Development Agreement - 2018 - Legacy DA Third Modification - 1/23/2018Recording 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 2018_030159
BOISE IDAHO Pgs=78 BONNIE OBERBILLIG 04/05/2018 12:55 PM
EAGLE CITY NO FEE
II I II I IIII I 1111 1111111111111111111111111111111111
00480995201800301590780785
For Recording Purposes
Do Not Write Above This Line
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 ("Cloud Berry"), a Wyoming
limited liability company; and White Sturgeon, LLC ("White Sturgeon"), an Idaho limited
liability company (collectively 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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 1
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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 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, Cloud Berry owned approximately
448.25 undeveloped acres of the Original Property, 272 acres of which have subsequently been
developed' 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 on 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.
1 A portion of Snoqualmie Falls No. 9 and Snoqualmie Falls Subdivision No. 10 are at the preliminary plat stage.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 2
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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 ON DEVELOPMENT
AMENDING AND RESTATING ARTICE III OF THE DEVELOPMENT AGREEMENT
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.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 3
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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 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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 4
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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
240
59
586
% of Units
on
Remaining
Property
0%
49%
41%
10%
100%
Approximate % of Units at
No. of Units Full Build -Out
at Full
Build -Out
54
398
686
235
1,373
4%
29%
50%
17%
100%
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
3,800-4,900 SF
Patio 5,000-7,999 SF
Custom
Estate
8,000 —11,999 SF
12,000-16,999 SF
17,000 SF+
Setbacks
Front Rear
30ft 8ftfrom loft
property line
or back of
sidewalk
whichever is
greater for
living space;
20 ft for the
garage
30ft 15ftfrom loft 5ft 20ft
living
space/20 ft
from garage
30ft 20ft 25ft 5ft 20ft
30 ft 25ft 25ft 7.5 ft 20 ft
35ft 30ft 30ft loft 20ft
Interior
Side3
5 fel
Street
Side
10 ft
2 The minimum street frontage for all flag lots is 20 feet.
Additional five feet per story setback for multi -story structures.
4 No setback applies to the interiors of connected dwelling units.
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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.
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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 6
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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.)
• 1(ealth clubs, spas, weight reduction salons
• Home and business services
• Laundry (with no drive up service)
• Massage spa
• 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)
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 7
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• 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.
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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 8
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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.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 9
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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.
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.
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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:
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.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 11
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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
IIighway 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 ACIID 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.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 12
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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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 13
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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 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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 14
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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 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
SECOND 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
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 15
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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.
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 16
1-22-18
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:
Zoning Administrator
City of Eagle
660 E. Civil Lane
Eagle, Idaho 83616
Owner: 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.
[SIGNATURES ON FOLLOWING PAGE]
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 17
1-22-18
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as
shown below:
CITY OF EAGLE, a municipal corporation
organized under the laws of the State
of Idaho
By:
Stan Ridgeway, May
Date: / — Z �] 20/?
CLOUD BERRY, LLC, a Wyoming limited
liability company
By: �,r ,.
,J tin Martin, its Manager
Date:
WHITE STURGEON, LLC, an Idaho
limited liability company, by:
Developers Services, Inc., its Manager
By:
Brian F. Mc
J(4,
, its President
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 18
1-22-18
ATTEST:
Sharon Bergmann, City Clerk
Date: /—,25—/e"
STATE OF IDAHO, )
: ss.
County of Ada. )
On this 2 ,,lay of , 2018, before me, the undersigned, a
Notary Public in and for said tate, person y appeared JUSTIN MARTIN, known and
identified to me to be the Manager of CLOUD BERRY, LLC, a Wyoming liability company,
that executed the 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
b��� Jg •e..le.•• •.
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'.,1). •••.,..••••�,O �••�
STATE OF IDAHO, ) '•••,F OF IDP ..•'s000000000 too
: ss.
County of Ada. )
On this day of _ jOclt t nr , 2018, before me, the undersigned, a
Notary Public in and for said State, personally appeared BRIAN F. McCOLL, known and
identified to me to be as the President of DEVELOPERS SERVICES, INC., the Manager of
WHITE STURGEON, LLC, an Idaho liability company, that executed the 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.
Notary Public fo Idaho
Residing at gt
My Commission Expires: l- 7 -
IN
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
,(i,,,,,,,t 2l1,,,.,,,
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,il,., CA r\s,AF-acrozeict
Notary Public for Idaho
Residing at } ,4 „e
My Commission Expires:
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 19
1-22-18
List of Exhibits.
Exhibit A: Legal Description for Owner's Remaining Property
Exhibit B: Updated Development Plan
Exhibit C: Design Guidelines
Exhibit D: Schedule of District Regulations
Exhibit E: Landscape Strip
Exhibit F: Project Access Points
Exhibit G: Community Elements and Character
Exhibit H: Memorandum of Agreement with City
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 20
1-22-18
EXHIBIT A
DESCRIPTION OF OWNER'S REMAINING PROPERTY
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 21
1-22-18
Legal DescriotioQ
Future Snoqualmie River Subdivision
A parcel located in the NE 'h of the NE %. of Section 9, the N' /2 of the NW '4 of Section 10, and the S'4 of
the SW %. of Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more
particularly described as follows:
BEGINNING at a Brass Cap Monument marking the northeast comer of the NW % of said Section 10, from
which a 5/8 inch diameter iron rebar marking the southeast comer said NW'/. bears S 0°36'48" W a distance
of 2629.12 feet;
Thence S 036'48" W along the easterly boundary of said NW ''4 a distance of 1314.56 feet to a 5/8 inch
diameter rebar marking the southeast corner of said N '/: of the NW %. of Section 10;
Thence N 89'05'09" W along the southerly boundary of said N '/4 of the NW ''4 a distance of 2640 75 feet
to a 5/8 inch rebar marking the southwest corner of said N % of the NW 1/4;
Thence N 89°35'20" W along the southerly boundary of said NE '/ of the NE % of Section 9 a distance of
959.74 feet to a 5/8 inch diameter rebar;
Thence leaving said southerly boundary N 0°36'49" E a distance of 25.00 feet to a 5/8 inch diameter rebar,
Thence N 89°35'20" W a distance of 318.13 feet to a 5/8 inch diameter rebar on the easterly right-of-way
of State Highway 16;
Thence N 0°39'47" E along said easterly right-of-way a distance of 388.06 feet to a point on the centerline
of a drain;
Thence along the centerline of said drain the following described courses;
Thence N 59°45'02" E a distance of 1931.04 feet to a point;
Thence N 58°55'26" E a distance of 650.06 feet to a point;
Thence a distance of 521.66 feet along the arc of a 625.00 foot radius curve right, said curve having
a central angle of 47°49'21" and a long chord bearing N 82°50'07" E a distance of 506.65 feet to a
point,
Thence S 73°15'12" E a distance of 117.20 feet to a point;
Thence leaving said centerline S 0°00'20" W a distance of 40.00 feet to a point;
Thence S 76°32'12" E a distance of 1121.13 feet to a 5/8 inch diameter rebar on the easterly boundary of
said S'/: of the SW %of Section 3;
Thence S 0°46'59" W along said easterly boundary a distance of 186 60 feet
to the POINT OF BEGINNING.
This parcel contains 120.59 acres and is subject to any easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
October 19, 2017
�.e'878iRodutYons
Land S rite and CAnAYdno
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 22
1-22-18
Snoqualmie River Subdivision
Job No. 17-27, 17-31
Legal Description
Future North Snoqualmie River Subdivision
A parcel being parcels 1, 2, and 3 as shown on Record of Survey No. 3939, records of Ada County, Idaho,
and being located in the SW'/. of Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County,
Idaho, and more particularly described as follows:
Commencing at a Brass Cap Monument marking the southeast corner of said SW %, from which a 5/8 inch
diameter iron rebar marking the southwest corner said SW 1/4 bears N 88°56'31" W a distance of 2635.83
feet;
Thence N 0°46'59" E along the easterly boundary of said SW 1/4 a distance of 579.77 feet to a 1/2 inch
diameter rebar and the POINT OF BEGINNING;
Thence leaving said easterly boundary N 62°13'34' W a distance of 491.76 feet to a 1/2 inch diameter
rebar;
Thence S 78°46'2T W a distance of 132.00 feet to a 1/2 inch diameter rebar;
Thence S 85°4627" W a distance of 361.61 feet to 1/2 inch diameter rebar;
Thence N 0°45'12" E a distance of 378.00 feet to a 1/2 inch diameter rebar;
Thence N 4°14'35" W a distance of 211.46 feet to a 1/2 inch diameter rebar on the northerly boundary of
said SW '/.;
Thence S 89°11'35" E along said northerly boundary a distance of 946.26 feet to a 1/2 inch diameter rebar
marking the northeast comer of said SW 1/4;
Thence S 0°46'59" W along the easterly boundary of said SW % a distance of 752 40 feet to the POINT OF
BEGINNING.
This parcel contains 12.84 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
October 19, 2017
LaQ'11d>1S guttionng
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 23
1-22-18
North Snoqualmie River
Job No 17-31
Legal Description
Future Snoqualmie Falls Subdivision
A parcel being located in the SE % of Section 3, the SW 1/4 of Section 2, the NW 1/4 of Section 11, and
the NE % of Section 10, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and
more particularly described as follows:
Commencing at a Brass Cap Monument marking the southwest comer of said SE %of Section 3, from
which an Aluminum Cap Monument marking the southeast comer said SE 1/4 of Section 3 bears S
89°43'26" E a distance of 2613.22 feet;
Thence N 0°46'59" E along the westerly boundary of said SE'/4 of Section 3 a distance of 184.20 feet
to the POINT OF BEGINNING;
Thence continuing N 0°46'59" E along said westerly boundary a distance of 355.42 feet to a 5/8 inch
diameter rebar;
Thence leaving said westerly boundary S 89°43'26" E a distance of 2072.28 feet to a 5/8 inch diameter
rebar;
Thence N 0°48'40" E a distance of 805.20 feet to a 5/8 inch diameter rebar;
Thence S 89°43'26" E a distance of 541.20 feet to a 5/8 inch diameter rebar on the westerly boundary
of Tannenbaum Subdivision No. 1 as shown in Book 107 of Plats on Pages 14920 thru 14922, records
of Ada County, Idaho;
Thence S 0°48'40" W along said westerly boundary a distance of 817.91 feet to a 5/8 inch diameter
rebar marking the southwest comer of said Tannenbaum Subdivision No. 1;
Thence S 89°17'12" E along the southerly boundary of said Tannenbaum Subdivision No. 1 a distance
of 146.01 feet to a 5/8 inch diameter rebar marking the northwest comer of Snoqualmie Falls
Subdivision No. 3 as shown in Book 106 of Plats on Pages 14535 thru 14537, records of Ada County,
Idaho;
Thence along the westerly boundary of said Snoqualmie Falls Subdivision No. 3 the following
described courses;
Thence S 0°43'45" W a distance of 486.80 feet to a 5/8 inch diameter rebar;
Thence S 86°50'00" E a distance of 3.04 feet to a 5/8 inch diameter rebar;
Thence continuing along said westerly boundary S 0°27'35" W and along the westerly boundary of
Snoqualmie Falls Subdivision No. 2 as shown in Book 105 of Plats on Pages 14267 thru 14268,
records of Ada County, Idaho, a distance of 111.18 feet to a 5/8 inch diameter rebar marking the
northeast comer of Snoqualmie Falls Subdivision No. 5 as shown in Book 107 of Plats on Pages
14975 thru 14978, records of Ada County, Idaho;
Thence N 87°04'44" W along the northerly boundary of said Snoqualmie Falls Subdivision No. 5 and
the northerly boundary of Snoqualmie Falls Subdivision No. 8 as shown in Book 111 of Plats on Pages
15976 thru 15978, records of Ada County, Idaho, a distance of 1508.16 feet to a 5/8 inch diameter
rebar;
mdt6Ions
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 24
1-22-18
Future Snoqualmie Falls Subdivision
Job No. 17-31
Page 1 of 2
Thence continuing along the northerly boundary of said Snoqualmie Falls Subdivision No. 8 and the
extension thereof N 81°15'00'W a distance of 1268.64 feet to the POINT OF BEGINNING.
This parcel contains 42.83 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
October 19. 2017
i,olllutions
�° S. wylia.°° c°muuvp
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 25
1-22-18
pL LAN
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Future Snoqualmie Falls Subdivision
Job No 17-31
Page 2 of 2
EXHIBIT B
UPDATED DEVELOPMENT PLAN
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 26
1-22-18
•
FUTURE
Itr-
Legacy Updated Development Plan
FUTURE SUBOIVSION
NOTE: UP TO 36
EUSTON OR 45
PATIO LOTS
FUTURE
SUBOIVSION
NOTE: UP TO 72
CUSTOM OR 33
PATIO LOT8
NOTE UP TO 50
CUSTOM OROS
PATIO LOTS
'wA
h�.
FLOATING FEARIER
k
i FUTURE • LAKE
BNOQUALant wp 3,
_8, RIVER
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V= MZlP
NOTE UP TO 59 ESTATE. 45
--19=53OEIONAL199 4,
PATIO LOTS
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arl l " .o
- RIVER NO I 4
Soo 1213/ Ne
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Product Approx. Lot Approximate % of l nib Approximate % of t nib at
Type Siff No. of Units on No. of Units Pup Build -Out
on Remaining at Full
Remaining Property Build -Out
Proi ty
Townhouse 3,800 - 0 0% 54 4%
4,999 SF
Patio 5,000- 287 49% 398 29%
7,999 SF
Custom 8,000 - 240 41% 686 50%
11 999 SF
Estate 12,600 - SF 59 10% 235 17%
586 100% 1,373 100%
SNOQUALMIE PARK
AT LEGACY
GYN
POOL NOUS! A POOL
SOCCER
SATREIRALL
MOOS
SCAMPI AREAS
PICRIC AREAS
MOS PLAY
EXECUTIVE 2 MOLE OSP COURSE
EXHIBIT C
DESIGN GUIDELINES
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 27
1-22-18
Applicant Version !u(y /8.2006
LANDKAPE. SITE Q A1GN- AND A DESIGN GUIDELINES
Overview and Pug
The purpose of the Design Guidelines is to provide an aesthetic roadmap for the development of the
Legacy project within the highly visible and scenic City of Eagle. The guidelines also
acknowledge that the development will occur over time, thereby requiring a means to ensure
landscape, site design, and architectural harmony prevail as desired by the City set forth in Eagle
City Code B.ZA and in the Eagle Architectural Site Design Book.
The non -single family elements of this project fall within the design review regulations set forth in
Eagle City Code 8.2A.
Administration 9f1lesien Guidelines
The property developer and/or successor will have design review responsibilities for all site
development, landscape and architectural components. This review and approval process will
occur by the developer 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 Annliatbflllh►
All development within the Legacy property including but not limited to commercial, office, flex
space, multifamily, single family attached, and residential projects is subject to these Guidelines.
They shall be consistent with those set forth in Eagle City Code 8.2A-1 thru 8.2A-19, Eagle
Architectural and Site Design Guidelines, 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.
Pellet Inttnit
The intent of the Design Guidelines is to provide a harmonious and integrated development of
commercial and residential buildings sharing conunon streets, trails, wetlands, and open spaces.
The general theme of the City of Eagle in compliance with the Eagle Ar :hitect ue and Site Design
Book. To achieve this goal it is not necessary to slavishly copy older existing buildings and use of
materials. 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. 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, specifically
the character the City of Eagle seeks to achieve.
This document does not relieve the applicant of the required compliance with the Eagle
Architectural and Site Design Book and Eagle City Code Chapter 8-2A.
Legacy Design Guidelines Page 1 of21
1
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Applicant Version lulu 18. 2006
Sob=titta4
All site development within the Legacy 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 design documents 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 8.2A-1 thru 8.2A-19, and the
Comprehensive Pian.
AnnexatioR
All parcel(s) annexed into the Legacy Development shall be subject to these standards in addition
to the Legacy Development Agreement, the standards of Eagle City Code 8.2A -L thru 8.2A-19, the
Eagle Architectural and Site Design Book. and the Eagle Comprehensive Plan.
Maintenance
All parcels) within the Legacy project area shall be maintained in accordance with those
provisions set forth in its covenants, conditions, and restrictions (CC&R's).
Legacy Design Guidelines Page 2 of 21
�r1IDEI.uIv I $. 2006
I./ SITE DEVELOPMENT DESIGN INES
1.10 General
The teen Site Development as used in this section, refers to the siting of structures and the
placement of related improvements on individual parcels within the Legacy project. This
includes but is not limited to parking lots, service areas, walkways, sign or identification
structures, lighting, etc. The objective of the site development guidelines is twofold: 1) to
support and amplify the City of Eagle City Code 8.2A-1 thru 8.2A-19, or Overlay
Districts and 2) to recognize the unique nature and location of the property within the City
of Eagle.
1.20 Site Development Theme
The site development theme acknowledges that the Legacy project is situated within the
western area of impact and within a printery residential area. The site development theme
also acknowledges the presence of three irrigation/drainage canals in the throughout the
site. The basic site development concept recommends a network of interconnected
landscaped drainage males which drain off and treat all storm water. In addition, this
swale system is the primary drainage way for local natural riparian vegetation. The
resulting landscape and i. f �,,,,, �.,, form is a series of large outdoor rooms connected by
roads and walkways that surround each of the gently elevated building pads. The design
of the development is to be a clearly identifiable community within the City of Eagle
providing a community that provides its residents a unique living and training
environment (Exhibit A).
1.2.1 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 within the context of the City of Eagle. The objectives underlying the thinking
behind the design guidelines are stated as follows:
• To establish a development area that is visually distinctive and memorable to its
users and residents.
• To encourage development in the area which is visugliv understandable and
meaningfil to its users.
• To encourage the design of buildings and exterior spaces in the area to be of an
overall high quality and avptoprinte character yet diverse enough to reflect a yarietv
of exmcssion and creativity.
• To promote ease of . . ' 1 n . in the area and its
connection with the rest of Eagle.
• To create pedestrian scale in the design of streets, parking areas, buildings and
spaces between buildings.
• To soften and enhance the appearance of buddines and stmeturcS.
Legacy Design Guidelines Page 3 of 21
Algol icant Version tyly I S. 2006
• To create visual unity in the design of site development and buildings within each
project parcel.
1.2.2 Design Stavderds for Collector Roads
The folIowing standards apply to all collector roads as designated by the City of Eagle or by
the Ada County Highway District (ACRD). All roads should be designed in accordance
with these standards or those of ACHD to which ever is greater.
• All crosswalks are 10 feet wide (none golf course side).
• All crosswalks are handicapped accessible. A drop curb is required at corners to
lhdlitate wheelchairs and strollers.
• The pedestrian pathway is separated from the street by a min. eight (8) foot wide
planting strip.
1.2.3 CoUsetor Width Requirements
Recommended collector width requirements within the
Legacy Project include:
• 42 -Lane Collector: The entry roadway off of Floating Feather Road liagle-Read
has fettliwn.travel lanes, 11-divitlerAmertwo bike lanes,
a minimum eight (8) foot wide planting strip on both sides, and a ten (10) foot wide
sidewalk on beet+-gn sides. The right of way width is 36-¢Q6eetr—Atf-be ey
inteteeetiaan-etiditionel-width-tnar-be-requesetl-te- -additional-lea-of
right-nam-lenes.
Legacy Design Guidelines Page 4 of 21
1mes111ritais11
Applicant Version July 18.2006
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1.2.4 Design Standards for Local Roads
The tbfowing standards apply to all local roads as designated by the City of Eagle or by
the Ma County Highway District (ACHD). All roads should be designed in accordance
with these standards or those of ACRD to which ever is greater.
Legacy Design Guidelines Page 5 of 21
1
Applicant Version JuIv 18.2106
• The typical roadway allows two travel lanes and one parallel parking lane.
• On each side of street are five (5) foot sidewalks.
• The pedestrian pathway is separated from the street by a min. eight (8) foot wide
planting strip.
• All crosswalks are handicapped accessible. A dropped curb is at all comers to
facilitate wheelchairs and strollers.
1.2.5 Loral Width Requirements
Purpose of the residential/local street section standard is to provide a clear basis for
selecting and constructing the appropriate street cross-section.
• All residential local roads (public or private) shall provide a minimum of 36 -foot
right of way.
• Minimum eight (8) foot wide planting strip.
• Minimum five (5) foot wide meandering sidewalk on both sides unless adjacent
to the golf course.
• Identitkation of crosswalks/design treatments to guide pedestrians along the
pathway network where/when a double side cross-section transitions into a
single sided cross section.
Legacy Design Guidelines Page 6 of 21
LT:
Applicant Version lulu 18.2006
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1.2.6 Eitel to Individual Development Areas
Within the framework set forth in the architectural guidelines related to materials, colors,
etc.., encourage individual expression at entryways by allowing tireestandinn structure*
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.
Typical Section at Entryway in Residential Areas
Legacy Design Guidelines Page 7 of 2l
1
Applicant Version 1yyly l8.2QQ¢
A minimum of eight (8) foot -wide planting Strip on both sides.
• 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.
• 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 should not be located in front of entryway signs.
1.2.7 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
City of Eagle Code 8.2A.7K.
• Provide medium sized trees Raja the parking lot at the density described in the
City of Eagle Code 8.2A.7K.
• 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.
• Use a species of tree which 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.
• Use one tree species in parking lot areas unless developments are extraordinarily
large or where visual distinction would be appropriate. For variety, vary tree species
from development parcel to development parcel.
Typical ttaeebn at Retell Ana Parking Lot
Legacy Design Guidelines Page 8 of 21
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Applicant Version July 18. 2006
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Wig las
rrmw eV erre•
1.2.8 Parking Let Sereeaiimit
To reduce the visual impact of row upon row of parked cars and the glare of headlights at
night, screen parking Tots from view along borders with public streets. The creation of high
walls however, should be avoided because of potential security and safety problems.
Maximum screen height is to be three feet or as described in the City of Eagle Code 8.2A,7.
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 low
walls or earth berms and supplementary plant material.
• The plant material in all -plant walls should be of such a type and number to reach
a height of throe and a half (3 1/2) feet within three years and to be approximately
75% opaque year round.
• 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.
Walls shall be generally sight -obscuring.
• A minimum height of 42 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.
1.2.9 Service Area Screeaisg
Visually soften and screen all service functions within the retail, office, and flex space
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.
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• Visually separate loading dock areas from public view with landscaping or walls
and landscaping.
12.10 %limeys and Pathways
Create an interconnected walkway and path system that will connect all parcels within the
Legacy 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.
• Interconnect development parcels with pathways located along direct desire lines.
• Differentiate walkways within the retail and office development from parking area
paving by using a contrasting paving material.
• Walk and path surface pattern and scoring depth must be compatible with the
comfort and safety needs of pedestrians, especially the elderly and the handicapped.
1.2.11 Design Standards for Street Lights
• All street lights are to be pole mounted non -glare luminaries.
• All luminaries are to have an internal shield and/or reflector, which directs the light
beam downward to the traveled surface.
• All streets, courts, cul-de-sacs, and parking lots are to be illuminated. The
minimum light level is to be .25 foot candles.
• All native trails, internal foot or bicycle paths, and recreation areas not otherwise
located along a street are to be illuminated. The minimum light level is to be .25
foot candles.
1.2.12 Walkway and Pathway Lighting
Provide lighting along all walkways and pathways.
• Minimum foot candles along walkways should be not less than .25 foot candle and
not more than 6-8 foot candle directly under the luminaire.
• Avoid dark spots and abrupt changes in light levels.
• Select fixtures which are harmonious with the design of the development and
which have a pedestrian scale.
1.2.13 Site and Landscape l Iglydag
Create site and landscape lighting to promote safety, security and visual attractiveness.
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• 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.
1.2.14 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.
• Minimum foot candles in parking lots should not be leas than V2 foot candle and
not more than 8-10 foot candle directly under the luminaire.
• Avoid dart spots and abrupt changes in light levels.
• Select fixtures which are harmonious with the design of the development.
• Fixtures are not to be metal halide.
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2.0 LANDSCAPE DESIGN GUIDELINES
2.10 PUBLIC RIGHTS OF WAY
2.1.1 General
The term landscape as used in this section refers to those elements which give form and
character to the physical and natural environment of the Legacy project arca. Those
elements include but are not limited to the placement and variety of planting margins,
sidewalks, paths and trails, wetlands and drainage swates, lighting, screening of service
roads, entry features, special features, etc. Providing for a desirable "nature like" or "park
like" setting in the context of the "Rurban" Eagle environment is the goal of this section
of the design guidelines. Standardizing this landscape within the broader framework of
the Eagle City Code 8.2A Design Review and Overlay Districts.
2.1.2 Landscape Theme
The landscape theme for the Legacy project is to be a generalized reflection of the
natural plant materials and growing conditions commonly found within the localized
geographical area. The use of cultivars is encouraged insofar as they enhance the riparian
landscape associated trees and shrubs.
2.13 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 to achieve
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 Legacy project area.
• To create a .tlg 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 create :,�which aid in the visual understandability of the area by
visitors, residents, and other users.
• To increase pedestrian accessibility. safety. and comfort throughout the project.
• To improve traffic flow and safety in the entire Legacy project area.
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2.1.4 Landscape Standards For Collectors
rr vd art_EM Y • e.emior
lr
iv.. COLL[C7011 qO*O w/ GOLF ON NO11T/4 — P40 TIAN LAN[!
Section at Meador Residential CoNeeSsr Rd.
• 6
ourbsidellanting-striptA variety of Class t, 2 and 3 trees will be clustered Mona the
CoII c ors,adiacent to the curbside plantinu strip. to provide an optgammtmaing
to visually expand and enhance the press cc or Ole lgrxlsearx< environment. —At
street and driveway intersections tees are located with respect given to A.C.H.D.
clear vision standards.
• All street trees have a minimum fettr(4) three (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 eight (8) 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 three -lane collectors, collectors, or major
driveways to developments are paved in concrete. Where concrete crosswalks abut
asphalt streets or driveways, a proper transition is requited between the concrete and
asphalt to avoid excessive wear and damage.
• 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.
• Minimum ten (10) foot wide planting strip on the non-uolfside,
• Ten (10) foot wide meandering multi -use path on the non -golf side.
2.1.5 Landscape Standards for Local Streets
Discussion:
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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 Legacy project. The visual importance of
street trees is critical to the identity of the area. In summary, trees provide the visual glue
which ties together the strectscape. Street trees bring visual order by providing a unifying
element which allows individual .. ti : to distinctly occur. Their form, foliage, color.
and smell create special character for a particular street.
It is important that all streets have some individual personality. This variation helps users
to know where they are in the area. It also contributes to the uniqueness of the area. The
suggested guidelines below therefore build on the present City of Eagle policy but offers
some variation so that individual streets will take on special color and personality.
• Trees shall be selected from the City of Eagle approved tree list and promote
biodiversity through out the development.
• Flowering trees such as flowering pear and crab are recommended in each
residential cluster, loop, or cul-de-sac. These trees should vary in variety from
cluster to cluster and to each residential unit.
• Medium-size canopy trees are placed at approximately enc tree per buildable lot
3$ -Peet -intervals between the curb and sidewalk.
• All trees and associated groundcovers or lawn areas are to be irrigated with
underground, automatic systems.
• 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 minimum of eight (8) feet of
lawn or groundcover between the edge of the sidewalk and edge of any site
development (parking lot screens, shrub landscaped areas, etc.).
• Pedestrian crosswalks which cross intersections of local roads with collectors or
major driveways to developments are paved in concrete. Where concrete crosswalks
abut asphalt streets or driveways, a proper transition is required between the
concrete and asphalt to avoid excessive wear and damage.
• 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.
• All tree selections shall be reviewed by the City Forester.
2.1.6 Pleat 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
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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 City of Eagle Code 8.2A.7.
2.1.7 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 which supports 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 a development to create some
year-round foliage effect. Possible locations include: service areas, along borders
with residential areas, along blank walls, and on packing islands.
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ARCHITECTURAL DESIGN GUIDELINES
3.1 General
The term architectural design as used in this section refers to the design of all buildings on
individual parcels within the Legacy project including but not limited to commercial,
office, flex space, multifamily and residential projects. The objective of the architectural
design guidelines is two fold;
1) To support and amplify Eagle City Code 8.2A-1 duu 8.2A-19 and Eagle Architectural
and Site Design Guidelines and
2) To establish the unique character and design of the Legacy community.
3.2 Areltiteetural Theme
The architectural theme acknowledges that the Legacy project will represent a significant
residential expansion within the western area of Eagle. It is important therefore that the
architectural character of the Legacy project be harmonious with that described in the
Eagle City Code 8.2A-1 thru 8.2A-19 and the Eagle Architectural and Site Design
Guidelines. The design intent of the architectural character purposively amplifies the
quiet rural tradition of historical Eagle.
3.3 Design Objectives
The following architectural design objectives generally apply to all building types within
the Legacy project including but not limited to commercial, office, flex space,
multifamily, and residential projects. 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 waHs 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.
• Roofk and Roofing: Sloping roofs such as gables and hips are required on smaller
buildings and encouraged when appropriate on larger buildings, or portions of larger
buildings. Decorative mansards on large buildings are not allowed, however,
parapets. cornices and other detailing is acceptable. 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 as welt as vertical mullions are
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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. Awnings shall be simple and of traditional materials -
lighted vinyl awnings ate inappropriate. Substantially tinted or colored glazing and
interior shading films are not allowed.
• 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) with proper detailing, reveals, and
appropriate rustication. 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 wood sidings - horizontal or vertical
boards, boards or plywood with battens, and shingles. Local stone is encouraged and
shall be used as walls, wainscots. bulkheads, columns or plinths, but not as
decorative panels. Materials that are imitations of other materials are not permitted;
such as concrete formed to appear as stone. 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.
• Identified Architectural Styles: A11 buildings (residential and non-residential)
shall conform to the following architecture:
• Craftsman
• Prairie
• Shingle
• European Country
• Tuscany
• 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: 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. Consideration should be given to colors used in the curlier part of this
century; such as the Williamsburg Colors by Sherwin Williams.
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3.4 Building Design Guidelines/Commercial
In addition to the general architectural design guidelines, the following items apply to
commercial projects in order to ensure consistency of relationship of buildings to roads
and parking areas.
• Windows: Retail storefronts 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 and shall not
rely on disproportionately scaled signage. Pedestrian friendly crosswalks, trellises,
canopies. landscaped buffers and the like shall be incorporated.
3-3 Building Design Guidelines/ Offices
In addition to the general architectural design guidelines, the following items apply to
office buildings.
• Windows: All openings shall appear as individual 'punched' windows, or groups
of openings, in lieu of ribbon windows or storefronts. except at main 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
ftorn adjacent parking areas through the use of architectural elements and shall not
rely on disproportionately scaled signage. Pedestrian friendly crosswalks, trellises,
canopies, landscaped buffers and the like shall be incorporated.
3.6 Building Design Guidelines/ Res Space
In addition to the general architectural design guidelines, the following items apply to flex
space projects.
• Roofs: On high bay buildings, the use of sloping roofs around the perimeter,
within or exceeding the depth of the structural and mechanical systems, are
encouraged as a means of visually reducing the scale when appropriate.
• Windows: All openings shall appear as individual 'punched' windows, or groups
of openings, in lieu of ribbon windows or storefronts, except at main building
entries. All windows shall have solid bulkheads between the sill and adjacent
ground or paving surface except at entry sidelights.
• Equipment. Service and Loading Concealment Truck parking. large doors, and
loading/unloading areas shall be located within walled courts, wings of the building,
or a combination of both to substantially conceal the activity.
• Relationship to parking: Entries to office or reception areas for individual uses
shall be on the front or approach side of the building and shall be easily visible and
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distinguishable from adjacent parking areas through the use of architectural elements
and shall not rely on disproportionately scaled signage.
3.7 Building Design Guidelines/Townhouse/Multifamily Residential
In addition to the general architectural design guidelines, the following items apply to
multifamily projects.
• Garages: 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 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: Carports are prohibited.
• Roofs and Roofing: Sloping roofs such as gables and hips are required. Flat roofs
for mechanical equipment shall be concealed by sloping roofs or portions of the
building. 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, true divided lights are desired.
• 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 Trail 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
• Conform with the design concepts contained within Exhibit B.
18 Building Design Guidelines/ Residential
In addition to the general architectural design guidelines, the following items apply to
duplex and single family 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
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gpplicant VpsIon lulu 18.2006
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. Garage doors shall be kept to minimum
sizes and shall not be over -styled with arches, windows and decorative panels.
Carports are discouraged.
• Roofs and Roofing: Sloping roofs such as gables and hips are required. 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 fiat 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 as
well as vertical mullions are encouraged to reinforce residential scale, true divided
lights are desired. Shading shall be achieved with approved awnings, canopies,
overhangs and other architectural elements; substantially tinted or colored glazing
and interior shading films are not allowed. 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 are encouraged to be constructed of high quality, substantial,
well -wearing materials: Brick, stucco, wood or composition sidings - horizontal or
vertical boards, boards or plywood with barons, shingles, or EIFS (exterior
insulation and finish systems) with proper detailing. Local stone is encouraged and
shall be used as walls, wainscots. chimneys, columns or plinths but not as decorative
panels. Materials that are imitations of other materials are discouraged; such as
concrete funned to appear as stone. Appropriate combinations of materials to
modify scale and add visual interest should be considered.
• Architectural Elements: Attention to detail is encouraged and shall be
proportional to the facade with the caution that ton -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 comer lots or long side yards.
• Parking, Open Space and Trail 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.
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• 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. Pavers or patterned concrete is encouraged for walks and drives.
• Equipment Concealment: Mechanical and electrical equipment shall be located as
much as possible away from front yards and screened from view. Refuse and
recycling containers shall be stored out of public view inside garages or behind
fences - enclosures designed strictly for concealment purposes are discouraged.
• 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. Consideration should be given to colors used in the
earlier part of this century; such as the Williamsburg Colors by Sherwin Williams.
• Conform with the design concepts contained in Exhibit G
Legacy Design Guidelines Page 21 of 21
EXHIBIT D
SCHEDULE OF DISTRICT REGULATIONS
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 28
1-22-18
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)
Districts
AR LCCCC
• - - MBMMPM
A R E R O A1 2 3 CB -1 P -2 -3 S U
Land Uses D
Agricultural:
Agricultural and
forest
Dairy farm
Farm
Farmers' markets
(outdoor)
Feedlot and
stockyard
Horticulture
(general)
P IP!11
Horticulture PP P P
(limited)
Roadside stand P P P P PPP P
(temporary
structure)
Turf and/or tree
farm
Vineyard
Residential:
Accessory P I-1
dwelling unit
Apartment C C
Boarding or C C, C
lodging house or
dormitory
L
P
P
P
P
C
-{-
Home occupation P f P (P I P
Mobile home ! C
(single unit) 1
(primary
residence) t !
P
Mobile home C C, C � C
(single unit)
(temporary living
quarters)
Mobile home
court (RV)
Mobile home r
park
Multi -family P C
dwelling I I
Planned unit ! C C I C' C
development
Single-family P P F IP ;C,
dwelling '
(existing)
Single-family P PIP [PIC
dwelling (new) ;
Two-family -_ i P i
dwelling I ,
Commercial: 1
Adult business I ; ! '
I _
Airport 1 ; �'�r P
! i
i s
Ambulance
services
Animal shows or P .0
sales
Artist studios P
Arts and crafts
c •c i
r -
i
r
ICIPc I IC
i I I
P' ;P C P C,
ip P P
C�
i
C!
C
C�
C'
P� P
P
shows
Auction facility C
• 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
Bed and
breakfast fa :ility
_ C
P
C P P
P
C
P P
C P P P
P P
P PP P
CPCC
P C
C P
P C P
PrPiPP
I I rpr
Building supply
outlet
Cabinet shop
Catering service
Cemetery
Childcare:
Daycare center
Family 'PIP P IP C
Group ICIC C IC C
' 1 1
Christmas tree 113 I 1 .
sales 1 1
Church iCIC C IC P
1: 1
' Circuses and ei r
carnivals
!Clinic .... . 1.--.
I
1 Club or lodge I
Coffee roasting
1 1-
1
[ facility 1 ;
c
1 i
P r P P , C P
I I
r i p - P- •••P- _ ___.
.
C c c 16c - c C.- C
1
! i I
r!
ci7a. fc!c cccc
c
ccc c
P
P P p P P
P P P
P- 1-P • P- •P•
P P
C cc
CPP P
Commercial
entertainment
facilities (indoor)
Commercial C C
entertainment
fadlities
(outdoor)
Communication
.P PP
C C
C
FC
•
P
P P
P
P C
I P
P
C -
C
facilities
Contractor's yard
and/or shop
Convenience
store with fuel
service
Convenience CC CC
store with no fuel
service
i
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
Heliports
Home and
(c
P
C CI C
C P P
P o P P
C c
C;P P
P P P' P
C C C C�PFPIP
C
P
P
P
C C ( I
C• •IC
p IP,P
P
P iP P
P p j_ .... .i
C P PSP P
p. 1
C
P. ;
C P
P P
P
P
business
services
•
Hospital
Hotel
FInstitution
�-�:rlriFr
Laundromat
Laundry (with
drive -up service)
C
r
C IP IP C
P �P P
1 1
I
T -T [
•! 1 1 1
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(Ord. 899, 5-28-2013; amd. Ord. 672, 12-10-2013; Ord. 720, 8-24-2014; Ord. 733, 6-23-2015; Ord. 758, 8-23-2018)
EXHIBIT E
LANDSCAPE STRIP
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 29
1-22-18
Typical Landscape Buffer Section
0
LEGACY
ANIMALS
PATMMT
e'er E*th
, Top
Elim
• %WOES
TYP. LANDSCAPE BUFFER SECTION
EXHIBIT F
PROJECT ACCESS POINTS
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 30
1-22-18
Public Roadway Access Points
0
LEGACY
The Legacy development has been designed to adhere to the longterm comprehensive plan of the City of Eagle and
will comply with ACHD standards.
Floating Feather
Road
HWY
16
1
i
18
i
EXHIBIT G
COMMUNITY SIGNS AND WATER FEATURES
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 31
1-22-18
Landscape and Community Element Character
[ (6 (
11711.14.`
Landscape and Community Element Character
I
EXHIBIT H
MEMORANDUM OF AGREEMENT
DEVELOPMENT AGREEMENT THIRD MODIFICATION - 32
1-22-18
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") is made end entered into this n_ day of
p eeatlesr, 2005, between the CITY OF EAGLE ("CITY") and EAGLE SPORT LEGENDS
DEVELOPMENT, LLC ("EAGLE SPORT) to document the development of water rights and
wells for the Legacy Subdivision located in Ada County, Idaho ("Legacy Subdivision"). The
purpose and objective of this MOA is to require EAGLE SPORT to acquire sufficient municipal
water rights and develop sufficient wells to deliver municipal water to the Legacy Subdivision in
compliance with and consistent with the intent City of Eagle Ordinance No. 479.
RECITALS
WHER2EAS, EAGLE SPORT is in the process of developing the Legacy Subdivision;
and
WHEREAS, the Legacy Subdivision will require municipal water and accompanying
wells to serve the residential development in the Subdivision; and
WHEREAS, to facilitate annexation of the Legacy Subdivision into the CITY and the
development of the Subdivision, EAGLE SPORT is required to acquire and develop sufficient
water rights and wells for the purpose of serving the Subdivision in order to comply with City
Ordinance No. 479; and
WHEREAS, the CITY has filed an application for a water right No. 63-32089 that is
agreed to be sufficient for the Legacy Subdivision; and
WHEREAS, EAGLE SPORT has thoroughly reviewed that application, the protests to
the application, and is fully aware of the steps and procedures necessary to license the
application, and comply with City Ordinance No. 419, and agrees the application would best
meat the needs of the Legacy Subdivision; and
PAGE 1 of 4
ORIGINAL
WHEREAS, EAGLE SPORT has determined that it is in its best interest to use the
CITY's application in order to meet EAGLE SPORT' obligations to provide potable water for
the Legacy Subdivision pursuant to City Ordinance No. 479; and
WHEREAS, the CITY has agreed to allow EAGLE SPORT to utilize the CITY's
application in order to acquire the necessary water rights for the Legacy Subdivision as set forth
in the application.
NOW THEREFORE, the CITY and EAGLE SPORT agree as follows:
1. The CITY shall proceed to license the CITY's application No. 63-32089.
EAGLE SPORT agrees to pay the CITY for the services of appropriate experts and course! to
take all steps necessary to complete licensing of the application including meeting any
requirements required by the Idaho Department of Water Resources_ Title to the water right
shall remain in the CITY's name.
2. EAGLE SPORT agrees to cooperate in all respects with the CITY in the licensing
procedure and to execute such documents as are deemed necessary by the CITY in its sole
discretion to complete the development of the water right, the development of wells, and the
conveyance of any interest in land necessary to accomplish the objectives of this MOA. EAGLE
SPORT further acknowledges the interest of the CITY in the application and agrees to take all
steps necessary to protect and defend the CITY's interest in the application. EAGLE SPORT
further agrees to enter into a Joint Defense Agreement with the CITY with regard to any lege]
proceedings involved in processing the application and to take all actions necessary to protect
communications between the CITY and EAGLE SPORT as appropriate, including all
communications between and among counsel and other parties representing the CITY and
EAGLE SPORT.
PAGE 2of4
3. EAGLE SPORT shall, at its own expense, develop wells designed to meet all
municipal well requirements in accordance with all applicable laws and regulations end transfer
the same to tate City. The tnunicipal wells and their construction shall be subject to the approval
of the CITY Engineer consistent with City Ordinance No. 479.
4. Upon the signing of this MOA, EAGLE SPORT will take all steps necessary to
guarantee that it has the authority with respect to the land where the point(s) of diversion of
water right application No. 63-32089 are located to convey such land to the CITY for the well
site and any easements necessary to provide water delivery from the well(s) to the Legacy
Subdivision or to otherwise connect to the CITY water system as ;.. ,.....;., .1 by the CITY
Engineer and shall convey such lands to the CITY upon notice by the CITY. Proof of such
authority shall be provided to the CITY.
S. EAGLE SPORT understands and agrees that licensing of the municipal water
right and transfer of the municipal wells and necessary easements as set forth above are an
absolute condition for approval of the final plat of the Legacy Subdivision, and die CITY Clerk
will not sign the final plat until the water right is licensed and wells are completed, alt necessary
interests conveyed to the CITY. the water right and wells we ready and able to deliver water to
the Subdivision, artd all costs and expenses owed pursuant to Ordinance 479 have been paid to
the CITY and others. EAGLE SPORT further understands and agrees that the above described
water right and municipal wells. as approved by the CITY, the Idaho Department of Water
Resources and the Department of Environmental Quality, shalt be the means by which Legacy
Subdivision is supplied potable water.
6. Where appropriate, the CITY will consider whether a cash bond, irrevocable
letter of credit, or similes instnunent may be acceptable to the CITY to guarantee performance by
EAGLE SPORT.
PAGE 3 of 4
7 EAGLE SPORT understands and agrees that this MOA may be incorporated into
a development agreement between the CITY and EAGLE SPORT as part of the rezone approval
process.
8. Each party signing below attests and declares under penalty of perjury that the
party has authority to sign on behalf of the indicated entity or entities and that the non -CITY
entities are bound by this MOA
Attest:
SHARON! BERGMAN
City Clerk
PAGE 4 of 4
EAGLE SPORT LEGENDS
DEVELOPMENT, LLC
An Idaho LiLiabilt C
pang
By: S gsattre Sports Development LLC,
its Manager
An Weh 'ttad Li ' ' tupaay
Knoll cies ales
LLC,
C,
its Manager
An Idaho Limited Liability Company
By: Leon Maser, Manager
Knoll Acres Associates LLC
For the CrI Y OF EAGLE
N
M , or of CI' of Eagle
SECOND AMENDMENT TO
MEMORANDUM OF AGREEMENT
THIS SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT is made the
/41' day of March, 2018 ("SECOND AMENDMENT"), by and between the City of Eagle
("CITY"), an Idaho municipal corporation located in Ada County, Idaho; CLOUD BERRY,
LLC, a Wyoming limited liability company ("CLOUD BERRY"); and WHITE STURGEON,
LLC, an Idaho limited liability company ("WHITE STURGEON")(collectively the "Owner"),
which Amendment is made to that certain Memorandum of Agreement entered into the 17th day
of November, 2005, by and between the City and Eagle Sports Legends Development, LLC (the
"MOA").
RECITALS
A. Eagle Sport Legends Development, LLC, an Idaho limited liability company, Eagle
Sports Legends Development #2, LLC, an Idaho limited liability company, Eagle Creek
Properties, LLC, an Idaho limited liability company, and the CITY negotiated and
executed a Development Agreement dated October 10, 2006, recorded as Instrument No.
106161990 in Ada County, Idaho, which incorporated the November 17, 2005,
Memorandum of Agreement as Exhibit M as part thereof;
B. Subsequently, Eagle Sports Legends Investments, LLC (f/k/a Eagle Sports Legends
Development, LLC); Eagle Sport Legends Investments #2, LLC (f/k/a Eagle Sports
Legends Development #2, LLC); Legacy Idaho, LLC; Signature Academies Idaho, LLC,
all of which are now administratively dissolved Idaho limited liability companies, and
Idaho Development Services, Inc., an Idaho corporation (collectively the "ORIGINAL
DEVELOPERS"), and the City executed that First Amendment to the MOA on the 26th
day of February, 2008 (the "FIRST AMENDMENT"). Any reference to the parties
identified above as the "Original Developers," as set forth in the Memorandum of
Agreement dated November 17, 2005, and the First Amendment to the Memorandum of
Agreement dated February 26, 2008, includes and implies any heirs, successors in
interest, agents, employees and assigns thereof.
C. Cloud Berry succeeded to the right, title and interest of the Original Developers with
respect to the real property parcels subject of the Development Agreement, and has
subsequently conveyed certain parcels thereof to White Sturgeon.
D. The Owner and the City have entered into that certain Development Agreement Third
Modification with respect to the remaining portions of the real property subject to the
Development Agreement.
E. The parties desire to further amend the Memorandum of Agreement to clarify and further
specify the obligations of Cloud Berry under the MOA, as amended, with respect to the
remaining properties subject of the Development Agreement, as amended.
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT - 1
F. This Second Amendment shall be incorporated as an Exhibit to the Development
Agreement Third Modification, which instrument shall be recorded in the records of the
Ada County Recorder.
AGREEMENT
NOW THEREFORE, for valuable consideration, which the parties hereby acknowledge
and agree has been provided, the parties agree as follows:
Section 1. Amendment to Paragraph 3 of the Memorandum of Agreement. Paragraph 3 is
amended as follows:
3. CLOUD BERRY shall, at its own expense, develop wells designed to meet all
municipal well requirements in accordance with applicable laws and regulations and transfer the
same to the CITY. Upon the platting of the remaining 26 lots within the preliminary plat of
Snoqualmie No. 6 and another 176 lots in remaining phases of the Snoqualmie Falls and
Snoqualmie River Subdivisions for a total of 202 lots, CLOUD BERRY shall construct a well
east of Palmer Road.
The well must have a minimum pumping capacity of 1,350 gpm. In the event the well
cannot meet this capacity, a second well must also be provided. CLOUD BERRY shall provide
all necessary easements, maintenance agreements, and transfer the municipal well(s) to the CITY
upon completion and acceptance by CITY.
Section 2:
Agreement:
Amendment to Paragraph 12 to the First Amendment to the Memorandum of
Paragraph 12 shall be stricken.
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT - 2
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first
above written.
CITY OF EAGLE
Staii Ridg
MAYOR
CLOUD BERRY, LLC
By
stin Martin. its Manager
ATTEST:
14_
—Sharon -Bergmann
A
GLI • CITY CLERK/TREASURER
:;'�:�•ORATF�
u' . INP
SAS
.o
•
$ 040 Q
STAT?,
;; ,,, ,,' ss.`
STURGEON, LLC,
By: Developers Services, Inc.,
its Manager
By/
/ f
ice,./
€1,
Brian o1l, its President
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT - 3
STATE OF IDAHO, )
) ss.
County of Ada. ) 'n
On this 1 _4 t /1day of ViO Y'C Y l , 2018, before me, the undersigned, a
Notary Public in and for said State, personally appeared Justin Martin, known and identified to
me to be the Manager of Cloud Berry, LLC, a Wyoming limited liability company, that executed
the 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
4 ASHLEY M. YOUNG
Notary Public
State of Idaho
(SEALA
Notary Publili for I
_ Residing at EID1 , Idaho
Commission expires: 01 10/ - 20.2
STATE OF IDAHO, )
) ss.
County of Ada. )
On this j 'day of Mar Ch , 2018, before me, the undersigned, a
Notary Public in and for said State, personally appeared Brian F. McColl, known and identified
to me to be the President of Developers Services, Inc., the Manager of White Sturgeon, LLC, an
Idaho limited liability company, that executed the 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
CKRrs7
ses,• (S•IA0TA/
J• )',PUBLIC
; •
C
Notary Public for Idaho
Residing at �. , Idaho
Commission expires: 7-15 -2
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT - 4