Findings - CC - 2011 - CU-02-11 - Cup/Commercial Entertainment Facility/24.6 Acre/827 E Riverside St. BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
COMMERCIAL ENTERTAINMENT FACILITY )
(OUTDOOR)AND LIVE ENTERTAINMENT )
EVENTS (CONCERTS,WEDDINGS,RECEPTIONS, )
AND CORPORATE EVENTS) FOR LAND OF ROCK, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-11
The above-entitled conditional use application came before the Eagle City Council for their action on June
14, 2011, at which time public testimony was taken. The Council continued the public hearing to June 21,
2011, at which time additional oral and written testimony was taken and the public hearing was closed.
The Eagle City Council having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Land of Rock, LLC, represented by Shawn Nickel with SLN Planning is requesting
conditional use approval for a Commercial Entertainment Facility(outdoor)and Live
Entertainment Events (concerts, weddings, receptions, and corporate events). The 24.6-
acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood
Lane at 827 East Riverside Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:30 PM, Thursday, January 6, 2011, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 7, 2011.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on April 11, 2011. Notice of this public hearing was
mailed to property owners within one thousand feet(1,000-feet) of the subject property, in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 8, 2011. The site was posted in accordance with the Eagle City Code on
April 22, 2011. Requests for agencies' reviews were transmitted on March 14, 2011, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 23, 2011. Notice of this public hearing was mailed to property owners
within one thousand feet (1,000-feet) of the subject property, in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 19, 2011.
Since the applicant requested the application be continued to June 21, 2011, additional
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notice was mailed to property owners within one thousand feet (1,000-feet) of the subject
property on June 15, 2011. The site was posted in accordance with the Eagle City Code on
June 4, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the Eagle City Council approved applications for annexation, rezone
with a development agreement, preliminary plat, conditional use permit for a height
exception for townhouses/condominiums, and design review for The Lofts at Eagle River
Subdivision (A-12-06/RZ-14-06, PP-15-06, CU-05-06, DR-57-06 and DR-58-06).
On December 18, 2007, the Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2009
(PP-15-06).
On March 1 8, 2008, the Eagle City Council approved a modification of the conditional
use permit extending the timeframe to August 13, 2009, to obtain building permits for the
townhouses/condominiums to be located at The Lofts at Eagle River Subdivision (CU-05-
06 MOD).
On April 8, 2008, the Zoning Administrator approved an extension of time of the design
review for the common area landscaping, residential townhouses, and residential
condominiums for The Lofts at Eagle River Subdivision to be valid until August 13, 2009
(DR-57-06).
On April 14, 2009, the Eagle City Council approved an extension of time of the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2010
(EXT-01-09).
On June 16, 2010, the Ada County Board of County Commissioners approved a
temporary permit for a summer concert series (eleven (11) concerts) to occur on the
property for Shannon Cook to be valid until October 31, 2010(201000242-TP-A).
On September 14, 2010, The Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision with conditions. The extension
of time is valid until June 18, 2011 (EXT-03-10).
E. COMPANION APPLICATIONS:
RZ-14-06 MOD—A modification of the development agreement to modify the conditions
of development to recognize the existing floodplain development permit issued by Ada
County, recognize the conditional use permit approval of the Eagle River Pavilion
Commercial Entertainment Facility (outdoor)/Live Entertainment Events (concerts)
facility and to allow the existing preliminary plat approval for The Lofts at Eagle River to
run concurrently with the approval of the conditional use permit for the Eagle River
Pavilion.
DR-12-11 — Request for design review approval of the Eagle River Pavilion Commercial
Entertainment Facility(outdoor)/Live Entertainment Events (concerts)facility.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural Urban Residential dwelling
Transitional-Ada County (proposed residential
designation) development The Lofts at
Eagle River)
Proposed No change MU-DA (Mixed Use with a Commercial Entertainment
development agreement) Facility(outdoor)and Live
Entertainment Events
(concerts)
North of site Mixed Use MU-DA (Mixed Use with a Office buildings
development agreement)
South of site Residential Two R-2 (Residential up to two Residential subdivision
(2) units per acre) (Nestled Island
Subdivision)
East of site Mixed Use MU-DA (Mixed Use with a Residential subdivision
development agreement) (Lonesome Dove
Subdivision)
West of site Mixed Use MU-DA (Mixed Use with a Merrill Park and a vacant
development agreement) lot(proposed Terrazza
development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site contains an existing residential dwelling and an existing barn located on the
northwestern portion of the property. There is a landscaped berm and ten foot (10') wide
pathway located adjacent to Riverside Drive which was constructed as part of the Eagle
River development. The area of the site north of the Ballantyne Ditch and east of the
existing dwelling contains fill (imported from off-site) that was placed on the site as part
of an approved Ada County floodplain development permit. There is landscaping and
mature trees located around the existing dwelling and the southern portion of the site. The
area south of the Ballantyne Canal consists of dense natural vegetation and remains
undisturbed.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 24.1-acres(14.6 to be 5,000-square feet
utilized for proposed use)
Percentage of Site Devoted to Building 1.05% 50% (maximum)
Coverage
Percentage of Site Devoted to 48 % 10% (minimum)
Landscaping
Number of Parking Spaces 1,108-spaces 1,108-spaces(as conditioned
herein)
Front Setback 180-feet 20-feet(minimum)
Rear Setback 184-feet 20-feet(minimum)
Side Setback(west) 24-feet(existing barn) 7.5-feet(minimum)
Side Setback(east) 188-feet(existing dwelling) 7.5-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site contains one (1) existing barn and one (1) existing single-family dwelling. The
applicant is proposing to use the existing dwelling as and office and also used for band
members(concert events) and organizers associated with the facility.
Height and Number of Stories of Proposed Buildings:
The existing single-family dwelling is two(2) stories
Gross Floor Area of Proposed Buildings:
The existing dwelling is approximately 4,642-square feet in size.
On and Off-Site Circulation:
The site takes access from East Riverside Drive at two (2) locations and has a stub street
connection from East Lone Creek Drive at the eastern property line approximately two
hundred fifty feet(250') south of northern property line adjacent to East Riverside Drive.
K. PARKING ANALYSIS:
Number of Possible Patrons and Staff for Concert Events:
Patrons=up to 4,000 people
Proposed Total On-Site Parking Spaces
Total: 1,108—on-site parking spaces
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L. PUBLIC SERVICES AVAILABLE:
Eagle Water Company, Eagle Sewer District, and the Ballantyne Ditch Company have the
ability to serve the property with existing infrastructure either adjacent to the site or on-
site. The property is adjacent to and has connection to East Riverside Drive and East Lone
Creek Drive. The City of Eagle Police Department (Ada County Sheriff's Office), Eagle
Fire District and Ada County Paramedic Service provide emergency services to this area.
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern —yes --property is located within an Area of Special
Flood Hazard
Evidence of Erosion—no
Fish Habitat—yes—within the north channel of the Boise River
Floodplain — yes — the area where the commercial entertainment facility is proposed to be
located is within a regulated F000dplain
Mature Trees—yes—all existing trees to remain on the site
Riparian Vegetation — yes — adjacent to the Boise River. The area where the commercial
entertainment facility is proposed to be located does not contain any riparian areas.
Steep Slopes—no
Stream/Creek—yes—Boise River located adjacent to the southern portion of the property.
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown—the proposed parking area contains previously placed fill
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—Provided general comments regarding maintenance issues due to
materials from the parking area being tracked onto the paved surface. The correspondence also
indicated that the applicant should be required to have a street sweeper go through the area
before the next business day's traffic begins.
Ballantyne Ditch Company —No objection to the project since no new permanent structures are
proposed to be constructed.
Central District Health Department — If permanent restroom facilities are to be installed the
applicant will be required to install or connect to a sewage system that meets Idaho State Sewage
Regulations. The applicant will be required to submit plans for review and approval for any food
establishment, beverage establishment, swimming pool or spa, grocery store or child care center.
Chevron Pipe Line Company—No conflict with the pipe line.
Eagle Fire District— Indicated that the site has adequate emergency access, there are sufficient
fire hydrants and fire flows for fire protection, and that no bonfires will be allowed.
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Eagle Sewer District— The property is not annexed into the district therefore prior to reviewing
either off-site or on-site central sewer the applicant will have to petition the Eagle Sewer District
Board of Directors for annexation into the Eagle Sewer District. The letter also indicated that
there is an eighteen inch (18") central sewer main located adjacent to the properly on East
Riverside Drive.
Idaho Transportation Department—No comment
United Water Company — Property is located outside of their certificated boundary area and is
not serviceable by United Water Company.
R. LETTERS FROM THE PUBLIC (attached to the staff report):
Harry Gillis submitted correspondence, date stamped by the City on April 5, 2011, which
indicated concerns with noise, time of events, length of approval (requests if approved the
approval be for one (1)year), and should the conditional use permit be approved the volume of the
music be restricted to 95 dB at a spot seven feet (7') from the bandstand to be monitored by a
sound engineer.
Robert Christensen submitted correspondence, date stamped by the City on April 21, 2011, which
indicated his concern regarding the development agreement modification concerning development
within the floodplain. The correspondence also indicated that rock concerts are not harmonious
with the residential character of the area and he is concerned with the applicant's request to allow
music to be played until 11:00 pm.
Michael Hummel submitted a copy of an email he had sent to Creston Thornton (applicant). The
email is in reference to a meeting Mr. Hummel had with Mr. Thornton regarding the site and a
future pathway.
THE FOLLOWING CORRESPONDENCE WAS PROVIDED PRIOR TO THE COUNCIL
PUBLIC HEARING OR READ INTO THE RECORD AT THE PUBLIC HEARING
(correspondence is located within the file [CU-02-11]):
Email correspondence received from Linda Turner, date stamped by the City on June 7, 2011
Correspondence received from Russell and Alice Stanley, date stamped by the City on June 8,
2011
Correspondence received from Bill and Ellen Cooper, with Bella Aquila, date stamped by the City
on June 8, 2011
Correspondence received from Ronald and Sharee McMahon, date stamped by the City on June 8,
2011
Correspondence received from Tim Burke, with Dotty's Company, date stamped by the City on
June 9, 2011
Correspondence received from Cord Christensen, Managing Member of The River District, date
stamped by the City on June 14, 2011
Email correspondence received from Tom Dater, date stamped by the City on June 14, 2011
Correspondence received from Daren Fluke,AICP, date stamped by the City on June 20, 2011
Correspondence received from Josh Grant with the Idaho Athletic Club, date stamped by the City
on June 20, 2011
Email correspondence to Kristine Simoni from Dana Drake and forwarded to the City by Shawn
Nickel, date stamped by the City on June 20, 2011
Correspondence received from Justin Anderson, date stamped by the City on June 21, 2011
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Email correspondence to Creston Thorton from Linette Mooring and submitted to the City by
Shawn Nickel, date stamped by the City on June 21, 2011
Email correspondence to Creston Thorton from Sandy Smith with North Channel Chevron and
submitted to the City by Shawn Nickel, date stamped by the City on June 21, 2011
Email correspondence received from Sandy Smith with North Channel Chevron, date stamped by
the City on June 21, 2011
Correspondence received from Frank Correia and Family, date stamped by the City on June 21,
2011
Email correspondence from Earnest Harper to John Grasser, date stamped by the City on June 21,
2011
Selected Acoustical Basics, provided by Earnest F. Harper, SCP, DABFE, DACFET, CFC, date
stamped by the City on June 21, 2011
Exhibit showing sound sources and related decibels(dBA), provided by Earnest F. Harper, SCP,
DABFE, DACFET, CFC, date stamped by the City on June 21, 2011
Perception of noise exhibit provided by Earnest F. Harper, SCP, DABFE, DACFET, CFC, date
stamped by the City on June 21, 2011
Speech Interference Level(SIL), provided by Earnest F. Harper, SCP, DABFE, DACFET, CFC,
date stamped by the City on June 21, 2011
Email correspondence from Betty Frazier to the secretary of island woods home owners
association, submitted by Jim Keith, Vice President, Island Woods Homeowner's Association,
Board of Directors, date stamped by the City on June 21, 2011
Email correspondence received from Todd Combs, date stamped by the City on June 21, 2011
Correspondence received from Al Russell, Jr., date stamped by the City on June 21, 2011
Email correspondence received from Pasquale and Cheryl Mancini, date stamped by the City on
June 21, 2011
Correspondence received from Hugh J. Keith, date stamped by the City on June 21, 2011
Correspondence to the Ada County Commissioners from Davey Hamilton dated May 16, 2010 and
date stamped by the City on June 21, 2011
S. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL 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
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able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
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
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map, adopted August 25, 2009, designates this site as
Mixed Use and Floodway.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description. An allowable density of up to 10 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also,the floodway areas shall not be considered as a part of the
minimum area of open space required(as required within the zoning ordinance)unless
developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation shown shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City,the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
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• Chapter 7—Natural Resources and Hazard Areas
7.8 Hazard Areas (Reads in part)
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the
Eagle AOI. Future areas may be added to the Comprehensive Plan when deemed necessary.
Areas of flooding consist of two parts: (1)the floodway which is the most severe area of
flooding characterized by deep and fast moving water; and(2)the floodplain which is less
severe than the floodway and is characterized by shallower and slower moving waters at the
time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area,
a recreational area and/or a nature area, may be encouraged in the 100-year floodplain of the
Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The Federal
Emergency Management Administration(FEMA)maps show specifically where the floodway
and floodplain boundaries are located. (Also, see Eagle City Code for definitions of terms
relating to the floodplain areas.)
• Chapter 9—Parks, Recreation and Open Spaces
9.5 Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise
River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may
include pathways and/or bike lanes.
9.5.1 Goal
A. To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly
community.
B. To provide a network of central and neighborhood paths where residents are able to safely
access and utilize pathways for alternative forms of transportation.
H. Acquire pathway easements on the north side of the North Channel.
L. Link existing isolated pathway segments (e.g.,North Channel Center and by-pass path).
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2, Rules and Definitions:
Commercial Entertainment Facility
Any profitmaking activity which is generally related to the entertainment field such as motion
picture theaters, performing arts theaters, sports stadiums and arenas, amusement parks,
bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, health/fitness
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clubs, recreation clubs, arcades, nightclubs, cocktail lounges and similar entertainment
activities.
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.
• Eagle City Code Section 8-2-3, Schedule of District Use Regulations
Commercial Entertainment Facilities and Live Entertainment Events require the approval of a
conditional use permit within the M-U zoning district.
• Eagle City Code, Section 8-2A Design Review Overlay District:
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.
The following are specifically excluded from the requirements of the design review
overlay district: development of an individual single-family detached dwelling on a single
parcel, an individual duplex (2 dwelling units), and an individual town home consisting of
a maximum of two (2)dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
1. Recognize the interdependence of land values and aesthetics and to provide a
method by which the city may implement this interdependence to the benefit of
the community.
2. Encourage the development of private property in harmony with the desired
character of the city and in conformance with the guidelines herein provided with
due regard to the public and private interests involved.
3. Provide planning and design guidelines to give specific direction for downtown
development, while allowing for flexibility that promotes creative, market driven
development proposals.
B. Goals: The general theme of the design review overlay district is to specify desirable
building and landscape architectural styles and materials to create a sustainable and
pleasing environment for residents and visitors alike. The architectural designs,
materials, and graphics set forth in this article are compiled to create a theme unique
to the area called "Eagle architecture".
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8-2A-5: Design Review Overlay Districts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to
show,through the use of pictures and text, specific period architectural styles,themes, and
elements envisioned through the requirements of this article. The EASD book, established
through a resolution of the city council and as may be amended through future
resolution(s), contains all exhibits referenced in this article and is incorporated herein by
reference. However, exhibit A-1 may only be modified through an ordinance amendment.
The architecture styles found in the EASI)book are permitted styles. Architectural styles
not shown within the EASD book will not be considered. A copy of the EASD book is
available at Eagle city hall.
• Eagle City Code Section 8-4-5, Schedule of Parking Requirements:
Commercial entertainment facilities:
Auditoriums, sports arenas,theaters and similar uses 1 for each 3 seats
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C. PUBLIC HEALTH AND SAFETY ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• Eagle City Code Chapter 6, Clean Air
4-6-7: Permitted Open Burning:
A. Open burning of the following are permitted only in accordance with the provisions of
this chapter and do not require a permit:
1. Fires used by organized firefighting personnel for the purpose of combating fire or
training.
2. Barbecues or other fires used in the preparation of food, provided however,that the
fire does not exceed three feet(3') in diameter and two feet(2')high.
B. Open burning of the following are permitted only in accordance with the provisions of
this chapter and shall require a permit from the Eagle fire protection district:
1. Fires used to keep irrigation ditches and fence rows clear of plant and weed
growth.
2. Fires used to dispose of or reduce dry vegetative waste materials, such as, but not
limited to,tree branches, gardening waste, weeds, or other dry vegetation,where
mulching or other types of disposal are impractical.
C. Open burning for the purposes of agricultural activities is specifically exempt from the
requirements of this chapter. However, burn permits are still required for these
activities and must be obtained from the Eagle fire protection district prior to the
ignition of any fire.
D. Burning permits are available through the Eagle fire protection district.
• Eagle City Code Chapter 9, Loud Amplification Devices;Noise Ordinance
4-9-1 Authority and Purpose:
It is determined that sound can and does constitute a hazard to the health, safety, welfare,
and quality of life of residents of the city. The mayor and council, by way of Idaho Code
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section 50-308, are empowered to impose reasonable limitations and regulations upon the
production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter
the policy of this city to prevent and regulate sound generated by loud amplification
devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life
of the citizens of the city, and this chapter shall be liberally continued to effectuate that
purpose.
4-9-3: Public Disturbance Noise Prohibited:
A. Between the hours of ten o'clock(10:00)P.M. one day and seven o'clock(7:00)A.M.
the next day, it shall be unlawful for any person or business to make or cause loud or
offensive noise by means of voice, musical instrument, horn, radio, loudspeaker,
automobile, machinery, other sound amplifying equipment, or any other means which
disturbs the peace, quiet, and comfort of any reasonable person of normal
sensitiveness residing in the area. Loud or offensive noise is that which is plainly
audible within any residence or business other than the source of the sound, or upon a
public right of way or street at a distance of one hundred feet(100') or more from the
source of such sound.
4-9-6: Exemptions:
The following sounds are exempted from the provisions of this chapter:
D. Sounds caused by parades, fireworks displays, or any other event for which a permit
for that type of activity is required and has been obtained from the authorized
governmental entity within such hours as may be imposed as a condition for the
issuance of said permit.
E. DISCUSSION:
• The applicant is requesting conditional use permit approval to operate a Commercial
Entertainment Facility (outdoor) and Live Entertainment Events (concerts, weddings,
receptions, and corporate events) within a MU-DA (Mixed Use with a development
agreement) zoning district for a three (3) year time period. The applicant provided a site plan,
date stamped by the City on March 7, 2011, which shows the general layout of the proposed
venue area. The site plan shows the proposed venue area to be located on the northern 14.6-
acres of the site, north of the greenbelt area(Ballantyne Canal), which consists of the northern
550-feet(approximately) of the subject property.
As previously noted the applicant has requested approval for a three (3) year time period. The
applicant currently has approval of a preliminary plat for The Lofts at Eagle River associated
with this site. Although the applicant is requesting that an extension of time for the
aforementioned preliminary plat run concurrently with the conditional use permit the applicant
should be required to re-apply for a conditional use permit associated with the subject
application to provide the city an opportunity to address any concerns which may arise during
the course of the conditional use permit (if approved). The conditional use permit for the
commercial entertainment facility(outdoor) and live entertainment events(concerts, weddings,
receptions, and corporate events) should be valid until June 1, 2012. Should the applicant
want additional time to operate the commercial entertainment facility (outdoor) and live
entertainment events (concerts, weddings, receptions, and corporate events) the applicant
should submit a conditional use permit modification application for review and approval by
the City Council prior to November 1, 2011. If the City determines that any changes within the
modification require additional public comment due to potential impacts on surrounding
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property or the community, a public hearing shall be held on any proposed changes and notice
shall be provided as may be required by the City.
• The site plan, date stamped by the City on March 7, 2011, shows the proposed venue area
consisting of a large gravel parking area (1,108 parking spaces), three (3) vehicular access
points (one (1) of which consists of a VIP access), event center (existing dwelling-not for
public use), VIP area in proximity to the event center, reserved and general seating areas,
removable stage, existing barn (not used), and eight (8) concession stands. The applicant
provided a justification letter, date stamped by the City on March 7, 2011, that indicated the
applicant would employ approximately fifty-four people to serve as security personnel, ushers,
and parking attendants. The narrative also stated that the estimated number of patrons for any
given concert would be from 1,000 to 4,000 people. Pursuant to Eagle City Code, the parking
requirement for Commercial Entertainment Facilities (auditoriums, sports arenas, theaters and
similar uses) is one (1) space per three (3) seats. Based on 1,108 parking spaces provided on-
site the total number of patrons and staff in attendance at an event should not exceed 3,324
individuals unless the applicant provides a joint parking agreement for the required 226
additional parking spaces. Joint parking agreements should be reviewed and approved by staff
and the City Attorney prior to execution of the agreement.
• The site is located adjacent to East Riverside Drive, which is designated as a collector road.
Parking is prohibited on collector roads. Also, Merrill Park is located immediately adjacent to
the west of the subject site and there is an overflow parking area/access adjacent to the western
property line of the subject site. Parking is prohibited on East Riverside Drive. Parking
barriers should be placed at the entrance of the Merrill Park overflow parking area/access
(located adjacent to the western boundary of the subject site) a minimum of two (2) hours
prior to any scheduled event.
• The applicant has also submitted an application for a development agreement modification,
which contains a draft modified development agreement and a justification letter, all of which
are date stamped by the City on March 7, 2011. The applicant is requesting a development
agreement modification to allow for the property to be annexed into the City of Eagle with the
following changes: 1) recognize the grading and floodplain development permit issued by Ada
County Development Services, 2) allow for the existing preliminary plat approval for The
Lofts at Eagle River to run concurrently with the approval of the subject conditional use
permit (provided that the preliminary plat does not change from the original approval), and 3)
add the conditions of approval to the development agreement for the Eagle River Pavilion
(Commercial Entertainment Facility[outdoor]/Live Entertainment Events [concerts]).
1. The site lies within the Boise River floodway and floodplain as delineated on the
FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision dated
February 19, 2003. The applicant applied for and received approval through Ada
County Development Services for a floodplain development permit and associated
grading permit to bring fill onto the site to elevate the subject portion of the site above
the base flood elevation (BFE). The applicant should provide documentation from
Ada County Development Services confirming that work associated with the
floodplain development permit and grading permit is completed and in conformance
with the approved permits. The documentation should be provided prior to the
issuance of a zoning certificate.
2. On January 16, 2007, the Eagle City Council approved application for annexation,
rezone with a development agreement, preliminary plat, conditional use permit for a
height exception for townhouses/condominiums, and design review for The Lofts at
Eagle River Subdivision to occur on the subject site (A-12-06/RZ-14-06, PP-15-06,
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CU-05-06, DR-57-06 and DR-58-06).. Since that time the applicant has received three
(3) preliminary plat extension of time approvals for the preliminary plat associated
with The Lofts at Eagle River development. The applicant has submitted a
development agreement modification application and a draft modified development
agreement. Condition of Development No. 3.25 within the draft modified
development agreement contains language to recognize the preliminary plat approval
for The Lofts at Eagle River to run concurrently with the approval period (three years)
associated with the conditional use permit approval. The applicant should be required
to submit a preliminary plat extension of time application with a narrative addressing
the required findings prior to the respective expiration date of the preliminary plat.
3. Condition of Development No. 3.24 contained within the draft modified development
agreement submitted by the applicant contains a place holder so the applicant can
insert the conditions of approval associated with the conditional use permit for the
Eagle River Pavilion into the development agreement should the conditional use
permit be approved. The Conditional Use Permit application submitted by the
applicant is the appropriate mechanism to address any Conditions of Approval
associated with the Eagle River Pavilion there is no need to include those conditions
within the development agreement.
• The applicant has submitted a design review application for approval of the site design for the
Commercial Entertainment Facility (outdoor)/Live Entertainment Events (concerts, weddings,
receptions, and corporate events) (DR-12-11). The design review application should be
reviewed and approved by the Design Review Board and City Council prior to the issuance of
a zoning certificate to allow for the change of use.
• The narrative provided by the applicant, date stamped by the City on March 7, 2011, indicated
that they are proposing to have corporate events to occur on-site. The Treasure Valley contains
many large corporations who employ hundreds of people. Large corporate events may have the
same impact on the surrounding property owners as a live concert event. If a corporate event is
scheduled on site which will have more than 500 people in attendance the conditions of
approval associated with starting and ending times, street maintenance, parking, sound decibel
(dB) level, and open burning should apply.
• The narrative provided by the applicant, date stamped by the City on March 7, 2011, indicated
that the parking area will be watered during events to provide dust mitigation for the area. The
applicant should submit a dust mitigation plan indicating how dust will be controlled during
events located on-site. The dust mitigation plan should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
• Last year the applicant received approval from Ada County to conduct a concert series through
a temporary use permit. One of the terms of approval for the temporary use permit was for the
applicant to cooperate with the City of Eagle to organize a minimum of one meeting a month
with the Eagle City Council to address citizen and community concerns regarding the concerts.
The applicant did cooperate with the Eagle City Council and the Council received public
comment regarding the concert series. Some of the complaints received from citizens of the
community were regarding the lateness of the concert events once the school year had started.
Although the applicant was required to end the concert events by 10:00 pm the citizens
indicated that their children were in bed before 9:00 pm and the children had difficulty going
to sleep due to the music. Pursuant to Eagle City Code it is prohibited for any person or
business to make or cause loud or offensive noise by means of voice, musical instrument,
horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any
other means which disturbs the peace, quiet, and comfort of any reasonable person of normal
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sensitiveness residing in the area between the hours of 10:00 pm one day and 7:00 am the next
day. The applicant's justification letter indicated that the concert event ending time would be
10:00 pm on weekdays and 11:00 pm on weekends and weekday nights before a holiday. The
requested ending times may be problematic, since pursuant to Eagle City Code, amplified
sound is prohibited between the hours of 10:00 pm and 7:00 am the following morning and
upon the start of the school year citizens may be upset the concerts are continuing until 11:00
pm. The ending time for events scheduled on the site should be 10:00 pm and upon the start of
the school year the ending time for events should be 9:00 pm with the exception of Friday and
Saturday nights or a weekday night before a holiday. All patrons attending the events on the
site should be off the site no later than 11:00 pm.
• The narrative provided by the applicant, date stamped by the City on March 7, 2011, indicated
that noise impact studies were performed during last year's approved use and findings were
made that the decibel levels at the closest residential neighbors were acceptable rates in
relationship to other, non-related activities in a community. The applicant did not provide staff
with a copy of the noise impact study or indicate who conducted the noise impact study.
Pursuant to Eagle City Code Section 4-9-1, the Mayor and Council, by way of Idaho Code
Section §50-308, are empowered to impose reasonable limitations and regulations upon the
production of sound to reduce the harmful effects thereof. The same section of Eagle City
Code goes on to reference that it is a policy of this city to prevent and regulate sound by loud
amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or
quality of life of the citizens of the city, and this chapter shall be liberally continued to
effectuate that purpose. To address the concerns of the aforementioned individuals who
complained about the sound from the events approved last year and also any concerns that may
be brought forward during the public hearing process the applicant should provide a noise
impact study so that the City Council may make a determination regarding an acceptable
decibel(dB)level for the live concert events prior to the issuance of a zoning certificate.
• The narrative provided by the applicant, date stamped by the City on March 7, 2011, indicated
that the event start times on 6:00 pm and the parking gates open at 5:00 pm. The western
entrance to the site is located directly across East Riverside Drive from an entrance to an office
complex. If the parking gates are to open at 5:00 pm this may create a traffic conflict with
employees of the adjacent businesses leaving work at 5:00 pm. To eliminate the possible
traffic conflict between the concert attendees and the employees leaving work from the
adjacent businesses the parking gates for the site should not be permitted to be open before
5:30 pm during concert events.
• Boise River Flood Control District No. 10 currently gains access to the Boise River through
the Lonesome Dove Subdivision. During the times when the Flood Control District is
conducting river maintenance they are required to bring heavy equipment loaded on trailers
into the area to perform those duties. Upon completion of the maintenance the equipment is
then loaded back on the trailers and the Flood Control District has to turn around or back the
trailers with the equipment loaded to leave the area. The applicant should work with Boise
River Flood Control District No. 10 to provide an access and gate adjacent to the eastern
boundary of the site to the levee area. The access and gate should be installed prior to the
issuance of a zoning certificate.
• The site plan, date stamped by the City on March 7, 2011, shows an area labeled as
"GREENBELT" located north of the Boise River and south of the removable stage and
graveled parking area. The greenbelt area, as shown on the site plan, follows the same area
where the tiled Ballantyne Ditch is currently located. The site also has a greenway easement
and natural pathway located adjacent to the Boise River. Lonesome Dove Subdivision located
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adjacent to the eastern boundary of the subject property contains a paved greenbelt pathway in
alignment with the tiled Ballantyne Ditch and terminating at the eastern property line of the
subject property. The applicant should be required to extend the paved pathway from
Lonesome Dove Subdivision to the western property line. The applicant should submit a
pathway development plan for review and approval by the City's Park and Pathway
Development Committee prior to construction of the extended pathway. The pathway should
be installed prior to the issuance of a zoning certificate.
• The narrative provided by the applicant, date stamped by the City on March 7, 2011, indicated
the facility will include a portable stage that will be set up the day of, or a day prior to, the
scheduled event and usually removed the day after the event, unless concerts are scheduled in
close proximity to each other. The applicant should be required to remove all equipment from
the property within seventy-two (72)hours from the conclusion of an event.
• The site plan, date stamped by the City on March 7, 2011, shows the parking area to be a
dustless gravel surface. Ada County Highway District (ACHD) provided comment, date
stamped by the City on April 5, 2011, with concerns that gravel driveways abutting public
streets create maintenance problems due to gravel being tracked onto the roadway. Pursuant to
ACHD policy driveways are to be paved thirty feet (30') into a site. The east entrance from
Riverside Drive into the site is in conformance with ACHD policy, however, ACHD staff is
concerned that due to the number of vehicles utilizing the parking area a road maintenance
issue will occur due to the dirt and gravel being tracked onto the public road by those vehicles.
To address concerns regarding tracking and maintenance ACHD staff recommended the
applicant be required to have a sweeper go through the area before the next business day's
traffic begins (by 6:00 am). If there is moderate to heavy mud or debris, then the applicant
should be required to sweep the road immediately following the event. To eliminate any
concerns regarding tracking an maintenance of the public roads the applicant should be
required to have a sweeper clean and sweep the roads (Riverside Drive and the Lone Creek
Drive stub street)immediately following each event.
The ACHD comment also indicated the applicant is proposing to utilize Lone Creek Drive to
access the site at the eastern property line. Lone Creek Drive is a stub street from Lonesome
Dove Subdivision that is currently barricaded. The applicant is proposing to remove the
barricade prior to an event in order to utilize this access point. The applicant should be
required to replace the barricade (Lone Creek Drive) at the end each event and "provide
match"work to level the dirt to the pavement behind the barricade.
• Joe King with the Ballantyne Ditch Company emailed correspondence, date stamped by the
City on March 22, 2011, that indicated the Ballantyne Ditch Company has an irrigation
easement associated with Ballantyne Ditch within the proposed site. The Ballantyne Ditch is a
tiled facility and travels in an east to west direction south of the parking and stage area.
Although the Ballantyne Ditch is tiled the applicant should not be permitted to impede any
irrigation and/or drainage water with any construction on the site.
• From the time this application was submitted to the present date the applicant has scheduled
several concert events prior to the scheduled public hearings. Staff tracked the scheduling of
these concerts through two internet sites, one of which was the applicant's Land of Rock
website and the other was the Idaho Statesman online version. On April 1, 2011, city staff
logged onto the website voices.IdahoStatesman.com and noticed that the Michael Franti rock
concert, scheduled for July 15 was going to culminate with a bonfire after-party for the VIP
ticket holders. The article also indicated that they are offering that option at all of the shows
this season and that the VIP bar will stay open. The applicant's narrative addressed the general
standards for granting a conditional use permit. The applicant indicated within Item "E" of
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those standards that the Eagle Fire Department had been consulted throughout the process and
would continue to review and regulate potential health and safety issues. City staff contacted
Kurt McClenney, Fire Marshall with the Eagle Fire District to ascertain whether or not he was
aware of the proposed bonfire events. Fire Marshall McClenney indicated he was not aware of
the proposed bonfires and that the applicant or his representative had not contacted the fire
district concerning this proposal. Fire Marshall McClenney provided correspondence, date
stamped by the City on April 5, 2011, that indicated that burning after dark is not an allowed
use and the Eagle Fire Department will not allow or approve of any bonfires at these events.
Also, it should be noted that pursuant to Eagle City Code Section 4-6-7, Permitted Open
Burning there are no provisions for bonfires. No open burning(bonfire) should be permitted at
any public events scheduled to occur on the site.
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I"(required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) since a commercial entertainment facility (outdoor)
and Live Entertainment Events may be permitted in the M-U (Mixed Use) zoning
district if a conditional use permit is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the applicant will be required to meet the conditions of approval associated
with the conditional use permit;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the proposed use will be located adjacent to a mixed use development
(Eagle River Development), public park (Merrill Park), vacant lot, and a
residential development (Lonesome Dove) where residential dwellings are
currently being constructed. The applicant is requesting the proposed use as a
temporary use and the property will eventually be converted to a residential
subdivision;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is currently bordered by the Boise River to the south, existing office and
commercial uses to the north (Eagle River Development), developing residential
subdivision to the east (Lonesome Dove Subdivision) and a vacant lot and city
park (Merrill Park to the east. The closest area where a residential dwelling may
be constructed is approximately 1,000' away from the proposed removable stage.
Also, the applicant will be required to control the decibel (dB) level of the
amplified music;
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 since the
site is currently served by a residential collector and local street, and pursuant to
the responses from the affected agencies, and as conditioned herein, all concerns
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have been addressed;
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant will employ staff to address parking, security, trash
cleanup and the facility will not require any public facilities beyond what is
already in place;
G. Will not involve uses, activities,processes,materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors
since the property is adjacent to a collector road, the concert events will be
regulated pursuant to Eagle City Code, the applicant will be required to control
the decibel(dB) level of the amplified music, and there will be no open fires;
H. Will have vehicular approaches lo the property which are designed to not create
an interference with traffic on surrounding public thoroughfares since the site has
two (2) access points to a residential collector (East Riverside Drive), a
connection to an additional local street (East Lone Creek Drive), requirement for
dust mitigation, and the applicant is required to clean and sweep the streets
following each event; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the existing trees will remain in place and the
area where the uses are proposed to be located is north of the north channel of the
Boise River and there are no known natural, scenic, or historic features located on
this portion of the site.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 2,
2011, 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 the application was presented to the Planning and Zoning Commission
by four (4) individual(s). They were opposed to the proposed conditional use permit for the following
reasons:
• The noise from the crowd attending the events is directed towards the subdivisions.
• Concerned with the staff recommended conditions of approval not limiting the live
entertainment events (weddings, receptions, and corporate events) to the same restrictions as
those conditioned for concert events.
• During the stage set up the bands are doing sound checks at 5:00 pm.
• No concerts should be permitted on evenings that children have to attend school the next day
because children have a hard time falling asleep due to the music.
• It is not the decibel (dB) level individuals are concerned with; it is the continuous beat of the
music (bass) which causes vibrations within the homes in proximity to the site and makes it
difficult to enjoy peace and quiet in a backyard or fall asleep when going to bed.
• No limit to number of concert events and the number of events to be permitted needs to be
addressed.
• No concert events should be permitted.
• Surrounding businesses do not necessarily benefit from concert events.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individual(s). They were in favor of the proposed conditional use permit for the following
reasons:
• The applicant is only requesting a three (3)year approval and since the proposal is limited to a
defined time the use will eventually terminate.
• The city's noise ordinance addresses the noise concerns of those opposed to the application.
• The sound coming from this venue would be no different than the sound currently coming
from the existing businesses located in the area(Bardenay).
• If a sound barrier were required to be constructed it would amplify the music elsewhere. The
venue is acceptable as proposed.
• The proposed use is similar to the Botanical Garden located in Boise which has residential
homes in closer proximity to the site.
• The road noise and wind in the trees within the adjacent subdivisions is as loud as the
proposed concerts.
• The previous owner of the property had large events on the site and never received any
complaints.
• There have been concerts held in Merrill Park and this has not been a problem.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and
Zoning Commission by one(1) individual who indicated the following concerns:
• The Planning and Zoning Commission public hearing regarding the application is pre-mature
since the property is currently not annexed into the City of Eagle.
• A computer modeled noise study should be provided prior to making the Commission making
a decision.
• Eagle River will be submitting an application for a senior assisted living facility to be
constructed on the adjacent property to the east in the next two(2)to three (3)years.
• The proposed use should be reviewed on a yearly basis.
• The individual recommended that all driveways and curb cuts connected to East Riverside
Drive should be barricaded during concert events, set specific times for starting and ending
times for all events, and the requirement for the construction of a paved pathway is reasonable.
• The parking area is dirt as opposed to gravel so the requirement for providing a dust mitigation
plan is appropriate.
COMMISSION DELIBERATION:
Upon closing the public hearing the Commission indicated during deliberation that:
• If approved,the conditional use permit should be reviewed annually.
• The applicant should consider neighborhood input regarding concerns with future events.
• The number of concert events permitted annually should be addressed.
• The applicant should meet with the City Council on a monthly basis to address public
concerns regarding scheduled events.
• The parking should be maintained on-site or joint parking agreements should be provided.
Those adjacent parking areas that are not addressed through a joint parking agreement
should be barricaded.
• The applicant should select shows that do not contain a lot of bass music due to noise
impact to adjacent subdivisions.
• All events on the site should be controlled by the same requirements (starting and ending
times, parking, dust mitigation, sweeping of streets, music loudness, etc.).
• The applicant should work towards a system to direct noise.
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• An updated noise impact study should be provided.
• The ending time should be 10:00 pm for all events.
• Staff should monitor any work in the floodplain
• The applicant should take school nights into consideration when scheduling events.
COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of CU-02-11 for a
conditional use permit for a Commercial Entertainment Facility (outdoor) and Live Entertainment
Events (weddings, receptions, and corporate events) for Land of Rock, 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 May 16, 2011.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 14, 2011, at which time
oral and written testimony were taken. The Council continued the public hearing to June 21, 2011, at
which time additional oral and written testimony was taken and the public hearing was closed. The
Council made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by 17-individuals (not
including the applicant/representative). They were in favor of the proposed conditional use permit for
the following reasons:
• Job opportunities for citizens within the community
• Revenue for local businesses
• Cultural opportunities for our citizens
• Provides a monetary benefit to the community by bringing individuals into the community from
other cities
• Provides greenbelt connectivity across the property
• Citizens are able to walk or ride bicycles to events
• By bringing citizens together in the venue it helps create a sense of community
• Homes located in proximity to the venue are more marketable
• Supports local businesses by gaining repeat customers
Several individuals indicated that the noise is not objectionable and there is no conclusive proof that
the noise causes any damage.
C. Oral testimony in opposition to the application was presented to the City Council by seven (7)
individuals. They were opposed to the proposed conditional use permit for the following reasons:
• The proposed use is incompatible with the adjacent residential properties due to noise
• Surrounding residents cannot enjoy their backyards during concert events
• Local businesses do not receive a substantial benefit
• The music is being permitted to be played too late and the noise is invasive.
D. Oral testimony neither in favor nor in opposition to the application was presented to the City Council
by three(3) individuals who indicated that if the proposal is approved they requested the following:
• Assurance that the conditions of approval would be adhered to.
• The conditional use permit approval should be reviewed annually
E. The City received 28-written correspondences in the form of letters and emails. The correspondences
referenced the same reason as listed in B,C, and D (above). There were 16-correspondences in favor,
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10-correspondences opposed, and two (2) correspondences that were neutral to the proposed
application.
COUNCIL DECISION:
The Council voted 2 to 2 (Grasser and Shoushtarian against, Mayor Reynolds in favor)to approve
CU-02-11 for a conditional use permit for a Commercial Entertainment Facility(outdoor) and Live
Entertainment Events (weddings, receptions, and corporate events) for Land of Rock, LLC, with
the following Planning and Zoning Commission recommended site specific conditions of approval
and standard conditions of approval with strike through text to be deleted by the Council and
underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The Commercial Entertainment Facility (outdoor) and Live Entertainment Events (concerts-
weddings, receptions and corporate events) are the only uses approved with this conditional use
permit(ECC 8-2-3).
2. The applicant shall submit payment to the City for all engineering and attorney fees incurred for
reviewing this project prior to the issuance of a zoning certificate (ECC 1-7-4[A]).
3. To verify compliance and completion of the conditions of approval required herein, the applicant
shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to
the commencement of the proposed uses on the site (ECC 8-7-2[A]).
4. The conditional use permit for the commercial entertainment facility (outdoor) and live
entertainment events (concerts, weddings, receptions, and corporate events) shall be valid until
June 1, 2012-4. (ECC 8-7-3-5[D][3]).
5. The conditional use permit approval shall be subject to an annual review by the City Council. The
annual review shall be placed on the City Council agenda as a New Business item at a City
Council regularly scheduled meeting in November of the respective year. The City Council shall
have the right to add additional conditions of approval, remove conditions of approval, or modify
any condition of approval to mitigate any concerns the public may have presented to the City
during the course of the concert season. In the event applicant violates the Site Specific Conditions
of Approval and any subsequent conditions set forth in the City Council meeting in the November
meetings, applicant will be provided notice of such violation and be given ten (10) business days
to cure. If no cure is made, the City Council after hearing the matter at a duly noticed public
meeting, may make findings of non-compliance and terminate the Conditional Use Permit or
otherwise amend the Conditional Use Permit. . • . . .- . .. • . ... . • - . .. .
application for review and approval by the City Council prior to November 1, 2011. If the City
. ... . _ • . . ' - . . . . . . . .' . -- (ECC 8-7-3-
5[D][3]).
6. The applicant shall submit a design review application (currently submitted DR-12-11) showing
elevations of the existing building (residential dwelling) and the changes proposed to bring the
building into compliance with the Eagle Architecture and Site Design book, site landscaping, and
parking (ECC 8-2A-6, 8-2A-7). The design review application shall be reviewed and approved by
the City Council prior to the issuance of a zoning certificate (ECC 8-2A-17).
7. Comply with the applicable conditions within the development agreement for rezone application
RZ-14-06 and RZ-14-06 MOD.
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8. The applicant shall submit a dust mitigation plan indicating how dust will be controlled during
events located on-site. The dust mitigation plan shall be reviewed and approved by staff prior to
the issuance of a zoning certificate(ECC 8-7-3-5[D][7].
9. The applicant shall provide an updated noise impact study so that the City Council may make a
determination regarding utilize internal controls (as presented by the applicant at the public
hearing before the City Council on June 21, 2011) for determining an acceptable decibel (dB)
level for live concert event music. The internal controls shall be consistent with the past practice
established pursuant to the Ada County Temporary Use Permit (201000242-TP) approval
(associated with the previous concert venue located on the subject property) prior to the issuance
of a zoning certificate.
10. During a concert event the parking gates for the site shall not be permitted to be open before 4:00
pm; entrance gates for seating shall not be permitted to open prior to 6:00 pm; and the concert
performance shall not begin prior to 7:00 pm. (ECC 8-7-3-5[D][1]).
11. Parking shall be prohibited on East Riverside Drive. The applicant shall place "No Parking" signs
on stakes in the ground along East Riverside Drive, and shall be removed following each event.
"No Parking"signs attached to trees, or poles shall be prohibited.
12. Parking barriers shall be placed at the entrance of the Merrill Park overflow parking area/access
(located adjacent to the western boundary of the subject site)and all curb cut areas adjacent to East
Riverside Drive a minimum of two (2) hours prior to any scheduled event unless a joint parking
agreement is reached between the applicant and the respective owner of the property. The joint
parking agreement shall be reviewed and approved by staff and the City Attorney prior to
execution of the agreement. (ECC 8-7-3-5[D][1]).
13. The proposed parking area shall be constructed as shown on the site plan, date stamped by the City
on March 7, 2011. The 1,108-parking spaces shown on the site plan are adequate for all events to
be held on the site. E. . !: .. .. - •- . . . .- ..
and staff in attendance at an event shall not exceed 3,321 individuals unless the applicant provides
a joint parking agreement for 226 additional parking spaces or as recommended by the Design
Review Board and approved by the City Council. : • .. _ _ ----- . . - - . -
. - . . . -- . • . •: : - - . •:• : •- _ --••-• - ).
14. The ending time for events scheduled on the site shall be 10:00 pm. All patrons attending any
events on the site shall be off the site no later than 11:00 pm(ECC 4-9-3[A]).
15. The applicant shall remove all equipment from the property within seventy-two (72) hours from
the conclusion of an event unless multiple events occur within the same week. The porta-potties
located on-site shall be screened from Merrill Park and East Riverside Drive.
16. The applicant shall be required to have a street sweeper clean and sweep the roads providing
access to the site (Riverside Drive and the Lone Creek Drive stub street) immediately following
each event(ACHD recommended condition).
17. The applicant shall be required to replace the barricade (Lone Creek Drive) at the end of each
event and provide "match work" to level the dirt to the pavement behind the barricade (ACHD
recommended condition).
18. No open burning (bonfire) shall be permitted at any public events scheduled to occur on the site
unless a burn permit is issued by Eagle Fire District and a copy of the burn permit is provided to
the City of Eagle(ECC 4-6-7).
19. The applicant shall not be permitted to impede any irrigation and/or drainage water with any
construction on the site.
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20. The applicant shall provide documentation from Ada County Development Services confirming
that the work associated with the floodplain development permit and grading permit is completed
and in conformance with the approved permits (ECC 10-1-7[A]). The documentation shall be
provided prior to the issuance of a zoning certificate(ECC 8-7-2[A][1]).
21. A paved pathway shall not be required until such time the property is developed in the future,
however, the applicant shall allow public access across the property in alignment with the paved
pathway to the east (Lonesome Dove Subdivision) and the non-paved pathway west of the
development (Eagle River site). - . . - - - . - .. . .. . . .- - .
the eastern property line to the western property line. The applicant shall submit a pathway
development plan for review and approval by the City's Park and Pathway Development
the issuance of a zoning certificate.
22. The applicant shall work with Boise River Flood Control District No. 10 to provide an access and
gate adjacent to the eastern boundary of the site to the levee area. The access and gate shall be
installed prior to the issuance of a zoning certificate.
23. The concert season shall run from May 1" to October 31' during the same calendar year. The
applicant shall be limited to fifteen (15) concerts per concert season, one (1) ballet, and one (1)
musical play.
24. The applicant shall meet with the City Council during a Council meeting a minimum of once a
month to address citizen and community concerns regarding the concert events.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of a zoning certificate.
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
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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
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.
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
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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.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon 'which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
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and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 6:30 PM, Thursday, January 6, 2011, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on March 7, 2011.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on April 11, 2011. Notice of this public hearing was mailed to property owners within one
thousand feet (1,000-feet) of the subject property, in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 8, 2011. The site was posted in accordance with
the Eagle City Code on April 22, 2011. Requests for agencies' reviews were transmitted on March 14,
2011, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 23, 2011. Notice of
this public hearing was mailed to property owners within one thousand feet(1,000-feet) of the subject
property, in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 19, 2011. Since the applicant requested the application be continued to June 21, 2011,
additional notice was mailed to property owners within one thousand feet (1,000-feet) of the subject
property on June 15, 2011. The site was posted in accordance with the Eagle City Code on June 4,
2011.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-02-11) 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 conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) since a commercial entertainment facility (outdoor)
and Live Entertainment Events (concerts, weddings, receptions, and corporate
events) may be permitted in the M-U (Mixed Use) zoning district if a conditional
use permit is approved by the City Council;
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
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Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the applicant will be required to meet the conditions of approval associated
with the conditional use permit. The City Council will conduct an annual review
of the approved use. The annual review will consist of a review of the applicant's
compliance with the conditions of approval, citizen and community concerns
documented during the City Council's monthly meetings with the applicant, and a
review of any written complaints received by the City concerning the approved
use. In regard to an amendment to the conditions of approval, the parties shall
cooperate in good faith to agree upon and use reasonable efforts to process any
amendments to the conditions of approval;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the proposed use will be located adjacent to a mixed use development
(Eagle River Development), public park (Merrill Park), vacant lot, and a
residential development (Lonesome Dove) where residential dwellings are
currently being constructed. The applicant is requesting the proposed use as a
temporary use and the property will eventually be converted to a residential
subdivision;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is currently bordered by the Boise River to the south, existing office and
commercial uses to the north (Eagle River Development), developing residential
subdivision to the east (Lonesome Dove Subdivision) and a vacant lot and city
park (Merrill Park) to the east. The closest area where a residential dwelling may
be constructed is approximately 1,000-feet away from the proposed removable
stage. Also, the volume of the music will be consistent with the past practice
established pursuant to the Ada County Temporary Use Permit (201000242-TP)
approval (associated with the previous [2010] concert venue on the subject
property);
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 since the
site is currently served by a residential collector and local street, and pursuant to
the responses from the affected agencies, and as conditioned herein, all concerns
have been addressed;
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant will employ staff to address parking, security, trash
cleanup and the facility will not require any public facilities beyond what is
already in place;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors
since the property is adjacent to a collector road, the concert events will be
regulated pursuant to Eagle City Code, noise will be regulated pursuant to Eagle
City Code, and there will be no open bonfires;
H. Will have vehicular approaches to the property which are designed to not create
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an interference with traffic on surrounding public thoroughfares since the site has
two (2) access points to a residential collector (East Riverside Drive), a
connection to an additional local street (East Lone Creek Drive), requirement for
dust mitigation, and the applicant is required to clean and sweep the streets
following each event. Also, Ada County Highway District has approved the
access points to the site; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the existing trees will remain in place and the
area where the uses are proposed to be located is north of the north channel of the
Boise River and there are no known natural, scenic, or historic features located on
this portion of the site.
DATED this 28th day of June, 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
,,,,,,,,,•,,,,,,,,,.
.
James D. Reynolds, Mayor 4/ 5/1a05 fei r ' r`a *.,,,,,,s
CO 11` iSh,� •
•
ATTEST: C�' e t' ; - , ��o c�•
uac • p
Q
•haron . Bergmann, Eagle City Cle k -„ ,, .,,�,�.•
or
r{ Fi rp ry c s "e"".
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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