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Minutes - 2011 - City Council - 06/28/2011 - Regular EAGLE CITY COUNCIL Minutes June 28, 2011 PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. 1. Eagle Historical Museum tour and talk: Please meet in front lobby of the Museum [67 E. State St] at 5:30 p.m. for the tour and talk. Museum Curator, Laurie Baker, welcomed the Council and provided a tour of the museum, discusses the new exhibits,the photo book and the operations of the Museum. CommissionersNolunteers Pam Kelch and Alana Dunn give Council an overview of what they are doing as volunteers at the Museum and as Historical Preservation Commissioners. General discussion. INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Council President Shoushtarian calls the meeting to order at 6:35 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Council President Shoushtarian leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Mark Butler, Sunday the parking lots for my buildings are being stripped and I thought it might be a cost savings if the City had their parking lots done at the same time. I just wanted to bring this to your attention. Susan Alcox, Treasure Valley Hearing and Balance, a couple of meetings ago we asked the Mayor to declare a better hearing month and tinnitus awareness week. We are here to make some follow up comments to that meeting. Jackies Alcox the owner of our business is here with us tonight and Dr. Mal Allen. Dr. Allen discusses the cause, symptoms and treatments for tinnitus. General discussion. Lisa Marie, I currently live in Hollywood California, we moved to Eagle in 1998, discusses multi-chemical sensitivity and provides a history of the medical condition of her mother who suffered from this disease. Provides Pass4Kids fund raiser and provides handouts to the Council and discusses the same. 5. CONSENT AGENDA: • Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. Page 1 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-28-11min.doc B. Findings of Fact and Conclusions of Law for RZ-08-03 MOD2— Modification to Development Agreement(Instrument No. 105007541 and No. 108130290)—(Arts West Subdivision aka Symphony Subdivision)- Eagle Island Crossing LLC: Eagle Island Crossing, LLC, represented by Scott Schneider with Gardner Ahlquist Development, is requesting a modification to the rezone development agreements(Instrument No. 105007541 and No. 108130290)to remove the requirement that Fisher Park Way be connected to Flint Drive prior to the issuance of a building permit for the restaurant with drive-thru. The 16.05-acre site(Arts West Subdivision) is generally located 1,320 feet east of N. Park Lane on the north side of State Highway 44. (WEV) C. DR-23-11 -Two Building Wall Signs for Head to Toe Massage Therapy-Joe Osier: Joe Osier, represented by Carter Little with Signs Etc., is requesting design review approval to construct two non-illuminated building wall signs for Head to Toe Massage Therapy. The site is located at the north side of East Riverside Drive approximately 320-feet east of Eagle Road at 150 East Riverside Drive, Suite 160. (WEV) D. Findings of Fact and Conclusions of Law for CU-02-11 — Commercial Entertainment Facility (Outdoor) and Live Entertainment Events (Concerts) - Land of Rock, LLC.: Land of Rock, LLC, represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval for a Commercial Entertainment Facility (outdoor) and Live Entertainment Events (Concerts). The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) E. Findings of Fact and Conclusions of Law for RZ-14-06 MOD—Modification to Development Agreement Associated With The Loft at Eagle River Subdivision—Sea 2 Sea LLC: Sea 2 Sea, LLC, represented by Shawn Nickel, is requesting modifications to the conditions of development to be placed into a development agreement associated with the MU-DA(Mixed Use with a development agreement)zoning classifications for The Lofts at Eagle River. The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Street. (WEV) F. Minutes of June 14,2011. Semanko moves to add as Agenda Item 9E. New Business a noise waiver for The Gathering Place. Seconded by Huffaker. ALL AYES: MOTION CARRIES Grasser removes Item#5D from the Consent Agenda. Huffaker moves to approve the Amended Consent Agenda,Items#5A,B, C,E and F. Seconded by Grasser. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES .. 5D. Findings of Fact and Conclusions of Law for CU-02-11 — Commercial Entertainment Facility (Outdoor) and Live Entertainment Events (Concerts) - Land of Rock, LLC.: Land of Rock, LLC, represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval for a Commercial Entertainment Facility (outdoor) and Live Entertainment Events (Concerts). The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) Grasser: Mike we just got this today; can you review this for us. City Attorney Buxton: We received late yesterday a letter from Joanne Butler in behalf of Eagle River asking for a reconsideration of Item#5 on the Site Specific Conditions of Approval. Mr. Page 2 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-28-I Imin.doc Ennis Dale who represents Eagle River as well has been in contact with me and we talked about some of the issues and concerns. One of the things they asked for is a Reconsideration. Reconsideration is allowed under Idaho Law for state agencies and not cities or counties unless a city or county provides for same in their ordinances and we do not have that. Discussion on some specific changes that were discussed with Mike Williams, City Planner. Discussion on the Findings. Planner Williams displays overheads and provides Council an overview of the changes to the Findings of Fact and Conclusions of Law present tonight. General discussion. Creston Thornton discusses the sound studies which he has agreed to provide to the Council. Grasser: so our City Attorney is telling us that even though I may disagree with every one of these items but I agree the accuracy of what was said is correct,I'm not endorsing this in any way, shape or form, I am stickling saying that on my honor and my recollection this is what was ultimately approved last week with the substantial intent, even though I don't agree with it, but the accuracy is there,that is all we are voting on. By voting on this I am only attesting to my believe that this is an accurate depiction of what happened last week. Further general discussion. Semanko moves to approve the Findings of Fact and Conclusions of Law,the last version that has been presented to us tonight by Mike with the only change from the previous version was the ability to cancel with a 10 day notice if no cure is made. #5 strike the words "in writing" so it would say "the concerns the public would have presented to the City during the course of the concert season". #9 that the language be modified to be consistent with the language of the motion which I read three times tonight. In#5 "may make findings" needs to be added,the word "may" is missing. Seconded by Huffaker. Discussion. Grasser: our attorney has advised us as to what this truly means,it is not an agreement or acknowledgment of our wishes it is strictly an acknowledgement of what happened last week is accurate. Further discussion. ALL AYES: MOTION CARRIES... 6. PROCLAMATIONS& RESOLUTIONS: A. Resolution 11-21: A resolution of the City of Eagle recognizing and supporting the State Street Transit and Traffic Operational Plan(State Street TTOP); providing a severability clause; and providing an effective date. (WEV) Council President Shoushtarian introduces the issue. Planner Baird-Spencer: I have a presentation that you have seen before and if you don't want to see it again I am going to give you a brief summary on 6A and 6B. Planner Baird-Spencer provides Council the summary. General discussion. Shoushtarian moves to approve Resolution 11-21,a resolution of the City of Eagle recognizing and supporting the State Street Transit and Traffic Operational Plan (State Street TTOP); providing a severability clause; and providing an effective date. Seconded by Grasser. Discussion. City Attorney discusses St. Al's need for access. Further general discussion. Semanko makes a substitute motion and moves that we adopt the Resolution 11-21 with an additional WHEREAS that recognizes that if we are to have the Plaza Drive TOD and the Park`n Ride that are included in the plan that some access from Highway 44 will be necessary and that Section 3 be amended under the THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL to add a clause that says "provided that safe access contemplated in the plan for Plaza Drive TOD and Park`n Ride be provided from State Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-28-11min doc Highway 44. General discussion. Seconded by Huffaker. ALL AYES: MOTION CARRIES B. Resolution 11-22: A resolution approving the Memorandum of Understanding for the 2011- 2014 State Street/Idaho 44 Transit Corridor Implementation Coordination between Ada County, Ada County Highway District, Capital City Development Corporation, City of Boise, City Of Eagle, City of Garden City, Community Planning Association of Southwest Idaho, Idaho Transportation Department, Valley Regional Transit; authorizing the Mayor to execute the agreement; and providing for an effective date. (WEV) Council President Shoushtarian introduces the issue. Planner Baird-Spencer provides an overview of the Resolution. General discussion. Semanko moves to approve the MOU and that Staff and Mayor in communicating to the partner agencies that we have elected to sign on to the MOU and that we also transmit in a letter a copy of our Resolution that we just adopted emphasizing our concern about the safe access issue. Seconded by Huffaker. Discussion. ALL AYES: MOTION CARRIES 7. UNFINISHED BUSINESS: NONE 8. PUBLIC HEARINGS: A. Ordinance 658: An ordinance of the City of Eagle, Idaho, amending Title 1, Chapter 7, Section 4 "fee schedule for land use planning actions"; providing a severability clause; and providing an effective date. (WEV) Council President Shoushtarian introduces the issue. Zoning Administrator Vaughan provides an overview of the ordinance. General discussion on changes. Council President Shoushtarian opens the Public Hearing Council President Shoushtarian closes the Public Hearing General discussion. Semanko moves with changes that Susan has presented,that pursuant to Idaho Code, Section 50-902,that the rule requiring Ordinances to be read in full be dispensed with, and that Ordinance#658 be considered as having been read the first time after being read once by title only. Semanko reads Ordinance#658 by title only. Seconded by Huffaker. ALL AYES: MOTION CARRIES Further general discussion. B. Resolution 11-20: A resolution adopting a fee schedule pursuant to section 1-7-4 of the Eagle City Code, to provide for the establishment by resolution of fees for land use planning actions; and providing for effective date. (WEV) Council President Shoushtarian introduces the issue. Planner Baird-Spencer provides an overview of the fess for Council. General discussion. Council President Shoushtarian opens the Public Hearing Council President Shoushtarian closes the Public Hearing General discussion. Grasser moves to approve Resolution 11-20: A resolution adopting a fee schedule pursuant to section 1-7-4 of the Eagle City Code,to provide for the establishment by resolution of Page 4 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-28-I I min.doc fees for land use planning actions; and providing for effective date and to change the language as to the Whereas. Discussion. Seconded by Huffaker. Discussion. Huffaker: AYE; Shoushtarian: Nay/Semanko: Nay: Grasser: AYE: MOTION FAILS Huffaker moves to continue this item to the July 26,2011 meeting with the recommendations that Council Member Grasser and Semanko mentioned tonight. Seconded by Semanko. ALL AYES: MOTION CARRIES 9. NEW BUSINESS: A. FP-02-11 -Final Plat for M-3 Hanson Subdivision—M3 Companies,LLC: M3 Companies, LLC, represented by Scott Wonders, P.E.,with Stanley Consultants, Inc., is requesting final plat approval for M-3 Hanson Subdivision, a five(5)-lot(four(4)-buildable, one (1)-common)residential subdivision. The 24.22-acre subdivision is generally located on the west side of North Hartley Road approximately 0.8 miles north of West Beacon Light Road. (MJW) Council President Shoushtarian introduces the issue. Planner Williams provides Council an overview of the final plat. General discussion. Scott Wonders, representing the applicant and the engineer of record, discusses the design of the road and the drainage. General discussion. Semanko moves to approve FP-02-11 -Final Plat for M-3 Hanson Subdivision—M3 Companies,LLC. Seconded by Huffaker. ALL AYES: MOTION CARRIES B. Ordinance 662 -Annexation and Rezone—The Lofts at Eagle River: An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County,Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Changing The Zoning Classification Of Said Real Property Described Herein From RUT(Rural- Urban Transition)To MU-DA(Mixed Use With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Council President Shoushtarian introduces the issue. Planner Williams provides Council an overview of the Ordinance. Huffaker moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#662 be considered after being read once by title only. Huffaker reads Ordinance#662 by title only. Seconded by Semanko. ALL AYES: MOTION CARRIES Huffaker moves that Ordinance#662 be adopted. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Grasser: AYE; ALL AYES: MOTION CARRIES C. Discussion of two pending MOUs with the BLM addressing the 2,000 Recreation and Public Purposes Act application and Wildland Urban Interface.Representatives from the BLM and City staff will provide the City Council and overview of the two MOUs and discussion process for adoption. (NBS) Council President Shoushtarian introduces the issue. Planner Baird-Spencer provides Council an overview of the two MOUs and discussion process for adoption. Discussion on MOU for Park Land. General discussion. Page 5 K:\COUNCIL\MJNUTES\Temporary Minutes Work Area\CC-06-28-1 I min.doc Matt McCoy, Assistant Field Manger, discuss the MOU. Discussion on some minor changes to the MOUs. Further general discussion. Council concurs to move this MOU for Park Land forward. Planner Baird-Spencer provides Council an overview of the Wildland Urban Interface Management and the Wildland urban interface Background Documents. Matt McCoy, provides a further overview of the MOU,the Wildland Urban Interface Management and the Wildland urban interface Background Documents. General discussion. General discussion on changes. Council concurs to move these forward. D. Joint Powers Agreement for Street Naming,Address Numbering,and Application Transmittal from the City of Eagle to Ada County Assessor's Office: (MJW) Council President Shoushtarian introduces the issue. Planner Williams provides the Council an over view of the Joint Powers Agreement. General discussion. Huffaker moves to direct the Mayor in behalf of the City to sign the Joint Powers Agreement. Seconded by Grasser. ALL AYES: MOTION CARRIES E. Noise waiver for the Gathering Place. Council President Shoushtarian introduces the issue. Semanko reads the memo in regards to the Noise waiver for the Gathering Place. General discussion. Semanko moves to approve this request until midnight. Seconded by Grasser. ALL AYES: MOTION CARRIES 10. REPORTS: a. Mayor and Council Reports and Concerns: Semanko: I have one question,what is going on with the zoning ordinance amendment for parking in the Downtown. Zoning Administrator Vaughan states that this item will be on the July 12th Council Agenda. General discussion. Discussion on the extension of the Commercial Entertainment Facility definition. General discussion on not having a Council meeting on July 26th General discussion on the date to continue the PZ Fee Schedule to. Semanko moves to reconsider the setting of the date for the fee continuance. Seconded by Huffaker. ALL AYES: MOTION CARRIES Semanko moves to continue the item to July 7th Budget Meeting instead of July 26th. Seconded by Huffaker. ALL AYES: MOTION CARRIES No Council Meeting on July 26th. b. City Clerk/Treasurer Report: City Clerk Bergmann presents a signature page from Bank of NY Mellon Trust Co that needs to be signed by the Mayor and City Council as the Idaho Bond Bank has appointed them as the Trustee on the City's General Revenue Bond for Library. Discussion on the meeting date with Sheriff Raney. Council concurs on July 12, 2011. Page 6 K\COUNCIL\M[NUTES\Temporary Minutes Work Area\CC-06-28-I I min.doc As per your direction I e-mailed Phillip Robertson this morning and had a discussion with him this afternoon and he will try to have some information to be by this Thursday. General discussion. c. Zoning Administrator's Report: Discussion on the Idaho Power Franchise Fees in regards to our West Entry sign and the new intersection. We are trying to decide if the sign should be moved in advance of the new intersection. We need to decide if we can put the power lines underground when the intersection is being constructed as it would be cheaper. Discussion on the Chevron pipeline. d. Public Works Director Report: No report e. City Attorney Report:No report 12. ADJOURNMENT: Semanko moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:40 p.m. Respectfully submitted: ,„„, II n,,,,,, • "' C 0F£, �� - ./✓/�.// *;, � 6%C ' SHARON K. BERGMANN ;� �:�oK��okgT�te,%` CITY CLERK/TREASURER * �, • c . * A 'ROVED: P. � L FAMES D. REYNO MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-28-11min.doe EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP June 28, 2011 SUBJECT: Resolution 11-20: A resolution adopting a fee schedule pursuant to section 1-7- 4 of the Eagle City Code, to provide for the establishment by resolution of fees for land use planning actions; and providing for effective date. TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP June 28, 2011 SUBJECT: Ordinance 658: An ordinance of the City of Eagle, Idaho, amending Title 1, Chapter 7, Section 4 "fee schedule for land use planning actions"; providing a severability clause; and providing an effective date. NAME ADDRESS • TESTIFY PRO/ CON or YES/NO NEUTRAL PRESS RELEASE Lisa Marie, Founder "PASS4kids ReddRox,SunnRooibos,PlanitUrth" Eagle, Idaho Companies Secretly Hydrating the NFL since 2006 San Diego Chargers, NY Jets, Philadelphia Eagles, GreenBay Packers, Boston Red Sox, Cincinnati Reds 2011 PASS4kIds Tour of Life Idaho & California Hollywood, Los Angeles, Laguna Beach, San Francisco, Eagle, Meridian, Sun Valley, Boise www.pass4kidstour.com Auditions• All Kids Talent — whatever is your passion =IF {community bites} 9A Parents Alternatives to Syntketics Sugars & A Non -Profit Organization by Mary Defayette The movement starts here! Eagle, Idaho is the home of the beginning of something big! Lisa Marie of Eagle is taking this initiative to the world. Think of the pink ribbon of breast cancer.... The PASS4kids logo is the same idea for bringing an end to the use of high fructose corn syrup on our food and drinks. The goal is to end childhood obesity, cancer and diabetes caused from poor nutrition and hydration. Companies from all over the country are clamoring to be a part of the movement. Pass4kids logo will soon be seen on all kinds of products that promote the cause... ending childhood obesity, cancer and diabetes. Eliminating high fructose corn syrup from our kid's diet is just the beginning. From here, there are so many directions Lisa is taking the initiative. How would you like to send a box of Idaho Apples to a child's classroom? Local farmers and schools are working together so that you can do just that. It all starts with eating healthy foods and eliminating the junk that is everywhere. Check the labels of the foods you are serving... corn syrup in bagels? Yep, how about chocolate milk and cough syrup? Yep! With the recognition of the PASS4kids logo you can be sure that the products you buy are HSFS free. Lisa Marie has had great success starting with her own creation RedRoxx energy drink. From the NFL to the MLB, top athletes switched from traditional sugar laden sports drinks to Red Roxx. That was just the beginning. Now it's full on war against HFCS. According to Lisa, " For many years I have been working to figure out how to take all of my hard work with my professional contacts in the medical community, NFL, MLB and Hollywood. Drawing national media home to Idaho helps demonstrate that we can be a great role model state for the rest of the country. In PASS4kids as a vehicle to create jobs, create and produce amazing entrepreneurs. Companies around the country will have a vehicle to sell more of their products in their own states by allowing their citizens to purchase earth friendly products that provide public and private schools with food & beverages free of HFCS (High Fructose Corn Syrup) and other processed sugars. Celebrities have committed to speak all over the country building PASS4kids awareness." 14 I February 2010 PASS4kids was invited to launch at the NFL Alumni Super Bowl Celebrity Golf Tournament February 5th in Miami. A PASS4kids Sparrow Celebrity Guitar will be silent auctioned at the NFL Alumni Celebrity Golf luncheon where PASS4kids heartfelt individuals will be introduced. Kids will be anxious to participate with the program when they realize they can eat better, feel better, help others and win great prizes like NFL signed guitars! The big launch is happening in Miami at the NFL Alumni Celebrity Golf Super Bowl Tournament. Lisa's commitment to including Idaho in the launch is admirable. Buy Idaho is on board and ready to help with the massive launch. I have read many the letters from NFL and MLB trainers, players and coaches. They can't stop talking about how much better they feel since they are no longer pumping themselves full of sugar and caffeine for rehydration. The Red Sox swear by it, and they do have a pennant to show for it! Go to PASS4kids.org to learn more about how you can be involved. >> A PASS4kids Sparrow Celebrity Guitar will be silent auctioned at the NFL Alumni Celebrity Golf luncheon. tit'Ai AWtiI1r r*IMIAts.1 wrok* rG :•5 �.e r..� Mfssrolf �r.�w•rn.•,,-..n..r,r.w,rr►.,vr.-e+.s,.....ar sir ' j 0 Eagle Informer Infor IT'S IN THE INFORMER. EAGIt& VEEBRUARY 2010 cC. Cif ,,--C'c, C� CHOCOLATE find everything you Heed for VALENTINE'S DAY IN EAGLE fun celebrations Mardi Gras Memories Groundhog Day Superbowl Fun POSTAL CUSTOMER EAGLE, IC 83616 $ PRSRT STD US POSTAGE PAID EAGLE ID PERMIT NO. 10 • , Eagle entrepreneur's ReddRox sports drink has fans even before it hits store shelves Developer says the additive -free beverage hydrates athletes better than other products BY BRAD TALBUTT btalbutt@idahostatesman.com Elite athletes are always look- ing for an edge, and they're not always picky about where they find it. In 2000, the Philadelphia Ea- gles credited a blistering open- ing day victory in Dallas to pick- le juice. At the time, they be- lieved the salty green liquid hy- drated them better than plain water or commercial sports drinks like Gatorade. Now, a self -described mommy from Eagle says she has the real pickle juice, and she has con- vinced a growing number of doctors, professional athletes and Hollywood insiders, even though the product has yet to reach retail shelves. Lisa Marie, 45, formerly known as Lisa Marie Goold, has mounted a stealth campaign to get professional ath- letes to drink ReddRox. Lisa Marie talks about her sports hydration drink, Red- drox, and the South African plant it is made from as if her life depended on the drink's suc- cess. Additives in beverages and other foods can hurt people, she says. "My mother struggles for her life.every single day because of chemical sensitivity," Lisa Marie said. "She's in pain, has seizures and is depressed. She wanted to kill herself. It's all because of the chemicals we consume." Rail -thin, with wavy black hair and intense wide, brown eyes, Lisa Marie turned to find- ing a cure. What she found was the rooi- bos plant. Rooibos, an Afrikaans word meaning red bush, is a twiggy South African shrub used to make a red tea. It is high in anti- oxidants, vitamins and minerals and has no caffeine, according to Herbalgram, the magazine of See REDDROX, BUSINESS 4 jag LEARN MORE ABOUT U REDDROX AND THE PASS FOUNDATION IdahoStatesman.com KERRY MALONEY / kmaloney@idahostatesman.com ReddRox Inc. founder Lisa Marie plans to auction a custom Sparrow guitar — signed by members of the San Diego Chargers — to benefit the Parents' Alternative to Sugars and Synthetics Foundation, which she also founded. Her conviction that chemical additives in our food are responsible for much illness in America led her to create the PASS Foundation to educate people about alternatives to processed and chemical -laden foods. 4 BUSINESS • TUESDAY, FEBRUARY 3, 2009 REDDROX CONTINUED FROM BUSINESS 1 the American Botanical Coun- cil In 2000, while the Eagles were quaffing pickle juice hop- ing to prevent cramps, Lisa Marie sold rooibos tea under the name Sunnrooibos. But three years ago she developed a wa- ter-soluble, crystalline form of the product, which she packages in individual servings, and called it ReddRox because the granules are red. ReddRox fights dehydration, which can hurt athletic perform- ance and cause buildup of toxins in the body, she said. She says the drink is an organic alterna- tive to Gatorade and other sports drinks, which use artifi- cial colorants and high fructose corn syrup, among other addi- tives. -' Dr. Marc Micozzi says Lisa Marie is on to something. A practicing physician in Silver Springs, Md., Micozzi is an an- thropologist who has studied the use of medicinal plants for decades. He has written several books, including "Complemen- tary and Alternative Medicine in Cancer Care and Prevention," and directs the Policy Institute for Integrative Medicine at Thomas Jefferson University Hospital in Philadelphia. "Indigenous people have used the rooibos to survive in the Kalahari desert for cen- turies," he said. "Obviously it takes more than hydration to win football games, but I've seen enough to convince me the ef- fects of the stuff (rooibos) on sports performance are real." Micozzi has monitored rooi- bos and Reddrox use by the Philadelphia Eagles, the Boston Red Sox, the San Diego Charg- ers and the Boise State Broncos, who drank it during their unde- feated 2006 football season. 8RADTALUTT/ Idaho Statesman ReddRox is a certified organic sports hydration drink produced by an Eagle company, ReddRox Inc. • He said the nutrients in rooi- bos closely match the require- ments of the human body, a bal- ance necessary to maintain healthy levels of fluid, salts and electrolytes. Many of the the Boston Red Sox were drinking ReddRox, supplied by Tisa Marie, during their run-up to the 2007 World Series. Head trainer Paul Lessard said he remembers when the drink became popular. "It was during spring train- ing," he said. "One of the guys had a real bad hangover, and he drank a ReddRox and felt better almost immediately. Everyone figured it must be an effective hydrater after that, and the word of mouth really took off" Lessard said players cramped less and didn't fatigue as quickly after drinking ReddRox. The drink may be locked out of the big leagues. According to Food and Drink Weekly, Gatorade and its parent compa- ny, Pepsico, have a $500 million contract granting Gatorade ex- clusive rights to NFL sidelines through 201L Lisa Marie has carried out her campaign for locker room ac- ceptance below the NFL's radar, supplying ReddRox to teams for consumption out of the view of Tv cameras and in containers not labeled. ReddRox. She also developed a relation- ship with another upstart with potential ties to the league. The United National Grid- iron League is preparing to open its first football season with teams in eight cities this March. The league hopes to become a developmental system for the National Football League. In a letter to Lisa Marie, UNGL founder and Chief Exec- utive Officer Marvin Tomlin said, "ReddRox will be the ex- clusive sports water for the UNGL." And in Hollywood, marketing agent Marsha R. Levine said she was so impressed with Lisa Marie's vision to detoxify the world that she accepted her as a client at no charge. Levine's agency, A List Entertainment, gets corporate clients like Dr Pepper. and Duracell exposure on shows like "Desperate Housewives" and movies like "Hitch." Now Lisa Marie is trying to get her drink into retail outlets and restaurants, The instant granules have been available on Bodybuild- ing.com for more than a year, and a spokesperson at Sysco Food Services of Idaho said Lisa Marie is working with Sysco Idaho to stock ReddRox for dis- tribution to area restaurants. This week it will be on the shelves of Jimbo's, a natural foods store with four locations in San Diego, said Gary Zingale, director of sales at Concept Sales in California. Brad "Palbutt 672-6737 PRESS RELEASE 2011 PASS4kids 'four of Life e r Ct'liftr;ii lead t 0 •...0 O; reSi�1et m Stop Teenage Homelessness in the USA The 2011 PASS4kids Tour of Life "Our Kids Have The Solutions To Fix Planet Earth" this national tour starts August 13, 2011 in Hollywood, Laguna Beach, San Fransisco, California, Eagle, Meridian, Boise & Idaho. We must stop teenage homelessness that has become out of control, our children are the future. PASS4kids has created solutions that will give jobs for our homeless teenagers. Many of our homeless teens are a result of being orphans & foster children much of their lives. Lisa Marie Founder of PASS4kids has been in Hollywood working with her writers & directors on the documentary book and movie that will be release 2013. Her home is right on Vine Street in between Sunset & Hollywood Blvd right on the celebrity stars that our homeless children sit on everyday with signs asking for Food, Work & Shelter. Out of her balcony her heart breaks daily watching these children with their brothers, sister & their pets sitting in front of Trader Joe's. One night Lisa could not take it anymore, she took her PASS4kids Charger's Electric Guitar and the PASS4kids Custom Converse High top tennis shoes that she just received. These shoes were created so our nation can donate a pair for every orphan, foster & homeless child in our nation. Not only do they get a pair of shoes which is the most vital clothing item, they now have a symbol of family and unity. Lisa made a commitment to 6 high profile business owners right on her street that she will develop a system to stop this tragic crisis. She quickly research that every state has the same teenage homeless tragedy including her own home state Idaho. The next day she went down the street and confronted the Blessed Sacrament Food Bank that PASS4kids can help employ homeless. All people and companies want to donate to PASS4kids, it is time to create jobs and help all the homeless RIGHT NOW We have to focus every waking moment on fixing our broken Air -Water - Food, our orphan, foster & homeless children are the most nutritionally depleted children in our country. We must start today focusing on our nations children that are in need. We can simply start by cleaning Planet Earth's environment by 1% that would save millions of lives by becoming conscious. PASS4kids made an immediate decision that we must travel our country so our children lead by saving themselves first, they have solutions that are real "we must listen to them ". This world is in a chemical warfare that is killing us, we have no water to drink & food that looks like food but has no nutritional value, almost everything in our homes poison us and we don't even know it. PASS4kids Global News & Report * June 13, 2011 Donate a Pair of PASS4kids Converse Shoes Form Help us clothe our foster, orphan & homeless children in your state one child at a time. Your Donation helps put shoes give children safety & a sense of pride! 1 would like to donate 1 pair of shoes @ $130.00 per shoe $ I would like to donate 2-5 pair of shoes @ $120.00 per shoe $ 1 would like to donate 6-10 pair of shoes @ $110.00 per shoe $ I would like to donate 11-100 pair of shoes @ 95.00 per shoe $ Mailing address: PASS4kids 3985 Preamble Place, Idaho 83706 Checks payable to: PASS4kids Visa or MC Card Number: Name on Card: Billing Address: Exp. Date: 3 digit security code: state zip code By signing, you agree to charge the total amount checked above to your credit card. Signature: Date: "Sweet Journey to the NFL" Lisa's Story January 13, 2002 marks the date than Lisa Marie embarked on a journey "to fir the worlds rarer so millions of lives are saved". This mother Only, put her life on the line. 1 can roll you that her accomplishments are the world's greatest untold stony. You are privileged to my point if pm are reading this now. PASS4kids University will empower children of the world by educating them how to lire their lives in balance with mother earth globally. This amazing letter is a short outline Jnr the soon to be released books and movies, first hook "Sweet Journey to the NFL" was named hr children. Four rears ago 1.said to Lisa "I am going all the way with you". God Bless. Keith David, PASS4kids President (actor, EMI?' winner) My name is Lisa Marie and 1 am the Founder of PASS4kids which has been a 17 year journey in developing this very special nonprofit organization which teaches children how to educate their communities of what they should NOT cat, drink, breath or wear. 1 believe if children arc raised in which they can drink nutritive water and live foods that we can save the future of our planet. God Bless all of the children that have already spread PASS4kids worldwide. the new/old culture. PASS4kids was created and founded by myself and many loyal, compassionate NFL, MLB trainers, coaches and players. PASS4kids became a legend because of the endless effort of Stephen Morris, Founder of Sparrow Guitars of Vancouver, Canada who recognized immediately our water & chemical crisis. Quickly the PASS4kids guitar symbol became known as the mark of safety. The efforts of Stephen's team of angels built guitars night and day. PASS4kids children from all walks of life change their lifestyles as thcy disseminate their life-saving knowledge to others. Obesity, cancer and diabetes combined is the ntanbcr one KILLER of kids today. In 2002 thanks to Rick Burkholder of the Philadelphia Eagles. I entered the NFL world to prove that our nations drinking water is the silent killer. From 2002 to 2011 NFL & MLB teams were selected based on their owners, trainers and coaches integral hearts. For the past 9 years my invention has been on NFL sidelines and MLB Dugouts. Absolute success. we have had consistent wins since 2006. athletes have shown extreme hydration body performance differences. I have been internationally and nationally recognized for enabling children to have their voices heard in the media. it is the only way we will fix our broken water and food system. The focus must always remain on the children; thcy have been my inspiration and my real true friends. So many children helped me make it through the tough times when business leaders and other adults harshly criticized and gave up on me. Unfortunately. in our business world today thc actions of people reveal a lack of honesty and loyalty. Bluntly, many people arc in dire need of integrity classes. One must build a bulletproof resume based on solid integral actions to prove one's trustworthiness. My mother taught me that the only thing that matters is living every minute with integrity, honesty and kindness. If you make a mistake. learn from it and treat everyone the way you want to be treated. Being driven by money is not in the equation. no exceptions ever. 1 pray every day and thank my mother and God for my success and the strength to never give up. Being featured in the US News & World Report March 2005 opened doors you usually only dream of. September 2009 I was presented the Los Angels Dodger's Community Service Award at Dodger's Stadium in front of 10.000 spectators. News from WomenEntreprenueur, "Lisa, based on your business leadership and global accomplishments, 365 women are chosen worldwide, your quote will be seen by millions this November 12, 2009". "A Leader's Role is to Turn Obstacles into Opportunity". With these media accomplishments scientists from all over the world reached out to help me invent the greatest secret to hit this globe; which will save millions of lives. LYSA Says companies will be registered June 13. 2011 in AZ, FL, Ill, RI, NY, CA, Canada. England and South Africa. These companies will create many entrepreneurial opportunities and jobs alt over the world. The focus of America has to be on the careers of our youth and seniors, thereby creating a universal model upon which kids can and will become passionate leaders. In 20141 will run for the United States Congress so that I can do my part to help give hack to our country and our planet. PASS4kids StarrmRaiders will be reaching out to all Foster and Orphans of the world. we start now in the USA. These precious children will have PASS4kids as their fancily for life. Forever they will be given water and food as free of chemicals as possible for every child. When 1 was a child in Tampa, going to school at Villa Madonna. dolphins were being murdered by tuna nets. When this horrific problem was discovered, many people did what they could to educate the public with NO success. Kids of America. when shown disturbing pictures of dead dolphins. took action and made things happen. For example, I told anyone 1 could talk to about this terrible practice - and t was only nine years old! Children all over the USA stopped eating tuna and amazingly, they changed how the tuna industry netted tuna forever. How? Kids' passion and compassion can move mountains. Too many children arc being born with abnormalities; one is too many. 1Vc have gone from murdered dolphins to murdered children. My 78 -year-old mother has suffered every day since 1986 due to second-hand cigarette smoke exposure. She was tired for wearing a surgeon's mask. which was the only way she could work. There is an obvious lack of compassion for others in our nation. Her illness is the most unrecognized in the world today: "MCS - Multiple Chemical Sensitivity". Millions suffer from it, and many resort to living in their cars where they feel they can be safe from chemical exposure. My life over the past three years has been with my NFL brothers on thc road, educating our children in sonic of the smallest towns about our water crisis and the HORRIFIC results of obesity, cancer and diabetes. Babies are struck all over the world. Our babies and citizens arc suffering and dying. Question: as a result of what? These factors all play a part: drinking poisonous water, wearing chemicals. breathing poisonous air, and eating poisonous food most of all. Kids of thc world are coming together. Their passion and compassion arc our only solution for saving the human race, animals, and plants. They can save MOTHER EARTH!! Major Dennis Yonce of the Ocala Police Department and Police Chief Joyce Wells of Bushnell will inform President Obama that they will reach out to Police Commissioner Raymond Kelly, NYPD and Charlie Beck, LAPD. These organizations will lead our nations police officers; so many have serious health issues. Lisa Marie has the solution. which she strictly teaches in NFL & MLB training rooms, she is nicknamed Secret Weapon. Our nations drinking water is sterile and high levels of plastic, which is poison to the human body. Food labels are impossible to read, ingredients in these foods are horrific and are approved by the FDA. high fnuctose corn syrup is a prime example. Major Dennis Yoncc stated clearly "PASS4kids has helped many NFL trainers educate their players how to save their lives so children can role model these celebrities. Our nations police officers are local celebrities and role models; thcy must immediately stop using energy and toxic sports beverages. These beverages arc killers!". In 2002 1 started my first national company SunnRooibos then ReddRox. in Idaho. By 2007. it became clear that both companies and PASS4kids were being sabotaged. Evidently. I was viewed as a threat stepping into the multi billion -dollar food and beverage industry. In 2006 I was not only unjustly persecuted, but 1 experienced character assassination and 1 received death threats. This was all the Stan of a perilous journey due to the mission. November 2009 ReddRox Inc was destroyed forever, Governor Butch Otter of Idaho was contacted last month to be given the regrettable news that ReddRox Inc is no longer in existence. 1n1994 Butch Otter was an Idaho US Congressman. he and his staff recognized my local heanfeh work. This amazing man is unaware that he has been my secret mentor; Butch is one of the main reasons why I decided to run for Congress; soon 1 will be able to tell him eye -to -eye. heart to heart. Due to direct threats to my safety I have not been able to go home to Idaho since July 2010. these threats have separated my children from their mommy. Idaho will never reap financial success from ReddRox inc, it was one of the most amazing companies to serve this planet. created through a single mission: to fix the world's drinking water supply and save lives! Senator Bill Nelson of Florida, thank you so much for your leadership. The Senate Bill S510 which was just signed by President Obama is an example how Americans arc in the dark, we arc told nothing. PASS4kids contacted many Florida Mayor Offices and they were unaware of Senate Bill S510, we must fix this broken system. Our water and food supply arc in a critical place. we are in a life and death situation, drastic changes must happen now. PASS4kids President Keith David (actor and Esnmy winner), Dave Redding (Green Bay Packers), Clint Ilam (San Diego Chargers, Alumni), Paul Lessard (Cincinnati Reds), Marty Lauzon (Atlanta Falcons), Tom Myslinski (Cleveland Browns. former), Jeff Hurd (San Diego Chargers). John Melody (New York Jets). Quintin Mikell (Philadelphia Eagles), Legadu Naanee (San Diego Chargers), Benny Sapp (Miami Dolphins) have all agreed to release their letters which have been kept secret for years. Press Release to President Obama this week titled: NFL Teams Secretly Hydrated for 10 years. Recipients of this release are as follows: All USA Governors, Senators. US Congress representatives, national media. all NFL. MLB & NBA owners, head coaches and trainers. June 13. 2011 will be an important day for the children of America gathering on the steps of the White House. They will be asking President Obama, "Please help us enough is enough. we have NO water, our food has so many chemicals in it. we arc sick and dying?" The PASS4kids Music Tour of Life will launch in La Jolla, California on June 3. 2011, many will travel by plane, train and automobile straight to Washington, DC. Sincerely, Lisa Marie MONEY & BUSINESS • CAREER GUIDE education and chose Primrose and a salary untie' 530.000 to be near her 2 - year -old daughter, who'll go to the school But she could have found better pay in the local public system Manatee County, just east of Sarasota. has to new schools outlet cuuslretettuu and adds about 150 new leachers a year, with salaries from 832,000 to $64,000. Filling all those spots is a challenge, says Superintendent Roger Dearing, es- pecially science, math, and special ed - oral ion teachers, and it's only going to get a m , with come 4n geent of Florida'. teacher:, within 10 years of re- Ilrl•ttIeuIt. It's as pu,bleut for the nation. too An estimated 2 million addition- al teachers will be needed over the next decade because of swelling enrollment. turnover. and retirement Indeed, three of the 30 fastest-grow- ing lobs are 01 teaching. according to the R1 S. Three are related to the environ- ment. sewn are computer related, and a o Ituppuig 15 alt in healthcare The other rapidly growing trades are social- and hutnan•sen•ices assistants and fitness and aerobics instructors 1 ltstorically.swell service jobs paid less on average than those m manufacturing. So the changing nay of new Jobs has con- tribuietl to meager wage gait's over the past year— Just 2.2 percent for non - supervisory workers But monthly pay- ' After the bursting of the Internet bubble- wide- spread corporate downsizing, and the export- ing of jobs overseas, it is no surprise that many Ameri- cans are looking in the same place for job security: the mirror. Entrepreneurialism is on the rise throughout the nation. as workers shed their dependence on a steady paycheck in favor of a business of their uwu. The surge is being seen in some perhaps unlikely places, such as Idaho. This roll increases o1 250,000 to :300.000 through June should change that, says Ian Shepherdson of High Frequency Economics: "As the labor market picks np over the next few months, wages will start to rise faster.' Faced with slowing productivity and a shi inking pool 01 available workers, businesses will have to work harder to attract and keep the human resources they need It's already happening, says Alhsun Flemming, president of the Hired Guns, a New York recruiting agency "We're seeing a shift from a buyer's market 1u a seller's market," she says, and workers ' ate suddenly realizing they can demand a little bit more—certainly In terms of salary and benefits. but also in asking for flex time and telecommuting On your own. Still, fcw• works rs can es pest to regain the Joh security and steady upward march that firms like 1 051 were once famous for -lour career is your re- sponsibilaty: you're no longer going to have a company plan it out for you." says Flemming. "Those days are user - She tells her clients to consider the freelance-tn-fall-time scenario \Inre and more companies %sant to to out an employee before committing. sin ...ink - , era offered a Job on such a triad bas's should look at it as an opportunity, not an insult. At this point an the economic cycle, companies are looking for experts, sparsely populated western stale is waging a campaign to attract the entrepreneur- ial spirit from both Inside and outside its borders. With a total population of JUST 1.4 million, Idaho added 18,900 jobs from 2002 10 2004, placing it in the top 10 states for job growth per capita. Small businesses are fueling that growth, and the state was recently named sixth in the notion for the creation of new companies per capita by the Center for Economic Development. 1 think Idaho offers a compelling combination of quality of life and business opportunities." says Jeffer- son ,tewell, who started a software consulting ftrnt called Blackfin in Boise in 2000. The company, with 23 employees, doubled in size last year and expects to 40 U.S NFU'S re 0051.11 REPORT. MARCH 21, 2005 double again this year, utoslly through software engineering posi- tions with start- ing salaries rang- ing from 535.000 up to 570,000. There is plenty of regional talent to be tapped, al- though Blackfin also recruits from out of state Buoyed by the presence of Micron Tech nulugs and a division of Hewlett-Packard in the Boise area, the science and technology industry is the state's largest sector, provid- ing 70 percent of its exports. But dig a little sleeper into the fabric of Idaho's economy and youll find en- Lrepreueurs in u wide huge of industries The head- quarters of supermarket chain Albertson's outside says hemming. "so don't market your- self a. a jack of all trades because s uu'll come across as a master of nothing - Fig- ure out %%hat expertise the iob you want rally for, and make the rase that you have 't If you don't, consider getting it. "Mas - Lei b I dcgi ees 1 and certificate programs are great." she adds Education and training pay, sans 51IT's Levy. The withering of the man- ufacturing %et tor has only widened the wage gap between those with a high school diploma and Mise with a t ollegc degree. he says, and recent data sug- gesting that the gap has stopped grow - mg withahis have mule to dt, with the tech sector shakeout than anything else. "The long -terns prognosis is that educa- tion is still going to be the hey," Stays t•tv. St, cdur•auon And healthcare. And technology And %Olen they intersect, ou'yr hit die triticta, as did Ed Martine, I..st August, he muted ft not Nt,O Jersey with his wife for a iob.u, thief informa. tio0 nftea r:,t rt„- ll 1 ee Moffitt r.,n„•r Center and Rcstarch institute. a nation all) renowned r,- t u i t h :u td treatment fa- cility inTampa. ' The job email., running a staff of 145 people to meet all the tech- nology needs of a faculty and stillt on the cutting rtlgr of fighting cancer. Those needs are unique, says itfariiurr, •In, echo has harhelor of science degree tit electrical engineering from the New .lensev lu,til ate of le ...logy For example. ht•fot,• the 199Us. tuuat information at ,t typical ma tlicnl hu lilts act. on paper or film. Now. with digi- tal picture .trrhning systems, doctors can new X-rays sec- onds after they're taken and shine them with specialists around the riuntn within minutes. ”:\s l'l0, I'm always loolung at how we can help the pnticnt and improve the gaud ity of care.” says Nlanmez. Ile's unmmnalortahle ,shout divulging Ins nw-n ,alar) but will say that a proven C10 at an academic mrdn.tl fat illy could he wort It well over S230.01i0 a year. Now that's .1yth worth moving, lot Bruce has spawned a niche industry of food brokers and distributors. The Idaho National Laboratory in southeastern Idaho em- ploy's more than 8,000 sci- entists and engineers and acts as a magnet for other Idaho small businesses. Easyarress. And still others are creating a niche of their own. I.isa Mai ie, 41, Is catering to the health - conscious consumer with a company she launched in 2003. Based in the town of Eagle, Senn R nnihns is a natural, caffeine -free tea made from a plum import- ed front South Africa. Marie was turned on to the beneficial drink while es- tablishing an effort to pro- mote nutrition for seniors. She credits her fellow Ida - }mans for tnurh of her suc- cess. The tea is sold in se- lect slimes, including Albertson's, and distributed to institutions in the region. such as Micron. Marie says doing business in a small state means easter access to the right people. If you've done good things in the past. people remember that," she says. As for quality of life, the abundance of ski slopes and biking trails beckons out- doors types, while a late sunset allows for postwork play. A low crime rate, good schools, and a laid-back lifestyle add to the appeal. Jason Crawiorth, founder of Treetop Tech, a software and consulting firm and Idaho's fastest-growing company, says he is able to retain employees at a much higher rate than his Silicon Valley competitors "It's not a hard grind here. he says, adding that Ire has lost only four employees since his company started in 1997. It employs 110. The good living does come at a price. Recruiting out -of -staters can be tough when applicants learn their salary would be cut signifi- cantly -0 difficult hurdle to overcome even when the eclat of living's considered Idaho's average annual in- come is about 25 percent lower titan the national av- erage (528.163 vs. 536.764) But Idaho has its share of entrepreneurial success- es. Overlooking the entire city of Boise is a mansion that belonged to french fry king J.R. Simplot, now 96, who di opped out of school at 14 to start a potato busi- ness. His company provides the spuds for McDonald's and others, and his fortune is worth $2 5 billion. Says James Hogge, director of the Idaho Small Business Development Center, "J.R. Simplot set an example we have to follow." -Megan Harriett U S NEWS a WORLD DEPORT, MAOI•li 21, 2005 41 Date of Purchase Vendor - GENERAL EXHIBIT SUPPLIES 12/12/07 Clipart.com 12/14/07 Archiver's 12/20/07 Staples 12/21/07 Staples 01/02/08 Ellison.com 01/03/08 j King's 01/09/08 ; Staples 01/09/08 I Craft Warehouse 01/18/08 I Ellison.com 02/13/08 Staples MUSEUM EXHIBIT EXPENSES 05/02/08 Ellison.com 06/09/08 Staples 06/16/08 1Staples 06/26/08 ! Clipart.com 08/22/08 l Grand & Benedicts 10/09/08 !Staples 10/30/08 Joe Prin Remodeling 02/11/09 Michael's 01/07/09 Staples 02/27/09 Staples 05/22/09 1 Craft Warehouse 05/22/11 Jo -Ann Fabrics 06/07/09 Staples 06/09/09 Staples 06/12/09 06/14/09 11/08/09 11/29/09 11/29/09 11/29/09 12/02/09 12/16/09 12/17/09 King's Aaron Bros. Item(s) Purchased Online clip art access to Jupiterimages _ Exhibit graphics Vinyl letters; adhesive strips Three black foamboard Ellison AllStar DieCut Machine; 3W alphabet dies Posterboard Adhesive strips; posterboard Photo tape; vinyl letters Ellison AllStar Die Storage Rack Mounting squares; posterboard AliStar Die storage rack; block set 314" numbers Three black foamboard Removable poster tape; mounting squares; photo tape Renewal online clip art access to Jupiterimages 100 2" slatwall peghooks; 20 4" slatwall peghooks Blue foamboard; mounting squares; removable poster tape Framing; siding; trim; fasteners and consumed supplies for partition wall construction for exhibit area Wood and black mountable letters Mounting supplies Corkboard; letters; table easels Large format exhibit paper Exhibit backing fabric Labeling paper display stands; cork backing and base material I $93.28 Vinyl letters; foamboard; archival hanging tape $79.38 Black posterboard $1.88 Craft Warehouse Aaron Bros. Staples Target Staples Staples Staples 12/19/09 Craft Warehouse 01/31/10 Jo -Ann Fabrics 02/09/10 Hobby Lobby Amount $159.95 $8.31 $24.85 $12.05 $412.34 $2.60 $33.01 $68.78 $51.00 $20.71 $111.00 $16.42 $55.56 $159.95 $67.54 $73.43 $421.00 $31.73 $13.77 $72.24 $10.27 $20.03 Black matte board $11.66 !Table top easels; label paper - $45.52 Background and label paper; matte board Three 20 x 30" black foamboard pieces Five pieces black posterboard Exhibit mounting tape and squares 03/23/10 Acrylic Home Design 03/25/10 Hobby Lobby Exhibit mounting tape and square s Mounting tape; foamboard Label paper, wooden letters 1 Burlap for three exhibit cases Photo backdrops; foamboard; duct tape; table -top easel; cork board squares Various acrylic stands; risers; label holders for display purposes Panel foam board; sketch paper, cork squares $32.60 $15.89 $2.76 $17.43 $19.97 $48.56 $32.98 $12.69 $93.12 $155.56 $27.04 Date of Purchase Vendor GENERAL EXHIBIT SUPPLIES CONT. 04/19/10 05/30/10 06/02/10 06/29/10 09/21/10 09/21/10 09/21/10 09/21/10 09/22/10 09/30/10 03/22/11 05/30/11 06/05/11 06/07/11 Hobby Lobby Staples Jo -Ann Fabrics Staples Acrylic Home Design Mary-o-Ius Manufacturing FoamBoardSource.com Gaylord Bros. Hobby Lobby Staples Jo -Ann Fabrics Hobby Lobby Jo -Ann Fabrics Hobby Lobby WOMEN'S WORK IS NEVER DONE 05/09/08 Joe Prin Remodeling 05/29/08 05/29/08 06/09/08 06/11/08 Wallpaper Warehouse Second Chance Build- ing Materials Amazon.com Joe Prin Remodeling 06/11/08 The Home Depot 06/11/08 Linens 'n Things Item(s) Purchased Amount Poster tape; glue dots; mounting tape; posterboard; foamboard Mounting squares; mounting tape Burlap for exhibit cases Removable wall mounts and watercolor paper for exhibit labels Book easels and easel display stands Two standard bulletin sign holders Various foamboard cutting tools Two three-tier acrylic risers Label paper; wooden stands; mounting supplies; foamboard Conservation tape; poster tape Natural burlap to cover exhibit cases and exhibit panels Black foamboards for image and label backings Duct tape; foamboard; adhesive spray for exhibit mounting Foam mounting squares for exhibit mounting $59.93 $26.69 $15.85 $32.30 $103.07 $84.00 $89.00 $68.38 $103.87 $48.38 $12.69 $25.40 $46.56 $11.10 TOTAL: $3,264.08 OSB sheathing; siding; posts; rail materials; paint; fasten- ers; shingles; hinges; hooks; labor; donated window & door Six rolls wallpaper for interior room set piece Hardwood floorboards for floor of interior room set piece Old -Fashioned Farm Life Coloring Book for graphic transfers Antique door; MDF trim; 2x4 framing lumber; OSB sheath- ing, 4 x 8 MDF; paint; fasteners; consumed supplies Miscellaneous construction supplies Rag rug for floor of interior room set piece $920.00 $139.86 $63.60 $3.95 $827.77 $15.88 $10.59 TOTAL: $1,981.65 ENTRYWAY SLATBOARD WALL DISPLAY 08/14/08 Joe Prin Remodeling Two oak slatwall panels; oak trim; labor $628.00 TOTAL: $628.00 EDUCATION EXHIBIT: ONE -ROOM SCHOOL MODULE 01/07/09 Liberty Bell Museum Cup and ball toy 02/18/09 FedEx/Kinko's Blow up poster of Eagle Grade School class $8.75 $93.65 TOTAL: $102.40 Date of Purchase Vendor EDUCATION EXHIBIT: EAGLE HIGH SCHOOL MODULE 05/11/09 Archiver's 10/06/10 Home Depot AN AGRICULTURAL HERITAGE 07/30/09 Joe Prin Remodeling 11/08/09 Jo -Ann Fabrics TRANSPORTATION EXHIBIT 11/19/09 Columbia Gorge Discov- ery Center 03/23/10 DieCast Airplane 03/23/10 Joe Prin Remodeling 03/24/10 Air-tites.com 04/05/10 Craft Warehouse 04/09/10 Hobby Lobby 04/12/11 Jo -Ann Fabrics CHURCH EXHIBIT 05/12/10 Mary-o-lus Manufacturing 05/17/10 Hobby Lobby 05/27/10 Home Depot 06/04/10 Hobby Lobby BRONCO BILLY EXHIBIT 05/20/10 05/26/10 06/02/10 06/02/10 06/08/10 06/30/10 08/24/10 MovieGoods Ebay Bed, Bath & Beyond Zurchers Amazon.com Ebay Ebay 08/24/10 Ebay Item(s) Purchased Amount Misc high school graphics Shelf and shelf brackets for viewable high school yearbook display $47.72 $22.88 TOTAL: $70.60 Wood; stain; labor for hanging poster panel, label panel and chained hand tools Burlap for table case backing Two museum models for exhibit $394.00 $10.82 TOTAL: $404.82 Die cast Ford Trimotor airplane model Construction of three hanging oak panels Coin slabs & risers Wooden label letters Acrylic paint; foam board for Transportation exhibit Acrylic paint; posterboard; burlap for Transportation exhibit Free standing sign holder for main label Posterboard; matte board for Church exhibit Chain for Church exhibit Two ornate frames $36.00 $15.90 $255.00 $21.30 $8.13 $8.27 $13.48 TOTAL: $358.08 $61.45 $9.49 $2.29 $8.99 TOTAL: $82.22 Bronco Billy poster Original lobby card set for Bronco Billy Plaque film reel for Bronco Billy exhibit Prop film clapboard Prop "Big Tex" pistol Original Bronco Billy pressbook Bronco Billy vintage studio portraits to replace borrowed items in exhibit Bronco Billy studio movie poster to replace borrowed items in exhibit $29.99 $47.00 $25.43 $3.04 $13.32 $24.55 $14.95 $9.98 Date of Purchase Vendor BRONCO BILLY EXHIBIT CONT. 08/31/10 Ebay BUSINESS & INDUSTRY EXHIBIT 08/31/10 Joe Prin Remodeling 12/29/10 Horne Depot 01/13/11 01/19/11 03/08/11 03/08/11 06/03/11 06/04/11 06/07/11 Evan's Building Center Horne Depot Home Depot Home Depot Hobby Lobby Hobby Lobby Jo -Ann Fabrics VIRTUAL SLIDE SHOW EXHIBIT 01/12/11 Joe Prin Remodeling 03/02/11 Hobby Lobby 05/26/11 Staples Item(s) Purchased Amount Bronco Billy vintage premier movie ticket to replace borrowed items in exhibit $5.49 TOTAL: $173.75 Oak wall label panel Plyboard; linoleum; edging; glue for construction of "floor" under barber chair and permanent wave machine Can of black spray paint for Business & Industry "floor" edging Wooden border for Business & Industry "floor" Paint; shelving; wood backing for wall panels Paint; velcro backing for wall panel mounts Matte board; adhesive squares for Business & Industry exhibit Matte board for image backing Drapery cord and tassels to form "no sitting" barrier for barber chair Remodeling and reconstruction of docent desk for use as virtual slide exhibit station Eight "old fashioned" table frames to display family photos Cork board squares for cubicle backing $230.00 $60.80 $4.09 $18.49 $56.71 $21.63 $28.04 $23.30 $7.40 TOTAL: $450.46 $517.00 $53.46 $15.87 TOTAL: $586.33 TOTAL FOR ALL TO DATE: $8,102.39 PER YEAR TOTAL FOR FOUR YEARS: $2,025.00 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 Page 1 of 28 K:1Planning I)ept\Eagle Appl cations\CU120111CU-02-11 ccf Land of Rock (Lofts).doc 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 18, 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. Page 2 of 28 K:1Planning IhptlEagle Applications\CU120111CU-02-11 ccf Land of Rock (Lotls).doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Mixed Use ZONING DESIGNATION RUT (Rural Urban Transitional -Ada County designation) Proposed No change MU -DA (Mixed Use with a development agreement) North of site South of site East of site West of site Mixed Use MU -DA (Mixed Use with a development agreement) Residential Two Mixed Use Mixed Use R-2 (Residential up to two (2) units per acre) MU -DA (Mixed Use with a development agreement) MU -DA (Mixed Use with a development agreement) LAND USE Residential dwelling (proposed residential development The Lofts at Eagle River) Commercial Entertainment Facility (outdoor) and Live Entertainment Events (concerts) Office buildings Residential subdivision (Nestled Island Subdivision) Residential subdivision (Lonesome Dove Subdivision) Merrill Park and a vacant 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. Page 3 of 28 K:1Planning DcptlEagle Appiicatinns\CU12011 CU -02-11 ccf Land of Rock (Lofts).doc I. SITE DESIGN INFORMATION: SITE DATA Total Acreage of Site PROPOSED 24.1 -acres (14.6 to be utilized for proposed use) Percentage of Site Devoted to Building 1.05% Coverage Percentage of Site Devoted to 48 Landscaping Number of Parking Spaces 1,108 -spaces Front Setback Rear Setback Side Setback (west) Side Setback (east) J. GENERAL SITE DESIGN FEATURES: 180 -feet 184 -feet 24 -feet (existing barn) 188 -feet (existing dwelling) REQUIRED 5,000 -square feet 50% (maximum) 10% (minimum) 1,108 -spaces (as conditioned herein) 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 7.5 -feet (minimum) 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 Page 4 of 28 K:IYlanning Dept%Eagle Applications1CU120111CU-02-11 ccf Land of Rock (LoRs).doc 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 floodplain 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. Page 5 of 28 K:11'lanning DeptlEaglc ApplicationslCU120111CU-02-11 ccf Land of Rock (Lofts).doc 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 property 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 -02-111): 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 Page 6 of 28 K:11'Ianning DeptlEagte AppNcationslCU120111CU-02.11 ccf Land of Rock (Lolls).doc 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 Page 7 of 28 K:U'lanning DeptUaglc Applications\CU120111CU-02-11 cc( Land of Rock (Lofts).doc 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 I. 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. Page 8 of 28 K:1Planning I) ptUiaglc Applications\CULOI 11CU-02.11 ccf Land of Rock (I.ofts).doc • 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 Page 9 of 28 K:\Planning DeptEFagle Applications1CU120111CU-02-11 ccf Land of Rock (Lofts).doc 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". Page 10 of 28 K:1Planning DcptlEaglc Applications1CU1201 I1CU-02-11 ccf Land of Rock (Lnfts).doc 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 EASD 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 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. 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 Page 11 of 28 K:1Planning Deptlhagle Applications1CU120111CU-02-11 ccf land of Rock (Lofls).doc 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 Page 12 of 28 K:IPlanning IkpillsagIc ApplicationslCU120I I\CU-02-11 ccf Land of Rock (Loitsl.doc 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, Page 13 of 28 K:IPlunning DeptEEagle ApplicationslCU120111CU-02.11 ccf Land of Rock (Loas).doc 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 Page 14 of 28 K:IPlanning Dept\Eagle AppIications1CU120111CU-112-11 ccr Land of Rock (Lol'ts).doc 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 Page 15 of 28 K:1Planning l)ept\Eagle Applications\CU12011 CU -02- 11 ccf Land of Rock (Lofts).doc 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 Page 16 of 28 K:1Nlanning Ikpt\Eagle AppticationslCU120111CU-02-11 ccf land of Rock (Lofts).doc 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 Page 17 of 28 K:IYlanning QeptlEagle Applications1CU1201 I1CU-02-11 ccl. [and of Rock (Lofts).doc 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 to 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. Page 18 of 28 K:II'Ianning Ihp11L'aglc Appliicaiions1CU120111CU-02-11 ccf Land of Rock (Lofis).do: 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. Page 19 of 28 K:1Planning DcptlEagte AppIi cations1CU120111CU-02-11 ccf Land of Rock (Lolis).doc • 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, Page 20 of 28 K:1Planning Dept\Eagle Applications\CU120I I\CU-02.11 ccf Land of Rock (Lofts).doc 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 subiect 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 anv condition of approval to mitigate anv concerns the public may have presented in writing 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. make findings of non-compliance and terminate the Conditional Use Permit or otherwise amend the Conditional Use Permit. "herald-the-licant v, -weddings, receptions, and corporate -events) the a medi fication roval by the City Council prior to November 1, 2011. that an) - ..- - ' , - - - .. - - - - . - - y-, al public comm g gr© , blie he»P.ng shall be held .otiee shall be provided a;, (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. Page 21 of 28 K:lPlanning Aept\Faglc Applicationc1CU120111CU-02-11 c-c:f Land of Rock (Lofts).doc 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 update-nei<se impact ,t zuneil may make a determination reg,arding utilize internal controls (as presented bv 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 volume of the music 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 irmanee of a L.or ng certifeate. 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 bv 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. Based on 1,108 -parking paceG, provided on f Pat: o:€ and -staff in attendance -at -an -event -shall not exceed 3,321 individualG uffless-the-applicant provides a joint p .: - , . �, - - •• . .. - el parking cpaccf,ar-as-reeernmended--111e-Design eil. Joint parking agreements -shall -be -reviewed -and rl the C:tyio: to - - - - - - , . - - •- - = C g 1 5). 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 Page 22 of 28 K:U'lanning Dept\Eagle Applications\CU\2011\CU-02-11 cc(Land of Rock (Lotts).doc construction on the site. 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 orooertv 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 applicant d path the—easterf: prop y line. The applieant ohall oubmit a pathway develepment—plan—for rc:iew--and approval by the City's Park end Gom:rattce prror to-eenotruetien-ef the extended pathway. The pathway Gha the-iscuance of a oning certificate. b 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 plan. 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 Page 23 of 28 K:1Planning Dcptll aglc Applications1CU\2011\CU-02-11 ccf Land of Rock (Lofts).doc Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of 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 Page 24 of 28 K:11'lanning DcptEEagle Applications1CU120111CU-02-11 ccf land of Itock (1.ofts1.doc dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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. Page 25 of 28 K:11'lanning Dept\Eagle Applications1CU120111CU-02-11 cc( Land of Kock (Lotis).doc 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 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; Page 26 of 28 K:1Planning IhptTagk Applications\CU\201 RCU-02-11 ccr land or Rock (Lofls).doc 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. 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 Page 27 of 28 K: Manning Dept\Eiaglc Applications\CU\2011\CU-02- I 1 ccf [and or Rock (Lofts).doc City Code, and there will be no open bonfires; H. Will have vehicular approaches to 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. Also, Ada County Highway District has approved the access points to the site; and 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 ATTEST: Sharon K. Bergmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis. Page 28 of 28 K:11'lanning 1)eptlEagle Applicattons1CU120111CU-02-11 eel LAW ol"Rock (l.)lls).doc cc &'a e'if INTER OFFICE City of Eagle Zoning Administration To: Mayor Reynolds and City Council Members From: Michael Williams, PCED, CFM, Planner II Subject: CU -02-11 — Commercial Entertainment Facile y (outdoor) and Live Entertainment Events (concerts, weddings, receptions, and corporate events) — Land of Rock, LLC, represented by Shawn Nickel Date: June 28, 2011 Attachment(s): Findings of Fact and Conclusions of Law Copy To: Shawn Nickel, 1589 Estancia Place, Eagle, ID 83616 Attached are the Findings of Fact and Conclusions of Law containing de minimus changes reflecting the decision rendered by the Council. Page 1 of 2 K:1Planning Depi Eagle Applications1CU120111CU-02-11 me5 Land of Rock (Lofts).doc Item Title ZOA-1-11 City of Eagle RES. # TBD: Fire Suppression MOU/Resolution Upcoming City Council Meeting Items I Details Status RES. # TBD: R&PP/Lease Discussion DR -22-11 Multi -tenant Medical Office Building PP/FP-02-11 Deltoid Subdivision Item Title . , Item Title PP-01-11/PPUD-01-11/CU-01-11 The Preserve • • Item Title Change to the definition of a Commercial entertainment facility Fire suppression education and project list MOU with the BLM for joint planning for the 2,000 acre park site in the foothills Multi -tenant medical office building in Castlebury West Business Park 2 lot Subdivision of a lot within the Castlebury West Business Park Details • , Staff Agency PZ hearing 6/20/11 WEV need to follow up with Eagle Fire & BLM New Business & Resolutions Consent Agenda- DR-Rec Approval Public hearing-P&Z rec. Approval r., sAugust9 Details Modification to the Eaglefield DA and an a replat of the undeveloped portion of the Eaglefield Plat 253 residential units. n•I Details N/A NBS BLM & Eagle Fire Terry Humphrey Kurt McCleany NBS BAC MJW Status Staff 1 1 Status Staff Goes to P&Z June 20th MJW • Status Staff ZOA-2-11 Downtown Merchants Association Update by ACHD re: the FYWP prioritization process Northwest Foothills Transportation Plan Update (NWFTP) Strategic Plan Outline/ Talking Points for the Mayor Changes to the parking requirements for retail uses in Downtown Educational outreach at the request of the ACHD director Update with changes to the CIP. Result of City's consistency review request on M3 Pros/Cons of Strategic Planning prior to budget setting. Discussion of City wide goals. PZ hearing Cont. to 7/18/11 Need to provide a meeting date Waiting for CIP update Bill to complete WEV, book NBS WEV WEV NBS BLM N/A N/A Agency Terry Humphrey N/A N/A Agency N/A N/A ACHD ACHD N/A Agency Contact N/A N/A Sabrina Anderson Jeff Lowe N/A Community Programs Presentation Downtown Plan Implementation Prioritization DT Circulation Plan LRTP Update CIM Adoption Downtown Arts District/Overlay ACHD Cost Share Agreement SH44 Access Point ACHD presentation on Community programs process Prioritization of large implementation projects Access, ROW and Modeling of the DT transportation system at Build out City Council recognition of the CIM update from December 2010 Establish a formalized Art District/Overlay in Downtown Eagle Review and provide comment on the ACHD proposed cost share agreement for road projects Coordinate meeting with Boise City, ITD & St. Als to discuss access point Need to book Need to book Need to book Need to write res and get date Outline process to establish WEV ACHD Various ACHD/ITD NBS COMPASS NBS WEV, NBS NBS Need to write up WEV/ and get date NBS Eagle Arts Commission ACHD need to book WEV ITD, ACHD, Boise Justin N/A Sabrina Anderson Lissa Linda Butler Gary Insleman Christy Little Maryanne Jordan, Jeremy Pisca, Sabrina Anderson, SEB Eagle City Hall 660 E. Civic Ln./P.O. Box 1520 Eagle, Idaho 83616 (208) 939-6813 (ext.201) fax (208) 939-6827 A memo from the Sr. Deputy City Clerk/Treasurer. To: Council President Shoushtarian & Council CC: Sharon Bergmann From: Tracy E. Osborn, CMC Date: June 28, 2011 Re: Agenda Addition Late Monday afternoon a request was submitted to the City for a noise waiver for July 3r`'. Attached is the request for waiver, as well as the pertinent Code Section. Please add this item on the agenda for action if you so desire. Tracy Osborn From: BILL MCCARREL [govandals@msn.com] — The 6,/hergiofl"2 /ac Sent: Monday, June 27, 2011 3:53 PM To: Tracy Osborn 50 E. al , Subject: RE: noise waiver I would like to request a noice waiver from City Council to extend the time from 10:00 p.m. to 2:00 a.m. Sunday July 3rd. The waiver is in association with a outdoor fourth of July pinic we are hosting. Thank you Bill McCarrel 1 Sterling Codifiers, Inc. Page 1 of 3 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 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. (Ord. 370, 8-8-2000) 4-9-2: DEFINITIONS: For the purposes of this chapter, the following definitions shall apply: CITY: Eagle, Idaho, or the area within the city limits of Eagle, Idaho. COMMON AREA(S): The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner. EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. EMERGENCY VEHICLE: A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency. PERSON: Any individual, association, organization, or entity having a legally recognized existence, whether public or private. PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.) each individual unit shall be considered a separate residence for the purposes of this chapter. PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 370, 8-8-2000) http://www.sterlingcodifiers.com/codebook/printnow.php 6/28/2011 Sterling Codifiers, Inc. Page 2 of 3 , ' 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. B. Due to extreme heat during the summer months of June, July and August construction noise may begin at six o'clock (6:00) A.M. C. Due to extreme heat during the summer months of June, July and August landscape maintenance noise may begin at six o'clock (6:00) A.M. (Ord. 457, 9-9-2003) 4-9-4: LOUD AMPLIFICATIONS: It shall be unlawful for any person to operate, or permit the operation of, any loud amplification device upon or within a motor vehicle in such a manner that the sound therefrom is plainly audible upon a public right of way or street at a distance of fifty feet (50') or more from the source of sound. (Ord. 370, 8-8-2000) 4-9-5: ENFORCEMENT: A. Peace Officer Citation: Any peace officer or person empowered to enforce this provision of this code is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant's signature on said citation. By signing the citation, officer or person is certifying that he has reasonable grounds to believe that the person cited committed the offense contrary to law. B. Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred and be witnessed by a peace officer or person empowered to enforce this provision of this code whose name shall be endorsed on the citation. (Ord. 370, 8-8-2000) http://www.sterlingcodifiers.com/codebook/printnow.php 6/28/2011 Sterling Codifiers, Inc. Page 3 of 3 4-9-6: EXEMPTIONS: The following sounds are exempted from the provisions of this chapter: A. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of an emergency. B. Airplanes and other FAA regulated aircraft. C. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agent. 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. Sounds caused by locomotives or other railroad equipment. F. Sounds caused by burglar alarms that are not in violation of this code. G. Sounds caused by safety warning devices required by law. H. Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive- through window speakers, car lot PA systems). I. Sounds emanating from devices used within the common areas of a multi -unit facility whose use has been approved by the owners or management of the facility. Said use must be in compliance with any regulations imposed by the owners or management of the facility to be exempt under this chapter. This exemption only applies in relation to other units within the same facility. (Ord. 370, 8-8-2000) 4-9-7: PENALTY: Any person violating any provision of this chapter shall be deemed guilty of an infraction and shall be punishable by a fine of fifty dollars ($50.00). (Ord. 464, 1-27-2004) http://www.sterlingcodifiers.com/codebook/printnow.php 6/28/2011