Findings - PZ - 2024 - CU-2024-02 - 1015 S Bridgeway Place - Conditional Use Permit for A Live Entertainment Event Facility BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A LIVE ENTERTAINMENT EVENT )
FACILITY FOR KATHY WILKINS )
WITH HIGHLAND HOMES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2024-02
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on May 6,2024,at which time public testimony was taken and the
public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Kathy Wilkins with Highland Executive Offices LLC is requesting conditional use permit
approval for a"Live Entertainment Events" facility for weddings, receptions, and similar events.
The approximately .97-acre site is located on Lot 24, Block 4, Mixed Use Subdivision No. 5
within Eagle River Development at 1015 South Bridgeway Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at at 7:00 PM on December 18, 2023, 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 29,2024.
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 19, 2024. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
April 17, 2024. The site was posted in accordance with the Eagle City Code on April 24, 2024.
Requests for agencies' reviews were transmitted on April 11, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone with a development agreement
(including a concept plan)for this site(RZ-2-98).
On April 24, 2001,the Eagle City Council approved preliminary plat for Mixed Use Subdivision
No. 1 (PP-14-00).
On May 8, 2001, the Eagle City Council approved a final plat for Mixed Use Subdivision No. 1
(FP-13-01).
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat
for Mixed Use Subdivision No. 2,(PP/FP-1-01).
Page 1 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat for
Mixed Use Subdivision No. 3 (PP/FP-3-02).
On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat
for Mixed Use Subdivision No. 4(PP/FP-4-02).
On December 16, 2003, the Eagle City Council approved the final plat for Mixed Use
Subdivision No. 5 (FP-12-03).
On January 26, 2021, the Eagle City Council approved a design review application for the
Highland Homes building (DR-75-20).
On January 26, 2021, the Eagle City Council approved a design review application for the master
sign plan for Highland Homes(DR-76-20).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed-use with a Multi-tenant Office
development agreement) (Business and professional
[Highland Homes])
Proposed No Change No Change Multi-tenant Office
(Business and professional
tenants with live
entertainment use)
North of site Mixed Use MU-DA(Mixed-use with a Office Building within
development agreement) Eagle River Development
South of site Floodway MU-DA(Mixed-use with a North Channel of the Boise
development agreement) River
East of site Mixed Use MU-DA(Mixed-use with a Office Building within
development agreement) Eagle River Development
West of site Mixed Use MU-DA(Mixed-use with a Office Building within
development agreement) Eagle River Development
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
EXISTING SITE CHARACTERISTICS:
The site contains one multi-tenant, two-story business and professional office building (13,948-
square feet). The building is surrounded by a parking lot on the west and north sides. Landscaping
adjoins the neighboring building to the east, and the southern side features landscaping beds, a
sidewalk, sloping lawn,and a pond.
Page 2 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 42,253-square feet 5,000-square feet(0.11-acres)
(.97-acres) (minimum)
Percentage of Site Devoted to Building 17%(approximately) 50%(maximum)
Coverage
Percentage of Site Devoted to 38%(approximately) 10%(minimum)
Landscaping
Front Setback 92-feet 20-feet(minimum)
Rear Setback 54-feet 20-feet(minimum)
Side Setback 10-feet 7.5-feet(minimum)
Side Setback 67-feet 7.5-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One (1) multi-tenant business and professional office
building including the use of"Live Entertainment Events" for weddings, receptions, and similar
events.
Height and Number of Stories of Proposed Buildings: Existing thirty-two foot (32') high, two-
story structure
Gross Floor Area of Proposed Buildings: Approximately 15,000-square feet
On and Off-Site Circulation: An 18,870-square foot (approximately) paved parking lot provides
parking for vehicles using this site. Access to this site is from the north, from shared access drive
aisles that provide access to South Bridgeway Place.
L. PARKING ANALYSIS:
Required Total [based on ECC Section 8-4-5 requirements for Auditoriums, sports arenas,
theaters, and similar used
Total Required—67 on site parking spaces
Total Existing* — 56 on site parking spaces, plus (approximately 640 spaces) additional
parking provided by the Eagle River development
*A cross parking easement exists over all parking lots within the Eagle River development.
Highland Homes is allotted 56-parking spaces for the building, but additional parking
(approximately 640 spaces)is provided by the Eagle River Development.
Required Total for Tenant and Deck Area[based on"Auditoriums,sports arenas,theatres,and
similar uses"and"Office,business and professional"]:
Live Entertainment Events 1 per 3 guests 200 guests/3 67-parking spaces
Office,Business and 1 per 250-square feet 13,948-square feet/250 56-parking spaces
Professional
Page 3 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
Total Parking Required(Based on the most restrictive use [Auditoriums, 67-parking spaces
sports arenas,theatres,and similar uses]):
• Eagle City Code Section 8-4-5 requires 1 parking space per 3 guests for"Auditoriums, sports
arenas,theatres,and similar uses".
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square-feet of gross floor
area for"Office,business and professional"uses.
• Live Entertainment Events will only be hosted after office business hours (Fridays after 5:00
p.m. and on weekends).
M. PUBLIC SERVICES AVAILABLE:
The site is currently served by Eagle Fire Department,Veolia Water, and Eagle Sewer District.
N. PUBLIC USES PROPOSED:None.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—yes;the pond located south of the site has fish that migrated from the Boise River
Floodplain — yes; the site is located within the 1% floodplain area as identified on the Flood
Insurance Rate Map(FIRM)Panel#16001C161J
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire District
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
T. 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;
Page 4 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
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.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted November 15, 2017),designates the site as
the following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined by a site by site basis. Uses should complement and not take away from
downtown Eagle. Development within this land use designation should be required to
proceed through the PUD and/or development agreement process.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules&Definitions:
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.
Page 5 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
• Eagle City Code Section 8-2-1: Districts Established,Purposes, and Restrictions:
MU(Mixed Use)Zoning District:
To provide for a variety and mixture of uses such as limited office, limited commercial, and
residential. This district is intended to ensure compatibility of new development with existing
and future development. It is also intended to ensure assemblage of properties in a unified
plan with coordinated and harmonious development which shall promote outstanding design
without unsightly and unsafe strip commercial development. Uses should complement the
uses allowed within the CBD zoning district. All development requiring a conditional use
permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under
the PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use
in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not
exceed twenty (20) dwelling units per gross acre. When a property is being proposed for
rezone to the MU zoning district, a development agreement may be utilized in lieu of the
PUD and/or conditional use process if approved by the city council, provided the
development agreement includes conditions of development that are required during the PUD
and conditional use process.
• Eagle City Code Section 8-7-3-5(D)(E)(G): Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including,but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however,the new owner(s) shall be bound by the same conditions of approval applicable
to the conditional use permit that was transferred. The new owner(s) shall provide written
acknowledgement to the city accepting the terms of the transferred conditional use permit
within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later;
otherwise,the permit may be declared void after notice and public hearing before the city
council.
G. Time Limitations,Extensions:
1. Once a conditional use is approved and exercised, said use may continue without
further temporal constraints, provided that the use complies with its intended
purpose, or city approved modifications thereafter, and does not violate any codes,
subject to the following:
Page 6 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
a. An approved conditional use permit shall be valid for a term approved and
conditioned by the city council.
b. An extension of the time limit for an approved conditional use may be granted by
the city council, at its sole discretion, without further notice and hearing, if the
following findings are made:
(1)There are no outstanding city code or conditional use permit violations on the
subject property. If such violations exist, they may be conditioned by the city
council to be cured as a condition of the extension of time;
(2) The conditional use, as previously approved, remains in the best interests of
the health,safety,and general welfare of the city;
(3) There have been no significant changes to this code between the date of
conditional use approval and the date of the time extension request that
would require substantial modifications to the project;
(4) There are no hazardous conditions which have developed or have been
discovered on the project site;and
(5)The public facilities and services required for the project remain adequate.
C. PUBLIC HEALTH AND SAFETY CODE PROVISIONS WHICH ARE OF SPECIAL
CONCERN:
• Eagle City Code Section 4-9-3(A): Public Disturbance Noise Prohibited:
Between the hours of ten o'clock(10:00)P.M. one day and eight o'clock(8:00)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,
vibrating compaction equipment, vehicles with backup beepers engaged in reverse or moving
in a reverse direction except for any vehicle being used for emergency purposes. 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.
D. DISCUSSION:
• Pursuant to Eagle City Code Section 8-1-2, the requested use is defined as Live
Entertainment Events. Pursuant to Eagle City Code Section 8-2-3, "Live Entertainment
Events" are conditionally permitted within the MU(Mixed-Use)zoning designation. The site
is currently zoned MU-DA (Mixed-Use with a development agreement) and is shown on the
City of Eagle Comprehensive Plan Land Use Map as Mixed Use. The development
agreement associated with Eagle River recognizes Live Entertainment Events as a
conditionally approved use.
• The applicant is requesting conditional use permit approval to host live entertainment events
such as weddings,receptions,and similar events. To accommodate the events,the applicant is
proposing to add a 6,069-square foot deck on the south side of the existing multi-tenant office
(business and professional)building. The applicant should obtain a zoning certificate prior to
operating any live entertainment events.
• A cross parking easement exists over all parking lots within the Eagle River development.
Highland Homes is allotted 56-parking spaces for the building, but additional parking
(approximately 640 spaces) is provided by the Eagle River Development. Pursuant to Eagle
City Code Section 8-4-5, "Live Entertainment Events" requires a minimum of 1 parking
space per 3 guests (based on"Auditoriums, sports arenas, theatres, and similar uses"). Based
on the applicant's narrative,dated March 29, 2024,the maximum estimated number of guests
Page 7 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024.02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
per event is 200. The applicant should be required to provide a revised site plan showing a
minimum of 67 parking spaces to accommodate for the maximum number of guests per event
prior to submittal of a design review application.
• The applicant is proposing to host events after office business hours (5:00 p.m.) on Fridays,
and from 7:00 a.m. to 10:00 p.m. on Saturdays and Sundays. Eagle City Code Section 4-9-
3(A)prohibits loud or offensive noise after 10:00 p.m. Since the applicant is proposing large
outdoor events, the hours of operation for "Live Entertainment Events" should be limited
between 5:00 p.m. to 10:00 p.m. on Fridays, and 7:00 a.m. to 10:00 p.m. on Saturdays and
Sundays.
• The applicant should submit a design review application including site and landscape plans
showing existing and proposed landscaping, and the proposed deck. The design review
application should be reviewed and approved by city staff prior to the issuance of a zoning
certificate.
PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1874
A. A public hearing on the application was held before the Planning and Zoning Commission on May 6,
2024, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor to the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition of the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time 00:22:22):
https://eagle-id.granicus.com/player/clip/1874
COMMISSION DECISION:
The Commission voted 3 to 0(McCauley and Smith absent)to recommend approval of CU-2024-02 for a
conditional use permit for a live entertainment event facility,with the following site specific conditions of
approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Live entertainment events is the only approved use with this conditional use permit(ECC 8-2-3).
2. The applicant shall submit payment to the City for all engineering fess and legal fees incurred for
reviewing this project prior to the issuance of a zoning certificate and/or upon receipt of an invoice by
the City,whichever occurs first.
3. Comply with all requirements of the floodplain development permit for this site(FPDP-2024-02).
4. The applicant shall be required to provide a minimum of 67 parking spaces.
5. The applicant shall obtain a zoning certificate prior to operating any live entertainment events.
6. The hours of operation for live entertainment events shall be limited to 5:00 p.m. through 10:00 p.m.
on Fridays,and between 7:00 a.m. to 10:00 p.m. on Saturdays and Sundays.
Page 8 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
7. The applicant shall submit a design review application including site and landscape plans showing
existing and proposed landscaping, and the proposed deck. The design review application shall be
reviewed and approved by city staff prior to the issuance of a zoning certificate.
8. Outdoor storage is prohibited.
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 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 furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a surety 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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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
Page 9 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
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 Engineer prior to
the City Engineer signing the final plat.
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, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
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.
Page 10 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
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 Parks and Pathways Development Commission for
a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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 staff and
the City Engineer 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 floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory 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.
Page 11 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions
of approval applicable to the conditional use permit that was transferred. The new owner(s) shall
provide written acknowledgment to the City accepting the terms of the transferred conditional use
permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the
permit may be declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CU-2024-02) in terms of Eagle City Code Section 8-7-3-2, "General Standards for Conditional
Uses"and has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since
live entertainment events may be permitted within the MU zoning district with the approval of a
conditional use permit;
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), as shown within
the findings provided within this document, since the Comprehensive Plan and Eagle City Code
contain provisions which allow for live entertainment events within the MU(Mixed Use)zoning
district with the approval of a 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 existing building was reviewed and
approved by the Eagle Design Review Board and City Council;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is not
located adjacent to any residential homes and the hours of operation are limited as conditioned
herein;
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 already developed and served by Eagle Sewer
District,Veolia Water, and the Eagle Fire Department;
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 infrastructure is
already in place to serve the existing structure;
G. Will not involve uses,activities,processes,materials,equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors, since the live entertainment events
hours of operation are limited and the proposed use is not expected to generate excessive 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 since the site is served by existing
streets; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since there are no natural, scenic, or historic features of major importance on the
site.
Page 12 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzfdoc
2. Failure to comply with all provisions and any condition of approval of this conditional use permit
may result in a compliance hearing in front of the City Council at which time the Council may add
conditions to the permit,modify existing permit conditions,or revoke all or part of the permit.
3. Pursuant to Eagle City Code 8-7-3-5(F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 20th day of May,2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
C c't ... ••
f 1LM
Tracy E. shorn,Eagle City Clerk * S E A L q:
�•.!`9'.•�OOOR::V'•
''••qrF OF 1D�` :
Page 13 of 13
K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-02 Highland Homes Events\Working Files\CUP-2024-02 Highland Homes Events pzf.doc