate
the previously approved development agreements (recorded as [Original] Instrument No.
106161990, [First Modification] Instrument No. 109008326, and [Second Modification]
Instrument No. 113024773) associated with the R -2 -DA -P (Residential -up to two units per acre
with a development agreement - Planned Unit Development) zoning classification for the Legacy
Development. The 623.9 -acre site is generally located approximately 1,850 -feet north of State
Highway 44 between Linder Road and State Highway 16.
B. APPLICATION SUBMITTAL:
The rezone development agreement modification application was received by the City of Eagle on
November 7, 2017.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
November 13, 2017. Notice of this public hearing was mailed to property owners within three
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 9, 2017. The site was posted in
accordance with the Eagle City Code on November 17, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat for the
Legacy Planned Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On August 28, 2007, the City Council approved the final development plan and final plat for
Mosca Seca Subdivision Phases No. 1 & No. 2 (FPUD-01-07/FP-01-07/ FP -02-07).
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits to the development agreement to provide a time schedule for
the build -out of the Academy Core area located within Mosca Seca Subdivision (located within the
Legacy Planned Unit Development) (RZ-13-05 MOD).
Page 1 of 22
K:\Plannmg Depaagk Applications l'rclunmary D..%01..pmrnt Plans\2005Usgacy DA MOD 4 x± d��
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits within the development agreement to address the percentage
of allowable second story square footage in relationship to the first floor for homes located on lots
less than 8,000 -square feet in size, the provisions of private roads, construction flooring material
for attached single-family dwellings, and the Memorandum of Agreement regarding the on-site
municipal water system (RZ-13-05 MOD 2).
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010 (EXT -12-09).
On November 9, 2010, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011 (EXT -07-10).
On September 13, 2011, the City Council approved an extension of time for the preliminary plat
for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012 (EXT -06-11).
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits within the development agreement to address the allowed density, modify
the open space by removing the requirement to construct the sports academies, and address the
condition of development regarding a school site (RZ-13-05 MOD 3).
On August 24, 2012, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 1 (a portion of Mosca Seca Subdivision No. 3) (FPUD-01-
12/FP-01-12).
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office
On January 8, 2013, the City Council approved a final development plan/final plat for Snoqualmie
Falls Subdivision No. 2 (a portion of Mosca Seca Subdivision No. 3) (FPUD-02-12/FP-04-12).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved Snoqualmie Falls Subdivision No. 3 (a portion of
Mosca Seca Subdivision No. 3) (FPUD-02-13/FP-06-13).
On September 10, 2013, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 4 (CU-03-
13/PPUD-03-13/PP-05-13 ).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the
Ada County Recorder's office.
On January 14, 2014, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 5 (CU-08-
13/PPUD-07-13/PP-12-13 ).
On January 28, 2014, the City Council approved a final development plan/final plat for
Snoqualmie Falls Subdivision No. 4 (FPUD-05-13/FP-14-13).
On January 19, 2014, the Design Review Board approved the common area landscaping within
Snoqualmie Falls Subdivision No. 4 (DR -68-13).
Page 2 of 22
K:\Plannmg lhpl\I agl' Applmam:ns••Pre Wnmary l) :I,.pnkm Plans\2005\Lcgacy DA MOD 4 cd.Joc
On March 25, 2014, staff approved a modification to the common area landscaping within
Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada
County Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On February 24, 2015, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls No. 6 planned unit development
(CU-06-14/PPUD-06-14/PP-09-14).
On March 26, 2015, the Design Review Board approved the common area landscaping with
Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On April 28, 2015, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 6 (FPUD-04-15/FP-05-15).
On October 28, 2015, the Snoqualmie Falls Subdivision No. 6 final plat was recorded at the Ada
County Recorder's office.
On June 9, 2015, the City Council approved the final development plan/final plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15/FP-06-15).
On June 23, 2016, the Design Review Board approved a modification to the common area
landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD2).
On July 20, 2016, the Snoqualmie Falls Subdivision No. 7 final plat was recorded at the Ada
County Recorder's Office.
On September 8, 2015, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-06-15/FP-09-15).
On January 28, 2016, the applicant submitted a final development plan/final plat application for
Snoqualmie Falls Subdivision No. 9 (FPUD-01-16/FP-01-16).
On August 22, 2016, staff approved a design review modification to relocate playground
equipment within Snoqualmie Falls Subdivision from Phase No. 7 to Phase No. 4 (DR -06-15
MOD).
On December 6, 2016, staff approved a modification to the common area landscaping at the
entrance to Snoqualmie Falls Subdivision No. 8 (DR -06-15 MOD2).
On December 8, 2016, the Design Review Board approved a covered bridge structure to be
constructed within Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD3).
On December 30, 2016, the Snoqualmie Falls Subdivision No. 8 final plat was recorded at the Ada
County Recorder's Office.
On March 29, 2017, staff approved a modification to the common area landscaping within
Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD4).
On August 22, 2017, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls No. 10 planned unit development
(CU-06-17/PPUD-03-17/PP-03-17).
On September 26, 2017, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 9-A for White Sturgeon, LLC (FPUD-04-17/FP-18-17).
Page 3 of 22
K:\I'lanning I)cpt\Eagle Applications\I'mliminary Dc‘clopmcm Plans \2005\Legacy DA MOD 4 ccf d,tc
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Residential Two (up to
two units per acre
maximum)
Proposed
North of site
ZONING
DESIGNATION
R -2 -DA -P (Residential -2
units per acre planned unit
development with a
development agreement)
No Change No Change
Residential Two
South of site Residential Two &
Transitional Residential
East of site
West of site
Residential Two and
Residential Three
Residential Two
RUT (Rural -Urban
Transition — Ada County
Designation), A -R
(Agricultural -Residential)
and R -2 -DA -P (Residential —
with a development
agreement — PUD).
RUT (Rural -Urban
Transition — Ada County
Designation), R -2 -DA
(Residential with a
development agreement)
R -2 -DA -P (Residential with a
development agreement -
PUD)
RUT (Rural -Urban
Transition — Ada County
Designation) and R -2 -DA
(Residential Two with
development agreement)
RUT (Rural -Urban
Transition — Ada County
Designation)
LAND USE
Legacy Planned Unit
Development
No Change
Single-family dwellings,
pasture, and Lanewood
Estates, Lilac Springs, and
Tannebaum Subdivisions
Single-family dwellings,
pasture, and Lincoln Park,
The Preserve, and Cabra
Creek Subdivisions
Copperfield, The Preserve,
and Senora Creek
Subdivisions
State Highway 16
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 623.9 -acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
Page 4 of 22
K:\I'lannmg Ikpt\liagle Applications\Preliminary DeNelopment I'lans\2005\Legacy DA MOD 4 cct:Joc
J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-9-05/RZ-13-
05/CU-12-05/PPUD-13-05/PP-01-06) and their correspondence is attached to the staff report:
Ada County Highway District
Central District Health Department
Chevron Pipeline (Andeavor)
Department of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Joint School District No. 2 (West Ada School District No. 2)
Middleton Mill Ditch Company
L. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The applicant is requesting a development agreement modification to combine and restate the
conditions of development that are contained within the original development agreement (Instrument
#106161990), first modification of the development agreement (Instrument #109008326) and the
second modification (Instrument #11302473). By restating the development agreement with a third
modification it will allow the conditions of development that are currently located within three (3)
separate documents to be combined into a single document that will contain all the conditions of
development associated with the original development agreement and the subsequent modifications.
• The applicant is also requesting two (2) substantive changes to the development agreement. The
requested substantive changes are regarding common area open space and housing types. The
applicant is also proposing to provide a revised concept plan.
The first substantive change to the development agreement regarding the common area open space is
to add a condition of development that requires 15% of the required 20% common area open space to
be active open space. Pursuant to Eagle City Code Section 8-6-5-2, a minimum of 20% gross land area
in a residential PUD project is to be reserved for common area open space and recreational facilities
for the residents or the users of the area being developed. A minimum of 15% of the common area
open space is to be developed as active open space. To date 34% (152.8 -acres) of the developed area
(448.85 -acres) is platted as common area open space. Although the developed area contains the
required amount of common area open space required for the development in its entirety, the proposed
Condition of Development #3.4.4.2 requires that the remaining property (175.05 -acres) will contain
active open space consisting of a swimming pool, pool house, parking area, children's play area,
community park with pond, and the regional trails. Therefore, additional open space will be provided
as the development is built -out. The applicant has indicated within the provided narrative, date
stamped by the city on November 7, 2017, that the golf course and 9.8 -acre community park currently
located within the Legacy development provide common area open space which exceeds 20% of the
entire property. Based on those amenities and the proposed Condition of Development #3.4.4.2, the
project will contain adequate common area open space to provide recreational opportunities within the
development.
The second substantive change to the development agreement is a request that the housing product
type percentage allocations be modified. Condition of Development #3.4.1.3 of the original
development agreement (Instrument #106161990) contained a housing type allotment table that was
Page 5 of 22
K:U'lannmg Dept \Eagle ApplcationsWrcliminary Doelopm,nt 1'I43t\2005\legacy DA MOD 4 cclldoc
subsequently moved to the concept plan contained within the concept plan associated with the second
modification of the development agreement (Instrument #113024773). The applicant has provided a
revised concept plan (Legacy Master Plan, date stamped by the city on November 7, 2017) that is
inclusive of a revised summary table.
The housing product type allocations recognized in the second modified development agreement
(Instrument #113024773) are as follows:
Product Type
Townhouse
Patio
Custom
Estate
Approx. Lot Size
3,800-4,999 SF
5,000-7,999 SF
8,000-11,999 SF
12,000+ SF
% of Units
4%
35%
36%
25%
Approx. Number of Units
53
466
482
334
Not to exceed 1,335
The applicant's narrative, date stamped by the city on November 7, 2017, indicates that they are not
proposing to construct any additional townhouses originally planned for 14-20% of the unit count
associated with the development, therefore, the percentage will be set at 4% at build -out. This will
allow an additional 16% of the total unit count to be added to the custom lot unit count percentage.
Additionally, the applicant is requesting to reduce the minimum patio lot unit count percentage from
32% to 30% total units to allow an additional 2% of the total units to be added to the custom lots. As
proposed, the total percentage of custom lots at build -out will be 50% of the overall total unit count of
the development.
Based on the applicant's request, the housing product type allocations for the development at build -out
will be as follows (as shown on the Legacy Master Plan, date stamped by the city on November 7,
2017):
Product Type Approx. Lot Size
TOWNHOUSE
PATIO
CUSTOM
ESTATE
3,800 — 4,900 SF
5,000 — 7,999 SF
8,000 — 11,999 SF
12,000 SF
SUMMARY TABLE
Approx. No. of
Units on
Remaining
Property
0
287
240
59
Percent of
Units on
Remaining
Property
0%
49%
41%
10%
Approx. No.
of Units at Full
Build -Out
54
398
686
220
TOTAL 586 100% 1,373*
Percent of
Units at Full
Build -Out
4%
30%
50%
16%
100%
* Total number of units approved with the original development agreement (Instrument #106161990).
As proposed, the revised allocation of units will provide a higher percentage of units larger than 8,000 -
square feet than what was approved with the original development agreement and second development
agreement modification.
• Condition of Development #3.4.1.4, contains a table showing the minimum street frontages for the lots
and setbacks for the residential units. The applicant's version of the third modified development
agreement does not show the information for the townhouse lots. Although the applicant is not
proposing any additional townhouse Tots there is townhouse product type located within the
Page 6 of 22
K:\Planning Dept\Eagle Applications\Preliminary Development flans\2005\Legacy DA MOD 4 .1 d.
development. The street frontage and setback distance table located within Condition of Development
#3.4.1.4 should remain as originally approved as follows:
Product Type
Townhouse
Patio
Custom
Estate
Approx. Lot Size
3,800-4,999 SF
5,000-7,999 SF
Frontage'
Setbacks
Front
Rear Interior Street
Side2 Side
8 ft from
property line
or back of
sidewalk
30 ft whichever is 10 ft 5 ft3 10 ft
greater for
living space;
20 ft for the
garage
30 ft
8,000-11,999 SF 30 ft
12,000-16,999 SF 30 ft
17,000 SF + 35 ft
15 ft
living
20 ft
garage
20 ft
25 ft
30 ft
from
space/
from
10 ft 5 ft 20 ft
25 ft 5 ft 20 ft
25 ft 7.5 ft 20 ft
30 ft loft 20 ft
' The minimum street frontage for all flag lots is 20 feet.
2 Additional five feet per story setback for multi -story structures.
3 No setback applies to the interiors of connected dwelling units.
The applicant submitted a Legacy Master Plan, date stamped by the city on November 7, 2017, which will
be utilized as the concept plan for the third modified development agreement. Within that document there
are two (2) areas which state, "Concept Only: Subiect to Chance Without Notice." Condition of
Development #3.1 of the submitted Development Agreement Third Modification, date stamped by the city
on November 7, 2017, references an Updated Development Plan that is attached to the development
agreement. As part of the condition of development it is indicated the development of the property is to be
generally consistent with the Updated Development Plan. The condition of development further states it is
the intent of the Third Modification to allow flexibility at the time preliminary plats are submitted to the
city, so long as the general intent of the Concept Plan and requirements set forth in the development
agreement are met. Since the condition of development allows for flexibility, the words, "Subject to
Change Without Notice," should be removed from the Legacy Master Plan. Furthermore, since the Legacy
Master Plan provided by the applicant is referenced as both the updated development plan and concept
plan within the conditions of development, all references in the conditions of development should be listed
as Updated Development Plan instead of Concept Plan. The Legacy Master Plan exhibit should be labeled
as Legacy Updated Development Plan to coincide with the conditions of development.
Page 7 of 22
K:\I'Iannmg DeptTagle Applications\PrcWninary Dccelopmem Plans\2005 Legacy DA MOD 4 ccl doc
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends approval of the requested third
modification to amend and restate the previously approved development agreements (recorded as
[Original] Instrument No. 106161990, [First Modification] Instrument No. 109008326, and [Second
Modification] Instrument No. 113024773) with the amended and restated development agreement third
modification as provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 28, 2017, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicants/representatives).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the proposal was presented to the City Council
by one (1) individual who had a question regarding the mix of housing types within the development.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-13-05 MOD4 for a modification to the development agreements
for Cloud Berry, LLC, by amending and restating the previously approved development agreements
(recorded as [Original] Instrument No. 106161990, [First Modification] Instrument No. 109008326, and
[Second Modification] Instrument No. 113024773) to read as follows:
DEVELOPMENT AGREEMENT THIRD MODIFICATION
This Development Agreement Third Modification ("Third Modification") is made and entered
into by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Cloud Berry, LLC, an Idaho limited liability company (the "Owner").
WHEREAS, a Development Agreement was executed by the then Mayor of Eagle on October 10,
2006 and recorded October 12, 2006, as Instrument No. 106161990, records Ada County, Idaho (the
"Original Development Agreement"), and subsequently modified by a Development Agreement
Modification ("First Modification") executed by the then Mayor of Eagle on January 14, 2009 and
recorded as Instrument No. 109008326, records Ada County, Idaho, and subsequently modified by another
Development Agreement Modification ("Second Modification") executed by the then Mayor of Eagle on
November 14, 2012 and recorded March 8, 2013 as Instrument No. 113024773, records Ada County,
Idaho, which Original Development Agreement and referenced First Modification and Second
Modification are collectively hereinafter referred to as the "Development Agreement"; and
WHEREAS, the original property subject of the Development Agreement consisted of
approximately 624 acres (the "Original Property") permitted up to 1,373 dwelling units zoned R -2 -DA -P
(residential two (2) units per acre with a development agreement - PUD). To date 787 residential dwelling
units have been platted in subdivisions, specifically Mosca Seca Subdivision Nos. 1 and 2, Foxglove
Estates Subdivision No. 1, and Snoqualmie Falls Subdivisions Nos. 1 through 10 (collectively the
"Developed Portion"); and
WHEREAS, Eagle Sport Legends Development, LLC, one of the original applicants in the
Original Development Agreement intended to develop a portion of non-residential property with
Page 8 of 22
K:U'lannmg Deptll le Applications\Preliminary Development Plans'.2005\Legacy DA MOD 4 ce doe
recreational and social facilities ("Academy Facilities") comprising 11% of the Original Property (see
Section 3.4.4.2 of the Original Development Agreement); and
WHEREAS, at the time of the Second Modification, the Owner owned approximately 448.25
undeveloped acres of the Original Property, 272 acres of which have subsequently been developed1
leaving the balance of 176 acres to be developed (the "Owner's Remaining Property"), legally described
on Exhibit A, and depicted on Exhibit B (the "Updated Development Plan"). The Owner's Remaining
Property lies primarily west of Palmer Rd.; and
WHEREAS, Article I of the Second Modification rewrote "ARTICLE III CONDITIONS ON
DEVELOPMENT" of the Original Development Agreement by modifying certain sections, leaving as is
certain sections, and intentionally deleting certain sections; and
WHEREAS, all requirements relating to the Academy Facilities were removed by the Second
Modification's deletion of Section 3.4.4.2 of the Original Development Agreement and its subsections; and
WHEREAS, the Owner and Eagle desire to provide for the future development of Owner's
Remaining Property, consistent with the Development Agreement as modified, but recognize that in order
to do so, clarifications to the Development Agreement are in order; and
WHEREAS, the intent of this Third Modification is to ensure that the Owner's Remaining
Property is developed in a manner consistent with the Development Agreement as modified herein; and
WHEREAS, in order to update the Conditions on Development (Article III of the Original
Development Agreement) to reflect the residential product type developed to date, and prescribe the
Conditions of Development applicable to the Owner's Remaining Property, the parties desire to fully restate
the Development Agreement and where applicable make modifications thereto, including the Conditions
on Development of the Original Development Agreement.
ARTICLE I
LEGAL AUTHORITY
The Development Agreement, as modified herein, is made pursuant to and in accordance with the
provisions of Idaho Code Section 67-6511 A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle previously adopted ordinances annexing the Original Property and rezoning the entire
Original Property to R Residential District with a development agreement and planned unit development
(R -2 -DA -P), subject to the provisions of the Original Development Agreement, with the ordinances
becoming effective following their passage, approval, and publication.
ARTICLE III
MODIFIED CONDITIONS OF DEVELOPMENT
AMENDING AND RESTATING ARTICE III OF THE DEVELOPMENT AGREEMENT
1 A portion of Snoqualmie Falls No. 9 and Snoqualmie Falls Subdivision No. 10 are at the preliminary plat stage.
Page 9 of 22
K:\Planning Dept\I agle Apphcau,.nrt'r hmmary D,% I pmrnt flans\2005\Legacy DA MOD 4 of dot
3.1 Updated Development Plan. The development of the Owner's Remaining Property
shall be generally consistent with the Updated Development Plan attached hereto; provided however it is
the intent of this Third Modification to allow flexibility at the time preliminary plats are submitted to the
City, so long as the general intent of the Updated Development Plan and the requirements set forth in the
Development Agreement, as amended herein, are met.
3.2 Owner will develop the Owner's Remaining Property subject to the conditions and
limitations set forth in the Original Development Agreement as modified herein. Owner will also submit
such applications regarding design reviews, preliminary and final plat reviews, conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code in effect at the
time this Third Modification is recorded.
3.3 Except as otherwise provided in this Third Modification, or by applicable ordinances,
development of the Owner's Remaining Property shall comply with Eagle's Comprehensive Plan and City
Code as is in effect at the time this Third Modification is recorded.
3.4 Development of the Owner's Remaining Property shall compromise three primary
elements: residential development, commercial/office development, and open space, as described below.
3.4.1 Residential Development.
3.4.1.1 Up to 1,373 dwellings were permitted to be developed on the
Original Property. A total of 787 units have been platted to date, leaving 586 units that
may be still developed. Owner anticipates however, that at full build out the two units per
acre of the underlying R-2 Zone will be achieved without the density bonus of 2.2 units
per acre. Consequently, owner represents that the total dwelling units on the Original
Property will, in all likelihood, not exceed 1,248 units, and that after subtracting the 787
units platted to date no more than 461 units will be developed on the Owner's Remaining
Property. These are approximate numbers and Owner is not waiving its right to a density
of up to 2.2 units per acre.
3.4.1.2 To date there are 448.85 acres of residential development, leaving
175.05 areas available for residential development on the Remaining Property. The table
below reflects the approximate number of units by product type permitted under the
Original Development Agreement; and the number of units platted through Snoqualmie
Falls No. 10.
Product Type
Townhome
Patio
Custom
Estate
Approx.
Lot Size
3,800 - 4,000 SF
5,000-7,999 SF
8,000-11,999 SF
12,000+ SF
Original D.A.
Approx. No. of
Units
192-275
439-549
384-481
220-343
Not to exceed
1,373
Units Platted
To Date
54
111
446
176
Total: 787
3.4.1.3 Pursuant to the Second Modification, no further townhouses
were permitted to be developed on the Original Property it being understood that
Page 10 of 22
K:\Planning Depl\I:agle Apphcalions\Preliminary Development I'lans1?005\Legacy DA MOD 4 cel doe
townhouse acreage that otherwise would have been available for development on the
Original Property could be utilized in the future development of the 78.1 acre parcel
annexed by the Development Agreement Addendum, Instrument No. 10912933 (the
"Expansion Parcel No. 1"). As prescribed in the Second Modification, the total number
of townhouses developed on the Original Property and the Expansion Parcel No. 1 shall
not substantially exceed 20% of the aggregate dwelling units allowed. Nothing herein
shall be construed to increase the permitted density on either the Original Property or
Expansion Parcel No. 1. To reflect the percentage decrease of both townhomes and patio
homes, the mixture of residential uses developed on the Owner's Remaining Property
should generally conform to the following categories:
Product
Type
Townhouse
Patio
Custom
Estate
Approx. Lot
Size
3,800 — 4,999
SF
5,000 — 7,999
SF
8,000 —
11,999 SF
12,000 + SF
Approximate
No. of Units
on Remaining
Property
0
287
of Units
on
Remaining
Property
0%
49%
Approximate % of Units at
No. of Units at Full Build Out
Full Build -
Out
54 4%
398 30%
240 41% 686 50%
59
586
10%
220
16%
100% 1,373 100%
Page 11 of 22
K:\I'lanning Dept \Eagle Applications\I'rehmmary Development 1'lans\2005\Legacy IM MOD 4 ccldoc
3.4.1.4 Minimum street frontages for lots and setback distances for residential
units in the Owner's Remaining Property shall comply with the requirements set forth in
the below table:
Product Type Approx. Lot Size Frontage'
Townhouse
Patio
Custom
Estate
Setbacks
Front
Interior Street
Rear Side-- Side
8 ft from
property line
or back of
sidewalk
3,800-4,999 SF 30 ft whichever is 10 ft 5 ft3 10 ft
greater for
living space;
20 ft for the
garage
15 ft from
5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft
20 ft from
garage
8,000-11,999 SF 30 ft 20 ft 25 ft 5 ft 20 ft
12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft
17,000 SF + 35 ft 30 ft 30 ft 10 ft 20 ft
' The minimum street frontage for all flag lots is 20 feet.
2 Additional five feet per story setback for multi -story structures.
3 No setback applies to the interiors of connected dwelling units.
3.4.1.5 The second story of any dwelling unit on a lot of less than 8,000
square feet shall not exceed 75% of the main floor's square footage, inclusive of the garage
area.
3.4.1.6 Patio homes located on corner lots (any street classification) are
limited to a 25 foot maximum height. (Common area lots on corners do not extinguish
this requirement for adjacent patio homes.)
3.4.1.7 Patio homes located on other than corner lots may be two stories,
but shared driveways should be incorporated to provide a variety of appearance.
3.4.1.8 Townhouse groups are limited to five attached units.
3.4.1.9 At least 50% of all dwelling units shall abut open space.
Page 12 of 22
K:U'lannmg Dept \Eagle AppticationsU'rehmmary Deselopment Plans \2005\Legacy DA MOD 4 cctAoc
3.4.2 Expansion of Planned Unit Development. An approximately 78.13 acre
parcel became subject to the Development Agreement pursuant to the Development
Agreement Addendum, Instrument No. 109129733, records Ada County, Idaho
("Expansion Parcel No. 1"). Expansion Parcel No. 1 and the remaining Expansion
Parcels remain subject to all terms and conditions of the Development Agreement. In
particular, Section 3.4.2 of the Original Development Agreement, Instrument No.
106161990, continues in full force and effect as it pertains to the Expansion Parcels.
3.4.3 Commercial Office/Development. Pursuant to the Second
Modification, Section 3.4.3.1 of the Original Development Agreement was and remains
modified as follows:
3.4.3.1 Office and commercial use shall be limited to 5% of the
Original Property acreage which shall not exceed a maximum of 31.2
acres. Notwithstanding this limitation, pursuant to the Second
Amendment, the Owner limited its proposed development of office and
commercial use to 5 acres. The Concept Plan submitted with the
Expansion Parcel No. 1 identified 12.9 acres of commercial use. When
the Owner agreed to reduce its commercial use to five (5) acres on the
Owner's Remaining Property, the Owner consented to the use in
Expansion Parcel No. 1 of additional commercial acreage that otherwise
would have been available for development for the entire PUD with the
approval of the Eagle City Council's sole discretion after notice and
public hearing. Nothing herein shall be construed as a waiver of any
requirement for applications regarding design reviews, preliminary and
final plat reviews, conditional use permits (if applicable) and any other
applicable applications required by Eagle City Code in connection with
the Owner's Remaining Property or that of Expansion Parcel No. 1.
Accordingly, Expansion Parcel No. 1 remains subject to Condition of
Development 3.4.2 of the Original Development Agreement.
3.4.3.2 The uses allowed in the office/commercial portions of the
Owner's Remaining Property shall be limited to the following:
• Artist Studio
• Arts and crafts shows
• Beauty/barber shop
• Family & group childcare
• Convenience store with no fuel service (hours limited to
7:00 a.m. to 10:00 p.m.)
• Electronic sales, service, or repair shop
• Food and beverage sales (excluding liquor sales and with
hours limited to 7:00 a.m. to 10:00 p.m.)
• Health clubs, spas, weight reduction salons
• Home and business services
• Laundry (with no drive up service)
• Massage spa
Page 13 of 22
K:\I'lanning Dept\Eagle Applications\I'rehminary Ik‘elopment Plans \200.5 L gacy DA h1OD 4 cel doe
• Office, business and professional (including medical)
• Personal improvement
• Personal services
• Photographic studio
• Professional activities
• Restaurant (no drive thru and with hours limited to 7:00
a.m. to 10:00 p.m.)
• Retail sales (limited)
• Retail sales (pharmacies and medical)
• Travel services
• Vet clinic (excluding overnight boarding)
• Government building, offices
• Library
• Museum
3.4.3.3 No single retail tenant on the Owner's Remaining
Property shall exceed 25,000 square feet in building footprint area.
3.4.3.4 No portion of the Owner's Remaining Property shall be
used for any of the following uses:
• Outside storage
• Adult business
• Automotive, mobile home, travel trailer, and/or farm
implement sales
• Cemetery
• Drive-in theatre
• Mortuary/funeral home
• Storage (fenced area)
• Railroad yard or shop
• Terminal yard, trucking
• Truck and equipment repair and sales (heavy)
3.4.3.5 The office/commercial portion shall be developed as
ancillary office and commercial areas, intended to serve the Owner's
Remaining Property.
3.4.3.6 For each acre converted from residential to
office/commercial use 2.2 units shall be removed from the total maximum
allowed number of dwelling units of 1,373 that may be developed on the
Owner's Remaining Property or transferred to Expansion Parcels.
Page 14 of 22
K:\I'lanning Dept \Eagle Applications\I'rclnnmary Development flans\2005Uxgacy DA MOD 4 ccl.doc
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property (i.e. 125 acres)
shall be reserved as open space. The Developed Portion of the Original
Property already has 152.8 acres of open space and therefore has already
met the total 20% requirement. The application for any preliminary plat
for Owner's Remaining Property shall contain, in addition to all
requirements of the Eagle City Code, a land use summary that
demonstrates that the number of acres of open space, together with the
number of acres of open space in the submitted preliminary plat
application maintains the minimum 20% open space requirement,
pursuant to Eagle City Code.
3.4.4.2 The open space platted in the Owner's Remaining
Property shall include as active open space, a swimming pool, pool house,
parking area, children's play areas, community park with pond as shown
on the attached Updated Development Plan, together with regional trails
connecting through the Owner's Remaining Property from east to west.
Up to 15% of the total area of ponds within the Owner's remaining
property may be considered active open space if there is a finding that the
ponds employ active recreational capabilities such as paddle boarding,
canoeing, fishing, etc.
3.4.4.2.1 15% of the overall required 20% open
space in the project shall be active open space.
3.4.4.2.2 All open space with the exception of that
included within school sites shall be maintained by Legacy Community
Association, Inc., any successor homeowners or neighborhood
associations, or any recreational association established to maintain a
particular open space for recreational use, all as more particularly set forth
in the Community Charter for Legacy, Instrument No. 108048693,
records Ada County, Idaho, and/or the Declaration of Recreational
Covenant, Instrument No. 108048694, and any modifications thereto.
3.4.4.2.3 A public easement for a greenbelt
pathway connecting north to south and east to west through the Owner's
Remaining Property shall be dedicated to Eagle. The specific location,
easement language, design, and construction plans of the pathway shall be
approved by the Eagle City Council prior to the City Engineer signing the
final plat for the portion of the Owner's Remaining Property containing
such pathways.
3.4.4.2.4 All regional pathways dedicated to Eagle
shall be located within a minimum 20 -foot wide easement and contain
paved pathways of at least 10 -feet in width, and all micro -pathways
designed for primary use by the residences of the Owner's Remaining
Property shall be located within a minimum 16 -foot wide easement and
contain paved pathways of at least 6 -feet in width, with all paved
pathways being constructed to Eagle's pathway standards.
Page 15 of 22
K:U'lannmg Dept\Lagle Appkatn,ns Preliminary Dewlnpment 1'Ians12005U.egacy DA MOD 4 ccldoc
3.4.4.3 All open space areas are subject to Eagle's design review process
and standards set forth in Eagle City Code Sections 8-2A and 9-4-1-6(D).
3.5 Pursuant to the Second Modification, the existing North Star Charter School satisfies the
Development Agreement requirement for a public school site.
3.6 The conditions, covenants, and restrictions recorded against all portions of the Owner's
Remaining Property shall contain at least the following provisions:
• An allocation of responsibility for maintenance of all community and privately owned
landscaping and amenities.
• A requirement insuring compliance with the design guidelines for all buildings and
amenities, with the exception of single family residences, set forth in Exhibit C hereto.
• Establishment of an architectural control board for all buildings prior to building permit.
• An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Owner's Remaining Property.
3.7 Except as otherwise expressly set forth in this Third Modification, the Owner's Remaining
Property may be developed and used consistent with the R (Residential District) land uses allowed by the
Eagle City Code and Eagle's Official Schedule of District Regulations existing at the time this Third
Modification is recorded, a copy of which is attached hereto as Exhibit D and incorporated herein.
3.8 Prior to issuance of any building permits, Owner shall provide proof of adequate sewer
service to the proposed residences and commercial uses, by causing a letter of approval to be provided to
Eagle from the Eagle Sewer District.
3.8.1 Owner acknowledges that the Owner's Remaining Property is located
within the City of Eagle Municipal Water Service Area and compliance with applicable
provisions in the Eagle City Code is required.
3.9 Owner shall provide a report or analysis of any proposed changes to wetlands located on
Owner's Remaining Property, and any such change shall be contingent upon approval by the applicable
state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive Plan and
Eagle City Code. Owner agrees all development and improvement of the Owner's Remaining Property
shall comply with all laws and regulations pertaining to regulated wetlands.
3.10 Owner shall comply with all rules, regulations, and ordinances of Eagle except as
otherwise provided herein, including but not limited to applications for development permits as required by
Eagle City Code Title 10 (Flood Control).
3.11 Owner shall provide an on-site tree lined landscape strip along State Highway 16, Linder
Road, Floating Feather Road, and the east/west collector and Palmer Lane, which landscape strip shall
include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit E attached hereto and
incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and
pathways, shall be reviewed and approved as required by the applicable provisions in the Eagle city Code
and as set forth below:
Page 16 of 22
K:\I'lanning Dept\Eagle Applications\I'rcWoinary Deselopment I'Ians12005\1.egacy DA MOD 4 cadoe
3.11.1 A 75 foot wide landscape strip along State Highway 16 shall include a
minimum ten foot high berm/wall combination with extensive landscaping per ECC 8-2A-
7 to provide a buffer. All buffers should be located outside a 150 foot setback from
centerline for right-of-way dedication to the Idaho Transportation Department (the "ITD").
3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather
Road shall include a minimum eight foot high berm/wall combination with extensive
landscaping per ECC 8-2A-7 to provide a buffer.
3.11.3 A 35 foot wide landscape strip along all collector roads on the Owner's
Remaining Property, including Palmer Lane, shall include a minimum of five foot high
berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer.
3.11.4 Owner's Remaining Property shall be designed to allow for a public
roadway connecting the Owner's Remaining Property to Floating Feather Road and Linder
Road. Approved access points are depicted in Exhibit F attached hereto and incorporated
herein, subject to approval by the ACHD.
3.12 INTENTIONALLY DELETED.
3.13 For the purposes of connectivity, streets shall be stubbed as shown on Exhibit F hereto.
An additional stub street shall be provided from the internal collector road north to Floating Feather Road
(east of the school site) and south to what is now known as the Mueller property. All road and stub street
locations shall be reviewed by the ACHD prior to presentation to Eagle's Planning and Zoning
Commission of any preliminary plat depicting, or proposed amendment to the PUD relocating any such
road or street locations.
3.14 A new north south collector road shall be constructed in lieu of the typical ITD frontage
road at a minimum distance of 1,000 feet from the right-of-way dedication for State Highway 16.
3.15 Public art, water features, or other features of interest and pedestrian amenities which
encourage pedestrian use (e.g., outdoor drinking fountains, benches, and tables) shall be constructed on the
Owner's Remaining Property, as generally depicted in Exhibit /G attached hereto and incorporated herein.
3.16 In all single-family attached dwelling units, first floors and common walls between units
shall be insulated to mitigate transfer of noise between the floors and between units. The insulation
method shall be reviewed and approved by Eagle's Building Official prior to issuance of building permits.
3.17 Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. The side of any buildings facing these
roads shall be provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles described in Exhibit C attached hereto.
3.18 Owner shall obtain a license agreement from the ITD and/or the ACHD to allow the right-
of-way between the Owner's Remaining Property and the edge of pavement along State Highway 16,
Palmer Lane, Linder Road, and Floating Feather Road to be landscaped by the Owner, if such an
agreement is approved pursuant to Eagle City Code.
Page 17 of 22
K:\Plannmg DeptkEagle Applications \I'relunmary elopmem Plans\2005\Legacy DA MOD 4 cct doc
3.19 Pathways and pedestrian/bicycle public access connecting the public roads to residential
areas and commercial areas shall be consistent with Eagle's Comprehensive Plan and be approved by Eagle
prior to or concurrently with approval of the preliminary plat containing such pathways and access.
3.20 Except as otherwise expressly provided in this Third Modification, the Owner's
Remaining Property can be developed in accordance with Eagle City Code in effect on the date this Third
Modification is recorded, provided that if the permitted uses for R (Residential District) are expanded,
such expanded uses shall be allowed under this Third Modification.
3.21 As required by Eagle City Code, Title 6, Chapter 5, the Owner's Remaining Property shall
become part of Eagle's municipal water system and comply with the terms of the November 17, 2005
Memorandum of Agreement, or as amended, and attached hereto and incorporated herein as Exhibit H.
All water mains to be dedicated to the public shall only be constructed in rights of way, easements, or on
publicly owned property. Easements or permits secured for main extensions shall be obtained in the name
of Eagle, along with all rights and title to the main, at the time water service is provided. Water mains
shall be extended by Owner to the boundaries of the Owner's Remaining Property at locations future water
system extensions are expected to occur, as designed by the City Engineer.
3.22 The Owner shall work with the Eagle Sewer District to pursue easements for sewer
connections to the property to the north, the location of the future sewer easements shall be determined by
the Eagle Sewer District and the Owner.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of all owners of the Original Property agreeing to submit the Original Property to the
Original Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code, Title 8, Chapter 10, were provided to Eagle in connection with the Original Development
Agreement and are incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event Owner or any successors fail to comply with the commitments set forth herein
within 30 days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice, to
specify performance or any other rights or remedies available under Idaho Law, including but not limited
to the right to demand Applicants cure such default or enjoin such violation and otherwise enforce the
requirements contained in the Development Agreement, as modified herein, or to terminate the
Development Agreement, as modified herein, by the process established in Eagle City Code Section 8-10-
1; provided, however any termination shall only effect the lots or parcels owned by the Owner or their
successors in default and shall not affect other portions of the Owner's Remaining Property.
5.2 If an action is commenced in court to enforce any provisions of the Development
Agreement, as modified herein, the prevailing party shall be entitled to recover all direct out-of-pocket
costs incurred, including costs to cure or enjoin such default and to enforce the commitments contained in
the Development Agreement, as modified herein, attorneys' fees, and court costs.
5.3 If any term, provision, commitment, or restriction of the Development Agreement, as
modified herein, or the application thereof incorporated for the benefit of Eagle shall be held invalid or
unenforceable and not voluntarily adhered to by Owner and their successor notwithstanding any such
Page 18 of 22
K:\Plannutg Dept'.La.pk• AppticationsWreluninary D, crh,pment Planst2005Usgacy DA MOD 4 cctdoc
invalidity or unenforceability, the remainder of this instrument shall terminate and the zoning of the
property shall revert to the A -R (Agricultural Residential) zoning designation, unless the portion of this
instrument determined to be invalid or unenforceable is re -negotiated in good faith between Owner (or
other appropriate party) and Eagle as an amendment to the Development Agreement processed in
accordance with the notice and hearing provisions of Idaho Code § 67-6509 and Eagle City Code Section
8-10-1.
5.4 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 Owner's Remaining Property;
B. Withhold the connection of water, sewer or electric service to any property located
within the Owner's Remaining Property;
C. Refuse to accept public ownership and maintenance of public improvements
within the Owner's Remaining Property 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 Owner's
Remaining Property;
E. Withhold reimbursement of Owner's Remaining Property surety/financial
guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; and
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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of the
Development Agreement, as modified herein, or the application thereof to any party or circumstances shall,
to any extent, be held invalid or unenforceable, the remainder of this instrument 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 Owner (or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, this Third Modification shall be recorded in the office of the Ada County
Recorder at the expense of Owner. Each commitment and restriction shall be a burden on the Owner's
Remaining Property, shall be appurtenant to and for the benefit of the Owner's Remaining Property,
adjacent property, and other residential property near the Owner's Remaining Property, and shall run with
the land. This Third Modification shall be binding on Eagle and Owner, their respective heirs,
administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if
Page 19 of 22
K:U'Iammmg Dept \Eagle AppbcaIions• Prelunmary Do. I .pm.,nl Plans \211115\Legacy DA MOD 4 . t.doc
all or any portion of the Owner's Remaining Property is divided, each owner of a legal lot shall only be
responsible for those duties and obligations associated with that owner's parcel and shall not be responsible
for duties and obligations or defaults as to other parcels or lots within the Original Property. A new owner
of the Original Property or any portion thereof (including, without limitation, any owner who acquires its
interest by foreclosure, trustee's sale, or otherwise) shall be liable for all commitments and other
obligations arising under this Third Modification with respect only to such owner's lot or parcel.
ARTICLE VIII
THIRD MODIFICATION PROVISIONS
8.1 Indemnification. Owner, as the owner of the Owner's Remaining Property, shall
assume and pay all debts, charges, claims, damages and liabilities directly attributable to Eagle's approval
of this Third Modification and shall save and hold Eagle harmless therefrom and shall indemnify and
defend and/or provide for defense against same.
8.2 Enforceable Provisions. The original Development Agreement, Instrument No.
106161990, records Ada County, Idaho, together with its exhibits; and subsequently modified
development agreement, Instrument No. 109008326, records Ada County, Idaho, together with its exhibits;
together with the First Modification, Instrument No. 109008326, together with its exhibits; together with
the Second Modification, Instrument No. 113024773, together with its exhibits, remain in full force and
effect, except as modified by this Third Modification.
8.3 Grant of Security Interest. Owner hereby grants a lien to secure the payment of any
deferred balance of the attorney fees and the engineering fee, together with interest accrued thereon. In the
event Owner fails to pay such fees, the City may, without prior notice, foreclose this Third Modification as
a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. Upon request of
Owner, the City will execute and deliver a partial release of the lien created herein against any property
located within the Owner's Remaining Property upon payment by Owner of that portion of such fees which
bears the same ratio to the then remaining unpaid balance of such fees as the acreage of land to be released
bears to the total acreage of land utilized to compute the amount of the required fees. Upon request of
Owner, the City will, by written agreement, subordinate the lien created hereby to any mortgage, deed of
trust or other security device required to secure the payment of any loan or advance made to Owner for the
sole purpose of financing the construction of improvements upon Owner's Remaining Property; provided
however that the financing institution entity shall first warrant and represent in writing that it understands
that the contemplated loan or advances will be used solely for the construction of improvements upon the
land and that it will take reasonable precautions usual and customary to the financing and lending industry
to ensure that the loan proceeds or advances will not be used for any other purpose. Any prepayments
made pursuant to this provision shall be applied in inverse chronological order against the regularly
scheduled payments set forth herein, and such payment shall not release Owner of any obligation to make
the next regularly scheduled payment.
8.4 Effective Date. This Third Modification shall be effective upon the signing and
execution of this Third Modification by both parties.
ARTICLE IX
GENERAL MATTERS
9.1 Any alteration or change to this Development Agreement, as modified herein, shall be
made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509 and
Eagle city Code Section 8-10-1.
Page 20 of 22
K:\Planning Dept\l ogle Appbcawmi.Pr. hmmary Dnek,pmant Legacy DA MOD 4 ccl.tloc
9.2 The Development Agreement, as modified herein, 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 Agreement. As used in this 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 reasonably dictates.
9.3 The Development Agreement shall be construed in accordance with the laws of the State
of Idaho in effect at the time the Development Agreement, as modified herein, is recorded. Any action
brought in connection with the Development Agreement, as modified herein, shall be brought in a court of
competent jurisdiction located in Ada County, Idaho.
9.4 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:
Owner:
Zoning Administrator
City of Eagle
660 E. Civil Lane
Eagle, Idaho 83616
Cloud Berry, LLC
c/o Justin Martin, Manager
6401 W. Floating Feather Rd.
Eagle, ID 83616
or such other addresses and to such other persons as the parties may hereafter designate. Any such notice
shall be deemed given upon delivery if by personal delivery or overnight delivery service and upon deposit
in the United States mail, if sent by mil pursuant to the foregoing.
9.5 This Third Modification shall be effective after delivery to each of the parties hereto of a
fully executed original of this Third Modification.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
13-05 MOD4) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The R -2 -DA -P (Residential -two units per acre planned unit development with a development
agreement) zoning designation is consistent with the Residential Two land use designation
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate at the time of the original application that adequate public
facilities exist, or are expected to be provided, to serve any and all uses allowed on this
property under the proposed zone;
c. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural -Urban Transition — Ada County designation) and R -2 -DA (Residential with
development agreement) zone and land use to the east since those sites (Copperfield, The
Preserve, and Senora Creek Subdivisions) are currently developed at densities similar to the
Page 21 of 22
K:\1'lanning Dept\liagle AppbcationsU'rcliminary clopment 1'1anc120115\txgacy 1)A MOD 4 cct J•r
Legacy Planned Unit Development and the remaining area may be developed with similar
densities;
d. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural Urban Transitional -Ada County designation) zone and land use to the west
since State Highway 16 provides a buffer from the existing land uses to the west and the
remaining area may be developed with similar densities;
e. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural -Urban Transition — Ada County designation), A -R (Agricultural -Residential),
and R -2 -DA -P (Residential with a development agreement — PUD) zones and land uses to the
north since this area is currently being developed with similar densities (Tannebaum,
Lanewood Estates, and Lilac Springs Subdivisions) and the remaining area may be developed
in a similar manner;
f. The R -2 -DA -P (Residential with a development agreement PUD) zone is compatible with
the RUT (Rural -Urban Transitional — Ada County designation), R -2 -DA (Residential with a
development agreement), and R -2 -DA -P (Residential with a development agreement -- PUD)
zones land uses to the south since a portion of this area is currently being developed with
similar densities (The Preserve Planned Unit Development) and the remaining area may be
developed in a similar manner;
The land proposed for rezone modification is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone modification.
g.
DATED this 12th day of December 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Jerk
.•`';� o EA C
mss.• •.
C~•• , yORAT..
O t,
•cd
SEA �.: :
Page 22 of 22
K:\PIanning Dept \Eagle Appliicationsll'rdiminary Development flans\2005\Legacy DA MUD 4 ccfdoc