Findings - DR - 2019 - DR-30-19 - Gem State Brewing - Construct Microbrewery At 281 293 East State StreetBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A
MICROBREWERY BUILDING (GEM STATE
BREWING) FOR GSP PROPERTIES, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -30-19
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 23, 2019. The Design Review Board having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
GSB Properties, LLC, represented by Walt Lindgren with Lindgren:Labrie Architecture, is requesting
design review approval to construct a 4,953 -square foot microbrewery building for Gem State Brewing.
The 0.29 -acre site is located on the south side of East State Street approximately 175 -feet east of South
21x1 Street at 281 and 293 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 17, 2019. Revised materials were
received by the City on May 9, 2019 (alternate method of compliance) and May 13, 2019 (building
elevations, floor plans, site plan, and landscape plan).
C. NOTICE OF AGENCIES' REVthW:
Requests for agencies' reviews were transmitted on April 19, 2019, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2012, the City approved a design review application to change the exterior paint color of
the building located at 293 East State Street (DR -18-12).
On May 22, 2012, the City approved a design review application for a monument sign for Corals 4
Cheap (DR -27-12).
E. COMPANION APPLICATIONS: DR -31-19 (Gem State Brewing sign)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
COMP PLAN
DESIGNATION
Downtown
Proposed No Change
North of site Downtown
South of site Downtown
East of site Downtown
West of site Downtown
ZONING
DESIGNATION
CBD (Central
Business District)
No Change
CBD (Central
Business District)
R-12 (Residential)
CBD (Central
Business District)
CBD (Central
Business District)
G. DESIGN REVIEW OVERLAY DIS'iRICT:
This site is located in the 1DA (Transitional Development Area)
H. URBAN RENEWAL DISTRICT: Yes
I. EXISTING Si'i'E CHARACTERISTICS:
LAND USE
Vacant Vet Clinic (animal
hospital)
Microbrewery Building
Zen Bento, Sweet Valley Cookie,
City of Eagle Senior Center
Eagle Crest Apartments
Idaho Power Substation
One Haute Cookie, Boise Cakery
The site has mature trees and an eight -foot wide sidewalk with two street trees and one historic
streetlight pole adjacent to East State Street. There is an existing cinder block building that is proposed
to be removed.
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J. SH'E DATA:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback (North)
Rear Setback (South)
Side Setback (West)
Side Setback (East)
PROPOSED
0.29 -acres (12,777 -square feet)
31% (approximately)
19% (approximately) (including the
patio and landscaping in the ROW)
10 -parking spaces
(8 -parking spaces on site, 2 -on street
parking spaces)
2 -feet (northeast corner) to 10 -feet
(northwest corner)
45 -feet
10 -feet
29 -feet
REQUIRED
500 -square feet
20% (minimum) to 85%
(maximum)*
10% (minimum)
9 -parking spaces (minimum)
10 -feet (minimum) to 25 -feet
(maximum)*
0 -feet (minimum)
0 -feet (minimum) to 10 -feet
(maximum)*
0 -feet (minimum) to 10 -feet
(maximum)*
*Note: Setback and lot coverage required within the Transitional Development Area (TDA).
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Microbrewery: 2,310 -square feet (tap room)
2,178 -square feet (production area)
150 -square feet (office)
4,953 -square feet total
Restaurant, dining rooms, taverns, nightclubs, etc. — 1 per 150 -square feet of gross floor area
Industry (custom) — 1 per 1,000 square feet gross area used for industrial purposes: plus 1 per 300
square feet office or sales area
Tap Room - 2,310 -square feet/150 = 15.4 -parking spaces
Production Area — 2,178 -square feet/1,000 = 2.1 -parking spaces
Office — 150 -square feet/300 = 0.50 -parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150 -square feet of gross floor area for
"restaurant, dining rooms, taverns, nightclubs, etc.", 1 parking space per 1,000 -square feet of gross
floor area: plus 1 parking space per 300 -square feet for an office or sales area for "Industry
[custom]."
Proposed Parking Spaces: 10 (8 -parking spaces on site, 2 -parking spaces on street)
Required Parking Spaces: 9 -parking spaces (already reduced by 50% per Eagle City Code Section 8-4-
5
)
•
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Eagle City Code Section 8-4-5 states that parking located within the i'DA shall be reduced by 50% for
all nonresidential uses and adjacent on street parking shall be included in the minimum requirement.
L. GENERAL SilE DESIGN FEATURES:
Number and Uses of Proposed Building:
The applicant is proposing to construct one (1) building to be utilized as a microbrewery.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 29' 6" high single -story structure with a mezzanine.
Gross Floor Area of Proposed Buildings:
The proposed microbrewery is approximately 4,953 -square feet.
On and Off -Site Circulation:
A 5,891 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 14 -foot, 4 -inch wide one-way driveway is located on the north property line provides access to the
site from East State Street. One 34 -foot 6 -inch wide driveway is located on the south property line and
provides egress from the site to the adjacent alley.
M. BUll.DING DESIGN FEATURES:
Roof: Single ply membrane (white)
Walls: Thermawall stucco (SW7004 Snowbound), thin brick veneer (Coronado Stone Tribeca),
reclaimed wood siding, Thermawall flat metal siding (Charcoal)
Windows/Doors: Aluminum (Charcoal), vinyl window (chestnut bronze)
Fascia/Trim: Metal (SW6988 Bohemian Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are five existing trees located on the site
and two street trees located north of the site within the right-of-way. The type of trees are Elm (four),
Burr Oak (one), Ginkgo (one), and Chanticleer Pear (one). The applicant is proposing to remove one
existing tree from the site which will require mitigation as identified within Eagle City Code Section
8 -2A -7(C), and the remaining six trees will be protected and retained. Below is a list of all existing
trees proposed to be removed with their respective conditions identified within the landscape plan, date
stamped by the City on April 17, 2019.
Tree Specie Caliper / Height Condition Replacement Inches
per ECC
Burr Oak 39" Good 39"
Elm Unknown Good Protect and Retain
Ginkgo (Street Tree) Unknown Good Protect and Retain
Chanticleer Pear (Street Unknown Good Protect and Retain
Tree)
Total caliper inches of trees required to be replaced on site 39"
Tree Replacement Calculations: The applicant has requested an alternate method of compliance
regarding mitigation. See page 17 for further discussion.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along East State Street.
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 6% is proposed.
O. 11I'RASH ENCLOSURES:
A trash bin is proposed to be located behind a six-foot tall white solid vinyl fence and gate on the
west side of the building. The bin will be pulled out on the day of pickup.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -31-19) has
been submitted for the approval of a building sign.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON F'UTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SI'I'E FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek — yes — tiled drainage ditch located on the east side of the property
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
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W. SUMMARY OF REVIEW OF ENVIRONMEN'I'AL ASSESSMENI' PLAN (th' REQUIRED): Not
required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Idaho Transportation Department
Y. LETTERS FROM THS PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
'MIS PROPOSAL:
• Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary
residential and other related uses are encouraged. The greatest possible concentration of retail
sales and business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Residential only development should be discouraged. Land within
this district is the only place to utilize the CBD zoning designation. Other zones within downtown
Eagle may include Mixed Use, Residential, Commercial, and Professional Office.
• 6.17 Downtown Eagle Planning Area.
Downtown Eagle should function as a regional center for destination retail, cultural, education,
government, office, and residential uses. It will have a vital retail core that transitions in use and
character to healthy and inviting residential areas and adjoining employment areas. In addition to
serving as a regional center, the Downtown Eagle Area will provide neighborhood -serving uses
that help meet the daily needs of its residents and employees. (Comp plan page 119)
Development in the Downtown Eagle Area should be designed to:
• Establish a distinctive, well maintained and well -branded downtown;
• Create a well -organized multi -use community that promotes the live, work, play, and recreate
lifestyle;
• Promote and support a strong and vibrant business community;
• Create an interconnected community that allows access to and across the regional highway
system; and
• Promote and develop a unique downtown that supports pedestrian, bicycle, and transit
connectivity. (page 120)
• L. Promote the City's vision to potential employers, developers, and businesses. Work with land
owners, residents and the Chamber to promote Eagle as being Open for Business. (Comp plan
page 126)
• M. Expedite the development approval process creating a competitive development environment
when compared to neighboring jurisdictions. Look at zoning and design review process to ensure
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that development that fits the City's vision for the downtown is easily approved. (Comp plan page
126)
• Q. Allow for the intermingling of daily convenience uses (grocery, cleaners) with destination uses
(restaurants, pubs, and art galleries). (Comp plan page 126)
• GG. Establish design criteria that promotes the incorporation of historical architectural elements
into new buildings to complement and provide support to the historic charter of the area. (Comp
plan page 128)
• HH. Encourage innovative designs that complement the setting in which a building is being
placed as opposed to strict adherence to a specific architectural style. (Comp plan page 128)
• 6.17.3 OLDE TOWE PLANNING AREA
Olde Towne Eagle should maintain the quaint feel of a traditional town center; as the active
community center and community gathering place for the City. The character of Olde Towne is
generally defined by its pedestrian -scale (attached sidewalks, store fronts with large windows at
the sidewalk, and open space amenities), ensuring context sensitive design complementing the
most significant historic structures. A traditional mix of retail, residential, office, and public uses
is to be maintained. State Street should be the focus for the highest intensity of uses in the area.
(Comp plan page 129)
• Enhance Olde Towne's visibility and its iconic imagery as the heart of the City, it is important
that Old Towne be easily identified and leave a very positive impression on everyone who sees it.
It should look like a place in which one wants to explore, linger, work, and live. (Comp plan page
131
)
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-3: Effect of Other Provisions:
If any provision of this article is found to be in conflict with any other provisions of any zoning,
building, fire safety or health ordinance or other provision of this Code, the provision which
established the higher and/or more restrictive design standard shall prevail. However, in order to
foster rehabilitation of older districts and comply with unforeseen future needs of the overlay
districts, the City Council may, at their discretion, suspend or relax some or all requirements
found in this article, if the City Council determines a particular site, setting, or use to have special
and/or unique circumstances to warrant an exception to the requirements.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations:
B. Architectural Requirements, Building Materials, Fence, and Deck/Patio Materials, Colors, and
Architectural Appurtenance Height Limitations.
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1. Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have
a silicon polyester finish or equivalent, and shall include special design treatments to
enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the face of
the building oriented toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped,
designed, and situated, to eliminate the stark utilitarian look intended to be prevented by
this subsection.
In addition to the metal siding prohibition listed in this subsection B 1 k, metal siding shall
be prohibited in the DDA, TDA, CEDA design review overlay district areas.
3. Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style
of fence proposed is complementary to the building architecture and overall site design;
D. Transitional Development Area: TDA shown on exhibit A-1 within the EASD book.
1. Purpose: To serve as an area of future expansion to the central business district as market
demands grow and to provide an area to accommodate public parking and service to the
central business district.
2. Architectural Character:
f. Facade: All buildings shall include a "storefront" on the ground floor consisting of a
minimum of fifty percent (50%) glass. Floors above the main floor shall have a
minimum of twenty five percent (25%) glass.
h. Building Entries: Building entries facing a street shall be recessed a minimum of four
feet (4'). Exceptions may be permitted if another building entry design feature can meet
the intent of this requirement and is approved by the design review board and city
council.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set
forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall
control:
a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
b. Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
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5. Landscaping And Streetscape: All landscaping shall comply with the landscape
requirements contained in section 8-2A-7 of this article. Other streetscape and design
elements shall comply with the requirements contained within subsection G of this section.
G. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the city. In areas anticipated
to have higher concentrations of pedestrian use wider sidewalks and a further varied number of
amenities are to be made available to enhance the pedestrian experience and to further
encourage the health of the business community. Examples of streetscape design and
amenities are shown within the EASD book.
At a minimum, the following specific streetscape criteria shall apply:
1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article.
Any tree located within a concrete area shall include tree grates and tree wells as depicted on
the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to
limit future sidewalk damage from tree roots.
2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlight exhibit within
the EASD book.
3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within
the EASD book.
4. Streetlights within the DDA and TDA shall be located a maximum distance of one hundred
feet (100') apart except as specified in subsection G6 of this section. Said streetlights are not
required to be located in alignment across the street from each other.
11. Furnishings shall be required for all applications incorporating streetscape improvements,
pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches,
seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste
receptacles and other similar amenities as may be approved by the design review board.
Furnishing examples are depicted within "urban accessories" section of the EASD book.
13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the
curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip
between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it
shall be constructed to match the sidewalk exhibit within the EASD book, consisting of
smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be
constructed generally as shown on the bulb out exhibit within the EASD book and shall be
required at all intersections, except that bulb outs shall not extend into any roadway designated
as an arterial or collector as shown on the Ada County long range highway and street map
unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk
section may be permitted if the design review board finds that the preservation of existing
trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six
feet (6') in width.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Requirements:
C. Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
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(or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree Replacement
1 inch to 6 inches caliper
6'/a inches to 12 inches
121/4 inches or more
•
2x caliper of tree removed
1.5x caliper of tree removed
lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar,
cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar
maladies may be exempt from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
K. Parking Lot Landscaping:
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views of
parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along the
roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot,
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and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from
the right of way to the parking lot, and plant with a minimum of one shade tree and five
(5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete
along with a four foot (4') wide landscaped strip between the right of way and the parking
lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing that
the overall planting design, at the time of planting, results in an effective barrier such
that the landscape strip shields the view of parked cars from passing pedestrians and
motorists; and
(B) Any such proposed design alternative is compatible with the overall site design of
the entire project and is compatible with the surrounding area.
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
4. Parking Lot Interior Landscaping:
b. Additional Requirements:
(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched
to a height of six feet (6').
(5) A terminal island for a single row of parking spaces shall be landscaped with at least
one tree and shrubs, ground cover, or grass. A terminal island for a double row of
parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or
grass.
L. Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views,
establish a pleasing view for motorists, and create a safe and pleasant corridor for
pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade
tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2)
ornamental or two (2) evergreen trees may be substituted for one shade tree.
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M. Parkway Strips, Separated Sidewalks, And Street Trees:
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
O. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more of
the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how
the proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified
in the application submitted under subsection 02 of this section. If the application is
approved, the amount to be contributed by the applicant will be based upon the total caliper
inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous
trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical
foot for coniferous trees shall be determined by resolution of the city council. The applicant
shall have the right to review and consider the value determination, and following said
review, to reapply for other alternative methods of compliance, without prejudice, in
accordance with subsection 02 of this section.
C. DISCUSSION:
• The applicant is requesting design review approval to construct a 4,953 -square foot microbrewery
building. There is an existing building on site that will be removed. The applicant's justification
letter states that the primary building materials will be brick veneer, stucco, and metal and
reclaimed wood siding. The letter also states that the overall design, including the flitch kickers at
the front awning, include elements of both the Craftsman and Italianate styles of architecture
identified in the Eagle Architecture and Site Design book. Staff defers comment regarding the
building design and colors to the Design Review Board.
• The site plan identifies a six-foot tall white solid vinyl fence and gate on the west side of the
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building where the trash totes will be stored. Eagle City Code Section 8-2A-6(B)(3)(d), states that
a vinyl fence may be permitted if the City determines that the style of fence proposed is
complementary to the building architecture and overall design.
North Building Elevation
Existing Vinyl Fence (west a ro . erty line
The applicant should be required to provide a revised site plan showing the fence located on the
west side of the building to be a tan color that is complementary to the building. The revised site
plan and fence detail should be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
• The north building elevation shows 51% of glass on the main floor store front and 16% glass on
the second floor. Pursuant to Eagle City Code Section 8-2A-6(D)(2)(f), all buildings are to
include a "storefront" on the ground floor consisting of a minimum of 50% glass and floors above
the main floor shall have a minimum of 25% glass. The window sizes proposed on the second
floor match the window sizes on the west, east, and south building elevations. In addition, the
first -floor parapet wall prevents visibility of a portion of the second -floor windows. Staff defers
comment regarding the second -floor window percentage to the Design Review Board.
• The landscape plan identifies shrubs planted between the parking lot and East State Street. In
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addition, the landscape plan identifies a three-foot wide landscape strip located on the east
property line planted with shrubs. Pursuant to Eagle City Code Section 8 -2A -7(K)(2), a lO-foot
wide landscape strip located between the parking lot and right-of-way is required to be planted
with a minimum of one shade tree and 1O -shrubs per 35 -linear feet of frontage. Pursuant to Eagle
City Code Section 8 -2A -7(K)(3), a five-foot wide perimeter landscape strip is required between
the property line and the parking lot, and planted with a minimum of one shade tree and five
shrubs per 35 -linear feet of perimeter. The number of shrubs identified between the parking lot
and east property line exceed code requirements, however, no trees are proposed. The number of
shrubs proposed between the parking lot and East State Street meets code requirements. The
transmittal response from Drainage District No. 2, states that no trees can be planted within the
25 -foot wide drainage easement (starts from the east property and goes west 25 -feet). The
applicant should be required to provide a revised landscape plan showing the landscape strip
between the parking lot and east property line at five -feet wide. The revised landscape plan
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The landscape plan identifies an existing tree located at the southeast corner of the site and within
the 25 -foot drainage easement. The tree identified was removed by a previous owner two years
ago when the drainage ditch was tiled. The location of the tree is now shown within an terminal
landscape island adjacent to parking. Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(5), a
terminal island for a single row of parking spaces is required to be planted with one tree and
shrubs. Pursuant to the Drainage District No. 2 transmittal response, no trees are permitted within
the 25 -foot drainage easement. The applicant should be required to provide a revised landscape
plan removing the existing tree located in the southeast corner of the site. The revised landscape
plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Staff
defers comment regarding tree requirement within the terminal island to the Design Review
Board.
• The landscape plan identifies a small area of shrubs east of the building between two areas of the
sidewalk adjacent to the building where the ADA ramp is located.
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The applicant should be required to provide a revised landscape plan removing the six shrubs
located east of the building between two sidewalk areas where the ADA ramp is located. The
revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
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certificate.
• Eagle City Code Section 8-2A-3 states, "...in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay districts, the City Council may, at their
discretion, suspend or relax some or all requirements found in this article if the City Council
determines a particular site, setting, or use to have special and/or unique circumstances to warrant
an exception to the requirements." The discussion items below identify TDA (Transitional
Development Area) City code provisions that the applicant is requesting City Council approval of
an exception (via the discretion provided in ECC Section 8-2A-3).
o The site plan identifies the front setback at 2 -feet at the closest point to 10 -feet at the furthest
point, a rear setback of 45 -feet, and side setbacks of 10 -feet (west) and 29 -feet (east). Pursuant to
Eagle City Code Section 8-2A-6(B)(3)(a-b & f), buildings located within the TDA are required to
have a front building setback of 10 -feet minimum to 25 -feet maximum and a side setback of 0 -
feet minimum to 10 -feet maximum.
Aerial View
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The angle of the right-of-way contributes to the difference in the front setback from 2 -feet to 10 -
feet. The front of the building is 16 -feet from the back of sidewalk, provides a patio area north of
the building, and provides a storefront look that is required within the TDA. Pursuant to Eagle
City Code Section 8-2A-3, the City Council may permit the building in the proposed location if
the City Council determines the site has special and/or unique circumstances to warrant an
exception to the requirement.
Staff defers comment regarding the setbacks to the Design Review Board and City Council.
o The landscape plan shows an existing eight -foot wide sidewalk adjacent to East State Street.
Pursuant Eagle City Code Section 8 -2A -6(G), sidewalks within the TDA are required to be a
minimum of 10 -foot wide and abut the curb or the sidewalk is required to be a minimum of 8 -feet
wide with a 10 -foot landscape strip between the sidewalk and curb.
The applicant's justification letter states that they are requesting the requirement to construct a
sidewalk which matches the exhibit found in the EASD book be waived due to the following
reasons: 1) properties located east of the site have not been required to modify their sidewalk, 2)
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variations to the exhibit in the EASD book have been approved within the downtown, 3)
significant repairs along East State Street will require the sidewalk to be removed and replaced,
and 4) there may be changes to the sidewalk exhibit in the future which would not match the
current exhibit (6 -foot concrete sidewalk with a 3 -foot square score pattern, and 4 -foot furnishing
zone finished in clay pavers around the sidewalk which was approved for the Aikens Street
extension).
EASD Book Exhibit
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Existing Sidewalk
Variations of the required sidewalk in the downtown have been approved in the past by the Board
and Council for properties with existing sidewalks. The sidewalks were still required to be a
minimum of 10 -feet wide and the "running bond" brick was required to be installed behind the
existing sidewalk.
Alternate Sidewalk (showin 5 -foot "running bond" brick behind existin sidewalk)
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Pursuant to Eagle City Code Section 8-2A-3, the City Council may permit an alternate sidewalk
design if the City Council determines the site has special and/or unique circumstances to warrant
an exception to the requirement.
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Staff defers comment regarding the sidewalk to the Design Review Board and City Council.
o There are five existing trees on the site and two street trees located north of the site. The applicant
is proposing to retain four trees on site, remove one tree from the site, and retain the two street
trees located north of the site. The mitigation required for the 39 -caliper inch Burr Oak Tree is
39 -caliper inches. The landscape plan contains a note that states the caliper inches of trees being
retained on site should be counted toward mitigation requirements, however, existing trees can
only be utilized to meet minimum landscape requirements. Pursuant to Eagle City Code Section
8 -2A -7(C), the required mitigation is 39 -caliper inches.
Burr Oak Tree
The applicant has submitted an alternate method of compliance application to request approval of
the tree removal and waiver of the mitigation requirements. See the applicant's justification letter
for further information.
If the Council approves the removal of the 39 -inch Burr Oak tree without mitigation, then
additional conditions are not necessary.
If the Council requires mitigation, then the site specific conditions are provided for Council
consideration.
Pursuant to Eagle City Code Section 8 -2A -7(C)(1), the applicant should be required to:
a. Plant an additional 39 -caliper inches on site.
- OR-
b. Contribute $6,825.00 to the tree fund.
- OR-
c. A combination of a and b.
Staff defers comment regarding the removal of the tree and alternate method of compliance
request to the Design Review Board.
Staff defers comment regarding the tree requirements to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 23, 2019, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:08:50)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board recommends that the City Council implement the flexibility granted by Eagle City Code
Section 8-2A-3, which states, "in order to foster rehabilitation of older districts and comply with
unforeseen future needs of the overlay districts, the City Council may, at their discretion, suspend or
relax some or all requirements found in this article, if the City Council determines a particular site,
setting, or use to have special and/or unique circumstances to warrant the exception to the
requirements." The Board recommends the determination that this site does in fact contain special and
unique circumstances to warrant exceptions to the requirement as noted herein.
• The Board is in favor of the architectural design, materials, and colors of the building elevations. The
site is located within the Transitional Development Area (TDA), is within the Olde Towne Planning
Area (comp plan page 129), and the Board recommends additional architectural features (from the
Craftsman and Italianate architectural styles) be added to the building (first floor portion of the
building) which complements the historic character of the area present within the overlay districts (i.e.
pitched/gabled elements, elements present on other existing buildings within the downtown, etc.). Site
specific condition no. 16 has been added to address the Board's architectural concerns.
• The Board is in favor of a white vinyl fence on the west side of the building which is consistent with
the neighboring fence (which is why site specific condition no. 1 is stricken).
• The Board is in favor of the percentage of glass proposed on the north building elevation.
• The Board is in favor of the existing 8 -foot wide concrete sidewalk located adjacent to East State Street
due to it being consistent with the surrounding sidewalks in the area.
• The Board recognizes the limitations of the site including: a 25 -foot wide drainage easement, irregular
shaped property lines, setbacks, and existing large oak tree. During their deliberation the Board
recommended approval of the removal of the tree and recommended some level of mitigation, however,
due to the site constraints, the Board deferred the tree mitigation matter to the City Council in its
entirety.
• The Board is in favor of the metal siding utilized on the east, west, and south building elevations due
to the location of the material and additional elements that limit the visibility of the metal siding.
BOARD DECISION:
The Board voted 5 to 0 (Brasher and Grubb absent) to recommend approval of DR -30-19 for a design
review application fora 4,953 -square foot microbrewery building for Gem State Brewing for GSB
Properties, LLC, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board and text shown with
strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
4 .
that -is
: -
- :
.
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certificate.
2. Provide detailed cutsheets for all patio furniture showing the color, style, etc. The detailed cutsheet
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a certificate of occupancy.
3. Provide a revised site plan showing all overhead powerlines, cables, and telephone service systems to
be installed underground. The revised site plan shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
4. Provide a revised landscape plan not showing six shrubs located east of the building between two
sidewalk areas where the ADA ramp is located. The revised landscape plan shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
5. Provide a lighting plan identifying the location and height of all building and site lighting. The
lighting plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
If the City Council approves the site plan as proposed (as permitted by Eagle City Code Section 8-
2A-3), site specific conditions of approval 6, 7, and 8, below would not be required.
6. Provide
7.
-
• . •
The revised site plan shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
Note: The Board recommended striking site specific condition no. 6 due to the irregular shape of the
site and large right-of-way present from the old state highway. The building orientation as proposed
provides a storefront facing East State Street and patio area adjacent to the existing sidewalk
providing "sense of place " for residents.
property line
•
: -
- :
; -
.::
Note: The Board recommended striking site specific condition no. 7 due to no trees being allowed
within this location (due to a 25 -foot drainage easement) and an existing lO-foot landscaped area
already present on the Idaho Power site located east of this site.
8. If the Council requires mitigation, then the site specific conditions are provided for Council
consideration.
Pursuant to Eagle City Code Section 8 -2A -7(C)(1), the applicant should be required to:
a. Plant an additional 39 -caliper inches on site.
- OR-
b. Contribute $6,825.00 to the tree fund.
- OR-
c. A combination of a and b.
Recommend condition stands
Note: The Board recommended site specific condition no. 8 remain. The Board recognized the
location of the tree prevents the site from being developed per City standards. The Board also
recognized that there are site constraints including: a 25 -foot drainage easement, alley access, and
an irregular shaped site due to the existing ACHD right-of-wayfrom the old state highway limiting
the space to plant an additional 39 -caliper inches on the site. The Board agreed that some mitigation
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should be required but did not articulate on how much.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. 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.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
13. No ground mounted mechanical units are proposed with this application . If
ground mounted mechanical units are proposed, they shall be screened with landscaping pursuant to
Eagle City Code or screened by the 6 -foot tall vinyl fence proposed on the west side of the building.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application and none are approved.
16. Provide revised building elevations for the first story portion of the building incorporating traditional
elements present within the downtown such as pitched/gabled features or features present in other
building throughout the downtown. The revised building elevations shall be reviewed and approved
by staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
17. The elevation plans, date stamped by the City on May 13, 2019, showing the 16% of glass on the 2nd
floor of the north building elevation, is approved.
Note: The Board recommended approval of the 16% glass on the 2'floor of the north building
elevation due to the building design, height ofthefirst-floorparapet walls, and window sizes
matching the windows on the east, west, and south building elevations.
18. The site plan, date stamped by the City on May 13, 2019, showing the existing 8 -foot wide concrete
sidewalk adjacent to East State Street, is approved.
Note: The Board recommended approval of the site plan showing an existing 8 -foot wide concrete
sidewalk adjacent to East State Street due to it matching the surrounding sidewalks within the area
and the potential for the City sidewalk standard to change.
19. The elevation plans, date stamped by the City on May 13, 2019, showing metal siding proposed on
the east, west, and south building elevations, is approved.
Note: The Board recommended approval of the metal siding proposed on the east, west, and south
building elevations due to the location of the metal siding, additional architectural features i.e. green
screens proposed, and landscaping proposed around it.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
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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.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
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installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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.
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20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -30-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and Eagle City Code Section 8-2A-3 Effect of Other Provisions, and based upon the
information provided with the conditions required herein, concludes that the proposed design review
application is in accordance with the Eagle Comprehensive Plan and the Eagle City Code (except for
those provisions which were waived pursuant to ECC 8-2A-3 (enumerated below).
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a microbrewery building is permitted with the approval of a design review
application within the CBD (Central Business District) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed building is designed with materials and
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colors associated with the Italianate and Craftsman architectural style and additional elements will
be added pursuant to site specific condition no. 16 to be more consistent with buildings within the
downtown;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
microbrewery building;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials that are consistent with the Italianate
and Craftsman architectural style and additional elements will be added pursuant to site specific
condition no. 16 so that the building is more consistent with building within the downtown;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building is in conformance with the Eagle Architecture and Site Design Book and has been
designed to complement the buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required height restrictions
The setbacks do not meet all requirements of the i'DA; however, the Board agreed they are
acceptable due to the irregular shape of the site which is adjacent to existing ACHD right-of-way
from the old state highway, configuration of the building which provides a storefront and patio area
which provide a "sense of place" for residents;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and walkways for both walkability within the site and access to other
buildings within the downtown;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
are sidewalks and walkways that connect to other sites within the downtown; and
I. No signs are proposed with this application. A separate design review application (DR -31-19) has
been submitted for the building wall sign and will be harmonious with the architectural design of
the building and will not cover nor detract from desirable architectural features.
3. In accordance with Eagle City Code Section 8-2A-3, the Board concludes that a waiver for the
following is appropriate and will not change the essential character of the area:
• ECC Section 8-2A-6(B)(1)(k) Metal — metal siding proposed on the east, west, and south building
elevations is approved.
• ECC Section 8-2A-6(D)(2)(f) Facade — floor above the main floor is approved with 16% glass.
• ECC Section 8 -2A -6(D)(3) Setbacks and Lot Coverage — building orientation and location are
approved with the front setback (north) ranging from 2 -feet to 10 -feet and side setback (east) at 29 -
feet.
• ECC Section 8 -2A -6(G) Streetscape — sidewalk located adjacent to East State Street is approved to
remain an 8 -foot wide concrete sidewalk.
• ECC Section 8 -2A -7(K) Parking Lot Landscaping — the 3 -foot wide landscape buffer between the
parking lot and property line is approved.
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DATED this 13t1 day of June 2019.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Craig
asher,
hairman
(-Sharon K. Bergmann, Eagle City Clerk
Com,
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