Findings - DR - 2009 - DR-12-09 - Construct An Open Air Amphitheater
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT AN )
OPEN-AIR AMPHITHEATER FOR NJN II, )
INC. dba WOODRIVER CELLARS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-12-09
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 14, 2009. Due to lack of a quorum, the item was continued to May 28, 2009, at which time the
Board made their decision. The Eagle Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
NJN II, Inc., represented by Billy Ray Strite with BRS Architects, is requesting design review
approval to construct a 50,000-square foot (approximate) turfed, open-air amphitheater complete
with a 2,400 square-foot concrete stage as a temporary use at the Woodriver Cellars event center.
The 21.2-acre site is located on the west side of State Highway 16 approximately 1,600-feet north
of Beacon Light Road at 3705 North Emmett Highway.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on April 9, 2009.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 22, 2009, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18, 2007, the Eagle City Council approved A-04-07 & RZ-04-07 for an annexation
and rezone with a pre-annexation development agreement to rezone the subject property from
RUT (Rural Urban Transition - Ada County Designation) to MU-DA (Mixed Use with a
development agreement). Currently the "winery" is an approved conditional use under the
jurisdiction of Ada County and is conditioned with significant limitations on density, types of
sales, and lot coverage. Further, a "winery" is shown as an allowed use within the pre-annexation
development agreement for the site.
The winery currently has an "event center" inclusive of a band shell wherein performances have
been held.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Multiple Use, Star RUT (Rural Urban Transition- Winery, entertainment center,
Comprehensive Plan Ada County Designation)* vineyards & Pasture
Proposed None proposed MU-DA (Mixed Use with a Expansion of winery to
development agreement) include an amphitheater
North of site Multiple Use, Star RUT (Rural Urban Transition- Farm and pasture
Comprehensive Plan Ada County Designation)
South of site Multiple Use, Star RUT (Rural Urban Transition- Residential subdivision
Comprehensive Plan Ada County Designation) (Trellis Subdivision) & River
Birch Golf Course - .75 acre
lots surrounded by the golf
course
East of site Residential Transition/ RUT (Rural Urban Transition- Proposed Terra View
V illage Center Ada County Designation) Development (A-16-07/ RZ-
23-07)
West of site Multiple Use, Star RUT (Rural Urban Transition- Agricultural land and pasture
Comprehensive Plan Ada County Designation)
* As of this date, the development agreement approved for this site has not been executed and thus the property has not been
annexed or zoned corresponding to a City of Eagle zoning district.
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The subject site is to be considered a northerly expansion of the existing winery (with associated
accessory structures and event center); the expansion area is currently not occupied by any uses or
structures.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 21.2-acres N/A
Percentage of Site Devoted to Less than one (1) percent 50%
Building Coverage
Percentage of Site Devoted to Less than one (1) percent 10%
Landscaping (Approximately 4,500 square feet
for screening - does not include
turfed area of amphitheater)
Number of Parking Spaces +/- 1135 spaces (unimproved)
Front Setback N/A* 20-feet
Rear Setback N/A* 20-feet
Side Setback N/A* 7.5-feet
Side Setback N/A* 7.5-feet
*Setbacks are measured relative to buildings; the only building proposed for this site is a l60-square foot temporary ticket
booth, the location of which exceeds the required setbacks.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One (1) "move-on" ticket booth
Height and Number of Stories of Proposed Buildings: 12-feet
Gross Floor Area of Proposed Buildings: 160 square feet
On and Off-Site Circulation:
The existing winery utilizes a 66-foot wide driveway on State Highway 16 located approximately
640-feet north of the southern property line to access a paved parking lot that is proposed to also
serve, in part, the amphitheater (expansion area). This parking lot would abut and allow access to
a proposed unimproved (gravel) parking lot providing +/- 445 spaces for vehicles.
An existing 40-foot wide "emergency access drive" located approximately 360-feet north of the
southern property line is delineated on the plan showing access to a "growing area" (vines) as well
as an existing residence. In addition to these current uses, it appears that this access is proposed to
be utilized for "VIP" parking, overflow parking, and service vehicles adjacent to the amphitheater
area.
A third 40-foot wide driveway (new) is proposed to be located approximately 400-feet south of
the northerly boundary of the site to access an unimproved (gravel) parking lot. Existing plant
material will be removed to provide parking consisting of +/- 530 for passenger vehicles and space
for recreational vehicles.
The use of these existing and proposed driveways IS contingent upon approval of the Idaho
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Transportation Department.
K. BUILDING DESIGN FEATURES:
The only proposed building (aside from the new concrete pad and stage) for the expansion site
consists of a 160-square foot "move-on" ticket booth to be constructed as follows:
Roof: Light brown pre-colored metal
Walls: 67% +/- Painted vinyl
Windows/Doors: 8% +/- Vinyl clad windows, 8% +/- Decor door
Fascia/Trim: 9% +/- fascia "paint to match existing"
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees on the
site; none are proposed to be removed at this time.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping: None proposed
b. Interior Landscaping: 10% interior landscaping is required. 0% is proposed.
M. TRASH ENCLOSURES:
One trash enclosure, consisting of a three sided wooden framework, is located on the existing site.
Trash receptacles for the expanded use are to be placed one day before any event and
subsequently retrieved afterward; the enclosure is not proposed to be changed at this time.
N. MECHANICAL UNITS:
Standard mechanical units are not proposed at this time; a 12-inch by 20-inch window mounted
cooling unit is to be installed on the ticket booth.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits or Zoning
Certificate.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
A letter from the Star Joint Fire Protection District states further submittals must be provided to
the district for further review. A letter from the Eagle Sewer District states the site is not located
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within the district central sewer service area. The existing winery is currently served by water
from a community well approved with the Trellis Subdivision to the south and wastewater is
processed by a packaged treatment system.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - Farmers Union Canal
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): N/A
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Allied Waste Services
Chevron Pipe Line Co.
Department of Environmental Quality
Idaho Transportation Department
Star Fire Protection District
Eagle Sewer District
Farmers Union Canal
W. LETTERS FROM THE PUBLIC:
Letter from the Trellis Homeowner's Association, date stamped by the City on May 6,2009.
Letter addressed to the City of Eagle Planning and Zoning signed by ten (10) individuals, date
stamped by the City on May 6, 2009.
X. CITY FORESTER COMMENTS: None
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The uses existing and proposed are consistent with the uses identified in the Star Comprehensive
plan as "multiple use"; the property is not identified on the City of Eagle Comprehensive Plan
Land Use Map. The property, though considered by the City as well as requested by the former
owner, was not included in the 2004 Comprehensive Plan since it is located west of State Highway
16 and was not wholly conducive to the City in establishing a definitive boundary for future land
use planning. However, after the City adopted the 2004 Plan, Ada County granted Star land areas
both east and west of SH 16 (including this site), clearly punctuating the thought that the highway
was not considered to hold sway as a geographic planning boundary. The 2004 City of Eagle
Visioning map did designate the property as "mixed use" due to its location adjacent to State
Highway 16, limited local access and the existing uses on the site.
Page 15 of the Star Comprehensive Plan, relative to the subject site, states, "This land use is
designed to retain the rural, small town atmosphere of the City." Land uses may include a mixture
of residential, limited office, commercial and light industrial. The intent of the land use category
is to provide for basic services and job opportunities in close proximity to where people live. Land
use developments may be subject to a conditional use approval process as determined by a
specified use per Star ordinances. This land use will assist in the orderly/friendly growth in the
City and its impact area. Further, this land use will assist in the protection of sensitive agricultural
lands in Ada County and the Star vicinity."
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-3-2(D) Enclosed Trash Areas:
All trash and/or garbage collection areas for commercial, industrial and multi-family
residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at
least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the
fourth side, or shall be within an enclosed building or structure. Adequate vehicular
access to and from such area or areas for collection of trash and/or garbage as determined
by the administrator shall be provided.
· Eagle City Code Section 8-4-3: Design And Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt
surfaces shall not be permitted.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water
to prevent the drainage of such water onto adjacent properties or walkways. Drainage
plans shall be reviewed and approved by the city engineer and, for any site abutting a
public street, such plans shall be reviewed and approved by the Ada County highway
district, or highway district having jurisdiction.
C. Access: Access driveways for parking areas or loading spaces shall be located in such a
way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian
or motorist approaching the access or driveway from a public or private street.
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· Eagle City Code Section 8-4-4-2(A) Site Lighting
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and
any non-opaque material/lens covering the lamp) shall not be directly visible by a person
of average height standing on the property line of any public right of way, or any private
street, or on the property line of any residentially zoned parcel of land or parcel of land
used for residential purposes.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any
residentially zoned parcel of land or parcel of land used for residential purposes.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
3.4. The Eagle Knoll Development shall consist of three (3) primary elements: a pre-existing
winery, a residential development, and a mixed-use development contained within the
approximately 31.18 acre site. The proposed Site Concept Plan indicates approximately
fifty percent residential use and fifty percent of non-residential use. Of the fifty percent
commercial use, approximately half (approximately 7 acres) is allocated to the winery
facilities, or twenty-five percent of the overall development. The balance of the
development shall be:
3.4.1. Residential Development
The Site Concept Plan anticipates approximately 14.10 acres of residential developable
property as discussed further in Section 3.4.2 below, which would entitle a total of 70
dwelling units. However, the nursery, while appropriate, may be ultimately expanded as a
residential use with a maximum of 5 units per acre. For each acre converted from a non-
residential mixed use to a residential use beyond the 14.10 acres shown in the concept
plan, five units shall be permitted per acre up to 120 units. The density of the 14.10 acres
and any additional residential use shall not exceed 120 units or a maximum residential
density of5.0 Units per Acre on 24 acres (75% of the site).
3.4.2. Mixed Use Development
3.4.2.1 Non-residential mixed land uses shall be a minimum of twenty-five percent of the
Property. The Property shall be developed in compliance with Eagle City Code and the
Eagle Comprehensive Plan, as adopted at the time this Development Agreement is
recorded, except as otherwise provided herein. In the Retail/Commercial area of the
Property consisting of approximately 7 acres in the eastern portion of the site as depicted
on the Site Concept Plan, non-residential uses shall include a mixture of relatively small
retail uses such as coffee shops, bars, retail (wine-related or otherwise), and restaurants,
which shall compliment the current winery uses as well as serve the needs of the
neighboring residential population generally conforming to the pedestrian plaza concept
depicted on the Site Concept Plan. For each acre developed as mixed use beyond the 7
acre winery site, 5 units shall be removed from the maximum residential density of 120
units provided under Section 3.4.1.1.
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3.4.2.2. Commercial uses shall be limited to those uses that compliment or are ancillary to the
existing Eagle Knoll Winery and are otherwise limited to the following uses:
· Agricultural Retail (Fuel Service only for facility use)
· Artist Studio
· Arts and Crafts shows
. Bar
· Beauty/barber Shop
· Bed and Breakfast
. Brewery
· Coffee shop
· Convenience Store (no Fuel Service)
. Creamery
· Family & Group Childcare
· Food and Beverage Sales (hours limited to 7am to 10pm)
. Gift Shop
· Health club, spa, weight reduction salons (including a racquet club)
· Home and business services
· Bed and Breakfast, Boutique Hotel (up to 20 rooms)
. Massage Spa
. Nursery
· Office Business, professional, and medical
. Personal Improvement
. Personal Service
· Photographic Studio
· Professional Activities
· Restaurant (no drive thru) (hours limited to 7am to lOpm)
. Retail Sales Limited
· Retail Sales (pharmacy and medical)
· Travel services (No Fuel service)
· Winery
· Vet Clinic (excluding overnight boarding)
. Museum
3.4.2.3 No portion of the Property shall be used for any of the following uses:
. All Industrial Uses
· Fuel Service
· Outside Storage,
· "Commercial, Adult Business,"
· "Commercial, Automotive, mobile home, travel trailer, and/or farm implement sales,
"
· "Commercial, Cemetery,"
· "Commercial, Drive-in theatre,"
· "Commercial, Mortuary/Funeral Home."
· "Commercial, Storage (fenced area),"
3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of Eagle Title 8,
Chapter 4.
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3.4.3
3.4.3.1
3.5.
3.6.
3.7.
3.8
3.9.
The Eaele Knoll Winery
Currently, the winery is an approved conditional use under Ada County development
services as a winery and sales office and is thus classified as a valid, non-conforming use.
The existing winery facilities shall continue to function with the exception of the wine
production building which shall serve as a banquet/reception facility. A new production
and storage building shall be utilized in the southeast portion of the commercial area.
The Property is not in the Eagle Sewer District Planning area or the City of Eagle Water
Service Planning Area. The existing winery development is served by a community well
and package wastewater treatment system in conjunction with the Trellis Subdivision to
the south of the site in association with the Trellis Subdivision to the south. Prior to any
expansion of the uses on the site or the signing of any final plat, the City shall require
proof of adequate water and sewer service to the proposed residences and commercial
uses. A letter of approval shall be provided to the City from the Idaho Department of
Health, Division of Environmental Quality, and/or Central District Health, and Idaho
Department of Water Resources of any such services or the Property shall be required to
annex into the Star Sewer and Water District.
Applicant shall provide a report or analysis of any proposed changes to wetlands located
on the Property and any such change shall be contingent upon approval by the applicable
state and federal agencies, along with the City of Eagle, and shall be in accordance with
the Eagle Comprehensive Plan and City Code. Applicant agrees all development and
improvement of the Property shall comply with all laws and regulations pertaining to
regulated wetlands.
Applicant will comply with all rules, regulations and ordinances of Eagle unless as
otherwise required herein, including, but not limited to, applications for development
permits as required by Title 10, Flood Control, Eagle City Code.
Applicant shall provide an on-site, tree lined landscape strip along State
Highway 16 as generally shown and depicted on "Exhibit A", attached hereto and
incorporated by reference herein. The landscaping, including street trees and pathways,
shall be reviewed and approved as required by applicable Eagle City Code provisions.
Streets shall be stubbed west to Pollard Lane as shown on the Concept Plan (Exhibit A)
submitted to the City on _with the access to Highway 16 shall be relocated to the
north. A secondary emergency access shall be provided and the location approved by the
Star Fire District and lTD. All other access points shall be removed from the Site Concept
Plan. All access point to Highway 16 shall be designated as temporary access until such
time as a new access to Pollard Lane is achievable or traffic counts exceed ITD or Star
Fire Districts Standards. All access points; road and stub street locations shall be
approved by ACHD and ITD prior to submittal of any preliminary plat.
3.10.3 The applicant shall provide a modified site plan showing an increased buffer between the
existing River Birch golf course and the residential use on the south of this site.
3.11 A letter of approval shall be provided to the City from the Farmers Union Canal Company
approving any encroachments of the canal company's facilities. The applicant shall also
provide a copy of any License Agreement associated with the site prior to the
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commencement of construction of any improvements on the site.
D. DISCUSSION:
· The Woodriver Cellars development (formerly known as Eagle Knoll Winery) was recently
approved for annexation (and rezone) into the Eagle City limits, with constraints on the use of the
property dictated by a development agreement. As this development agreement has yet to be
executed, the property has not been annexed and remains under the jurisdiction of Ada County.
The approved development agreement allows for three primary elements for development of the
31.18 acre site: the pre-existing winery, residential uses, and mixed-use application. With the
recent downturn of the real estate market, the owner of the property now desires to expand the
existing "event center" to the north (and remaining on the subject property) to construct a
temporary amphitheater with associated parking areas. As with the current event center, the
amphitheater is considered an accessory use to the winery in line with what has become common
place and accepted, as witnessed with other wineries both in the region and nationally.
For consideration, although the "temporary" aspect of the amphitheater does not alleviate or
preclude the accessory use from adhering to certain site conditions, there may be other
improvements required by city code that are not warranted at this time. Further, the applicant has
claimed that the venue will be used intermittently and for short (albeit intensive) durations. Since
the proposed amphitheater is temporary, the following design criteria are matters of discretion
which may warrant further discussion by the Council: parking area improvements, site lighting,
perimeter landscaping, screening methods (for trash enclosures and bathroom areas), and fencing.
· While the temporary nature of the amphitheater may warrant certain "exceptions" to the code,
certain responsibilities and restrictions along with that benefit come in order to prevent the venue
from becoming permanent. Design reviews are typically not the appropriate application to
condition the use of a property; rather a design review predominantly guides the aesthetics of a
site. However, the restrictions on this use may be addressed through the issuance of a zoning
certificate and may include such matters as noise, duration of the venue, and traffic control. For
this purpose, staff has provided conditions under the "Site Specific Conditions of Approval"
section for your review.
· Staff defers comment to the Design Review Board regarding the design and colors of the "move-
on" ticket booth.
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 was held on the application before the Design Review Board on May 28, 2009, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DECISION:
The Board voted 3 to 2 (Barnes and Whittaker against, Koci abstained, and McCullough absent) to
approve DR-12-09 for a design review application to construct an open-air amphitheater for NJN
II, Inc. dba Woodriver Cellars, with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike thru to be deleted by the
Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-04-07 /RZ-04-07 and the associated development
agreement.
2. Approval of this expanded use (amphitheater) is contingent upon the approval of access to State
Highway 16; all access locations and construction shall be approved by ITD prior to the issuance of a
Zoning Certificate.
3. The Zoning Certificate shall list and address certain items including but not limited to:
a. The City reserves the right to evaluate the temporary use and to revoke the Zoning Certificate, or
modify the conditions of the Zoning Certificate, pursuant to any matters of non-compliance with
the conditions herein or with Eagle City Code.
b. Due to the temporary nature of this use, the amphitheater shall cease to operate on October 1, ~
2014. At the end of this time limit, the applicant may request a renewal of the zoning certificate to
extend the operation of the amphitheater for a period to be determined by the City Council. The
Council reserves the option to place further restrictions on (or outright deny) the operation of the
amphitheater at the time of review.
c. Pl:lrSUaflt to the applicaflt's justification letter attached to the submittal application (date stamped
by the City on ,^.pril 9,2009) the number of events held at the amphitheater shall be limited to
twelve (12) events held between May 1st afld September 30th per ealendar year.
d. Pursuant to the applicant's submittal application (date stamped by the City on April 9, 2009) the
number of patrons attending each event shall not exceed that which is permitted by the local fire
district having iurisdiction in this area be limited to 5,000 patrons.
e. The applieant shall comply with Eagle City Code 1 9 1 "Loud ,^.mplifieation De'/iees; Noise
Ordinaflce" relative to events held at the amphitheater. Upon the notice of three valid eomplaints
verifying that ordinanoe violations relative to the operation of the venue have been filed "'lith the
City, the l\da COHnty Sherriffs Department, afld/or the Eagle City Poliee Department, the Zoning
Certificate shall be revoked and all event eenter/-amphitheater operations shall eease.
f. Prior to issuance of a Zoning Certificate afld for eaeh event, the applicant shall provide a traffic
control plan to the Idaho Transportation Department and/or ACHD, the Ada County Sherriffs
Department and/or the Eagle City Police Department, and the City of Eagle, detailing traffic
patterns and control methods to be utilized to alleviate vehicle conflicts and excessive traffic on
abutting rights-of-way. If additional modifications to the plans are needed or required by anv of
these agencies, they shall be provided to the City of Eagle prior to the next event.
4. Paved parking is not required for the proposed temporary parking areas. The applicant shall provide a
surface that minimizes dust from leaving the site in conjunction with appropriate operations and
maintenance to keep the parking area free of weeds, debris, and standing water. The applicant shall
provide a dust mitigation operation an operations plan to the City prior to the issuance of a Zoning
Certificate. Due to the temporary nature of the amphitheater, the use of the unimproved parking lot
shall be prohibited following the conclusion of the amphitheater operation.
5. Wood is an appropriate material for the temporary screening of bathrooms, mechanical units, service
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areas, etc. The design of such screens shall be commensurate to the design and materials used to
construct the principal buildings on the existing winery. The applicant shall provide plans of the
screens for review and approval by staff prior to the issuance of a Zoning Certificate. Due to the
temporary nature of the amphitheater, any screens constructed on the site shall be removed following
the conclusion of the amphitheater operation.
6. Site lighting may be of a transportable nature provided that it is adequately placed and utilized for
safety. All such lighting shall be located, designed, and screened to not create glare upon adjacent
properties and rights-of-way (in compliance with Eagle City Code). The applicant shall provide
lighting plans for review and approval by staff prior to the issuance of a Zoning Certificate. Due to the
temporary nature of the amphitheater, all transportable lighting shall be removed following the
conclusion of the amphitheater operation.
7. If approved by the City Council, black powder-coated chain link fence may be permitted along the
northerly perimeter of the amphitheater. Due to the temporary nature of the amphitheater, all fencing
shall be removed following the conclusion of the amphitheater operation.
8. In lieu of providing a screened trash enclosure within the temporary amphitheater expansion area, all
trash receptacles may be permitted to be placed one (1) day prior to a scheduled event and shall be
removed by the next business day following said event.
9. The applicant shall provide design details of the proposed "move-on" ticket booth for review and
approval by staff prior to the issuance of any building permits for the booth.
10. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
11. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. No signs are proposed with this application and none are approved. A separate design review
application is required for the approval of any signs.
14. Any future development of this site requires the submittal of a design review application to be
reviewed and approved by the Design Review Board prior to any improvements being installed or
constructed on this site.
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 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
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furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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 Certificate of Occupancy.
10. 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.
11. 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.
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12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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.
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 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.
14. 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.
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 or Certificate of
Occupancy, whichever occurs first.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
elect to take those plans to the Design Review Board and the City Council 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.
22. 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/
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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.
23. Any change by the applicant in the planned use of the property which is the subject ofthis application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. 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 the City Council approval date).
25. 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.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 9, 2009.
2. Requests for agencies' reviews were transmitted on April 22, 2009, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-12-09) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan as described herein.
The Board recognizes that this site does not comply with several sections of the Eagle City Code
relative to building architecture, paved parking, and required landscaping within and around the
perimeter of the parking lot. Although the architectural style of the existing buildings do not wholly
comply with the EASD Book, it is the Board's opinion that the style of the existing buildings
complement the rural look and character of the area. In this regard, the proposed ticket booth building
should be designed to complement the architecture of the buildings that exist within this development.
The Board recommends that the Eagle City Code requirements regarding paved parking and
landscaping within the parking lot be suspended or relaxed for this development to allow the
temporary (five (5) years) use of an open-air amphitheater. Should the applicant desire to continue the
operation of the temporary use, and prior to the conclusion of the five (5) year term, the applicant may
petition the City to determine the necessary changes, if any, required to allow the ongoing use of the
open-air amphitheater to continue.
With the approval of this temporary use, the site is expected to become a popular public gathering
place to enjoy and support musicians, local art, and local viticulture. It also provides the applicant
time to respond to market conditions and optimize the timing as it relates to developing the site
pursuant to the conditions of development approved with the development agreement for this site.
Ultimately, the development of the site (as conditioned within the development agreement complies in
all respects with Eagle City Code.
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4. Will, in fact, constitute a permitted use as established in the development agreement (MU-DA) for this
site.
DATED this 11th day ofJune 2009.
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