Findings - DR - 2024 - DR-2022-75-MOD1 - Benari Estates - Modification to the Common Area Landscaping and Amenities within Benari Estates Subdivsion BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
A DESIGN REVIEW FOR A MODIFICATION )
TO THE COMMON AREA LANDSCAPING AND )
AMENITIES WITHIN BENARI ESTATES )
SUBDIVISION FOR EAGLE 1 LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2022-75-MOD1
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 11, 2024. The Eagle Design Review Board 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 to modify the common
area landscaping and amenities 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 March 4,2024.
C. NOTICE OF AGENCIES'REVIEW:N/A
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 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).
On February 14, 2023, the City Council approved a design review application for the common area
landscaping within Benari Estates Subdivision(DR-75-22).
On February 14,2023,the City Council approved a design review application for one entry feature and
one subdivision entry monument sign for Benari Estates Subdivision(DR-76-22).
On May 9,2023,the City Council approved a fmal development plan and fmal plat for Benari Estates
Subdivision No. 1, a 49-lot (39-buildable, 10-common), residential subdivision(FPUD-01-23 & FP-
04-23).
On September 26,2023,the City Council approved a final development plan and final plat for Benari
Estates Subdivision No.2,a 42-lot(38-buildable,4-common),residential subdivision(FPUD-06-23 &
FP-09-23).
E. COMPANION APPLICATIONS: None.
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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 Residential
Residential development agreement— Planned Unit Development
PUD) (Benari Estates
Subdivision)
Proposed No Change No Change No Change
North of site Large Lot A-R(Agricultural- Single-Family Residential
Residential) Subdivision(Bakers Acres
Subdivision)
South of site Mixed Use R-9-DA(Residential with a Proposed single-family
development agreement[in attached subdivision
lieu of a PUD])and MU-DA (Kingfisher Estates
(Mixed Use with a Subdivision)and a single-
development agreement [in family residence and
lieu of a conditional use enclosed storage facility
permit])
East of site Neighborhood R-2(Residential) Single-Family Residential
Residential Subdivision(Van Engelen
' Estates Subdivision)
West of site Neighborhood R-2-DA-P(Residential with a Single-Family Residential
Residential development agreement— Subdivision(Countryside
PUD) 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 is currently under construction with subdivision improvements.
J. SITE DATA:No Change.
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. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:No Change.
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
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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:
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.
M. BUILDING DESIGN FEATURES:No Change.
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)
N. LANDSCAPING DESIGN:No Change.
Retention of Existing Trees and Preservation Methods: On February 14, 2023, the City Council
approved the common area landscaping for Benari Estates Subdivision,including the removal of trees
on the site.
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
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
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Q. OUTDOOR LIGHTING:No Change.
The landscape plan shows the location of all streetlights and detailed cutsheets showing the style,color,
height,illumination type,and wattage was approved with DR-75-22 and complies with Eagle City Code
Section 8-4-4-2.
R. SIGNAGE:No Change.
No signs are proposed with this application. A separate design review application(DR-76-22)has been
approved for the subdivision entry feature and subdivision entry monument sign for this site.
S. PUBLIC SERVICES AVAILABLE:No Change.
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.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. 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
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):Not
required.
X. AGENCY RESPONSES:N/A
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. 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;
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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.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'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.
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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.
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. 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).
16. 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).
23. 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 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,
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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-7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments,including,but not limited to,subdivisions
and multi-family developments,shall be buffered from streets classified as collectors,
arterials,freeways,or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads.The"buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway.This buffer is required as part of the common area open space owned and
maintained by a homeowners'association.Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below.The height for
berming/fencing,as noted below,shall be measured from the elevation of the final grade of
the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings,and fencing are as follows:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: four
(4)shade trees,five(5)evergreen trees,and twenty four(24)shrubs.Each required shade
tree may be substituted with two(2)flowering/ornamental trees,provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block
wall,cultured stone,decorative rock,or similarly designed concrete wall,or combination
thereof shall be provided within the buffer area.The maximum slope for any berm shall
be three feet(3')horizontal distance to one foot(1')vertical distance.If a decorative
block wall,cultured stone,decorative rock,or similarly designed concrete wall is to be
provided in combination with the berm,a four foot(4')wide flat area shall be provided
for the placement of the decorative wall.Chainlink,cedar,and similar high maintenance
and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: five
(5)shade trees,eight(8)evergreen trees,three(3)flowering/omamental trees,and twenty
four(24)shrubs.Each required shade tree may be substituted with two(2)
flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade
trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block
wall,cultured stone,decorative rock,or similarly designed concrete wall,or combination
thereof shall be provided within the buffer area.The maximum slope for any berm shall
be three feet(3')horizontal distance to one foot(1')vertical distance.If a decorative
block wall,cultured stone,decorative rock,or similarly designed concrete wall is to be
provided,in combination with the berm,a four foot(4')wide flat area shall be provided
for the placement of the decorative wall.Chainlink,cedar,and similar high maintenance
and/or unsightly fencing shall not be permitted.
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• Eagle City Code Section 8-2A-7(0): Alternative Method of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems.Under certain site conditions,a strict interpretation of
requirements may be either physically impossible or impractical.Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more of
the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography,soil,vegetation,or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site,the required buffer yard is larger than can be
provided;and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed.The request shall state
which requirement as set forth within this section is to be modified,what project conditions
stated within subsection 01 of this section justify using the proposed alternative,and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund:Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site.The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section.If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s)removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for
coniferous trees shall be determined by resolution of the city council.The applicant shall
have the right to review and consider the value determination,and following said review,to
reapply for other alternative methods of compliance,without prejudice,in accordance with
subsection 02 of this section.
E. DISCUSSION:
• On February 14,2023,the common area landscaping within Benari Estates Subdivision,including
a tot lot, benches, pathways, and a dog park was approved. The applicant is requesting design
review approval to modify the common area landscaping, specifically the buffer areas adjacent to
West State Street and North Ballantyne Lane and remove the tot lot and replace it with two pickle
ball courts. Staff defers comment regarding the common area landscaping and amenities to the
Design Review Board.
• The landscape plan shows a 35-foot wide buffer area adjacent to North Ballantyne Lane and 50-
foot wide buffer area adjacent to West State Street with a 6-foot tall berm, 6-foot tall composite
fence and required landscaping.The composite fence is located 12-feet from the rear property lines
of residential lots between the top of the berm and residential lots and is not located on a 4-foot
wide flat area of the berm. The berm/fence combination puts the height of the buffer area at
approximately 12-feet tall. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), a 35-foot wide
buffer with a 5-foot minimum to 8-foot maximum berm,and four shade trees,five evergreen trees,
and twenty four shrubs per 100-linear feet of frontage is required. The height of the berm is
permitted to be a combination of berm, decorative block wall, cultured stone, decorative rock, or
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similarly designed concrete wall. If a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall is provided, a four foot wide flat area is required to be provided
for the placement of the decorative wall.
The applicant has submitted an alternative method of compliance application to ask for the
additional buffer height with the use of a composite fence to be approved. The justification letter
states that after the 6-foot tall berm was installed, it was determined that the berm did not block
enough of the road and vehicle noise. The addition of the fence and proposed landscaping in front
of the fence will help break up the face of the fence and will provide the aesthetics that are desired
in Eagle.
If the Design Review Board recommends approval of the alternative method of compliance and
approves the 12-foot tall berm/fence combination as proposed, no additional information is
required.
OR
If the Design Review Board recommends approval of the alternative method of compliance and
does not approve the fence location or fence type as proposed,the applicant should be required to
provide a revised landscape plan showing a decorative block wall,cultured stone,decorative rock,
or similarly designed concrete wall with a 4-foot wide flat area.The revised landscape plan should
be reviewed and approved by staff and one member of the Design Review Board prior to installation
of the wall and landscaping.
OR •
If the Design Review Board recommends denial of the alternative method of compliance, the
applicant should be required to provide a revised landscape plan showing the berm located within
the buffer area to be a maximum height of 8-feet. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the installation of
landscaping.
• The landscape plan shows two pickle ball courts with benches and fencing located within the
common lot adjacent to North Boulder Ridge Avenue. The landscape plan originally approved
showed a pump house(relocated to a different common lot),tot lot,and benches within the common
lot. The applicant's justification letter states that after extensive market research and polling
perspective buyers, a pickle ball court is a better choice as an amenity for the neighborhood. Staff
defers comment regarding the proposed amenity change to the Design Review Board.
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 April 11,2024,at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the alternative method of compliance utilizing the 6-foot high decorative fence
with columns on the 6-foot tall berm along North Ballantyne Road and West State Street as modified
within site specific condition of approval no.2.
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• The Board is in favor of the applicants request to replace the tot lot with two pickleball courts. The
pickleball courts should be permitted to utilize a 4-foot tall chain link fence around them.
BOARD DECISION:
The Board voted 6 to 0(Mihan absent)to recommend approval of DR-2022-75-MOD 1 for a design
review application for a modification to the common area landscaping and amenities within Benari
Estates Subdivision,with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board and text shown
with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-12-21/CU-07-21/PPUD-07-21/PP-14-21 and DR-75-22.
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OR
I€4The Design Review Board recommends approval of the alternative method of compliance. Provide
a revised landscape plan showing the fence (with columns every 60-feet) located on the back side of
the berm on a 4-foot flat landing within the berm allowing the berm/fence combination to be a
maximum height of 10-feet tall.an deer «et e e the f nee locatie« f nee type a ed,tb,e
. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to installation of the wall and landscaping.
OR
to v be. x n height f 8 f et her ed landscape plan shall be ed and a ed b y staff
«d n mbe of the De De ,Bo rd r to the stallat; of lands
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. Provide a revised cross section of the fence along North Ballantyne Road and West State Street. The
revised cross section should be reviewed and approved by staff and one member of the Design Review
Board prior to installation of the fence.
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11. Provide a revised landscape plan showing planting beds with mulch between the rear lot lines and the
6-foot tall fence and show landscaping on the front and back of the berm. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to
installation of the landscaping.
12. Provide details for the fencing/landscaping transition area between the end of the fence and north and
east property lines. The details shall be reviewed and approved by staff and one member of the Design
Review Board prior to installation of the fence/landscaping,
13. The column cap presented to the Design Review Board on April 11,2024,is approved.
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
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
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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.
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.
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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.
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2022-75-MOD1) 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 Board 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;
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. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 25th day of April 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
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Walter Lindgren,Chairman
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Tracy :f. Osborn, Eagle City Clerk Z Oq �;: '*
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