Findings - CC - 2017 - PP/FP-02-17 & CU-02-17 - Combined Preliminary/Final Plat And Cup Approval For Kestrel Commons SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY/FINAL
PLAT AND CONDITIONAL USE PERMIT
APPROVAL FOR KESTREL COMMONS
SUDIVISION FOR DAVID CALLISTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-02-17 & CU -02-17
The above -entitled combined preliminary/final plat and conditional use permit applications came before
the Eagle City Council for their action on July 25, 2017, at which time public testimony was taken and the
public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
David Callister, represented by Travis Perry, is requesting combined preliminary/final plat and
conditional use permit approval for one for Kestrel Commons Subdivision, a 2 -lot (1 4 -unit multi-
family dwelling, 1 commercial) mixed-use development. The 0.38 -acre site is located on the east
side of South Kestrel Place approximately 250 -feet south of West State Street at 174 South Kestrel
Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Friday, March 10, 2017, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 6, 2017. Revisions and additional documentation was
received by the city on June 6, 2017, and June 7, 2017.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 17, 2017. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on May 9, 2017. Requests for agencies' reviews
were transmitted April 12, 2017, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on May 10, 2017.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 10,
2017. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on July 7, 2017. The site was posted in accordance with the Eagle City
Code on July 14, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 10, 1993, the Eagle City Council approved a rezone and preliminary plat for Kestrel
Cove Subdivision (this application is for a re -subdivision of Lot 30, Block 1, of Kestrel Cove
Subdivision).
Page 1 of 25
K:\Planning Dept\Eagle Applications\ SUBS\201 TKestrel Commons Sub ccf docx
On August 11, 1998, the Eagle City Council approved a rezone from R-4 (Residential) to CBD
(Central Business District).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
COMP PLAN
DESIGNATION
Downtown
No Change
Downtown
Residential Four
Downtown
ZONING DESIGNATION LAND USE
CBD (Central Business Vacant parcel
District)
No Change
CBD (Central Business
District)
R-4 (Residential)
R-4 (Residential)
West of site Downtown CBD (Central Business
District)
G.
H.
Multi -family dwelling and
office
Medical/dental office
Residential subdivision
(Kestrel Cove
Subdivision)
Single family residences
Office
DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Transitional Development Area (TDA).
SITE DATA:
Total Acreage of Site — 0.38 -acres
Total Number of Lots — 2
Residential - 1
Commercial — 1
Industrial — 0
Common — 0
Total Number of Units — 4
Total Acreage of Any Out -Parcels — 0
Page 2 of 25
K\Planning Dept\Eagle Applications \SUBS\201TKestrel Commons Sub ccf.docx
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 12.9 -units per acre Not limited within the CBD
Minimum Lot Size 3,315 -square feet 500 -square -feet
Minimum Lot Width 57 -feet 25 -feet
Minimum Street Frontage 49 -feet 35 -feet
Total Acreage of Common Area 0 -square feet 0*
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 0% 0*
(measured as total landscaping of
the entire site)
*Note: per Eagle City Code Section 8 -2A -7(B), 15% of the residential portion and 10% of the total site is required to be landscaped.
GENERAL SITE DESIGN FEATURES:
Open Space:
No common area open space is proposed within the site. Landscaping and plaza areas within the
site are proposed.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
Page 3 of 25
K:1Planning Dept\Eagle Applications\SUBS \2017\Kestrel Commons Sub ccf.docx
J. STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed with this application. The proposed subdivision will be accessed from South Kestrel
Place.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/A
Sidewalks:
A five-foot (5') wide sidewalk currently exists adjacent to South Kestrel Place. Eagle City Code
Section 8 -2A -6(G)(13) requires sidewalks within the TDA to be a minimum of ten feet (10') wide
and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide
landscape strip between the sidewalk and curb.
Curbs and Gutters:
Five -inch (5") vertical curb with gutter currently exists along South Kestrel Place.
Lighting:
Two street lights are proposed to be constructed adjacent to South Kestrel Place.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — No
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — Unknown
Wildlife Habitat — Unknown
Historical Sites — Unknown
Page 4 of 25
K:1Planning Dept\Eagle Applications\ SUPS\2017\Kestrel Commons Sub =Mom
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
P. AGENCY RESPONSES:
Q.
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated June 16, 2017 are of special
concern.
Ada County Highway District
Central District Health Department
Eagle Fire District
Idaho Department of Environmental Quality
Tesoro Logistics
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Velma Burke, date stamped by the city on May 30, 2017.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 5.5 Economic Development Implementation Strategies
C. Encourage a diversity of uses in the Downtown Eagle.
• 6.3 Land Use Designations:
The Comprehensive Plan Land Use Map (Adopted February 10, 2015), designates this site as
the following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi -public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
• 6.6 Land Use Implementation Strategies
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and subsidized
housing and large acreage developments.
G. Locate higher -density residential development closest to Downtown Eagle and activity
centers as shown on the Comprehensive Plan Land Use Map.
N. Promote commercial service and retail development within Downtown Eagle that
contributes to a pedestrian friendly environment.
Page 5 of 25
K\Planning Dept\Eagle Applications \ SUBS \201TKestrel Commons Sub ccf docx
• 6.8.13 Downtown Eagle Plan
Goal 1:
Infill Development: Encourage high density and intensity development to locate in Downtown
Eagle creating a more vibrant center. Encourage and promote residential uses in and within
walking distance of Downtown Eagle enabling a more efficient use of the existing
infrastructure investment and resources while offsetting the high cost of land and creating a
more convenient place to live and work.
a. Encourage the development of unique and diverse land uses within Downtown Eagle
that provide harmony in form but promote a variety in function.
b. Encourage the use of terraced (stepped back) vertical mixed use buildings that allow
for office, commercial, retail, and residential within a single building while
reducing/avoiding a monolithic building wall along the street and sidewalk plane.
c. Allow for the intermingling of daily convenience uses (grocery, cleaners) with
destination uses (restaurants, pubs, and art galleries).
d. Take advantage of the existing infrastructure (sewer, water, and roads) to increase the
intensity of downtown (employment and housing) while designing a unique pedestrian
environment (wide sidewalks, cafe seating, trees, and public art) within and adjacent
to the existing rights of way.
e. Avoid conventional development and single -use zoning that compartmentalizes
housing, shopping, and business uses; that focuses on large vehicular thoroughfares
and limited pedestrian connectivity.
f. Promote the use of parking structures, rear/alley loaded parking, and on -street parking
to discourage large surface lots within Downtown Eagle.
Diversity of Housing Choices: Promote a range of housing types and price levels that bring
people of diverse ages and incomes into daily interaction to strengthen personal and civic
bonds, and the attachment to the community Encourage a variety of dwelling types such as:
houses, bungalow courts, row houses, live/work units, lofts, and apartments to ensure that
younger and older people, singles and families, and all income levels can find a place to live.
Broader housing options within downtown reduce the pressure for higher density in other
portions of the community. Creating an active residential presence in downtown reduces the
daily transportation issues (congestion and parking) commonly found in commercially
dominated downtowns.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
CBD CENTRAL BUSINESS DISTRICT: To accommodate and encourage further expansion
and renewal in the historical core business area of the community. A variety of business, public,
quasi -public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this district. Pedestrian friendly uses
and developments are encouraged.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
The schedule of district use regulations identifies "multi -family dwelling" as a conditional use
and "Office, business and professional" as a permitted use within the CBD zoning district.
Page 6 of 25
K:\Planning Dept\Eagle Applications \SUBS\201TKestrel Commons Sub ccf docz
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
1R-4 135'
0'
0'
10'
0'
192% 11500
120'
• Eagle City Code Section 8 -2A -5(C)(2): Transitional Development Area — TDA:
The purpose of the TDA is to provided areas for public parking and service to the DDA and
serve as an area for future expansion of the DDA as market demands grow.
• Eagle City Code Section 8 -2A -6(G)(13): Streetscape:
Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the curb or
shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between
the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and
textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed
generally as shown on the bulb out exhibit within the EASD book and shall be required at all
intersections, except that bulb outs shall not extend into any roadway designated as an arterial
or collector as shown on the Ada County long range highway and street map unless otherwise
approved by the highway district having jurisdiction. A reduced sidewalk section may be
permitted if the design review board fmds that the preservation of existing trees warrants a
reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width.
• Eagle City Code Section 8-2A-7(J)(2)(b):
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7(J)(3)(a):
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
• Eagle City Code Section 8-3-2(D): Enclosed Trash Areas:
All trash and/or garbage collection areas for commercial, industrial and multi -family residential
uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4')
in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be
within an enclosed building or structure. Adequate vehicular access to and from such area or
areas for collection of trash and/or garbage as determined by the administrator shall be
provided.
Page 7 of 25
K:\Planning Dept\Eagle Applications \SUBS\201TKestrel Commons Sub ccf docx
• Eagle City Code Section 8-4-4-2(D): Screening And/Or Landscaping:
Whenever a parking area is located in or adjacent to a residential district, it shall be effectively
screened on all sides which adjoin or face any property used for residential purposes by an
acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall
not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in
good condition. The space between such fence, wall or planting screen and the lot line of the
adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or
evergreen ground cover, and maintained in good condition. In the event that terrain or other
natural features are such that the erection of such wall, fence, or planting screen will not serve
the intended purpose, then no such wall, fence, or planting screen and landscaping shall be
required.
• Eagle City Code 8-44-2(F): Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle
Width of parking space
Curb length per space
Length of parking space (measurement to be
perpendicular from the curb or front of space if no
curb is provided)
45° 69° 90° Parallel
9 feet 9 feet 9 feet 9 feet
13 feet 10 feet 9 feet 23 feet
15 feet 18 feet 19 feet 23 feet
Width of driveway aisle 13 feet 17 feet
24 feet 12 feet
• Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
Page 8 of 25
K:\Planning Dept\Eagle Applications \SUBS\2017VCestrel Commons Sub ccidocx
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use
is located, but shall be located no further than that permitted by subsection 8-4-4-1A
of this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces
are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create
a greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those
originally approved upon findings by the city council that adequate parking to
serve the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city
in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces
to be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The
maximum allowable reduction in the number of spaces to be provided shall not exceed
twenty percent (20%) of the sum of the number required for each use served unless a
conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
Page 9 of 25
K:\Planning Dept\Eagle Applications\SUBS\201TKestrel Commons Sub ccf.docx
B. Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
For the purpose of this title, the following space requirements shall apply, except that in the
DDA and TDA the space requirement listed herein shall be reduced by fifty percent (50%) for
all nonresidential uses and adjacent on street parking shall be included in the minimum
requirement:
Type of Use
Apartments
multi -family
dwellings
Off Street Parkins Spaces Reauired
or For each unit with 2 or more bedrooms — 2 including 1 covered; for each
1 bedroom studio unit — 1.5 including 1 covered. 0.25 spaces per unit
shall be provided for guest parking. Adjacent on street parking spaces
on a local street may be credited toward the guest parking requirement
Offices, business
and professional
1 per 250 square feet of gross floor area
• Eagle City Code Section 8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Page 10 of 25
K:\Planning Dept\Eagle Applications \SUBS\2017\Kestrel Commons Sub ccidocx
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and fmal plat if all the following
exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and fmal plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
® Eagle City Code Section 9-3-2-1(C): Stub Streets:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall
be such that said streets extend to the boundary line of the tract to make provisions for the
future extension of said streets into adjacent areas, and shall have a cul-de-sac or temporary
cul-de-sac. A reserve street may be required and held in public ownership.
• Eagle City Code Section 9-4-1-9(C): Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the city
council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and make
such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor, and
the installation of a state approved reduced pressure backflow prevention assembly or
an air gap separating the irrigation system and the potable water system. The operation,
maintenance, associated costs, and annual inspection of the backup connection and the
backup system's reduced pressure backflow prevention assembly shall be the
responsibility of the entities as determined in "Pressure Irrigation Standards" of this
section. Individual backup connections to individual lots by individual lot owners shall
be prohibited with the exception of the common area lots owned and maintained by the
homeowners' association.
Page 11 of 25
K:\Plaming Dept\Eagle Applications \SUBS\201TKestrel Commons Sub af.docx
b. The pressurized irrigation system shall be designed by a licensed professional engineer
registered in the state of Idaho, and the construction plans for the system shall be
reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent (25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5%) of the expected per
lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the city
engineer and city council, demonstrating and supporting the estimated costs of construction
of the pressurized irrigation system, and the cost per lot for irrigation systems in those
subdivisions built in the last two (2) years as noted above, and the expected market value
of the subdivision lots. For phased developments, costs will be analyzed over all phases of
the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered
professional engineer, stating the location and availability of surface irrigation water and
documenting the basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company stating that water
rights and/or a delivery system are not available to the property.
Page 12 of 25
K:\Planning Dept\Eagle Applications \SUBS\20ITKestrel Commons Sub ccf.docx
D. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and fmal plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and fmal plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
o The applicant is proposing to align the property boundaries between Lot 1, Block 1, and Lot 2,
Block 1, to coincide with the south -facing wall of the building and the dividing wall between
the commercial and residential portions of the building. The fmal location of the building could
potentially be modified through the site design analysis that is typically a component of the
design review process. While the site design will be more thoroughly vetted in that process,
staff recognizes the need to preliminarily assess the layout of the site as a portion of the platting
process. To avoid having to make modifications to the plat due to potential changes to the
building layout/location following a review by the Design Review Board, the Commission and
Council may require changes to the building layout/location at this time if it is deemed
necessary to ensure compliance with Eagle City Code and the comprehensive plan.
• The preliminary plat, date stamped by the city on April 6, 2017, shows the existing five-foot
(5') wide sidewalk located within the right-of-way adjacent to the site. No additional sidewalk
improvements are shown. Eagle City Code Section 8 -2A -6(G)(13) requires sidewalks within
the Transitional Development Area (TDA) to be a minimum of ten -feet (10') wide or a
minimum of eight -feet (8') wide with a ten -foot (10') wide landscape strip between the sidewalk
and curb. The applicant should be required to provide a revised preliminary plat showing a ten -
foot (10') wide (minimum) sidewalk or an eight -foot (8') wide (minimum) sidewalk with a ten -
foot (10') wide (minimum) landscape strip prior to the submittal of a design review application.
The design and appearance of the sidewalk should be reviewed as a part of the design review
application for the site.
• The preliminary plat, date stamped by the city on April 6, 2017, shows the commercial portion
of the proposed building located on Lot 1, Block 1, and the residential portion of the proposed
building and the parking area located on Lot 2, Block 1. Nine (9) parking spaces are required
for the commercial use. Joint parking is addressed in the CC&Rs for the subdivision, however
no joint parking agreement for the site has been submitted to date. The applicant should be
required to provide a copy of the joint parking agreement between Lot 1, Block 1, and Lot 2,
Block 1, of Kestrel Commons Subdivision which conforms to Eagle City Code Section 8-4-4-
3(A)(6). The joint parking agreement should be reviewed and approved by the City Attorney
prior to the submittal of a design review application. The joint parking agreement should be
recorded at the Ada County Recorder's Office prior to the City Clerk signing the final plat.
Page 13 of 25
K\Planning Dept\Eagle Applications \ SUBS \20I7\Kestrel Commons Sub ccfdocx
• The preliminary plat, date stamped by the city on April 6, 2017, shows a cross -access driveway
to the parcel to the north connecting to the adjoining parking lot in an area marked as a loading
zone for the trash enclosure. The applicant should be required to provide documentation from
Republic Services approving the design of the site prior to the submittal of a design review
application.
a The preliminary plat, date stamped by the city on April 6, 2017, shows a future cross -access
driveway to the parcel to the east. The access point is proposed to be located twenty -feet (20')
north of the property boundary, generally in alignment with the southern wall of the adjacent
house.
Legend
/ Commerc at
Dave Aisle
/ Futuro Drive Aisle
/ Landscaping
/ Parking Area
Resident
Figure l: Proposed Approximate Site Layout
The current location of the access point would reduce the width of the developable area on the
parcel to the east to approximately 40 -feet. For reference, the structure proposed to be located
within Kestrel Commons Subdivision is approximately 52 -feet wide. To avoid creating
unnecessary development constraints on the parcel to the east, the applicant should provide a
revised preliminary plat and final plat with the cross -access point to the parcel to the east
located adjacent to the landscape buffer along the southern boundary of the site. The revised
preliminary plat and final plat should be provided prior to the submittal of a design review
application for the site.
Page 14 of 25
K:\Planning Dept\Eagle Applications SUBS 2017 Kestrel Commons Sub ccf docx
Legend
/ Commercal
• DmeAisle
/ Future Drive /kale
/ Landscaping
> '
O Parking Area
Residential
Figure 2. Preferred Cross -Access Alignment
• The final plat, date stamped by the city on April 6, 2017, does not identify the location of the
cross -access easements shown on the preliminary plat. The applicant should provide a revised
final plat showing cross access easements to the parcels to the north and east prior to the City
Clerk signing the final plat.
• The preliminary plat, date stamped by the city on April 6, 2017, shows parking spaces which
are 17 -feet in depth. Eagle City Code Section 8-4-4-2(F) requires standard 90° parking spaces
to be 19 -feet in depth. The applicant is requesting a waiver from the parking space depth
requirement to align the cross -access driveway to the parcel to east as far south as possible
while still buffering the residential lots to the south with landscaping. Staff recommends
approval of the requested waiver from the required parking space depth.
• The preliminary plat, date stamped by the city on April 6, 2017, shows a three-foot (3') wide
landscape buffer located between the parking area and the south and east property boundaries.
Eagle City Code Section 8-2A-7(J)(2)(b) requires a five-foot (5') wide landscape buffer
between parking lots and residential activities. The applicant's narrative, date stamped by the
city on April 6, 2017, states, "We respectfully request to allow a reduction in the required
parking lot landscape buffer from five (5) feet to three (3) feet along the south and east
boundaries. This allows the project to provide better shared cross access to the northerly and
easterly properties as requested by City Planning Department staff."
Page 15 of 25
K:\Planning Dept \Eagle Applications \SUBS\20ITKestrel Commons Sub ccf.docx
A five-foot (5') wide public utilities, drainage, and irrigation (PUDI) easement currently exists
along the northern and southern property boundaries. The PUDI easements would preclude the
construction of structures, but landscaping and hard surfaces such as parking lots and drive
aisles are permitted to encroach. It is unlikely that large plants such as trees would be able to
survive within a three-foot (3') wide landscape buffer due to constraints on the root systems.
Eagle City Code Section 8-2A-7(J)(3)(a) requires landscaping within buffer areas to be a mix
of trees, shrubs, and ground cover. The applicant should be required to provide a revised
preliminary plat showing a five-foot (5') wide landscape buffer located adjacent to the southern
and eastern property boundaries. The revised preliminary plat shall be provided prior to the
submittal of a design review application for the site.
• The fmal plat, date stamped by the city on June 7, 2017, is titled "Kestrel Commons Subdivision
No. 1." As there are no additional phases proposed with this application, the applicant should
provide a revised fmal plat titled "Kestrel Commons Subdivision" prior to the City Clerk
signing the final plat.
• The applicant is requesting a waiver from the requirement to provide pressurized irrigation for
the site. The applicant has provided documentation indicating that the site does not have surface
water rights associated with it and that water is not being provided by New Dry Creek Ditch
Company (the irrigation purveyor responsible for providing surface water to the area). The
applicant is proposing to utilize domestic water for maintenance of the landscaping, parking
area, and exterior of the building. The applicant is suggesting that the water demanded for
landscaping will be relatively small because of the size of the landscaped areas and the plants
being utilized. The applicant should be required to utilize only plants classified by the United
States Department of Agriculture Natural Resources Conservation Service PLANTS Database
as distributed in Ada County, native to the contiguous United States, and highly drought
resistant. The specific landscape design should be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat. Staff recommends approval of the
waiver from the requirement to provide pressurized irrigation for the site as the applicant has
provided documentation that sufficient surface irrigation water rights do not exist for the site.
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) since multi -family dwellings may be permitted in the CBD (Central
Business District) zoning district with the approval of a conditional use permit, and
exceptions or waivers of zoning standards (reduction of landscape buffer and parking space
depth) may be permitted through the issuance of a conditional use permit, pursuant to Idaho
Code Section 67-6512(0;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there
are no inconsistencies with the Comprehensive Plan and since multi -family dwellings are
permitted with the approval of a conditional use permit within the CBD (Central Business
District) zoning district and the Comprehensive Plan designates the site as Downtown.
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the site design and
building architecture will be reviewed by the Eagle Design Review Board prior to approval;
Page 16 of 25
K\Planning Dept\Eagle Applications\SUBS\2017\Kestrel Commons Sub ccfdocx
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site
will have adequate shared parking through the use of a joint parking agreement and no
adverse impacts on surrounding properties from mulit-family dwellings are anticipated.
Additionally, the site will be designed in a way that will help to facilitate redevelopment
and improve future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services since the site has adequate access to utilities
and roadways, and will be served by Eagle Sewer District, Eagle Water Company, Eagle
Fire Department, and West Ada School District.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the
infrastructure is already in place to serve the proposed multi -family dwellings;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the site is served by an
existing public street (South Kestrel Place), and;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since there are no scenic or historic features of major importance on the
site other than significant existing trees. All trees are proposed to be retained or replaced.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested combined
preliminary/final plat and conditional use permit with conditions of approval as provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 19,
2017, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 3:09:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The difference between a three-foot and five-foot landscape buffer is negligible.
• The pressurized irrigation waiver should be accepted.
Page 17 of 25
K:\Planning Dept\Eagle Applications\ SUBS\201TKcstrel Commons Sub ccidocx
COMMISSION DECISION:
The Commission voted 3 to 0 (Guerber and Villegas absent) to recommend approval of PP/FP-02-17 &
CU -02-17 for a combined preliminary/fmal plat and conditional use permit for Kestrel Commons
Subdivision for David Callister with the site specific conditions of approval and standard conditions of
approval provided within their fmdings of fact and conclusions of law document, dated July 10, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 25, 2017, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the application was presented to the City Council
by one (1) individual who indicated the following concerns:
• The weeds on the current site need to be removed.
• The garbage enclosure was poorly located.
• The irrigation water main near the site has flooded in the past.
• The fence along the southern border should be an eight -foot privacy fence.
COUNCIL DECISION:
The Council voted 3 to 0 (Preston absent) to approve PP/FP-02-17 & CU -02-17 for a combined preliminary
plat/fmal plat and conditional use permit for Kestrel Commons Subdivision for David Callister with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit a design review application for site improvements prior to the City Clerk
signing the final plat. The applicant shall comply with all conditions of approval of the design review
application prior to the City Clerk signing the fmal plat.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
4. Provide a revised preliminary plat showing a ten -foot (10') wide (minimum) sidewalk or an eight -foot
(8') wide (minimum) sidewalk with a ten -foot (10') wide (minimum) landscape strip located adjacent
to South Kestrel Place prior to the submittal of a design review application for the site.
5. Provide a copy of the joint parking agreement between Lot 1, Block 1, and Lot 2, Block 1, of Kestrel
Commons Subdivision, which shall conform to Eagle City Code Section 8-4-4-3(A)(6). The joint
parking agreement shall be reviewed and approved by the City Attorney prior to the submittal of a
design review application for the site. The joint parking agreement shall be recorded at the Ada County
Recorder's Office and a copy of the recorded agreement shall be provided to the city prior to the City
Clerk signing the final plat.
Page 18 of 25
K\Planning Dept\Eagle Applications \SUBS\201 TKestrel Commons Sub ccf docx
6. Provide a recorded cross -access agreement between the Kestrel Commons Owner's Association and
the property owner to the north. The cross -access agreement shall be reviewed and approved by the
City Attorney prior to recordation and a copy of the recorded agreement shall be provided to the city
prior to the submittal of a design review application for the site.
7. Provide a revised preliminary plat and fmal plat with the cross -access point to the parcel to the east
located adjacent to the landscape buffer along the southern boundary of the site. The revised preliminary
plat and final plat shall be provided prior to the submittal of a design review application for the site.
8. Provide a revised fmal plat showing cross access easements to the parcels to the north and east prior to
the City Clerk signing the final plat.
9. Provide documentation from Republic Services approving the design of the site prior to the submittal
of a design review application for the site.
10. Provide a revised fmal plat titled "Kestrel Commons Subdivision" prior to the City Clerk signing the
final plat.
11. All on-site parking spaces shall be a minimum of 17 -feet in depth.
12. All uses shown as "P" shall be permitted under the CBD zoning designation within the Eagle City Code
Section 8-2-3 shall be considered permitted uses and all uses shown as "C" conditional uses under the
CBD zoning designation shall require a conditional use permit, with the exception of "Multi -family
dwelling." Any change of use for the site shall require design review approval.
13. All plants utilized in any landscape area on site shall be classified by the United States Department of
Agriculture Natural Resources Conservation Service PLANTS Database as distributed in Ada County,
native to the contiguous United States, and highly drought resistant.
14. The requested pressurized irrigation waiver is approved.
15. Two (2) street lights adiacent to South Kestrel Place shall be constructed prior to the issuance a
certificate of occupancy. The specific location and style of the street lights shall be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the fmal plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the fmal plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the fmal plat.
Page 19 of 25
K:\Planning Dept\Eagle Applications\SUBS\2017\Kestrel Commons Sub ccf.docx
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the fmal plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the fmal plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the fmal plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the fmal plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
Page 20 of 25
KAPlanning Dept\Eagle Applications\SUBS \201TKestrel Commons Sub ccfdocx
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the fmal plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Star Fire Protection District shall be submitted to the City prior to the
City Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Star Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the fmal plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
Development Commission prior to approval of the final plat by the City Council.
Page 21 of 25
K:\Planning Dept\Eagle Applications\SUBS\201 TKestrel Commons Sub ccf.docx
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
Parks and Pathways Development Commission and shall be shown on the fmal plat prior to
approval of the final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the fmal plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the fmal
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the fmal plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
Page 22 of 25
K:\Plenning Dept Eagle Applications \SUBS\20lTKestrel Commons Sub cc£docx
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the fmal plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed combined
preliminary/final plat (PP/FP-02-17) and based upon the information provided concludes that the
proposed combined preliminary plat/final plat application is in accordance with the City of Eagle Title
9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the
findings provided within this document and the proposed use is in accordance with the Downtown
land use designation of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification of the affected agencies, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth within
the conditions of approval herein.
2. The Council reviewed the particular facts and circumstances of this proposed combined preliminary/fmal
plat (PP/FP-02-17) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to
combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a floodplain,
hillside development or the like.
Page 23 of 25
K:\Planning Dept\Eagle Applications\ SUBS\201 TKestrel Commons Sub ccf docx
4. All required information for both preliminary and final plat is complete and in an acceptable form;
and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the
Zoning Title of the City.
3. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -02-
17) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since multi -family dwellings may be permitted in the CBD (Central Business District)
zoning district with the approval of a conditional use permit, and exceptions or waivers of zoning
standards (reduction of landscape buffer and parking space depth) may be permitted through the
issuance of a conditional use permit, pursuant to Idaho Code Section 67-6512(0;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since multi -family dwellings are permitted with
the approval of a conditional use permit within the CBD (Central Business District) zoning district
and the Comprehensive Plan designates the site as Downtown.
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since the site design and building architecture will
be reviewed by the Eagle Design Review Board prior to approval;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site will have
adequate shared parking through the use of a joint parking agreement and no adverse impacts on
surrounding properties from mulit-family dwellings are anticipated. Additionally, the site will be
designed in a way that will help to facilitate redevelopment and improve future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services since the site has adequate access to utilities and roadways, and will be served
by Eagle Sewer District, Eagle Water Company, Eagle Fire Department, and West Ada School
District.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the infrastructure is
already in place to serve the proposed multi -family dwellings;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the site is served by an existing public street
(South Kestrel Place), and;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site other than
significant existing trees. All trees are proposed to be retained or replaced (subject to review and
approval by the design review board).
Page 24 of 25
K\Plaming Dept\Eegle Applications \SUBS\201 TKestrel Commons Sub ccidocx
DATED this 8th day of August, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
St'ridgeway, Mayor
ATTEST:
�.••� pF E 4 ,,,,
Sharon K. Bergmann, Eagle ty Clerk * :
SEAL.
'• ,p ••�: r*tposnn°. 4►9 j
•,,��,,gTEIOF•XVI
Page 25 of 25
IC \Planning Dept\Eagle Applications4SUBS1201 TKestrel Commons Sub ccf docx