Development Agreement - 2001 - Picadilly Village - 9/13/2001
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
RECORDED- REQUEST Of
.ADA COUNTY RECORDER a ~ -tï &4d
J . ~A.VJ9 ".AVARRO r FEE DEPUTy. .
!lGL.o IDAHO
. ZOO I SP 27 AM 8: 39 ; : iiA 0 I 0 9 9 2 7 0
~
Recording Requested By and
When Recorded Return to:
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Bruce A. Patterson and Kimberly S. Patterson husband and wife and
Stacia L. Patterson. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate generally located
at the southwest corner of Hill Road and State Highway 55, Eagle, Idaho, ("Property"), as
specifically defined in the attached legal description (Exhibit A) which is the subject of an
application for Rezone identified as Rezone Application No. RZ-9-00; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-4 (Residential four or fewer dwelling units per acre) and
WHEREAS, the Applicant desires a MU-DA-P (Mixed Use with Development
Agreement and PUD) zoning classification for development of the site with uses outlined herein
on the above described Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing a mixed use zoning designation for the Property must be limited with a
Development Agreement to prevent undue damage to, and to otherwise be in harmony with the
Comprehensive Plan and the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a MU-DA-P (Mixed
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Use with Development Agreement and PUD) zoning designation for the Property with the
requirements set forth in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
I(C)(1); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a MU-DA-P (Mixed Use with Development
Agreement and PUD) zoning designation, after recordation of, and subject to the provisions
of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE n
CONDITIONS OF DEVELOPMENT
2.1 The owner shall submit a Planned Unit Development (PUD) and Conditional Use Permit
(CUP) application for the entire site (in accordance with Eagle City Code), and shall comply
with all conditions required by Eagle as a part of the PUD/CUP.
2.2 The owner shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of the Design
Review.
2.3 The Concept Plan represents the Applicant's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. Such changes, if proposed by the Applicant, shall be reviewed by the
City as "New Business" items and not as "Public Hearing" items unless the City determines
that any such changes require additional public comment due to potential impacts on
surrounding property or the community or unless the proposed use is a conditional use (c) as
established herein then a public hearing shall be required. If the City determines that a public
hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as
may be required by the City.
2.4 The Property shall be permitted to be developed with approximately 4.3 acres consisting of a
maximum of 3.7 dwelling units per acre (16-units total) and approximately 2.6 acres
consisting of a maximum of 28,000 gross square feet of commercial buildings. The Owner
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acknowledges that the minimum Eagle City Code parking and landscaping requirements may
limit the square footage to less than 28,000 square feet.
2.5 The maximum size for any individual commercial building shall be 10,000 square feet.
2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6
acres planned for commercial buildings noted in section 2.4 above.
Permitted Uses
- Horticulture(general)
- Horticul ture(limi ted)
-Roadside Stand (temporary structure)
-Home Occupation
-Planned Unit Development
-Bed and Breakfast Facility
-Beauty/Barber Shop
-Catering Service
-Childcare(family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Emergency Health Care
-Laboratories
-Office, Business and Professional
-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35-feet or less)
-Professional Activities
-Restaurant (no drive thru, up to 5,000 square feet)
-Limited Retail Sales (up to 2,000 square feet)
Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
-Food and Beverage Sales (up to 1,500 square feet)
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-Kennel
-Mortuary
-Nursery, Plant Materials
-Nursing I Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
2.7 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to include uses
that the "Official Schedule of District Regulations" show as prohibited, in no case shall any
of those prohibited uses be permitted for this site.
2.8 Except as provided for herein the development shall comply with the Eagle City Code, as it
exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.9 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
ARTICLE ill
AFFIDA VIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67 -6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
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incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning of the property
shall revert to the R-4 (Residential four or fewer dwelling units per acre) zoning designation
unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated
in good faith between the Applicant (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 Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MA TIERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions ofIdaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
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number shall each be deemed to include the others wherever and whenever the context so
dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that each have been
represented by legal counsel in negotiating this Development Agreement and that neither
party shall have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to whom the notice is directed at the address of such party set forth
below;
Eagle:
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners:
Bruce A. Patterson
Kimberly S. Patterson
Stacia L. Patterson
5025 Old Valley Road
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.5 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this A day of ~, 2001.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
\
ayor
ATTEST:
1-R r ~ - I?- !Yì (9<J-K.
............... '-
Sharon Moore, City Clerk
DATED thisßfLday Of~' 2001.
By: ß...-q 0... ç,~
Bruce A. Patterson, Owner
By:
Stacia L. Patterson, Owner
STATE OF IDAHO )
: ss.
County of Ada)
On this 11- day o~ ,2001, before the undersigned notary public in and for
the said state, personally appe ed RICK YZAGUIRRE, known or IdentIfIed to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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STATEOFIDAHO )
: ss.
County of Ada)
On this Ji- day of }). /1 L ,2001, before the undersigned notary public in and for
the said state, personally ap~ A. PATTERSON, known or identified to me to be an
owner of the property referenced herein. and the persons who executed the foregoing instrument.
STATE OF IDAHO )
: ss.
County of Ada)
On this -+3- day of Q,¡, nJ- , 2001, before the undersigned notary public in and for
the said state, personally ap~RLY S. PATTERSON, known or identified to me to
be an owner of the property referenced herein. and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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On this tl day of ~è ,2001, before the undersigned notary public in and for
the said state, personally appeared STACIA L. PATIERSON, known or identified to me to be an
owner of the property referenced herein. and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. ..-.-
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