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Findings - PZ - 2024 - CU-11-23 - Bruneel Subdivision - Conditional Use Permit for a Vineyard, Winery, and Live Entertainment Events BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A VINEYARD,WINERY,AND LIVE ) ENTERTAINMENT EVENTS FOR ) STEVE BRUNEEL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-11-23 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on May 6,2024,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a conditional use permit for a vineyard, winery, and live entertainment events such as holiday, business, office,birthday,wedding/engagement party, meeting fundraisers, and concerts. The 30- acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane(Lots 4, 5,and 6,Block 1,Bruneel Subdivision). B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site from 6:15 PM to 7:00 PM,Wednesday,June 28, 2023, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on November 2, 2023. A revised narrative was received by the City of Eagle on March 27,2024. C. NOTICE OF PUBLIC HEARING: Request for agencies' reviews were transmitted on November 21, 2023, in accordance with the requirements of the Eagle City Code.Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho Code, and Eagle City Code on April 19, 2024. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code, and the Eagle City Code on April 19, 2024. The site was posted in accordance with the Eagle City Code on April 26,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 5, 2019, the City Council approved an annexation, a rezone from RR (Rural- Residential — Ada County designation) to R-E-DA (Residential Estates with a development agreement) and a combined preliminary plat/final plat for Bruneel Subdivision (fka Gooder John Subdivision). Page 1 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc E. COMPANION APPLICATIONS: Rezone and Development Agreement Modification Application, date stamped by the City on November 2,2023 (RZ-12-18 MOD). Vacation Application,date stamped by the City on November 2,2023 (VAC-03-2023). Lot Line Adjustment Application,date stamped by the City on November 2,2023 (LLA-09-23). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Agricultural/Rural R-E-DA(Residential- Residential Subdivision Estates with a (Bruneel Subdivision aka development agreement) Gooder John) Proposed No Change A-R-DA(Agriculture- Vineyard,winery,and live Residential with a entertainment events development agreement) North of site Agricultural/Rural R-E-DA(Residential- Single-family residence, Estates with a large lot development agreement) South of site Agricultural/Rural R-E-DA(Residential- Agriculture Estates with a development agreement) East of site Agricultural/Rural R-E-DA(Residential- Residential Subdivision Estates with a (Garrigan Estates No. 2) development agreement) West of site Agricultural/Rural R-E-DA(Residential- Single-family residence, Estates with a large lot development agreement) *A-R-DA is proposed under the Rezone Modification Application submitted by the applicant(RZ-12-18 MOD). G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site includes Lots 4-6, Block 1, Bruneel Subdivision (fka Gooder John Subdivision). An existing 6,900-square-foot single-family dwelling is located on Lot 5, Block 1. The dwelling is surrounded by agriculture and is accessed from a private drive from Gooder John Lane. Page 2 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Bruneel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 30-acres 4.7-acres(minimum) Percentage of Site Devoted to Building 3% 40%(maximum) Coverage Percentage of Site Devoted to Landscaping 10% 10%(minimum) Number of Parking Spaces 90-parking spaces 88-parking spaces (minimum) Front Setback(north) 375-feet 60-feet(minimum) Rear Setback(south) 650-feet 30-feet(minimum) Side Setback(east) 1650feet 30-feet(minimum) Side Setback(west) 1030-feet 45 -feet(minimum) J. GENERAL SITE DESIGN FEATURES: The site is primarily agricultural land with some native/undeveloped portions north of the site. Number and Uses of Proposed Buildings(based on the entire site): The applicant is proposing(3)buildings with the following uses: • Existing 3-story, single-family dwelling(6,900 square-feet)to be converted into a tasting room and live entertainment facility. • New single-family residential dwelling • Winery storage and production building Height and Number of Stories of existing Building: approximately 35-feet,three(3)stories Gross Floor Area of Proposed"Event"Building: The applicant is proposing to convert the 6,900 square-foot existing single-family residential dwelling into a tasting room and live entertainment center. On and Off-Site Circulation: The site is accessed by public road,Gooder John Lane,and the existing private drive(located within Lot 6,Block 1,Bruneel Subdivision). K. PARKING ANALYSIS: Required Total for Tenant Area [based on ECC Section 8-4-5 requirements for wine tasting, event center storage,and office spacel: Total Required:88—on site parking spaces Total Existing: 90—on site parking spaces Page 3 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-1 1-23 Bruneel Vineyard PZF.doc Required Total for Tenant Area[based on wine tasting and events,storage,and office space.]: Wine Tasting and Events 1 per 3 guest 250/3 84 parking spaces 1 per 1,000 square Storage feet of gross storage 2780/1,000 3 parking spaces area Office Space 1 per 250 square feet 220/250 1 parking space of gross floor area Total Parking Required 88 parking spaces L. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Police Department and Star Fire Depaitiuent. M. PUBLIC USES PROPOSED:None. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—no Riparian Vegetation—no Steep Slopes—yes,hillside development permits will be obtained where needed Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report: Ada County Highway District Eagle Fire Department Eagle Museum of History&Preservation Eagle Sewer District Idaho Department of Environmental Quality Idaho Department of Fish and Game Middleton Star Fire District R. LETTERS FROM THE PUBLIC(attached to the staff report): Letter received from Marty Telford,dated April 23,2024. Letter received from Kim Giannecchini and Pat Coleman,dated April 25,2024. Letter received from Patrick Declusin,dated April 26,2024. Page 4 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Bruneel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'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: Agriculture/Rural: Suitable for parcels that are 5 acres or larger in size may include active agriculture, viticulture, equestrian, and estate or large lot residential. Uses include low-density housing with significant spaces between homes that are close to native open space and active farmland. Rural uses are not amenity-based(sewer,water, schools)and are located away from goods and services. These areas encourage the keeping and raising of crops and/or animals and do not necessarily include manicured yards, sidewalks,bike paths, or planned park and recreation facilities. Density may be limited due to the limited availability of infrastructure and roadway capacity. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2:Rules&Definitions: Live Entertainment Events: Temporary concerts and other cultural events lasting less than seven (7) days or ongoing occasional events such as barn dances, square dances, weddings and receptions; temporary events such as corn mazes,hayrides,retail pumpkin patches and petting zoos lasting less than forty-five(45)days per calendar year. Vineyard: A property in agriculture that is five (5) acres in size or greater, used for the purpose of growing and cultivating grapevines. Winery: An establishment for the manufacture or bottling of wine. A winery may include, but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, sale of wine,processing structure,and offices. Warehouse and Storage: A. Limited: Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes facilities with a maximum of five thousand (5,000) square feet of gross floor area but excludes wholesaling,distribution and storage,mini storage,and vehicle storage. • Eagle City Code, Section 8-1-2:Rules&Definitions: R-E Residential-Estates District: To provide opportunities for very low-density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two(2)acres. Page 5 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-1 1-23 Brunel Vineyard PZF.doc A-R Agricultural-Residential District: To provide for the transition of agricultural land no longer used for extensive agricultural purposes into residential areas, while preserving agricultural uses compatible with residential development. Gross density shall not exceed one single-family dwelling unit per five (5) acres. DA Development Agreement: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. (Ord. 566, 5-15- 2007; amd. Ord. 673, 11-27-2012; Ord. 826,7-28-2020;Ord. 868,8-8-2022) • Eagle City Code Section 8-7-3-2: General Standards for Conditional Use: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8)for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8); C. Will be designed,constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code Section 8-7-3-5(D)(E)(G): Conditional Use Permit: D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; Page 6 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to another. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon any transfer of title for the property the conditional use permit transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgement to the city accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise,the permit may be declared void after notice and public hearing before the city council. G. Time Limitations,Extensions: 1. Once a conditional use is approved and exercised, said use may continue without further temporal constraints, provided that the use complies with its intended purpose, or city approved modifications thereafter, and does not violate any codes, subject to the following: a. An approved conditional use permit shall be valid for a term approved and conditioned by the city council. b. An extension of the time limit for an approved conditional use may be granted by the city council, at its sole discretion, without further notice and hearing, if the following findings are made: (1)There are no outstanding city code or conditional use permit violations on the subject property. If such violations exist,they may be conditioned by the city council to be cured as a condition of the extension of time; (2) The conditional use, as previously approved, remains in the best interests of the health,safety,and general welfare of the city; (3) There have been no significant changes to this code between the date of conditional use approval and the date of the time extension request that would require substantial modifications to the project; (4) There are no hazardous conditions which have developed or have been discovered on the project site;and (5)The public facilities and services required for the project remain adequate. • Eagle City Code Section 8-2A-10:APPLICATION REQUIREMENTS: Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or otherwise change the use of the building or structure in the Design Review Overlay District, the applicant must file an application,upon a form prescribed by the Council,with the Zoning Administrator. All application materials supplied or presented to the City including presentation boards, materials boards and documentation are part of the public record and shall become the property of the City. The applicant may be required to supply the City with colored photos of the presentation boards if determined by the Zoning Administrator. The size of the photos shall be determined by the Zoning Administrator and the boards may be returned to the applicant if the photos are provided to the City. Page 7 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Brunel Vineyard PZF.doc Design review applications for any commercial building larger than one hundred twenty (120)square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer. Applications shall be accompanied by appropriate architectural and site development plans as may be required by the Zoning Administrator and in accordance with the requirements set forth in this article. The plans shall be legible,to scale and shall include,at a minimum: A. Site Plans Showing: 1. Roofline and foundation plan of building, located on the site; 2. Location of existing trees and structures,if any; 3. Location and dimensions of streets and highway designations; 4. Location and dimensions of off street parking and loading facilities; 5. Location and dimensions of points of entry and exit for vehicles and internal circulation patterns; 6. Location of walls and fences and indication of their height and material of construction; 7. Exterior lighting standards and devices including detailed cut sheets and photometric plan(pedestrian,vehicle, security,decoration); 8. Landscape plan; 9. Scale and north arrow; 10. Location and designation of all rights-of-way and property lines. B. Architectural Plans Showing: 1. Building materials; 2. Four(4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by the Zoning Administrator; 3. Proposed color schemes of entire building, including roof; 4. Site photographs(snapshots)of the site itself and adjacent properties to intersections; 5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the Zoning Administrator; 6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination;and 7. Scale drawings showing the placement and size of all roof mounted mechanicals and the screening of such equipment by a parapet wall or within the roof system. (Ord. 462, 11-11-2003) C. Engineered Grading And Drainage Plans: 1. A generalized drainage plan showing direction drainage with proposed on site retention. Page 8 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Brunel Vineyard PZF.doc 2. Upon submittal of building/construction plans for an approved design review application, a detailed site grading and drainage plan, prepared by a registered professional engineer (PE) or licensed landscape architect (ASLA), shall be submitted to the City for review and approval by the City Engineer. 3. a.Upon the completion of the site grading and drainage structure installation,or other improvements subject to City Engineer approval, a written certification of completion shall be prepared by the registered professional engineer (PE) or licensed landscape architect (ASLA) responsible for the plan. The certification of completion shall state that the installation of all drainage improvements are in substantial compliance with the City approved drainage plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of, and not in lieu of, the inspections performed and certificates issued by the City. b. In the event that deficiencies are present after the site grading and drainage structure installation, or other improvements subject to City Engineer approval, the registered professional engineer(PE) or licensed landscape architect (ASLA) shall prepare and file with the City a report noting the deficiencies in the installation. The City will not accept the certification of completion, or issue a certificate of occupancy, until the registered professional engineer (PE) or licensed landscape architect(ASLA) has verified that the deficiencies have been corrected. (Ord. 618, 2-17-2009) D. Existing Structures and Sites: Applications involving conversion, remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain information sufficient in content and detail so that the Design Review Board and/or Zoning Administrator may be assured the applicant complies with the provisions of this article. C. PUBLIC HEALTH AND SAFETY CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN: • Eagle City Code Section 4-9-3(A): Public Disturbance Noise Prohibited: Between the hours of ten o'clock(10:00)P.M. one day and eight o'clock(8:00)A.M. the next day, it shall be unlawful for any person or business to make or cause loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, vibrating compaction equipment,vehicles with backup beepers engaged in reverse or moving in a reverse direction except for any vehicle being used for emergency purposes. other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. D. DISCUSSION: • The applicant is requesting conditional use permit approval for a vineyard, winery, and live entertainment events such as holidays, business, office, birthdays, wedding/engagement party, meeting fundraisers, and concerts. The existing 6,900 square-foot single-family residence will remain and be converted into a tasting room and live entertainment center within the 30-acres of the property. The applicant is requesting tasting and events to be allowed both indoors and outdoors on the site. Page 9 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-1 1-23 Brunel Vineyard PZF.doc • Pursuant to Eagle City Code Section 8-1-2, the type of uses that are being requested is defined as a Vineyard, winery, and live entertainment events. The specific uses to be held on site would be defined as vineyard, winery, and live entertainment use. Pursuant to Eagle City Code Section 8-2-3, vineyard, winery, and live entertainment events are conditionally permitted within the A-R (Agricultural-Residential) zoning districts. The site is currently zoned R-E-DA (Residential-Estates with a development agreement) and is shown on the City of Eagle Comprehensive Plan Land Use Map as Agricultural/Rural. • The applicant is proposing to host events Sunday-Thursday from the hours of 10:00 A.M. to 8:00 P.M and Friday-Saturday from 10:00 A.M to 12:00 A.M. Eagle City Code Section 4-9- 3(A) prohibits loud or offensive noise after 10:00 P.M. As the applicant is proposing the hours of operation for outdoor events should be limited between 10:00 A.M and 10:00 P.M. • The applicant is proposing to utilize the existing gravel driveway for access to the parking areas located on site. Pursuant to Eagle City Code Section 8-4-3, parking lots are to be improved with materials such as asphalt or concrete which provide a durable and dust free surface. Gravel or dirt surfaces are not permitted. The applicant should be required to improve the parking lot areas with materials such as asphalt or concrete. Gravel or dirt surfaces should not be permitted. • The applicant should submit a design review application including site and landscape plans showing any existing and proposed landscaping, trash receptacle storage location, site lighting, and parking lot striping. The applicant should also submit a design review applicant for the event center. The design review application shall be reviewed and approved by city staff prior to the issuance of a zoning certificate. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 6, 2024, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals who were in favor of the proposed conditional use permit for the following reasons: • The proposed uses are needed within this area to generate synergy to support the local wine industry. • Wineries operate year round and create additional jobs. • The city should be cautious about limiting events so it doesn't impact the wineries. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by five(5) individuals who were opposed to the proposed conditional use permit for the following reasons: • A concern about the number of scheduled events and the number of people attending those events. • Homer Road is a narrow rural road and will not support the additional traffic. • The proposed live entertainment events will have a detrimental impact on the surrounding properties. • The additional traffic on Homer Road will impact the pedestrians and bicyclists utilizing the road. Page 10 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-I I-23 Bnmeel Vineyard PZF.doc • Additional conditions should be added to address the number of events, operating hours, noise, and traffic. • There will be the potential for drinking and driving associated with the proposed uses. • There is not adequate parking which will cause vehicles to park on Gooder John Lane and Homer Road. • A few individuals built their homes to get away from neighbors. This will have a detrimental impact on their livelihood. • Music played at the events will impact the surrounding neighbors. • There are no streetlights in the area. • The live entertainment event venue does not fit within the area. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony received. A summary of the deliberation can be found at the following link (Granicus time: 01:54:10): https://eagle-id.granicus.com/player/elin/1874?meta id=94521 COMMISSION DECISION: The Commission voted 2 to 1 (McLaughlin against,McCauley and Smith absent)to recommend approval of CU-11-23 for a conditional use permit for a vineyard, winery, and live entertainment events, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to added by the Commission and strike through text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Vineyard, winery, and live entertainment events are the only uses approved with this conditional use permit(ECC 8-2-3). 2. The live entertainment event facility shall be limited to two(2)events per month. Each event shall not exceed one (1) day. Events between 101 and 250 guests shall be limited to 16 per year. This limitation does not apply to the tasting room within the facility. 3. All activities shall be conducted no closer than 150-feet to the perimeter of Bruneel Subdivision. 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 provide a revised site plan showing a minimum of 88-parking spaces on Lot 5,Block 1,Bruneel Subdivision prior to the issuance of a primary zoning certificate. 6. The applicant shall pave the 88-space parking area and the driveway providing access to the winery and tasting room prior to the issuance of a certificate of occupancy the wi ,:., two year of the date of vest. 7. T-he-applieafit-shal4-ebtain---a--seeendaning-eertifieate-pfier-te-the-eenstruetien-ef-the-g8-spaee per-king-area, 8. The applicant shall-pew the dt,i4teway{Let-63-pfier to the issuance of a priniefy zoning certificate. Page 11 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Bruneel Vineyard\Working Files\CU-1 1-23 Bruneel Vineyard PZF.doc 9. The applicant shall provide a certification letter from a registered professional engineer or a licensed landscape architect indicating that all drainage will be retained on site. The letter shall be provided prior to the issuance of a primary zoning certificate. 10. The applicant shall submit an engineered grading and drainage plan in accordance with ECC Section 8-2A-10(C)prior to the issuance of a secondary zoning certificate. 11. The applicant shall obtain a primary zoning certificate prior to the operation the vineyard and winery on the site. 12. The applicant shall obtain a secondary zoning certificate prior to the operation of the live entertainment event facility. 13. The hours of operation shall be limited between 10:00 A.M to 10:00 P.M 14. Approval of a design review application for the entire site, including the live entertainment event facility,is required prior to the issuance of the primary zoning certificate. 15. A building permit is required prior to the conversion of the existing single-family dwelling. 16. Outdoor storage is prohibited. 17. Parking shall be prohibited on Gooder John Lane and Homer Road. 18. No signs are proposed with this application,and none are 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 any building permits or Certificate of Occupancy, whichever occurs first. 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. Page 12 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Bruneel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping,fencing,lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. 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. Page 13 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Bnmeel Vineyard PZF.doc 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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 Commission and/or 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/or the Planning and Zoning Commission 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. Page 14 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Brunel Vineyard PZF.doc 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change 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. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 26. 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 Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-11-23) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional uses: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a vineyard, winery, and live entertainment event venue may be permitted within the A-R-DA zoning district with the approval of a conditional use permit; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since the applicant will be required to meet the conditions of approval associated with the conditional use permit; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the property is currently being utilized for the production of grapes and the winery production buildings will not impact the neighbors based on the location of the buildings. Also, the number of events, number of attendees, and the operation hours associated with the live entertainment events venue will be limited (as conditioned herein); D. Will not be hazardous or disturbing to existing or future neighborhood uses since the number of events,number of attendees,and the operation hours associated with the live entertainment events venue will be limited(as conditioned herein); E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, and refuse disposal; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community, since the applicant will bear all costs of development and the proposed uses will not require any public facilities beyond what is already in place; Page 15 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Brunel Vineyard\Working Files\CU-11-23 Brunel Vineyard PZF.doc G. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, since the capacity of the adjacent roadways has been found to be adequate by the ACHD and since the number of events,number of attendees, and the operation hours associated with the live entertainment events venue will be limited; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as approved by the ACHD, since ACHD has reviewed the application and is not requiring any additional improvements to the adjacent roadways;and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, since the trees located within the site will be maintained at their current locations. 2. Failure to comply with all provisions and any condition of approval of this conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit,modify existing permit conditions,or revoke all or part of the permit. DATED this 20th day of May 20,2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Vd) Trent Wright,Chairma ,•,,,•.•••u•••,••• AT EST: -01 OFF, ••�� •G• OApOR1„�i�s� • • .. • Trac . Osborn, ity Clerk # ��SEA '• •• OF 1I) OOOO Page 16 of 16 K:\Planning Dept\Eagle Applications\CU\2023\CU-11-23 Bruneel Vineyard\Working Files\CU-11-23 Bruneel Vineyard PZF.doc