Findings - PZ - 2004 - CU-8-04 - Operate A Fall Festival/Maze/Pumpkin Patch/Hayride/Music/Vendor Sales
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT FOR A LIVE
ENTERTAINMENT EVENT (CORN MAZE)
FOR ROD AND DEBI WAGNER
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-8-04
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on September 20, 2004. The Eagle Planning and Zoning
Commission having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Rod and Debi Wagner are requesting conditional use permit approval to operate a fall
festival with events including a corn maze, pumpkin patches, hayrides, children's outdoor
play area, outdoor musical entertainment, and associated beverage and food vendor sales.
The site is located on the north side of Mace Road and west of Eagle Road at 800 W.
Mace Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 1, 2004.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 6, 2004. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on September 2, 2004. Requests for agencies' reviews were transmitted on
September 2, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
A "Fall Festival" (corn maze, hay rides, pumpkin patch, vendors, beer garden) has been
held at the site during the month of October for the past three (3) years.
On August 11, 2004, the Eagle City Council approved Ordinance No. 479 amending
Eagle City Code to include combined activities such as corn mazes, hayrides, pumpkin
patches, and other similar events lasting less than 45-days per calendar year to the
definition of Live Entertainment Events. Live Entertainment Events require the approval
of a conditional use permit in the A (Agricultural) zoning district.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to two A (Agricultural) Agricultural - farming
dwelling units per acre) &
Floodway
Proposed No Change No Change Live entertainment event
(temporary corn maze)
North of site Floodway & PubliclSemi- R-4 (Residential) North Channel Boise
Public River & single-family
d wellingslPasture
South of site Residential Two (up to two R-2-P (Residential PUD) Two Rivers Subdivision
dwelling units per acre)
East of site Floodway & Commercial C-1 (Neighborhood Business North Channel Boise
District) River! North Channel
CenterÆagle Road
West of site Residential Two (up to two A (Agricultural) Single-family dwellings
dwelling units per acre) & !Pasture
Floodway
G.
DESIGN REVIEW 0 VERLA Y DISTRICT:
Not located within the CEDA, DDA, DSDA, or IDA.
H.
EXISTING SITE CHARACTERISTICS:
The site has been used for farming (with associated structures) for a number of years.
Seasonal crops and numerous mature trees are located upon the site.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UlRED
Total Acreage of Site 195-acres 20-acres (minimum)
Percentage of Site Devoted to 2% (approx.) 10% (maximum)
Building Coverage
Percentage of Site Devoted to N/A N/A (temporary event)
Landscaping
Number of Parking Spaces Temporary field parking N/A
Front Setback (west) 60-feet 60-feet
Rear Setback (east) 30-feet 30-feet
Interior Side Setback (north) 30-feet 30-feet
Street Side Setback (south) 45-feet 45-feet
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
No buildings are proposed to be erected on the site.
Height and Number of Stories of Proposed Buildings:
No buildings are proposed to be erected on the site.
Gross Floor Area of Proposed Building:
No buildings are proposed to be erected on the site.
On and Off-Site Circulation:
The parking lot is to be served by two (2) driveways accessing Mace Road, with the
eastern access serving as enter only and the western access serving as exit only.
K.
PUBLIC SERVICES AVAILABLE:
Because this a temporary event (30 days), no permanent facilities such as sewer and water
are required. Sanitary services will be accommodated with portable toilets; Mace Road, a
paved public roadway, provides access to the site.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes the northern portion of the site is located within the
Boise River floodway
Evidence of Erosion - no
Fish Habitat - yes
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - North Channel of the Boise River
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC: See public testimony below under Public Hearing of the
Commission
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDmONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
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F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter I - Overview
1.3
The City of Eagle Vision Statement
a. known as a highly livable town that successfully balances many of the rural elements
of its heritage with growth;
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
ECC Section 8-1-2 LIVE ENTERTAINMENT EVENTS:
Temporary concerts and other cultural events lasting less than seven (7) days or ongoing
occasional events such as barn dances, square dances, weddings and receptions; temporary
events such as corn mazes, hayrides, retail pumpkin patches and petting zoos lasting less
than forty-five (45) days per calendar year.
.
ECC Section 8-2-3 states that a live entertainment event requires the approval of a conditional
use permit within the A (Agricultural) zoning district.
.
ECC Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
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c.
DISCUSSION:
The Wagner Farms Fall Festival is an annual event that has grown in popularity over the
recent years and with that growth, the festival has evolved from a corn maze to an event
that includes more outdoor entertainment such hay rides, pumpkin patches, and various
vendors selling food and beverages. Along with these activities, concerns have arisen
with regard to increases in light glare, noise, and traffic. During a public meeting
regarding the 2003 Wagner Festival, the Council endorsed the operation of the event with
certain conditions that the applicant was to adhere to. During the 2003 event, it appeared
that the implementation of the conditions were successful in mitigating the concerns of
nearby residents and businesses.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 20, 2004, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by (25)
individuals (other than the applicant/representative) who felt that the family-oriented event provides a
wholesome and educational activity for all to enjoy, it adds to the quality of life in the Treasure Valley,
there is a need to maintain the small town character and agricultural heritage of the area, and that the
majority of the Two Rivers Subdivision homeowners support the event.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one individual representing the Two Rivers Homeowner's Association with concerns
associated with the operation of the event such as noise, dust, lights and traffic and the incompatibility
with surrounding residential uses. It was further noted that the Board would take appropriate action if
the event were operating without permits having been issued.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by
nine (9) individuals who felt that the corn maze is a great community and family event, it is a clean and
well organized event, there is a need to protect the rural and agricultural heritage of the area, and the
dismay felt by some over the thought of developers in the area trying to stop the event.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy absent, Marks abstain) to recommend approval of a
conditional use permit for a live entertainment event (corn maze) for Rod and Debi Wagner, with
the following staff recommended site specific conditions of approval and standard conditions of
approval, with underline text to be added by the Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The site plan date stamped by the City on September 1, 2004, is the approved event layout plan.
2. This conditional use permit shall expire after the conclusion of the event in October of 2008. The
applicant will need to apply for a new conditional use permit at that time for the continuation of the fall
festival beyond 2008. The City will administratively review this conditional use permit on an annual
basis. Prior to July 15 of each year in which the event is to be held, the applicant shall submit a site
plan showing the locations of each activity (corn maze, hayride, parking etc.) and a letter from the Ada
County Sheriff s Department acknowledging any complaints that may have been received by the
Department from the previous year's event and the actions necessary to remedy any potentially
objectionable activities. The administrative review will, in part, determine the action, if any, that shall
be undertaken by the applicant to remedy any outstanding concerns that may have arisen during the
previous year's event.
3. The use of helicopter aircraft is prohibited.
4. Operation of the event shall be limited to the hours between 10 a.m. and 10 p.m. The event may be
held seven (7) days a week and no longer than forty-five (45) days from the fU'St day of operation.
5. The sale and consumption of alcoholic beverages (if any) shall be allowed only through the City
Council approval of an Open Container Permit. Adherence to all conditions of the Ada County
Sheriff s Department is required.
6. All vendor permits shall be maintained in good standing with the city.
7. All site lighting is to be shielded to direct all light downward and not project horizontally onto any
public right of way, private street, or onto the property line of any residentially zoned parcel of land or
parcel of land used for residential purposes.
8. Comply with all requirements of the Ada County Highway District. The applicant shall use the traffic
control measures employed in 2003 as approved by the ACHD (signs directing traffic to enter via
Mace Road and exit via West Island Woods Drive).
9. The site shall remain free of litter and other debris. All large trash receptacles shall be screened from
direct view of the adjacent properties.
10. No signs are proposed with this application and none are approved.
11. A water truck shall be maintained on site as a means to diminish the potential of airborne dust
generated from vehicle traffic using the parking lot and driveway accesses.
12. Construct a minimum 9-foot high large straw bale wall around the area labeled "courtyard" on the
approved site plan.
13. The applicant and staff shall meet to discuss lanl:!:ual:!:e to provide to the City Council rel:!:ardinl:!: the
mitil:!:ation and control of amplified music.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
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2.
3.
4.
5.
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits.
Department of Environmental Quality approval of the sewer and water facilities is required prior
issuance of any building permits.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
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.
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.
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. 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.
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9.
10.
11.
12.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
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.
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.
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. "
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.
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 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.
The proposed fIre protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
14.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit.
15.
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.
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16.
17.
18.
19.
20.
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.
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.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21.
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. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
22.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23.
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 application for this item was received by the City of Eagle on September 1, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 6, 2004. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 2, 2004. Requests for agencies' reviews
were transmitted on September 2, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-8-O4) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
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conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A.
B.
c.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 since a Live Entertainment Event (corn maze) may be permitted
in the A (Agricultural) zoning district if a conditional use permit is approved by
the City Council;
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since the Comprehensive Plan encourages those elements that
promote a rural feel in the midst of an urbanized setting and, is consistent with
Title 8 (Zoning) since a Live Entertainment Event (corn maze) is permitted within
the A (Agricultural) zoning district;
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the Live Entertainment Event (corn maze) is a temporary agricultural event
with a rural theme and character situated on land currently being used for farming
and that is zoned for agricultural uses;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the Live Entertainment Event (corn maze) is a temporary event limited to forty-
five days per calendar year for a maximum of four (4) years as conditioned herein
and, since the site is anticipated to be developed in the future with residential uses
as indicated on the City of Eagle 2000 Comprehensive Plan;
E.
Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fIre protection, sanitary and refuse
disposal, or as conditioned herein;
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the event is temporary and does not require permanent facilities
to be constructed;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors
since the Live Entertainment Event (corn maze) is conditioned herein to direct all
lighting away from the adjacent properties, to control dust with watering trucks,
and to monitor and direct traffic in a controlled manner;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as the site will be
accessed via a public roadway and entry and exit to the site is to function as a one-
way confIguration; and
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I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the activities are occurring in an area away from
the Boise River to lessen impacts on that area and, upon land that is currently
being farmed wherein no natural, scenic or historic features are known to exist.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 20th day of September 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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