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Findings - CC - 2019 - DR-30-19 - 4953 Sq Foot Micorbrewery BuildingBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FORA ) MICROBREWERY BUILDING (GEM STATE; ) BREWING) FOR GSB PROPERTIES, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-30-19 The above -entitled design review application came before the Eagle City Council for their action on June 25, 2019. 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: 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 2'a Street at 281 and 293 East State Street. B. NOTICE OF AGENCIES' REVIEW: 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-3 1-19 (Gem State Brewing sign) Page 1 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD (Central Vacant Vet Clinic (animal Business District) hospital) Proposed No Change No Change Microbrewery Building North of site Downtown South of site Downtown CBD (Central Zen Bento, Sweet Valley Cookie, Business District) City of Eagle Senior Center R-12 (Residential) Eagle Crest Apartments East of site Downtown CBD (Central Idaho Power Substation Business District) West of site Downtown CBD (Central One Haute Cookie, Boise Cakery Business District) G. DESIGN REVIEW OVERLAY DIS'I'KICT: This site is located in the i'DA (Transitional Development Area) H. URBAN RENEWAL DISTRICT: Yes I. EXISTING SII'E CHARACTERISTICS: 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. Page 2 of 25 K:\Planning DeptTagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx J. Si'iEDATA: 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: 2,3 1O-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 - 2,3 10-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). Page 3 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx Eagle City Code Section 8-4-5 states that parking located within the TDA shall be reduced by 50% for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement. L. GENERAL Si'lE DESIGN F'EA'i'URES: 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. BUILDING 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. The remaining six trees will be protected and retained. Below is a list of all existing trees, identified on the landscape plan, date stamped by the City on April 17, 2019. Tree Specie Caliper / Condition Retain or Remove Height Burr Oak 39" Good Remove Elm Unknown Good Protect and Retain Ginkgo (Street Tree) Unknown Good Protect and Retain Chanticleer Pear (Street Tree) Unknown Good Protect and Retain Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board and City Council. Street Trees: Street trees are existing along East State Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Page 4 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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. TRASH 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 by the business owner/operator and made accessible for pick-up by Republic Services on the scheduled trash service day. P. MECHANICAL UNi'i'S: 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-3 1-19) 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'LJTURE ACQUISITIONS MAP: No map currently exists. V. SPECIAL ON -Sri; FEA'i'URES: 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 W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMEN'I' PLAN (IF REQUIRED): Not required. Page 5 of 25 KAPlanning DeptTagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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. LET1ERS FROM THE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAYY REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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 that development that fits the City's vision for the downtown is easily approved. (Comp plan page 126) Page 6 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx • 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. 1. Exterior walls and soffits: Page 7 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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. 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. Page 8 of 25 K:APlanning Dept\Eagle Applications\Dr\2O19\DR-30-19 Microhrcwery Bldg (Gem State Brewing) ccl.ducx 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. 1 1. 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 (or from abutting right of way) replacement with an acceptable species is required as follows: Page 9 of 25 K:APlanning feet\Eagle AppIications\I)r\2O1Y\1)R-3O-E9 Microhrewery Bldg (Gem State Brewing) cadocx Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more 1 x 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, 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. Page 10 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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. 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. Page 11 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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 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. Page 12 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx North Building Elevation Existin : Vinyl Fence (west s ro s ert line) qua 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 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 10-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 10-shrubs per 35-linear feet of frontage. Pursuant to Eagle Page 13 of 25 K:\Planning Dept\Eagle Applications\[)r\2019\I)R-30- l9 Microhrewery Bldg (Gem State Brewing) ccf.docx 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. E'I T;µc, M=-PLE TREE To BE TR MMED N rHE r EL G - 000RC NJ0Tt - TIk 4DJ,CENT L-iND ^ EF u „A 1., r"F' 147 .HT LTE3tr' - I-: LJ :. J-1 39" OAK Ei ST I, 39° ,K TBE EMC.ED ,, LL GTNER _TREES TO RIErl ,N k-/ M 1i1 II II I r_. 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 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 Page 14 of 25 K:APlanning Dept\Eagle Applications\I)r\2O1y\I)R-1O-19 Microhrewery Bldg ((gem State Brewing) ccf.docx 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 Site Plan 1 Slte Plan ri 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) 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 Page 15 of 25 K:APlanning Dept\Eagle Applications\Dr\2019\DR-30-1) Microhrewery Bldg (Gem State Brewing) ccf.docx zone finished in clay pavers around the sidewalk which was approved for the Aikens Street extension). EASD Book Exhibit 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 "runnin �fv.433�...... SHiff4ir bond" brick behind existin _ sidewalk) 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. 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 Page 16 of 25 K:APlanning Dept\Eagle Application~\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccl docx 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 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. 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. Page 17 of 25 K:APlanning Dept\Eagle /Applications\1)r\2019\DR-30-19 Microhrewery Bldg (Gem State Brewing) cct.riocx 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 4,956-square foot microbrewery building for Gem State Brewing for GSB Properties, LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated June 13, 2019. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 25, 2019, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). Page 18 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx COUNCIL DECISION: The Council voted 4 to 0 to approve 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 Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. 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. 2. 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. 3. 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. 4. 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. 5. eensklefation, Pursuant to Eagle City Code Section 8 2A 7(CXI), the applicant should be required to: a. -OR- b. Contribute $6,825.00 to the tree fund. -9� c. ... Following removal, the applicant shall endeavor to repurpose the trunk of the Burr Oak tree for use on the property including but not limited to benches, table tops, bar top, art, etc. All outdoor furnishings shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No 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 Page 19 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx or screened by the 6-foot tall vinyl fence proposed on the west side of the building. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. 13. ... 14. 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. 15. 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. 16. 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. 17. Provide detailed cutsheets of the patio fencing showing the material, style, color, height, etc. The detailed cutsheets shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a certificate of occupancy. NOTE;: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 20 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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: Page21 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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. 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 Page 22 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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 Council 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 including those provisions which were suspended/relaxed pursuant to ECC 8-2A-3 (as identified in Conclusion of Law no. 3 below). 2. The Council 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 colors associated with the Italianate and Craftsman architectural style and has features that are 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 pursuant to Eagle City Code Section 8-45; 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 the building contains flat roof elements 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; Page 23 of 25 K:\Planning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx 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 Eagle City Code Section 8-2A- 6(D), with regard to the required height restrictions; 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 Council concludes that the following City code requirements are suspended/relaxed and such exceptions will not change the essential character of the area for the reasons identified below: • ECC Section 8-2A-6(B)(1)(k) Metal siding — The metal siding proposed on the east, west, and south building elevations is approved and is appropriate because it provides additional architectural interest to the building which is consistent with the Craftsman architectural style, the site is attractively landscaped (include green screens in front of the metal siding on the east elevation), and does not create a stark utilitarian look that this code section is intended to prevent. • ECC Section 8-2A-6(D)(2)(f) Facade — The 16% glass proposed on the second floor of the north building elevation is approved because the building is designed with a prominent storefront on the first floor, the first floor parapet wall covers a portion of the second floor facade, and the proposed windows on the north elevation match the windows proposed on the east, west, and south elevations. • ECC Section 8-2A-6(D)(3) Setbacks and Lot Coverage — The building orientation and location are approved with a front setback (north) at 2-feet and side setback (east) at 29-feet because the site contains unique circumstances (irregular shaped site, large right-of-way present from the old state highway which prevents the building from being located closer than 16-feet from the back of sidewalk and the building orientation provides a storefront facing East State Street and patio area adjacent to the existing sidewalk. • ECC Section 8-2A-6(G) Streetscape — The sidewalk located adjacent to East State Street is approved to remain an 8-foot wide concrete sidewalk because it matches the surrounding sidewalks in the area. • ECC Section 8-2A-7(K) Parking Lot Landscaping — The 3-foot wide landscape buffer between the parking lot and the east property line is approved because trees are allowed within this location due to a 25-foot drainage easement (Drainage District No. 2 will not permit trees within their easement per the letter, date stamped by the City on April 30, 2019). Additionally, a lO-foot wide landscape area exists directly east of the site which provides an acceptable buffer between this site and the Idaho Power Substation to the east. • ECC 8-2A-7(0) Alternate Methods of Compliance — The request to remove the 39-inch Burr Oak tree is approved and mitigation is not required because [in addition to the existing tree] the site contains unique circumstances (25-foot drainage easement, alley access, irregular shaped site) which may otherwise deem this property undevelopable. The Council included in site specific condition of approval #5 herein that the trunk of the Burr Oak tree should be repurposed and used on the property for such items including but not limited to benches, table tops, bar top, art, etc. (as Page 24 of 25 KAPlanning Dept\Eagle Applications\Dr\2019\DR-30-19 Microbrewery Bldg (Gem State Brewing) ccf.docx requested by the applicant). DATED this 9t1' day of July 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: C4--e_ 9 Sharon K. Bergmann, Eagle City lerk • -9c �`� UFO (> ••.••••.• • • SEAL • # ••••.•• *** k'OFIDr • Page 25 of 25 K:APlanning Dept\Eagle Applications\Dr\201Y\I)R-3O-19 Micruhrewery Bldg (Gem State Brewing) cclaIocx