Findings - CC - 2024 - CU-11-23 - Conditional Use Permit for a Vineyard, Winery, and Live Entertainment Events •
BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on June 11,2024, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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).
*Note: The live entertainment events use was withdrawn by the applicant following the City
Council public hearing.
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 the 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.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
May 24, 2024. Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 24, 2024.
The site was posted in accordance with the Eagle City Code on June 3,2024.
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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).
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 Development Agreement Rezone Modification Application submitted by the applicant(RZ-12-
18 MOD).
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
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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.
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 Building:
The applicant is proposing to convert the 6,900 square-foot existing single-family residential
dwelling into a tasting room,offices and storage.
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).
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K. PARKING ANALYSIS:
Required Total for Tenant Area[based on ECC Section 8-4-5 requirements for wine tasting room,
storage,and office space]:
Total Required: 88—on site parking spaces
Total Existing: 90—on site parking spaces
Required Total for Tenant Area[based on wine tasting room,storage, and office space.1:
Wine Tasting Room 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 Department.
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
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R. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Marty Telford,dated April 23, 2024.
Correspondence received from Kim Giannecchini and Pat Coleman,dated April 25,2024.
Correspondence received from Patrick Declusin,dated April 26,2024.
Email correspondence received from Bill and Helsi Winterbum,dated May 1,2024.
Email correspondence received from Katy Gates,dated June 4, 2024.
Email correspondence received from Amanda Gates,dated June 4,2024.
Email correspondence received from Misty Gates,dated June 4,2024.
Correspondence received from Barb Jekel,date stamped by the City on June 4,2024.
Email correspondence received from Marty and Carol Telford,dated June 4,2024.
Correspondence received from Mitch and Laurel Schwartz, date stamped by the City on June 3,
2024.
Email correspondence received from Denise Smith,dated June 4,2024.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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.
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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 8-2-1: Districts Established,Purposes and Restrictions:
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.
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.
• 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;
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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;
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;
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(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.
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.
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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.
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.
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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.
• 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:
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• 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.
• 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/clip/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
site specific conditions of approval and standard conditions of approval as provided within their findings
of facts and conclusions of law document,dated May 20,2024.
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PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record [Granicus time
1:37:50]https://eagle-id.granicus.com/player/clip/1886?meta id=96009)
A. A public hearing on the application was held before the Eagle City Council on June 11, 2024, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the application was presented to the City Council by six (6) individuals
(not including the applicant/representative)who indicated the following:
• They support a viniculture use on the site.
• The proposal will maintain open green space within the area.
• People are moving to the area for the wineries.
• The proposed use will protect farmers from subdivision encroachment.
• The applicant has always respected his neighbors and it is his intention to build a nice winery
with an events center.
• The applicant will address any concerns of the neighbors when needed.
• The vineyard,winery,and events center will create jobs.
• The applicant will offer vinicultural courses.
• There are steps the applicant will take to address the neighbor's concerns.
• The rooms within the building can be designed to address any capacity issues associated with
receptions.
• The proposed uses will provide an active community.
• The proposed uses will not impact wildlife within the area.
•
C. Oral testimony in opposition to the application was presented to the City Council by thirteen (13)
individuals who were opposed to the proposed conditional use permit for the following reasons:
• A live entertainment event facility will not be harmonious with the surrounding area.
• A concern about the number of scheduled events and the number of people attending those
events.
• Homer Road is a narrow rural road without streetlights, a centerline, and shoulders; therefore, it
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.
• There will be the potential for drinking and driving associated with the proposed uses.
• 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.
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• The live entertainment event venue does not fit within the area.
• New lighting within the property will have a detrimental impact on the surrounding neighbors.
• As part of the approval the other wineries within the area were restricted on the number of people
who may visit the tasting rooms.
• Based on the location of the live entertainment events facility being located on the hill sound will
travel easier than if the facility were not located on a hill.
• A parking lot is prohibited in the A-R(Agricultural-Residential)zoning designation.
• Outdoor music should not be permitted.
• A neighborhood committee should be formed to address uses within the areas.
• Vineyards will not buffer noise to the surrounding properties.
• There is only one access to the live entertainment events facility, which will be a safety issue for
emergency access.
• The property is located within a wildfire urban interface area; therefore, a wildfire caused from
uses on the property will create a safety concern.
• The number of events and individuals attending those events will not be monitored.
• The comprehensive plan does not support the proposed live entertainment events facility.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by nine(9)individuals who indicated the following:
• They support the vineyard and winery; however,they are opposed to the live entertainment event
facility.
• Sound coming from the tasting room and/or live entertainment event center should not exceed
65dB at the property lines. The applicant should be required to submit a sound study.
• A concern about the impact on potable wells and septic systems within the area.
• The applicant should be required to provide a wildfire study.
• The number of people utilizing the tasting room should be limited by the hour.
* Note: Following the public hearing and during rebuttal, the applicant withdrew the live entertainment
event use from the proposal.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-11-23 for a conditional use permit for a vineyard and winery
with the following Planning and Zoning Commission recommended site specific conditions of approval
and standard conditions of approval with underline text to be added by the Council and strike through text
to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Vineyard and winery, and live entertainment events are the only uses approved with this conditional
use permit.
2.
exceed one (1) day. Everts between 1-01 and 250 guests shall be limited to 1-6
li itnt. d. et. ply to the tnstin ithi the f ility
3. All activities shall be conducted no closer than 150-feet to the perimeter of Bruneel Subdivision.
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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,Brunel 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 within t e years efthe date-of
this approval or prior to the conmenzeement of any live entertainment events on the site, whichever
Est.
7. The applicant shall obtain a seeefidafy zoning certificate
pera_
8.
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. Th, lieant ,Shull-obt d L— rcat� to th erat:on of the l_„e
ztxc-Ql3pixvcsxrt— cctixr-crS@E9i�aR�'3 �iiir�c co--�Hi6�- :y...»...,.. _ ..... ..
13. The hours of operation shall be limited to Sunday-Thursday between the hours of 10:00 AM to 8:00
PM and Friday-Saturday to between the hours of 10:00 A.M to 10:00 P.M.
14. Approval of a design review application for the entire site
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
19. The applicant shall submit a sound study prepared by a qualified acoustic engineer which certifies any
amplified sound at the property lines shall not exceed 65dB. The sound study shall be provided 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.
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.
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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 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.
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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.
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.
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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.
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 Council 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 and winery 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;
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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;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the live
entertainment events use was withdrawn from this proposal by the applicant and since the use of
food trucks will not be permitted. The property is currently be utilized for vineyards and applicant
is required to provide a sound study indicating the sound levels at the property lines shall not
exceed 65dB;
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;
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 ACHD and since the applicant is required to provide
a sound study indicating the sound levels at the property lines shall not exceed 65dB;
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 ACHD, since ACHD has
reviewed the application and is not requiring any additional improvements to the adjacent
roadways and since parking is prohibited on Gooder John Lane and Homer Road as conditioned
herein;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.
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DATED this 25th day of June,2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Bra Pike,Mayor _
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