Findings - DR - 2011 - DR-12-11 - Temporary Commercial Entertainment Facility (Outdoor) BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A TEMPORARY )
COMMERCIAL ENTERTAINMENT FACILITY )
(OUTDOOR)FOR LAND OF ROCK,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-12-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on May 12, 2011. The Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Land of Rock, LLC, represented by Shawn Nickel, is requesting design review approval of a
temporary commercial entertainment facility(outdoor). The 14.6-acre site is located on the south
side of East Riverside Drive approximately 1,500-feet west of Edgewood Lane at 827 East
Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 28, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 26, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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 (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
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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:
CU-02-11 —Conditional use application for a commercial entertainment facility (outdoor) and live
entertainment events (concerts, wedding, receptions, and corporate events).
RZ-14-06 MOD—A modification to the development agreement.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural Urban Residential dwelling
Transitional-Ada County (proposed residential
designation) development The Lofts at
Eagle River)
Proposed No change MU-DA (Mixed Use with a Commercial Entertainment
development agreement) Facility(outdoor)and Live
Entertainment Events
(concerts)
North of site Mixed Use MU-DA(Mixed Use with a Office buildings
development agreement)
South of site Residential Two R-2 (Residential up to two (2) Residential subdivision
units per acre) (Nestled Island
Subdivision)
East of site Mixed Use MU-DA (Mixed Use with a Residential subdivision
development agreement) (Lonesome Dove
Subdivision)
West of site Mixed Use MU-DA (Mixed Use with a Merrill Park and a vacant
development agreement) lot(proposed Terrazza
development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site contains an existing residential dwelling and an existing barn located on the northwestern
portion of the property. There is a landscaped berm and ten foot (10') wide pathway located
adjacent to Riverside Drive which was constructed as part of the Eagle River Development. The
area of the site north of the Ballantyne Ditch and east of the existing dwelling contains fill
(imported from off-site) that was placed on the site as part of an approved Ada County floodplain
development permit. There is landscaping and mature trees located around the existing dwelling
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and the southern portion of the site. The area south of the Ballantyne Canal consists of dense
natural vegetation and remains undisturbed.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 24.1-acres (14.6 to be utilized for 0.11-acres(5,000-square feet)
proposed use) (minimum)
Percentage of Site Devoted to 1% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 48% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 1,108-parking spaces Up to 1,334-parking spaces
based on number of attendees
and event staff
Front Setback 180-feet 20-feet(minimum)
Rear Setback 184-feet 20-feet(minimum)
Side Setback 24-feet(existing barn) 7.5-feet(minimum)
Side Setback 188-feet(existing dwelling) 7.5-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing 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 an office and for band members (concert events) and
organizers associated with the facility.
Height and Number of Stories of Existing Building:
The existing single-family dwelling is two (2)stories.
Gross Floor Area of Existing Building:
The existing single family dwelling is approximately 4,642-square feet.
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
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Proposed Total On-Site Parking Spaces
Total: 1,108—on-site parking spaces
Required On-Site Parking Spaces
Commercial Entertainment Facility— 1 for 3 seats 4,000/3 =1,334 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space for each 3 seats
Required On-Site Parking Spaces: = 1,334 parking spaces
L. EXISTING BUILDING DESIGN FEATURES:
Roof: Architectural shingles
Walls: Brick and horizontal lap siding
Windows/Doors: Vinyl windows
Fascia/Trim: Wood fascia and trim
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees around the
existing house and along the perimeter of the site that the applicant is proposing to retain.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The street trees along East Riverside Drive were installed by Eagle River
Development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
There is existing landscaping along East Riverside Drive and along the eastern
property line of this site.
b. Interior Landscaping: 10% interior landscaping is required, 0% is proposed.
N. TRASH ENCLOSURES:
No trash enclosures are proposed with this application.
N. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
Temporary lights, powered by generators, are proposed to be used at the end of the concerts in
order to illuminate the parking lot when patrons are leaving the events.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. 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
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—Concerned about gravel being tracked onto East Riverside Drive
and request that a street sweeper go through the area before the next business day's traffic begins
(ACHD response to CU-02-11).
Ballantyne Ditch Company — No objection to the project since no new permanent structures are
proposed to be constructed(per the Ballantyne Ditch Companies response to CU-02-11).
Central District Health—Plans shall be submitted and reviewed for any food establishment,
beverage establishment, and/or grocery store. If restroom facilities are to be installed, then
sewage system MUST be installed to meet Idaho State Sewage Regulations.
Chevron Pipe Line—No conflicts with the pipe line.
Eagle Fire Department—No opposition to the application and support its approval.
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. If the property were annexed
central sewer service would be proved by a main line locate adjacent to this property on East
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Riverside Drive. In addition construction plans for any facilities from this project that need to
connect to central sewer would need to be submitted to the District for impacts and the assessment
of fees.
Idaho Department of Lands— The IDL has an easement for a 25 foot wide public pathway along
the north bank of the Boise River. With the proper IDL approvals the proposed facility may
encroach upon this public access easement; however the State of Idaho has the right to easement
#290 and to develop this public pathway at anytime.
Idaho Transportation Department—No comment.
United Water—No comment.
X. LETTERS FROM THE PUBLIC:None received to date.
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.
• 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
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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 CODE 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
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
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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-1: General Applicability:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi-family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
• Eagle City Code Section 8-2A-5(E)
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 8-2A-7(J)(2)(b)
When a parking lot abuts a residential activity, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7(J)(3)(d)
Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-7(K)(1)
Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it does
not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen
parking areas(chainlink fencing shall not be permitted). In the design of large parking areas,
arrange bays of parking spaces to be separated by landscaping. When parking lots occur on
sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to
extend above natural grade.
• Eagle City Code Section 8-4-3: DESIGN AND MAINTENANCE:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
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such as asphalt or concrete,to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water
to prevent the drainage of such water onto adjacent properties or walkways. Drainage plans
shall be reviewed and approved by the city engineer and, for any site abutting a public street,
such plans shall be reviewed and approved by the Ada County highway district, or highway
district having jurisdiction.
C. Access: Access driveways for parking areas or loading spaces shall be located in such a
way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or
motorist approaching the access or driveway from a public or private street.
D. Maintenance: The owner of property used for parking and/or loading shall maintain such
area in good condition without holes and free of all dust, trash and other debris.
• Eagle City Code Section 8-4-4-2(B):
Access: Any parking area shall be designed in such a manner that any vehicle leaving or
entering the parking area from or onto a public or private street shall be traveling in a forward
motion. This requirement does not apply to public alleyways.
• Eagle City Code Section 8-4-4-2(C):
Striping: All parking areas with a capacity over twelve(12)vehicles shall be provided with
standard parking space striping between spaces to facilitate the movement into and out of the
parking spaces.
• Eagle City Code Section 8-4-4-2(D):
Screening And/Or Landscaping: Whenever a parking area is located in or adjacent to a
residential district, it shall be effectively screened on all sides which adjoin or face any
property used for residential purposes by an acceptably designed wall, fence, or planting
screen. Such wall, fence, or planting screen shall not be less than four feet(4')nor more than
six feet(6') in height and shall be maintained in good condition. The space between such
fence, wall or planting screen and the lot line of the adjoining premises in any residential
district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and
maintained in good condition. In the event that terrain or other natural features are such that
the erection of such wall, fence, or planting screen will not serve the intended purpose, then no
such wall, fence, or planting screen and landscaping shall be required.
• Eagle City Code Section 8-4-4-3: JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
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d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area,the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council,may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent(20%)of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty percent
(20%)of the sum of the number required for each use served unless a conditional use is
approved by the city council.
8.No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
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C. CONDITIONAL USE PERMIT APPLICATION PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• 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).
• 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].
• The applicant shall provide an updated noise impact study so that the City Council may make a
determination regarding an acceptable decibel (dB) level for live concert event music prior to the
issuance of a zoning certificate.
• 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]).
• 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.
• 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]).
• Based on 1,108 parking spaces, provided on-site, the total number of patrons and staff in
attendance at an event shall not exceed 3,324 individuals unless the applicant provides a joint
parking agreement for 226 additional parking spaces or as recommended by the Design Review
Board and approved by the City Council. Joint parking agreements shall be reviewed and
approved by staff and the City Attorney prior to execution of the agreement(ECC-8-4-5).
• 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.
• 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).
• 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]).
• The applicant shall extend the paved pathway located adjacent to the eastern property line to the
western property line. The applicant shall submit a pathway development plan for review and
approval by the City's Park and Pathway Development Committee prior to construction of the
extended pathway. The pathway shall be installed prior to the issuance of a zoning certificate.
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• The concert season shall run from May 1st to October 31St during the same calendar year. The
applicant shall be limited to fifteen(15) concerts per concert season.
• The applicant shall meet with the City Council during a regular Council meeting a minimum of
once a month to address citizen and community concerns regarding the concert events.
D. DISCUSSION:
• The applicant is requesting design review approval to convert a residential dwelling and associated
property into a temporary 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. Per Eagle City Code, a
commercial entertainment facility (outdoor) and live entertainment event requires approval of a
conditional use permit within the Mixed Use (MU) zoning district. The applicant submitted a
conditional use permit application to the City on March 7, 2011. The Eagle Planning and Zoning
Commission reviewed and recommended approval of the conditional use permit application on
May 2, 2011, with a condition that the commercial entertainment facility (outdoor) and live
entertainment events be allowed for only year (the applicant requested approval for 3 years). They
also recommended the addition of a condition that requires the applicant 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. The application is tentatively scheduled for City Council on
June 14, 2011.
• There are currently no provisions for temporary uses within Eagle City Code. The applicant has
indicated they are not requesting waivers of the code based on the proposed use being a temporary
use and that they do not want to construct improvements (i.e.: paved parking lot, interior
landscaping within the parking lot, landscape buffers, modify the exterior of the building to
comply with the EASD Book, etc.) that would ultimately be removed in a few years. The
applicant is requesting the proposed use as a temporary use and the property will eventually be
converted to a residential subdivision (The Lofts at Eagle River Subdivision — PP-15-06). The
applicant should be required to comply with any applicable conditions of the conditional use
permit(CU-02-11).
SUMMARY:
The applicant has requested approval of a conditional use permit which will be used to regulate the
proposed temporary uses. Due to the regulation oversight offered by the conditional use permit,the
applicant has not requested any code waivers. If the temporary use is approved as-is then the following
codes will not be implemented:
• Eagle City Code Section 8-2A-5(E)—Architecture of the building.
• Eagle City Code Section 8-2A-7(J)(2)(b) — Buffer between parking lots and residential
activities.
• Eagle City Code Section 8-2A-7(J)(3)(d)—Chainlink fencing is prohibited.
• Eagle City Code Section 8-2A-7(K)(1)— Landscaping shall minimize impact of off street
parking.
• Eagle City Code Section 8-4-3(A-D)—Design and maintenance of parking lots.
• Eagle City Code Section 8-4-4-2(C) — Parking areas with capacity over 12 vehicles shall
be striped.
• Eagle City Code Section 8-4-4-2(D) — Screening and/or landscaping required when
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parking is located in or adjacent to a residential district.
• Eagle City Code Section 8-4-4-3 —Joint/collective parking facilities.
• Eagle City Code Section 8-4-4-5 —Parking in lieu payments.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 12, 2011, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (McCullough and Pascua absent) to approve DR-12-11 for a design review
application for a temporary commercial entertainment facility(outdoor)for Land of Rock, LLC,
with the following staff recommended site specific conditions of approval and standard conditions
of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of the conditional use permit(CU-02-11)as approved by the
City Council.
2. The applicant shall be required to pay any fees associated with the review of this application(i.e.:
engineers, attorneys, architects, etc.). The fees shall be paid prior to the issuance of a zoning
certificate.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furn ish 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
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and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
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23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 28, 2011.
2. Requests for agencies' reviews were transmitted on April 26, 2011, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-12-11) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA(mixed use with development agreement) zoning district.
DATED this 26th day of May 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C , Idaho , i
Abb. t
Eric R. McCullough, Chairman/Pr
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1A0/
ATTEST: 444 .� ,�Ci
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Sharon-K. Bergmann, Eagle City Olerk
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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