Findings - CC - 2023 - DR-75-22 - Design Review For The Common Area Landscaping Within Benari Estates Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN BENARI ESTATES )
SUBDIVISION FOR EAGLE 1 LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-75-22
The above-entitled design review application came before the Eagle City Council for their action on
February 14,2023. 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:
Eagle 1 LLC,represented by Laren Bailey, is requesting design review approval for the common area
landscaping within Benari Estates Subdivision.The 35.29-acre site is located at the northeast corner of
West State Street and North Ballantyne Lane at 1770 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 3, 2022. Revised information
(landscape plan)was received December 20,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 9, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 15, 2021, the City Council denied a rezone from A (Agricultural) to R-4-DA-P
(Residential with a development agreement—PUD), conditional use permit, preliminary development
plan, and preliminary plat for Benari Estates Subdivision (RZ-12-21/CU-07-21/PPUD-07-21/PP-14-
21).
On October 11, 2022, the Eagle City Council approved a rezone from A (Agricultural) to R-e-DA-P
(Residential with a development agreement—PUD), conditional use permit, preliminary development
plan, and preliminary plat for Benari Estates Subdivision, an 88-lot (77-buildable, 11-common)
residential planned unit development(RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22).
E. COMPANION APPLICATIONS: DR-76-22(subdivision signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-3-DA-P(Residential with a Single-family residence and
Residential development agreement—PUD) agriculture
Proposed No Change No Change Single-family Residential
Planned Unit Development
North of site Large Lot A-R(Agricultural-Residential) Single-Family Residential
Subdivision(Bakers Acres
Subdivision)
South of site Mixed Use R-9-DA(Residential with a Proposed single-family
development agreement[in lieu of attached subdivision
a PUD])and MU-DA(Mixed Use (Kingfisher Estates
with a development agreement[in Subdivision)and a single-
lieu of a conditional use permit]) family residence and
enclosed storage facility
East of site Neighborhood R-2 (Residential) Single-Family Residential
Residential Subdivision(Van Engelen
Estates Subdivision)
West o r site Neighborhood R-2-DA-P(Residential with a Single-Family Residential
Residential development agreement—PUD) Subdivision(Countryside
Estates Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk
adjacent to West State Street and has existing trees along the drainage ditch near the southeast corner
of the site.
J. SITE DATA:
Total Acreage of Site — 35.29 (34.8-acres developable due to North Ballantyne Lane right-of-way
dedication)
Total Number of Lots—88
Residential—77
Commercial—0
Industrial—0
Common— 11
Total Number of Units—77
Single-family—77
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.21-dwelling units per 2.21-dwelling units per acre(as
acre* limited within the development
agreement)
Minimum Lot Size 10,640-square feet 10,000-square feet
Minimum Lot Width 80-feet 70-feet
Minimum Street Frontage 35.67-feet 35-feet
Total Acreage of Common Area Open 7.18-acres 6.96-acres
Space
Percent of Site as Common Area 20.6% 20%
Open Space Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or more lots.
Percent of Common Area Open Space 20.5%(1.47-acres) 15%(minimum)(1.04-acres)
as Active Open Space
*Based on acreage excluding the area to be dedicated to ACHD for North Ballantyne Lane.
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The western property line is located adjacent to North Ballantyne Lane which is classified as a collector.
The southern property line is located adjacent to West State Street which is classified as a minor arterial.
The applicant is proposing a minimum 45.5-foot-wide buffer adjacent to North Ballantyne Lane (30-
foot minimum required) and a minimum 50-foot-wide buffer adjacent to West State Street. Also, the
applicant is proposing to landscape approximately.26-acres of area located withing the right-of-way at
the northeast corner of the intersection of West State Street and North Ballantyne Lane.
Open Space:
A total of 7.18-acres approximately 20.6%of open space is proposed within the residential subdivision.
Approximately 1.47-acres (20.5%) of the proposed open space is considered to be "Open Space,
Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the buffer areas
located adjacent to North Ballantyne Lane and West State Street, common lots located at the internal
street intersections, a central park area, and a dog park. There are two (2) common areas which will
contain pathways allowing residents to travel from east to west through the development. The central
park area will consist of a play structure,pathway,seating and large open lawn area for recreation.The
park areas will also consist of open view wrought iron fencing,and benches.
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
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lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Plat note#2 of the planned unit development plan, date stamped by the City on June 27, 2022, 2021,
indicates the public utilities, irrigation,and drainage(PUID)easements as follows:
• 12-feet wide adjacent to the subdivision boundary
• 23-feet wide adjacent to the public right-of-way(12-feet behind sidewalk)
• 6-feet wide adjacent to all interior side lot lines(12-feet total width)
• 6-feet adjacent to all interior rear lot lines(12-feet total width)
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
Most of the existing trees within the site are located within the buildable areas of five (5) residential
lots. The applicant will be required to mitigate for the trees proposed to be removed.
Preservation of Existing Historical Assets:
The site contains a historic gabled roof barn which has been on the property since the early 1900's.The
applicant is proposing to remove the barn.
L. BUILDING DESIGN FEATURES:
Pump House, 14' 4"tall
Roof: Asphalt Shingle(Black)
Walls: Cement Lap Siding(Gargoyle Gray), Cement Board Faux Shutters(Urbane Bronze)
Windows/Doors: Cement Board(Urbane Bronze)
Fascia/Trim: Cement Board(Urbane Bronze)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The arborist report, provided with the design
review application, shows 63 existing trees on the site as of March of 2021. Since then, the previous
landowner removed trees,sold trees through auction,and additional trees were removed with the demo
of the shop and barn.
At the time of the design review application there are 20 existing trees on the site. Over half of the
existing trees are located along the drainage ditch along West State Street that will be removed to tile
the ditch.Pursuant to the arborist report,the existing trees on the site are Willows,White Poplar,Black
Walnut,Western Red Cedar,Norway Spruce,Austrian Pine,and Ponderosa Pine.Below is a complete
list of the trees listed on the arborist report including their size,condition,and whether they are existing
(still remain on the site)or listed but removed prior to submittal of the design review application.
*Note:Lines shown italicized are trees that no longer exist on the site.
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Tree#(as Tree Specie Caliper/ Condition Remove/ Replacement
identified Height Retained Inches/Feet per
on the ECC
arborist
report
1 Willow clump 20"-30" Poor condition,will be Remove 30"
removed due to condition
and to pipe the ditch
2 Small volunteer Unknown Reject material,will be Remove 0"
trees removed to pipe the ditch
3 White Poplar 23" Fair, leaning over ditch, Remove 23"
will be removed to pipe
the ditch
4 White Poplar 20" Poor condition, open scar Remove 20"
on canal side at base,will
be removed to pipe the
ditch
5 White Poplar 12" Dead,will be removed to Remove 12"
pipe the ditch
6 White Poplar 8" Poor condition,will be Remove 8"
removed to pipe the ditch
7 White Poplar 12"-20" Poor, slim flux on north Remove 20"
side, stems twist around
one another,will be
removed to pipe the ditch
8 White Poplar 7" Poor to dying,will be Remove 7"
removed to pipe the ditch
9 Black Walnut 4" Poor condition,will be Remove 4"
removed to pipe the ditch
10 Black Walnut 6.5" Fair condition,branched Remove 6.5"
very low,will be
removed to pipe the ditch
11 Silver Maple 44" Fair condition, multiple Remove N/A
canopy breakouts and has
been topped
Removed by previous
landowner
12 Carpathian 5" Good condition, needs Remove N/A
Walnut pruning, remove sucker
sprouts and lowest
branch
Removed with demo of
barn
13 Black Walnut S" Good condition, needs Remove N/A
the base branch removed
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Removed with demo of
barn
14 Black Walnut 6"-8" Good condition, should Remove N/A
be removed, too close to
the barn
Removed with demo of
barn
15 Black Walnut 6.5" Fair condition Remove N/A
Removed with demo of
barn
16 Black Walnut 5" Poor condition, many Remove N/A
branches are dead
Removed by previous
landowner
17 Pecan 39" Fair condition, has been Remove N/A
topped
Removed by previous
landowner
18 Flowering Pear 5" Fair condition Remove N/A
Removed with demo of
shop
19 Black Walnut 3" Fair condition, too close Remove N/A
to building
Removed with demo of
shop
20 Black Walnut 3" Fair condition, too close Remove N/A
to building
Removed with demo of
shop
21 Norway Spruce 23" Fair condition, had the Remove N/A
top cut out by power
company
Removed due to power
company maintenance
22 Western Red 20"-28" Poor condition, foliage at Remove 28"
Cedar No height the top is extremely
sparse,too hot and dry
for the species in the
Treasure Valley
23 Norway Spruce 27" Poor condition, canopy Remove 27"
No height on the south side has been
removed by the power
company
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24 Norway Spruce 75' Poor condition, has been Remove 29"
29" pruned severely on the
south side by the power
company
25 Austrian Pine 10" Poor condition,appears Remove 10"
No height to have girdling roots
26 Norway Spruce 4" Poor Condition Remove 4"
No height
27 Austrian Pine 9" Poor condition,has root Remove 9"
No height girdle,trunk goes straight
into the ground
28 Black Walnut 4.5" Fair condition Remove 4.5"
29 Western Red 3" Poor condition Remove 3"
Cedar No height
30 Ponderosa Pine 4.5" Poor condition,top is Remove 4.5"
No height gone,very little foliage
31 Norway Maple 16" Poor condition, suspect Remove N/A
this tree has Verticillium
Wilt, some branches have
died
Previously removed
32 Ponderosa 5" Poor condition, top of Remove N/A
Pine No height tree is gone
Previously removed
33 Austrian Pine No Dead Remove N/A
measurem
ent Previously removed
34 Austrian Pine 8" Poor condition,has Remove 8"
No height girdling roots and is
leaning west
35 Flowering 4" Fair condition, has pine Remove N/A
Crabapple tree leaning into its
irregular canopy
Previously removed
36 Red 4" Fair condition,possible Remove N/A
Horsechestnut girdling roots
Previously removed
37 English 2.5"-6" Poor condition, tree had Remove N/A
Hawthorn been cut down to the
ground previously
Previously removed
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38 Black Walnut 25" Fair condition Remove N/A
Previously removed
39 Black Walnut 23" Fair condition Remove N/A
Previously removed
40 Black Walnut 17" Fair condition,prior Remove N/A
owner sold the wood at
auction to a home builder
in McCall
Removed by previous
landowner
41 Silver Maple 27" Fair condition, nearing Remove N/A
its expected life span
Previously removed
42 Black Locust 5" Poor condition Remove N/A
Previously removed
43 Black Locust 7" Poor condition Remove N/A
Previously removed
44 Black Walnut 34" Dying Remove N/A
Previously removed
45 Silver Maple 4" Poor condition Remove N/A
Removed due to disease
46 Black Walnut 4" Poor condition, has Remove N/A
witches broom
Previously removed
47 Black Locust 3" Poor condition Remove N/A
Previously removed
48 Black Locust 11" Poor condition, tree has Remove N/A
center rot
Previously removed
49 Black Walnut 2.5"-7" Poor condition Remove N/A
clump Previously removed
50 Pecan 39" Fair condition,prior Remove N/A
owner sold the wood at
auction to a home builder
in McCall
Removed by previous
landowner
51 Pecan 32" Poor condition, Prior Remove N/A
owner sold the wood at
auction to a home builder
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in McCall
Removed by previous
landowner
52 Black Walnut 15" Fair condition Remove N/A
Previously removed
53 Silver Maple 42" Fair condition Remove N/A
Previously removed
54 Black Walnut 11"-17" Poor condition Remove N/A
clump Previously removed
55 Cottonwood 62" Nearing life expectancy, Remove N/A
decline to set in in the
near future
Previously removed
56 Fruiting 19" Poor condition Remove N/A
Cherry Previously removed
57 Eastern 13"-45" Poor condition Remove N/A
Cottonwood Previously removed
clump
58 Fruiting 8" Poor condition Remove N/A
Cherry Previously removed
59 Black Walnut 9" Poor condition Remove N/A
Previously removed
60 Eastern 30" Poor condition Remove N/A
Cottonwood Previously removed
61 Eastern 47" Poor condition Remove N/A
Cottonwood Previously removed
62 Eastern 16" Poor condition Remove N/A
Cottonwood Previously removed
63 Eastern 46" Unknown Remove N/A
Cottonwood Previously removed
Total caliper inches/feet of trees required to be replaced TBD by the
on site Design Review
Board and City
Council
Total caliper inches removed from the site —117"
(deciduous)
114.5" (conifer)
Total caliper inches proposed for mitigation 0"
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Tree Replacement Calculations: The applicant is not proposing to plant any additional trees to mitigate
for the approximately 231.5-caliper inches of trees being removed from this site. See discussion on
page 18 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West State Street,North Ballantyne Lane,and throughout
the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS:N/A
P. OUTDOOR LIGHTING:
The landscape plan shows the location of all streetlights and detailed cutsheets showing the style,color,
height, illumination type,and wattage were received and complies with Eagle City Code Section 8-4-
4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-76-22)has been
submitted for the approval of subdivision entry feature and subdivision entry monument sign for this
site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
S. PUBLIC USES PROPOSED:None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
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W. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ballantyne Ditch Company
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Marathon Pipeline,LLC
X. LETTERS FROM THE PUBLIC:None received to date.
Y. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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:
Neighborhood Residential
Suitable for single family residential.Densities range from 2 units per acre to 2 units per acre.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
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.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(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,chainlink)shall be prohibited.
3.6 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the all common areas throughout the development, 3)
landscape screening details and buffering for the common lots located adjacent to North
Ballantyne Lane and West State Street, 4) elevation plans for all proposed common area
structures and irrigation pump house(if proposed),5)landscape screening details of the irrigation
pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters,
benches,gazebos,and/or similar amenities. The design review application shall be reviewed and
approved by the Design Review Board and City Council prior to the submittal of a final plat
application.
3.8 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing
trees located on-site.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 how the trees will be incorporated into the design of
the subdivision or mitigated prior to removal of the trees.No trees shall be removed from the site
prior to city approval of a tree removal and replacement plan.
3.9 In conjunction with 3.8 above,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 (unless approved for removal and mitigation by the Design Review
Board)shall be provided for Design Review Board approval prior to the submittal of a final plat
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application.
C. CONDITIONAL USE PERMIT,PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY
PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
10. The applicant shall be required to landscape the following areas located within ACHD right-or-
way: 1)the area located at the northeast corner of North Ballantyne Lane and West State Street,2)
the area located in proximity to the sidewalk along West State Street, 3) the landscape islands
located within West Yellowstone Court, West Deadwood Court, and North Great Falls Avenue,
and 4)the portion of the planter strips located along the public streets.The landscape plan shall be
reviewed and approved by the Design Review Board and City Council prior to submittal of final
development plan and final plat applications. The landscaping should be installed, or a surety
should be submitted for installation of the landscaping, and the applicant shall provide a recorded
ACHD License Agreement associated with the landscaping located within the ACHD right-of-way
prior to the City Clerk signing the final plat.
15. Provide a tree inventory map associated with the tree survey, date stamped by the City on August
1, 2022, as part of the design review application process. The tree survey and tree inventory map
shall be reviewed with the design review application.Prior to the removal of any trees,the Design
Review Board and City Council shall determine which trees are to remain or be removed prior to
submittal of final development plan and final plat applications.
16. The developer shall provide shade-class (Class II) 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.
17. 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).
18. Provide a revised fencing exhibit showing open style fencing located adjacent to the common area
open spaces and on the street side of all corner lots prior to execution of the development agreement
associated with the rezone(RZ-18-22).
19. The applicant shall be required to comply with the Parks,Pathways,and Recreation Commission's
Pathway Recommendation,dated August 8,2022,prior to the City Clerk signing the final plat.
23. The applicant shall construct traffic calming devices(chicanes)along West Deadwood Street at the
entrance to Van Engelen Estates Subdivision. The applicant shall provide a revised planned unit
development/preliminary plat showing the location of the traffic calming devices(chicanes)prior
to submittal of a design review application.The traffic calming devices(chicanes)shall be reviewed
and approved by ACHD prior to installation.
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24. The applicant shall install solid privacy fencing along the north property line at the terminus of the
stub street. The privacy fencing shall be constructed prior to the issuance of building permits The
applicant shall construct the solid privacy fencing along the north and east property lines prior to
the issuance of building permits.
26. The applicant shall provide a revised preliminary development plan/preliminary plat showing the
location of the ACHD required stub street located between West Yellowstone Court and the north
property line prior to submittal of a design review application.
27. The applicant shall construct an eight foot (8') high fence (as measured from the Bakers Acres
Subdivision side of the fence)along the north property line. The eight foot(8')high fence shall be
composed of a two foot(2')high concrete block wall with a six foot(6')high privacy fence located
on top of the concrete block wall.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5):
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-(7): LANDSCAPE AND BUFFER AREA REQUIREMENTS:
C. Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a.Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species
identified in section 8-2A-7Q of this article is required.For each caliper inch of
deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For
each vertical foot of coniferous tree removed, an equivalent amount of vertical feet
shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable
replacement would be four(4)two inch(2")caliper deciduous trees. A twelve foot
(12')tall coniferous tree is removed,an acceptable replacement would be two(2)six
feet(6')tall coniferous trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision
common area to appropriately thin an overgrown canopy,replacement shall not be
required provided the site remains in compliance with subdivision's approved landscape
plan as determined by the city.
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c. Unless it is determined by the city that replacement is necessary to preserve and/or
restore riparian and wildlife habitat,removal of the following trees shall not otherwise
require replacement: black locust,poplar,cottonwood,willow,tree of heaven,elm,and
silver maple. Trees which are weak wooded,weak branched, suckering,damaged,
diseased, insect infested,or containing similar maladies may be exempt from
replacement if removal is first approved by the city.
d.In cases where the condition of the tree(s)constitutes an "emergency" as defined in
section 8-1-2 of this title,the tree(s)may be removed without approval provided that
the city is notified after the tree's removal and provided with documentation indicating
the tree's condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark,branches, or roots during construction.Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub.Any severely damaged tree shall be replaced in accordance
with subsection C2 of this section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall
be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree
trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
E. Installation And Minimum Standards:
1. Trees shall be planted in accordance with the city of Eagle tree planting specifications
included as an exhibit within the EASD book. Accepted nursery standards and practices
shall be followed in the planting and maintenance of landscaped areas.
2. Soil and slope stabilization must result after landscape installation.
3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed
public or private sidewalks and paving.
4. The minimum acceptable size for deciduous trees shall be two inch(2")caliper,balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet (6') to seven feet (7')
balled and burlapped.
6. Plant material selection shall be taken from subsection Q of this section.
7. All landscaped areas adjacent to vehicular areas are to be protected with an approved
curbing material.
M. Parkway Strips, Separated Sidewalks,And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway
planter strip planted with shade class(class II)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
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2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35)linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within the
eight foot(8')wide landscape strip between the sidewalk and the curb.Trees shall be planted
at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')
of street frontage.
4. In all cases,any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Q. Approved Tree List: This list is a suggested planting list. Other tree species and varieties will
be considered.
LARGE TREES (CLASS III)
Tulip tree riodendron tulipifera
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within Benari
Estates Subdivision, an 88-lot (77-buildable, 11-common) residential planned unit development.
Street trees are proposed along the lot frontages and the front of West State Street and North
Ballantyne Road. Amenities include a tot lot, benches, pathways, and a dog park. Staff defers
comment regarding the common area landscaping to the Design Review Board.
• Sheet L2 shows the location of an overhead power pole and power line at the corner of North
Ballantyne Lane and West State Street with the overhead power extending across North Ballantyne
Lane.Pursuant to Eagle City Code Section 8-2A-6(A)(5),all overhead power on the site is required
to be removed and/or placed underground.
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The applicant should be required to provide a revised landscape plan showing the overhead power
and utilities located at the corner of North Ballantyne Lane and West State Street to be located
underground and pole removed (including the removal of the overhead utilities located from the
east side to the west side of North Ballantyne Lane).The revised landscape plan should be reviewed
and approved by staff prior to submittal of the final plat application.
• The arborist report,submitted with the design review application,was completed in March of 2021
and showed 63 existing trees on the site. Since the time of the report, the previous landowners
removed trees from the site, auctioned some of the wood off, and additional trees were removed
when the shed and barn were demoed. At the time of the design review application there are 20
existing trees on the site.
The applicant is proposing to remove the remaining 20 trees from the site for a total of 231.5-caliper
inches (not all heights were received for conifer trees so all existing trees were calculated using
caliper inches). The remaining trees consist of Willows, White Poplar, Black Walnut, Norway
Spruce,Austrian Pine,Western Red Cedar,and Ponderosa Pine trees.As noted in the arborist report
all of the trees are in poor to fair condition,clumps,dying,multi-stemmed,growing under overhead
power lines,volunteer trees along the drainage ditch that are required to be removed when the ditch
is tiled,and are not trees that have a place in a developed subdivision. Pursuant to Eagle City Code
Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is
approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c),unless it is
determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife
habitat, removal of Poplar, Willow, Black Locust, Silver Maple, Cottonwood, weak wooded,
damaged, and diseased trees do not require replacement. Pursuant to Eagle City Code Section 8-
2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper
inches is required to be replanted and for each vertical foot of coniferous tree removed, an
equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the 20 trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation,no additional trees
are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 231.5-caliper inches of tree
(116,2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt
to pay an in lieu fee into the tree fund in the amount of$40,512.50(231.5-caliper inches x
$175.00 per caliper inch). The payment to the tree fund should be received by the City prior to
the submittal of a final plat application.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
• The landscape plan shows Emerald Green Arborvitae trees proposed through the subdivision which
are to be 5-feet to 6-feet tall at the time of planting. Pursuant to Eagle City Code Section 8-2A-
7(E)(5), conifer trees are required to be a minimum of 6-feet tall at the time of planting. The
applicant should be required to provide a revised landscape plan showing the Emerald Green
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Arborvitae trees a minimum of 6-feet all at the time of planting.The revised landscape plan should
be reviewed and approved by staff prior to submittal of the final plat application.
• The landscape plan shows Tulip Trees proposed within the 8-foot wide landscape strips between
the sidewalk and roadway throughout the subdivision. Pursuant to Eagle City Code Section 8-2A-
7(Q),Tulip Trees are classified as a Class III tree.Pursuant to Eagle City Code Section 8-2A-7(M),
Class II trees are required to be planted within the 8-foot wide landscape strips between the
sidewalk and roadway. The applicant should be required to provide a revised landscape plan
showing the Tulip Trees replaced with a Class II shade tree as identified on the Approved Tree list.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to submittal of a final plat application.
• The landscape plan shows Frontier Elm and Green Vase Zelkova trees proposed within the
subdivision. Both tree species are not identified within Eagle City Code Section 8-2A-7(Q)or the
Treasure Valley Street Tree Guide as an approved tree species.The applicant should be required to
provide a revised landscape plan showing the Frontier Elm and Green Vase Zelkova trees replaced
with a tree species as identified on the approved tree list within Eagle City Code Section 8-2A-7(Q)
and Treasure Valley Street Tree Guide. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to submittal of the final plat
application.
• The applicant's justification letter shows a covered dog park gate entry and another image of an
entrance to the park with columns on each side of the gate,however,no elevations of the covered
dog park gate entry or columns were received. The landscape plan shows a wrought iron fence
around the dog park with two entrances to the park.
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The applicant should be required to provide elevations for the covered dog park gate entry and
columns. The elevations should be reviewed and approved by staff and one member of the Design
Review Board prior to submittal of the final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 12, 2023,
at which time the Board made their decision.
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BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping with the site specific conditions of
approval.
• The Board is in favor of the proposed tree removal and mitigation the applicant has submitted.
• The Board recommended changing the engineered wood fiber playground surface to a rubber mulch
surfacing for accessibility.
BOARD DECISION:
The Board voted 4 to 1 (Merrill against;Grubb and Duperault absent)to recommend approval of DR-75-
22 for a design review application for the common area landscaping within Benari Estates Subdivision,
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document, dated January 26, 2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 14,2023,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-75-22 for a design review application for the common area
landscaping within Benari Estates Subdivision,with the following Design Review Board recommended
site specific conditions of approval and standard conditions of approval with text shown with underline to
be added by the Council and text shown with strikethrough to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-12-21/CU-07-21/PPUD-07-21/PP-14-21.
2.
,
Provide a revised landscape plan showing the overhead power-anil utilities located at
the corner of North Ballantyne Lane and West State Street(east side to west side of North Ballantyne
Lane)to be located underground
The revised landscape plan
shall be reviewed and approved by staff prior to submittal of the final plat application.
3. The City approves the removal of the trees and does not require any additional mitigation,no
additional trees are required.
4. Provide a revised landscape plan showing the Emerald Green Arborvitae trees a minimum of 6-feet all
at the time of planting. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to submittal of the final plat application.
5. Provide a revised landscape plan showing the Tulip Trees replaced with a Class II shade tree as
identified on the Approved Tree list. The revised landscape plan shall be reviewed and approved by
staff and one member of the Design Review Board prior to submittal of a final plat application.
6. Provide elevations for the covered dog park gate entry and columns. Provide a detail of the dog park
fencing showing the double gate entry/exit for the dog park.The elevations and detail shall be reviewed
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and approved by staff and one member of the Design Review Board prior to submittal of the final plat
application.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14.
15. Provide elevation plans showing a covered structure around the three mailbox clusters to provide
shelter for residents getting their mail. The elevation plans shall be reviewed and approved by staff
and one member of the Design Review Board prior to the approval of a final plat.
16. Provide a revised landscape plan showing a trash bin located within the dog park.The revised
landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application.
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. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. 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 issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. 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
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that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
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 issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. 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 prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. 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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded 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 issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. 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 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 for non-residential uses(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 or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. 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 Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. 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 issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. 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 issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,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 City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. 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.
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23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. 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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-75-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-3-DA-P (Residential with a development agreement - PUD) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
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E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
I. No signs are proposed with this application.A separate design review application(DR-76-22)was
submitted for the subdivision entry feature and monument sign and will be required to be
harmonious with the architectural design of the subdivision and will not cover nor detract from
desirable architectural features.
DATED this 14th day of February 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason fierce,Mayor
A TEST:
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Page 24 of 24
K:\Planning Dept\Eagle Applications\Dr\2022\Benari Estates Sub LS DR-75-22\Benari Estates Sub LS ccf.docx