Findings - PZ - 2022 - RZ-16-21 & PP-16-21 - Cadenza Court Subdivision - Cadenza Court Subdivision Rezone With Da And Preliminary Plat BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM R-4 [RESIDENTIAL] )
TO R-6-DA [RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT IN LIEU )
OF A PUD] AND PRELIMINARY PLAT )
FOR CADENZA COURT SUBDIVISION FOR )
MIKE GROFF/MJV PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-16-21 &PP-16-21
The above-entitled rezone with a development agreement, and preliminary plat applications came before
the Eagle Planning and Zoning Commission for their recommendation on March 7, 2022, at which time
public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning
Commission, 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:
MJV Properties, LLC —Mike Groff, represented by Jay Gibbons with South, Beck, and Baird, is
requesting a rezone from R-4 (Residential) to R-6-DA (Residential with a development
agreement [in lieu of a PUD])and preliminary plat approval for Cadenza Court Subdivision, a 14-
lot(8-buildable, 5-common, 1-private street) residential subdivision. The 1.38-acre site is located
on the east side of South Parkinson Street approximately 35-feet south of the intersection of
South Parkinson Street and East Syringa Street at 540 South Parkinson Street.
A. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Thursday,May 13,2021, 543 North Parkinson
Street, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on September 30, 2021. A revised
preliminary plat was submitted to the City December 27, 2021. A second revised preliminary plat
was submitted to the City on January 31,2022.
B. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 13, 2021, in accordance with the
requirements of the Eagle City Code. 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 February 17, 2022. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on February 15, 2022. The site was posted in accordance
with the Eagle City Code on February 25,2022.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
D. COMPANION APPLICATIONS: All applications are inclusive herein.
Page 1 of 23
K:\Flanning Dept\Eagle Applications\SUBS\2021Tadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter, date stamped by the City on September 30, 2021, provided by the
applicant's representative(attached to the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter, date stamped by the City on September 30, 2021, provided by the
applicant's representative(attached to the staff report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Single-Family Dwellings
and Accessory Structures
Proposed No Change R-6-DA(Residential with a Single-Family Residential
development agreement [in Subdivision
lieu of a PUD])
North of site Residential Single-Family Residential
Compact Residential R-4(Residential) (Randall Acres Subdivision
No. 15)
South of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
East of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
West of site Compact Residential R-4(Residential) Single-Family Residential
(Randall Acres Subdivision
No. 15)
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
J. SITE DATA:
Total Acreage of Site— 1.38-acres
Total Number of Lots— 14
Residential—8
Commercial—0
Industrial—0
Common—6(inclusive of one [I] private street lot)
Total Number of Units—8
Single-family—8
Duplex—0
Page 2 of 23
K:Tlanning Dept\Eagle Applications\SUBS\2021\Cadenza Court SuMorking Files\Cadenza Court Sub pzf.doc
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.84-units per acre 5.84-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 5,003-square feet 5,000-square feet
Minimum Lot Width 51-feet 50-feet
Minimum Lot Frontage 0-feet* 35-feet(minimum)
Total Acreage of Common Area 13,885-square feet(.318-acres)** 12,022-square feet(.28-acres)
(minimum)
Percent of Site as Common Area 23%(15.2% of the common area 20%(minimum)
is proposed as active open
space)**
* Lots 5 and 7, Block 1, has access to the private street via the adjacent common lots. As
designed,the configuration is in conformance with Eagle City Code Section 9-3-2-1(J).
** Not inclusive of the area associated with the private street.
K. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 13,885-square feet(not inclusive of the area associated with the private street) of open
space is proposed. The preliminary plat, date stamped by the City on January 31, 2022, shows
two (2) open space common lots located along South Parkinson Street and three (3) open space
common lots are located at the terminus of the private street. Lot 7, Block 1, located at the
terminus of the private street is shown to contain a pathway and gazebo for active open space. Lot
7,Block 1, contains 2,123-square feet— 15.2%of the open space common area. The private street
common lot contains the planter strip and detached sidewalk located on the south side of the
street. Lots 5 and 9, Block 1, are proposed to provide emergency access easement for turning
vehicles around, guest parking, and green space.
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:
The preliminary plat, date stamped by the City on January 31, 2022, identifies the easements to
be in conformance with Eagle City Code Section 9-3-6. The preliminary plat shows the two (2)
existing lots are served by overhead power.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
Page 3 of 23
K:Tlanning Dept\Eagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
On-site Septic System(yes or no)—No.
Pressurized Irrigation:
The applicant has submitted a Revised Waiver of Pressure Irrigation Requirement request, date
stamped by the City on December 27, 2021,requesting a waiver since the property has no right or
access to irrigation water from the New Dry Creek Ditch Company.
Preservation of Existing Natural Features:
The site contains mature trees located along South Parkinson Street and near the existing
accessory structure located in proximity to the southeast corner of the property. The trees will
need to be retained(or mitigated if approved for removal).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
L. STREET DESIGN:
Public Streets:
The applicant is not proposing any new public streets within the development. The applicant will
be required to comply with the ACHD approval, date stamped by the City on December 20, 2021,
associated with the private street access.
Private Streets:
See "Typical 42-Foot Cross-Section-East Syringa Lane-Facing East' identified on the
preliminary plat, date stamped by the City on January 31,2022.
Blocks Less Than 500': None.
Cul-de-sac Design:
The applicant is proposing a hammer-head turnaround,which will be contained within Lots 5 and
9,Block 1.
Sidewalks:
The typical street section shown on the preliminary plat, date stamped by the City on January 31,
2022, shows the private street will have a 5-foot-wide detached sidewalk separated from the street
by an 8-foot-wide planter strip on the south side of the street. The typical street section for South
Parkinson Street shows a 5-foot-wide detached sidewalk separated from the street by an 8-foot-
wide planter strip. The sidewalk continues through Lot 7, Block 1 (common area) to provide
access to a gazebo.
Curbs and Gutters:
Vertical curbs and gutters which meet Ada County Highway District standards are proposed for
the interior private street.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat.
Page 4 of 23
KAPlanning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Worldng Files\Cadenza Court Sub pzf.doc
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
See"L" Sidewalks.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will receive potable water from Suez Water Company of Idaho. The site receives
central sewer service from Eagle Sewer District. The property will receive fire protection from
the Eagle Fire Department and police protection from the Eagle Police Department.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees — Yes — Located along South Parkinson Street and near the existing accessory
structure located in proximity to the southeast corner of the property.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—Yes—Within the existing trees located within the site
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
S. AGENCY RESPONSES:
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 January 20, 2022, are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent: Email dated October 18, 2021(attached to the staff
report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Marathon Pipe Line,LLC
Page 5 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf doc
West Ada School District
T. LETTERS FROM THE PUBLIC:None received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the
following:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and parcel division applications
submitted after the effective date hereof in all districts exceeding one dwelling unit per two
(2) acres (R-E). Whenever there is a conflict or difference between the provisions of this
section and those of other chapters and/or other titles, the chapter or title with the more
restrictive provision shall prevail.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
i F_ Lot (Acres Or JWidth
Zoning Maximum F Interior Street Covered F Square
District Height Front Rear ; Side Side And J* Feet)H*R-6 35' 20' 20' ! 7.5' 20' F60% 15, 000
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Defmitions:
Open Space: A common area platted as a separate lot (except for the portion of the 8 foot
wide landscape strip located adjacent to and within the public right of way of a local street)
substantially open to the sky, exclusive of streets, commercial and residential buildings, and
shall be designated and intended as a usable and convenient amenity for the residences of any
proposed development.
Open Space, Passive: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this code (including the sidewalk within the
Page 6 of 23
KAPlanning DeptTagle Applications\SUBS\202 I\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and
water bodies,excluding active open space areas.
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of the
street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of the
street. The following exceptions may be considered by the council:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
J. Driveways: Driveways which provide access to no more than two(2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street
frontage required in section 8-2-4 of this code.
• Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to
the following:
A. Compliance: The council must find that any proposed private streets or private alleys are
in compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets and or private alleys will serve to enhance the overall
development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, do not
connect one public street to another, thereby encouraging travel through the
development served by the private street; provided, however, that in order to provide
secondary access, a private street may have more than one connection to a public
street and/or may be connected to more than one public street if access thereto is
controlled by automatic gates or other control devices approved by the council.
7. The use or alignment of the private streets or alleys do not interfere with the
continuity of public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
Page 7 of 23
K:\Flanning Dept\Eagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
9. Private streets and private alleys are only permitted within a planned unit
development and are limited to providing access to no more than ten percent(10%)
of the lots,except that private streets and private alleys may serve all single family
attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada
County highway district's structural standards for streets and alleys including base
course and asphaltic concrete mat thickness utilizing the appropriate traffic index or
as may be recommended by the city engineer and approved by the city council, and
shall further be in accordance with Ada County highway district's intersection design
and drainage requirements, or as may be recommended by the city engineer and
approved by the city council.
2. Except as may be otherwise set forth in this section, private streets and private alleys
shall meet such design and dimensional requirements as the council may determine
are appropriate considering the proposed use and the site upon which the private
streets are to be placed, however, all private streets shall contain paved travel lanes a
minimum of twelve feet (12) in width and private alleys shall contain paved travel
lanes a minimum of ten feet(10) in width and shall provide for the safe, convenient,
and effective movement of both vehicular and pedestrian traffic for private streets
and vehicle traffic for private alleys. Vertical curbing shall be provided for private
streets that are less than thirty-four feet (34') in total width. Alleys must utilize other
curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-617 of this title.
However, alternative sidewalk and landscape strip designs may be approved by the
City Council based upon a finding made by the Council that characteristics and
qualities of the development justify the alternate design. Sidewalks and planter
strips, as referenced within subsection 9-4-1-617 of this title, shall not be required
along alleys.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer, by a qualified
inspector in order to ensure compliance with the construction and design standards
set forth in this section, the construction drawings as prepared by the registered
professional engineer, and good engineering and construction practices. Reports of
such inspections and tests shall be submitted, together with a certification of such
compliance,for the review and approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
engineer and provided further that proper maintenance of the island is provided
for;
Page 8 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no
turn-around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of
preparation of the design. Construction drawings,together with a certification of such
conformity, shall be submitted for the review and approval by the city engineer. No
part of this section shall be construed as allowing a private street that is not in
conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
private alley and drainage facilities for the period of the expected lifetime thereof and
a cost estimate therefor prepared by a licensed professional engineer in the state,
together with a proposed method for funding the same, including, but not limited to,
the creation and maintenance of a reserve fund for that purpose, shall be submitted
with the final plat application for review and approval by the city engineer and city
council.
2. The location of private streets and private alleys shall be clearly depicted on the face
of the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the
described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or
private alleys cannot be modified and the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city.
3. A restrictive covenant for repair and maintenance of the private streets or private
alleys shall be recorded at the time of recording the plat which said covenant shall
create a homeowners'/property owners'association or substantially similar entity and
make provision for the perpetual maintenance of the private streets or private alleys
in accordance with the approved plan as provided for in subsection C 1 of this section.
Said restrictive covenant shall also provide that the said covenant shall run with the
land and that the said covenant cannot be modified and that the
homeowners'/property owners'association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
Page 9 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
approved by the city attorney prior to certification and signing of the final plat by the
city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys
approved in accordance with the provisions of this section to undertake such repair
and maintenance activities as it may determine is necessary to protect the public
health, safety, or welfare and make such expenditures from the funds reserved
therefor as may be required thereby; and the owner or responsible entity shall, as a
condition of approval of any such private street, be deemed to have agreed to comply
with any such order and to reimburse the city all of its costs, including attorney fees,
incurred in obtaining or enforcing any such order. Any order entered by the council
pursuant to this subsection may be enforced by a court of competent jurisdiction and
the city shall be entitled to recover its costs and attorney fees incurred in connection
therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development; provided, however, that any such waiver shall not be injurious to
public health or safety.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Easement width shall be ten(10') feet along rear and front lot lines and five
feet along each side lot line, except that lesser easement widths, to coincide with
respective setbacks,may be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council, except
that lesser easement widths, to coincide with respective setbacks, may be considered as
part of a planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to
this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), and the street is
designated a local street, sidewalks on only one side of the street may be allowed.
Page 10 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
This sidewalk exception shall not be permitted on collectors, arterials, or section line
streets.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
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.
D. DISCUSSION(based on the preliminary plat, date stamped by the City on January 31, 2022):
• The applicant is proposing a private street (East Syringa Lane [Private]) to provide access to
all of the single-family residential lots. Eagle City Code Section 9-3-2-5 indicates that private
streets may be permitted at the discretion of the City Council based on specific criteria.
Pursuant to Eagle City Code Section 9-3-2-5(A)(9) states, private streets and private alleys
are only permitted within a planned unit development and are limited to providing access to
no more than ten percent (10%) of the lots, except that private streets and private alleys may
serve all single-family attached dwelling lots. The typical street section shows a detached
sidewalk located on only one (1) side of the street. Pursuant to Eagle City Code Section 9-3-
2-5(B)(3), sidewalks shall be required in accordance with subsection 9-4-1-6(F) of this title.
However, alternative sidewalk and landscape strip designs may be approved by the City
Council based upon a finding made by the Council that characteristics and qualities of the
development justify the alternate design. Eagle City Code Section 9-4-1-6(F)(1) requires that
sidewalks be located on both sides of the street. Eagle City Code Section 9-3-2-5(E) allows
the City Council to waive or modify any of the standards or requirements when the private
street is determined to be an integral element of the overall plan and scheme of the
development. Staff will defer to the Council regarding the allowance of a private street to
serve all the residential lots and the allowance of a detached sidewalk on only one (1) side of
the street.
• The common lots located within the development contain approximately 13,885-square feet
(not inclusive of the private street area) which is 23% of the site. The applicant is proposing
the development as a planned unit development which requires a minimum of 20% open
space which is 12,022-square feet of common area based on the area of the property. Lots 5
and 9, Block 1, contain a fire department required emergency access turnaround easement
which will be paved similar to the proposed private street. Eagle City Code Section 9-1-6
defines open space as a common area platted as a separate lot(except for the portion of the 8-
foot-wide landscape strip located adjacent to and within the public right of way of a local
street) substantially open to the sky, exclusive of streets, commercial and residential
buildings, and shall be designated and intended as a usable and convenient amenity for the
residences of any proposed development. Although the emergency access turnaround area is
not a street, the area will function as a street to allow vehicles to turnaround. The applicant
Page 11 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
should be required to provide a revised preliminary plat showing a minimum 20%open space
(not inclusive of the private street or emergency access turnaround area. The revised
preliminary plat should be provided prior to submittal of a design review application.
• The preliminary plat delineates the building setback lines within the residential lots. Pursuant
to Eagle City Code Section 8-2-4,the setbacks associated with the R-6 (Residential) zone are
as follows:
Front 20-feet
Rear 20-feet
Side 7.5-feet(additional 5-feet/story for multi-story structures)
The building setback lines delineated on Lots 6 and 8, Block 1, show three (3) sides of the lot
with a 7.5-foot setback and what appears to be the rear of the lot with a with a 20-foot
setback. The applicant should be required to provide a revised preliminary plat showing the
building setback lines associated with Lots 6 and 8, Block 1, in conformance with Eagle City
Code Section 8-2-4. The revised preliminary plat should be provided prior to submittal of a
final plat application.
• The applicant is requesting a R-6-DA(Residential with a development agreement [in lieu of a
PUD]) zoning designation. The required front setback within the R-6 (Residential) zoning
designation is 20-feet. The typical street section shown within the preliminary plat shows the
proposed 5-foot-wide detached sidewalk abutting the front property line of residential lots.
Pursuant to Eagle City Code Section 8-2-4(G) all front load garages are required to be set
back a minimum of 25 feet from the back of the sidewalk. The preliminary plat delineates
building envelopes which show the front setback line to be 20-feet behind the back of
sidewalk. It is staff s opinion to address the spacing between the front of the garage and the
back of sidewalk the front setback should be modified as follows:
Front: 20-feet
25-feet(front-load garage)
Rear: 20-feet
Side: 7.5-feet(first story) 5-feet(each additional story) (Lots 6 and 8, Block 1,
the garage opening shall be 25-feet from the property line)
Street Side: 20-feet
Maximum Lot Coverage: 50%
* A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a
5-foot reduction in the minimum required front yard setback provided that the distance is no
less than 20 feet from the property line.
• The applicant's engineer has provided a Revised Waiver of Pressure Irrigation Requirement
correspondence, date stamped by the City on December 27, 2021, which indicates there are
no water rights available for the subdivision and therefore cannot serve the subdivision with
pressurized irrigation. The narrative further states, that based on there being no water shares
available for the property they are requesting a waiver from the City's requirement to provide
a pressure irrigation system to serve the subdivision. Therefore, all of the lots within the
subdivision will be irrigated from the domestic water system. Kari Rosti, with New Dry
Creek Ditch Company,provided correspondence, date stamped by the City on April 28, 2021,
which indicated that the properties do not have water rights within the New Dry Creek Ditch
Company. Based upon the limitations expressed by the New Union Ditch Company, staff
recommends affirming that sufficient information exists to meet the conditions of a waiver
Page 12 of 23
K:TImning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
request based on Eagle City Code Section 9-4-1-9 (C)(2)(b). A pressurized irrigation waiver
request may be granted since the irrigation purveyor cannot deliver surface water to the site.
• The preliminary plat shows Lots 4 and 6, Block 1,taking access through common area Lot 5,
Block 1, and Lots 8 and 10, Block 1,taking access through common area Lot 9,Block 1. The
notes contained within the preliminary plat do not address ingress/egress access easements
within the common lots to provide access to the residential lots. Also, the applicant has
calculated the common lots into the required open space. Pursuant to Eagle City Code Section
9-1-6, "Open Space" is defined as a common area platted as a separate lot (except for the
portion of the 8 foot wide landscape strip located adjacent to and within the public right of
way of a local street) substantially open to the sky, exclusive of streets, commercial and
residential buildings, and shall be designated and intended as a usable and convenient
amenity for the residences of any proposed development. As proposed, the common lots
(Lots 5 and 9, Block 1) are being utilized as an emergency access turnaround and driveway
access to the adjacent residential lots, which is not in conformance with the definition of open
space regarding being designated and intended as a usable and convenient amenity for the
residents. The applicant should be required to provide a revised preliminary plat with a new
plat note which states, "Lots 5 and 9, Block 1 are common lots which shall have a perpetual
easement for the right of ingress/egress for Lots 6 and 8, Block 1 respectively. The easement
runs with the land. A restrictive covenant for maintenance of the common lot cannot be
modified without the express written consent of the City. The revised preliminary plat should
be provided prior to submittal of a final plat application. The revised preliminary plat should
show Lots 4 and 10, Block 1, with direct access to East Syringa Lane (Private). The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Note #2 of the preliminary plat states, "Potable water is to be provided by Eagle Water."The
property is currently located within the Suez Water of Idaho company's certificated service
area. The applicant should be required to provide a revised preliminary plat with plat note#2
revised to state, "Potable water is to be provided by Suez Water of Idaho." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Note #11 of the preliminary plat states, "Lots 1, 5, 7, 9, 13, and 14, Block Tare common lots
to be owned and maintained by the HOA for Cadenza Court Subdivision. Said lots are subject
to a blanket and permanent public utility and property drainage easement." Note #13 of the
preliminary plat states, "Public utilities are to be provided from the public utility providers
from joint trench adjacent to the public roads." Specific design criteria will be met during the
construction approval phase of this development."Note #13 is an informational note and not
a note which is typically required upon a plat. Also,the preliminary plat does not address the
required public utility and drainage easements located within the lots.
The applicant should be required to provide a revised preliminary plat with plat note #13
revised to state, "All lots are hereby designated as having a permanent easement for public
utilities and lot drainage as delineated on final plat. The easement shall not preclude the
construction of hard-surface driveways, walkways, landscape, parking, fencing or other non-
permanent structures. The revised preliminary plat should be provided prior to submittal of a
final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on March
7, 2022, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
Page 13 of 23
KAPlanning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Working Piles\Caderm Court Sub pzf doc
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by one (1) individual who inquired if the applicant had completed a survey
of the property to determine the location of the property lines. The individual also inquired if the new
residents of the development would be accepting of farm animals since he has animals located within
the adjacent property north of the proposed subdivision. The individual asked whether the homes
would be single or two-story and if a privacy fence would be constructed adjacent to the north
property line.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during the deliberation that:
• The applicant should be required to add some recreational amenities to the emergency access
turnaround easement area allowing the area to be considered as open space.
• The applicant should be required to add a new plat note regarding the Idaho Right to Farm Act since
the neighbor to the north has livestock on his property.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (IN LIEU OF A PUD):
The Commission voted 4 to 0 (Wright absent)to recommend approval of RZ-16-21 for a rezone from R-4
(Residential) to R-6-DA (Residential with a development agreement [in lieu of a PUD]) with the
following staff recommended conditions to be placed within a development agreement:
3.1 The maximum density for the Property shall be 5.84 dwelling units per acre(8-single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C), the City understands and agrees that certain changes in that concept
may occur. If the City determines, in its sole discretion, that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may
be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, parking areas, private street, and
amenities. The owner shall provide an operation and maintenance manual including the
funding mechanism as an addendum to the CC&Rs and the repair and maintenance
requirement shall run with the land and that the requirement cannot be modified ant that the
homeowners association or other entity cannot be dissolved without the express consent of
the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
Page 14 of 23
KAPlanning DeptTagle Applications\SUBS\2021Tadenn Court Sub\Working Files\Cadenza Court Sub pzf.doc
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
(d) Similar residential home exterior elevations shall not be used twice within a five (5) home
radius of each other.
3.4 Owner shall be required to construct the residential homes to be similar in architecture as shown in
Exhibit E.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential use.
3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the common areas throughout the development, 3) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) proposed useable
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all
proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The design
review application shall be reviewed and approved by the Eagle Design Review Board and City
Council prior to the submittal of a final plat application.
3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-16-21 for a preliminary plat
for Cadenza Court Subdivision (Exhibit "A") with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-16-21.
2. Comply with all requirements of the City Engineer.
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 minimum 20% open space (not inclusive of the
private street or emergency access turnaround area. The revised preliminary plat shall be provided
prior to submittal of a design review application
Page 15 of 23
KAPlanning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
5. Remove the three(3)existing buildings(as shown on the preliminary plat)prior to the City Clerk
signing the final plat.
6. The setbacks shall be as follows:
Front: 20-feet
25-feet(front-load garage)
Rear: 20-feet
Side: 7.5-feet (first story) 5-feet (each additional story) (Lots 6 and 8, Block 1, the
garage opening shall be 25-feet from the property line)
Street Side: 20-feet
Maximum Lot Coverage: 50%
* A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5-
foot reduction in the minimum required front yard setback provided that the distance is no
less than 20 feet from the property line.
7. Provide a revised preliminary plat showing the building setback lines associated with Lots 6 and
8, Block 1, in conformance with Eagle City Code Section 8-2-4. The revised preliminary plat
shall be provided prior to submittal of a final plat application
8. Provide a revised preliminary plat with a new plat note which states, "Lots 5 and 9, Block 1, are
common lots which shall have a perpetual easement for the right of ingress/egress for Lots 6 and
8, Block 1, respectively. The easement runs with the land. A restrictive covenant for maintenance
of the common lot cannot be modified without the express written consent of the City." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
9. Provide a revised preliminary plat which shows Lots 4 and 10, Block 1, with direct access to East
Syringa Lane(Private). The revised preliminary plat shall be provided prior to submittal of a final
plat application.
10. Provide a revised preliminary plat with plat note #13 revised to state, "All lots are hereby
designated as having a permanent easement for public utilities and lot drainage as delineated on
final plat. The easement shall not preclude the construction of hard-surface driveways, walkways,
landscape,parking, fencing or other non-permanent structures."The revised preliminary plat shall
be provided prior to submittal of a final plat application.
11. Provide a revised preliminary plat with a new plat note which states, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement (Instrument No. ) and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
12. Provide a revised preliminary plat with a new plat note which states, "This development is subject
to Covenants, Conditions, Restrictions, and Easements (Instrument No. . The restrictive
covenants for maintenance of the common areas and private street cannot be modified and the
Homeowner's Association cannot be dissolved without the express consent of the City of Eagle."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
13. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject
to the terms of ACHD License Agreement Instrument No. ." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
14. Provide a revised preliminary plat with a new plat note which states, "Lots shall not be reduced in
size without prior approval from the health authority." The revised preliminary plat shall be
provided prior to submittal of a final plat application.
Page 16 of 23
KAPlanning Dept\Eagle App1ications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
15. Provide a revised preliminary plat showing the locations of the shallow swales for storm water
disposal. The revised preliminary plat shall be provided prior to submittal of a design review
application.
16. All living trees shall be preserved, unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas or
private lots (unless approved for removal by the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be
installed (pursuant to the Design Review Board's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site.
17. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-
foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall
be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150%of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
18. To accommodate the future installation of municipal fiber-optic cable, the applicant shall be
required to install two (2) one and one quarter inch (1 1/d') diameter fiber-optic conduit lines
along all public and private streets. Upon completion of the installation, the applicant shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and dedicated to the City
prior to the City Clerk signing the final plat.
19. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
20. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
21. The Cadenza Court Subdivision shall remain under the control of one Homeowners Association.
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain all common landscape areas in the subdivision are maintained in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in
perpetuity.
23. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot
deliver surface water to the site.
24. Provide a revised preliminary plat with a new plat note which states "This development
recognizes 22-4503 of the Idaho Code Right to Farm Act which states: "No agricultural
operation agricultural facility or expansion thereof shall be or become a nuisance, private or
public by any changed conditions in or about the surrounding nonagricultural activities after it
has been in operation for more than one (1) year, when the operation facility or expansion was
not a nuisance at the time it began or was constructed. The provisions of this section shall not
Page 17 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadertm Court Sub pzf.doc
amply when a nuisance results from the improper or neglijzent operation of an agricultural
operation, agricultural facility or expansion thereof."" The revised preliminM plat shall be
provided prior to submittal of a final plat application.
25. The applicant shall be required to provide recreational amenities (i.e., basketball hoops,
hopscotch court four-square court etc.) located within Lots 5 and 9, Block 1, (emergency access
turnaround easement). The proposed recreation amenities shall be reviewed and approved by the
Design Review Board. The recreational amenities shall be installed and/or completed prior to the
City Clerk signing the final plat.
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 final 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 final 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 final plat.
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 final 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 final
plat. A copy of the construction drawing(s)shall be submitted with the letter.
Page 18 of 23
KAPlanning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
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 final 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. 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.
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 final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. 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.
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 Eagle Fire Department 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 Eagle 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 final 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.
Page 19 of 23
KAPlanning Dept\Bagle Applications\SUBS\202 I\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf doc
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, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways, and Recreation Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final 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 final 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 final
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.
Page 20 of 23
KAPlanning DeptTagle ApplicationsNSUBS\2021Tadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
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 final 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 final 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.
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 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.
34. Place a note on the final 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.
35. 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 Commission reviewed the particular facts and circumstances of this proposed rezone with
development agreement (in lieu of a PUD) (RZ-16-21) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided concludes that
the proposed rezone with development agreement is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-6-DA (Residential with a development agreement) is
consistent with the Compact Residential designation as shown on the Comprehensive Plan Land
Use Map;
Page 21 of 23
KAPlanning DeptTagle App1ications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzr.doc
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential)zone and land use to the north since that area may
be developed with lots of similar size;
d. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential) zone and land use to the south since that area
may be developed with lots of similar size;
e. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-4 (Residential) zone and land use to the east since that area is
developed with lots of similar size;
£ The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD] ) zoning
district is compatible with the R-4 (Residential) zone and land use to the west since that area has
been approved for the same zoning designation and will be developed with lots of similar size;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No nonconforming uses are expected to be created with this rezone based on the conditions
contained herein.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-16-21) and based upon the information provided concludes that the proposed preliminary 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 residential use is in
accordance with the residential 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 and additional written comments of the Ada County
Highway District, Central District Health Department, Eagle Fire Department, and West Ada
School District as conditioned herein, there is adequate public financial capability to support the
proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
Page 22 of 23
KAPlanning DeptTagle Applications\SUBS\2021\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf doc
DATED this 21 st day of March,2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
dQI 4
4ES •.• 01�.....• O
� ]\ � � T • ?i� ;,cif� <I i
• VVV S •
born, Eagle City Clerk •
,,,°,,•do A 3,
Page 23 of 23
KAPlanning Dept\Eagle Applications\SUBS\202 I\Cadenza Court Sub\Working Files\Cadenza Court Sub pzf.doc
W 'nu
aiBO�Pa" "D e Exhibit "A" " ' C
V—
�aI`s�aaut�ug VVU °mN «
sw!s. .
oil !I--
ILL k
Log
LU
wnI g a �
.� I I R,
z _ R
wo
S
u. v�9
R m
------ --
------____ yh i '� rRRR�RRRR$7
I rols I
9
it F
�f -- �
Y ------------ I _ $ f
.g g I O� 7• I I—
• � I _ f1
I
.�« h 3 J�
e � s 9
- ------------ -, h 3 A -------------- \\ � a
I I
mne ,nos Ws« W,
u
— ---- --
NnW3tl 0l I W I n laY
3tl3M35
ONNSi%3 i A NMV38 Ol - \
W 30N1135�.� a \
tl3N35
l6016 jBnIB en ONLLSIX3 / N b
OV01Z yRL 91DON a n r •—
—u_ —
Sit
South Pazkw_son_Street _ ' ""--lcia.,
yya l
M R
W
I I I I I I III i
n04X go020 0
� i I R I j III s
=.„a<
V�U 'omdl'4aaN 1VI 3Y,A3 tl AIYJ'NYgIDI 35108 _ aM9MO
'LtY3 t 3ama'WaaN 1 dIBY�I YL Maaa39'tl31ll1iXI 153W11afW iitl5
SO4W'PI'aela0'PH-g*P 9 MGM r}'IM-CK a) `� i0.i�'',� 3w w ammo urawn N,a ens s9ur maaa °M""'" N
—.Id"v Aa&un5'e"'...s.a 341"oJ Y Maar3'n an•�i9us xasa9Sa wives ass u anma 4—�
a 9l l� pno�zntape�
.ouI S12aulsu3 Vlya
�l�aQ luawaseg mz'e n. N
Ae nro' �a 'n3a
mid.6emwgaid Sao!SuaS
c gg g
smavr aaas amww � �a ��
S L # I b a :
n 9 € P � H
Q tyS 2 3 qia Ix In P gp a9 Z 12115 g,
NOR
y _ t g 7
a
4 §
b
I --
i
.9
-- I
O 1.
I
i r
I
9i46�
South Parkinson Street
- - ---�
7
pO9®OO
I l i I it a
y :, x" ` ..i •,,, k�.�� I C I I I I I I III I