Findings - CC - 2024 - CUP-2024-02 - Conditional Use Permit for a Live Entertainment Event Facility BEFORE THE EAGLE CITY COUNCIL
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 CUP-2024-02
The above-entitled conditional use permit application came before the Eagle City Council for their action
on June 11, 2024, at which time public testimony was taken and the public hearing was closed. The
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:
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 1015 S.Bridgeway Place,Eagle, ID, 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:
Requests for agencies' reviews were transmitted on April 11, 2024, in accordance with the
requirements of the Eagle City Code. 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 the Eagle City Code on April 17, 2024. The site was posted in accordance with the Eagle
City Code on April 24,2024.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 24,
2024. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 24, 2024. The
site was posted in accordance with the Eagle City Code on May 29,2024.
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).
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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).
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.
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I. 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.
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.
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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
Total Parking Required(Based on the most restrictive use [Auditoriums, sports 67-parking spaces
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#16001 C 161 J
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
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S. LETTERS FROM THE PUBLIC:
A letter from Robert Christensen in opposition to the application was received by the City on May
29,2024.
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;
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 CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'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:
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• 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.
• 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.
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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:
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.
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• 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
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/p layer/clip/1874
COMMISSION DECISION:
The Commission voted 3 to 0 (McCauley and Smith absent)to recommend approval of CUP-2024-02 for
a conditional use permit for a live entertainment event facility, with the site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of
law,dated May 20,2024.
PUBLIC HEARING OF THE COUNCIL(Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1886?metajd=9600 7
A. A public hearing on the application was held before the Eagle City Council on June 11, 2024, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
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B. Oral testimony in favor to the application was presented to the Eagle City Council by no one (not
including the applicant/representative).
C. Oral testimony in opposition of the application was presented to the Eagle City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to deny CUP-2024-02 for a conditional use permit for a live entertainment event
facility.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CUP-
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 use:
D. Will be hazardous or disturbing to existing or future neighborhood uses since the site is located
in proximity to residential homes and there will not be adequate noise mitigation;
G. The applicant was unable to demonstrate that the proposal will not involve uses and
activities/conditions of operation that will be detrimental to the residents to the south of the
proposed event center, due to the excessive production of noise that would be generated by the
proposed venue.
2. The Council has determined that the noise generated by the venue will negatively impact the
residential properties to the south of the site. Common knowledge and scientific understanding of
sound travel and decibel levels indicate that noise exceeding 60 decibels can significantly disrupt
residential areas and cause disturbances to residents.
The proposed venue includes the use of amplified sound, which will generate noise levels surpassing
this threshold. Given the proximity of these homes to the proposed site, the sound will travel directly
and without adequate attenuation, creating an environment that is inconsistent with the residential
nature of the surrounding properties.
DATED this 23'day of July 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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