Findings - DR - 2026 - DR-2022-75-MOD2 - Benari Estates Subdivision - A Design Review for a Modification to the Common Area Landscaping within Benari Estates Sub to Include a Pool and Pool HouseBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A MODIFICATION )
TO THE COMMON AREA LANDSCAPING )
WITHIN BENARI ESTATES SUBDIVISION TO )
INCLUDE A POOL AND POOL HOUSE FOR )
CORE BUILDING COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2022-75-MOD2
The above -entitled design review application came before the Eagle Design Review Board for their action
on March 12, 2026. 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:
Core Building Company is requesting design review approval for a modification to the common area
landscaping within Benari Estates Subdivision to include a pool and 549-square foot pool house. The
0.47-acre site is located on the east side of North Boulder Ridge Way approximately 378-feet north of
West Timberstone Drive within Benari Estates Subdivision No. 1 (Lot 4, Block 2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 27, 2026. Revised information was
received February 27, 2026 (lighting cutsheets) and March 3, 2026 (revised building elevations, site
plan).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 4, 2026, 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-2021-12/CU-2021-07/PPUD-2021-
07/PP-2021-14).
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-2022-08/CU-2022-08/PPUD-2022-05/PP-2022-13).
On February 14, 2023, the City Council approved a design review application for the common area
landscaping within Benari Estates Subdivision (DR-2022-75).
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-2022-76).
On May 9, 2023, the City Council approved a final development plan and final plat for Benari Estates
Subdivision No. 1, a 49-lot (39-buildable, 10-common), residential subdivision (FPUD-2023-01 & FP -
Page 1 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
2023-04).
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-2023-06
& FP-2023-09).
On May 14, 2024, the City Council approved a design review application to modify the common area
landscaping and amenities within Benari Estates Subdivision (DR-2022-75-MOD1).
E. COMPANION APPLICATIONS:
There are no companion applications.
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:
This site is located within the city-wide Design Review Overlay District.
H. URBAN RENEWAL AREA:
The site is not located within the Urban Renewal Area.
I. EXISTING SITE CHARACTERISTICS:
The site is currently developed with two pickleball courts, a pathway, and landscaping.
Page 2 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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
Total Number of Units — 77
Residential — 77
Commercial — 0
Industrial — 0
Common — 11
Single-family — 77
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
2.2 1 -dwelling units per
2.2 1 -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:
Gross Floor Area of Proposed Pool House: 549-square feet
No parking is proposed with this application. Vehicles driving to this site will utilize on -street parking.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a pool house.
Page 3 of 17
KAPlanning Dept\Eagle Applications0r\2022\13enari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 16' high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 549-square feet.
On and Off -Site Circulation: N/A
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof. Asphalt (Black)
Walls: Stucco (Worldly Gray), horizontal siding (SW7046 Anonymous), stone (Eldorado Rough Cut
Moonlight),
Windows/Doors: Aluminum windows (Black), aluminum doors (SW7048 Urbane Bronze)
Fascia/Trim: Wood (SW3540 Mountain Ash, SW7048 Urbane Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees within the common area
that are proposed to be retained or relocated onsite.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: There are existing street trees along North Boulder Ridge Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES:
The applicant is proposing to use one trash tote that will be stored on the south side of the building. The
trash tote will be screened by fencing.
P. MECHANICAL UNITS:
The applicant is proposing to use a wall mounted mini split system mechanical unit. The wall mounted
unit is proposed to be on the south side of the building and screened by fencing. No ground mounted
or rooftop mounted mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
An electrical plan and detailed cutsheets showing the style, color, location, height, illumination type,
and wattage have been received and comply 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:
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:
No public uses are proposed.
Page 4 of 17
KAPlanning Depl\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisition 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):
An environmental assessment is not required for this application.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Marathon Pipeline
Y. LETTERS FROM THE PUBLIC:
No letters from the public have been 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;
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
Page 5 of 17
KAPlanaing Dept\Eagle Applications0r\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02.DRB\0l-DRB Packet\Behan Estates Sub LS Mod Findings DR.docx
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.
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)
Page 6 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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:
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-2022-18).
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(B)(1): Exterior Walls and Soffits:
h. Stucco: Twenty five percent (25%) planer change required, additional accents shall be
incorporated through the use of other material(s);
• Eagle City Code Section 8-2A-6(B)(3): Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-6(B)(4): Decs and Patios:
a. Concrete (stamped finish and smooth finish);
b. Brick pavers;
Page 7 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
c. Wood -polymer composite lumber;
d. Wood (pressure treated, redwood).
• Eagle City Code Section 8-2A-7(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.
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.
E. DISCUSSION:
The applicant is requesting design review approval to modify the common area landscaping within
Benari Estates Subdivision. The modification includes removing two existing pickleball courts and
replacing them with a pool, pool house, and one pickleball court. The pool house will have
bathrooms, changing areas, storage, and a pool equipment room. The pool house is proposed to be
constructed of stucco, stone veneer, horizontal siding, and wood accents. Staff defers comment
regarding the modifications to the common area and design, materials, and colors of the pool house
to the Design Review Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to 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, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
Page 8 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Fi1es\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
• The east building elevation (rear of the building) material is stucco. Including one door and two
decorative columns from the overhand, the planer change is 14.9%.
„r ego
r'
Pursuant to Eagle City Code Section 8-2A-6(13)(1)(h), 25% planer change is required and additional
accents should be incorporated through the use of other materials. The applicant should be required
to provide a revised east building elevation showing a minimum of 25% planer change. The revised
elevation should be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
• The site currently has two pickleball courts surrounded by vinyl coated chain link fencing. The
applicant is proposing to reuse a portion of the vinyl coated chain link fencing to place around the
one pickleball court. Pursuant to Eagle City Code Section 8-2A-6(13)(3)(e), chain link fencing is
prohibited; however, it may be permitted for use on school sites. Pursuant to past action by the
Board and Council, vinyl coated chain link fencing has been permitted around sports courts. Staff
defers comment regarding the vinyl coated chain link fencing to the Design Review Board.
• The site plan shows a 6-foot tall tan vinyl fence with return on the south side of the building to
screen the trash tote and mechanical unit from the road.
�-- WALL MNTD MINI SPLIT SYSTEM AC
SOLID 6- HIGH FENCE W/ RETURN TRASH TOTE
TO SCREEN TRASH TOTES, COLOR
TO MATCH EXIST.
NEIGHBORHOOD FENCING
Pursuant to Eagle City Code Section 8-2A-6(B)(3)(d), decorative vinyl fencing may be permitted
if the city determines that the style of fence proposed is complementary to the building architecture
and overall site design. Staff defers comment regarding the vinyl fencing to the Design Review
Board.
Page 9 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
• The site and landscape plan show a pool deck and fire pit; however, the material of the pool deck
and detail of the fire pit were not received.
------ V-1-1 _ ___._._-._. -- - - -
33' DRAINAGE EASEMENT
r�
0
Rim
..1..1.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..�
The applicant should be required to provide a revised site and landscape plan showing the material
of the pool deck and provide a detail of the fire pit. The revised plans and detail should be reviewed
and approved by staff prior to the issuance of a zoning certificate.
• The demolition plan shows five existing trees that are to be relocated; however, the landscape plan
does not indicate where the trees were relocated to.
....................
j o o I
I I
1 I
O -o- 6 - 'o- Zi
i o o 0 0
0 0 0
/Il DEMOLITION PLAN
The applicant should be required to provide a revised landscape plan showing where the five
existing trees are to be relocated onsite. The revised landscape plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
Page 10 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
• The site and landscape plan show the existing pathway (located near the south property line)
relocated to north of the pool and pool house area. The existing pathway connects to a pathway
within the common lot to the east. It is not clear how the new location of the pathway is proposed
to connect to the existing pathway to the east.
The applicant should be required to provide a revised site and landscape plan showing how the
pathway north of the pool and pool house will connect with the pathway within the common lot to
the east. The revised site and landscape plan should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
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 March 12, 2026, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff s presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed modifications to the common area landscaping including the pool
and pool house
• The Board is in favor of the design, materials, and colors of the pool house and requested addition
articulation in the roof on the east side of the building as state in site specific condition no. 2.
• The Board is in favor of the existing black vinyl coated chain link fencing being relocated to the new
location of the pickleball court.
• The Board is in favor of the applicant utilizing a tan vinyl fence to screen the trash tote and mechanical
unit which matches the vinyl fencing within the subdivision.
BOARD DECISION:
The Board voted 4 to 0 (Milian recused; Grubb and Asher absent) to recommend approval of DR-2022-75-
MOD2 for a design review application for a modification to the common area landscaping to include a pool
and pool house within Benari Estates Subdivision, with the following staff recommended site specific
Page 11 of 17
K:\Planning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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-2021-12/CU-2021-07/PPUD-2021-07/PP-2021-14, DR-
2022-75 and subsequent modifications.
2. Provide a revised east building elevation showing a minimum of 25% planer change and include
articulation in the roof similar to the west building elevation. The revised elevation shall be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
3. Provide a revised site and landscape plan showing the material of the pool deck and provide a detail of
the fire pit. The revised plans and details shall be reviewed and approved by staff prior to the issuance
of a zoning certificate.
4. Provide a revised landscape plan showing where the five existing trees are to be relocated onsite. The
revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
5. Provide a revised site and landscape plan showing how the pathway north of the pool and pool house
will connect with the pathway within the common lot to the east. The revised site and landscape plan
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No roof mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. The existing black vinyl coated chain link fencing located around the pickleball court that will be
relocated to a new pickleball court onsite is approved.
14. Provide a revised site and landscape plan showing the location of the vinyl fence screen in relation to
the existing landscaping. The vinyl fencing shall be 6-foot tall and tan to match the existingfencing
encing
within the subdivision. The revised site and landscape plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
15. Provide revised building elevations that include the stamp of the licensed architect who created the
elevations. The revised building elevations shall be reviewed and approved by staff prior to the issuance
of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
Page 12 of 17
K:\Planning Dept\Eagle Applications0r\2022\13eoari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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
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 fled 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
Page 13 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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.
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.
Page 14 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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
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-MOD2) 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.
Page 15 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
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 common area landscaping and pool and pool house are 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 including the
pool and pool house 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 since the pool house building does not exceed 35-feet in height as allowed per code;
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
1. 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.
Regulatory Taldngs Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
Page 16 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\0l-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx
DATED this 26`l' day of March 2026.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Ap:f--�
alter IT
n, Chairman
ATT ST:
OF F_ 3 °
• tzP O R °'•.�
Tracy E. Os rn, agle City Clerk
SEAL
Page 17 of 17
KAPlanning Dept\Eagle Applications\Dr\2022\Benari Pool House - DR-2022-75-MOD2\03-Working Files\02-DRB\01-DRB Packet\Benari Estates Sub LS Mod Findings DR.docx