Findings - PZ - 2026 - CUP-2025-11 - Conditional Use Permit for live entertainment events for Woodstone at the Flats.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT FOR
LIVE ENTERTAINMENT EVENTS FOR
WOODSTONE AT THE FLATS FOR
PIEDRA FAMILIA, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2025-11
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on April 6, 2026, 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:
Piedra Familia, LLC, represented by James Marsh with CSHQA, is requesting conditional use
permit approval to include Live Entertainment Events for Woodstone at the Flats. The 5.00-acre
site is located along the west side of State Highway 16 approximately 1,290-feet north of the
intersection of West Beacon Light Road and State Highway 16 at 3705 North Highway 16.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on July 15, 2025, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on October 10, 2025. A revised application and application materials were
received by the City of Eagle on January 12, 2026.
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 March 20, 2026. 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
March 18, 2026. The site was posted in accordance with the Eagle City Code on March 25, 2026.
Requests for agencies' reviews were transmitted on January 22, 2026, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement) for CHM Development. (A-04-07/RZ-04-07)
On March 26, 2024, the City Council approved a development agreement modification
(development agreement in lieu of a PUD) and preliminary plat applications for Flats Sixteen
Subdivision, a 109-lot (94-buildable [59 single-family, 35 single-family attached], 1-commercial,
14-common) mixed use subdivision. (RZ-04-07 MOD/PP-0 1 -22).
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On November 12, 2024, the City Council approved a design review application for the common
area landscaping within River Birch Subdivision (formerly known as Flats Sixteen Subdivision).
(DR-2024-41)
On November 12, 2024, the City Council approved a design review application for one
subdivision entry monument sign for River Birch Subdivision (formerly known as Flats Sixteen
Subdivision). (DR-2024-42)
On November 12, 2024, the City Council approved a design review application for seven
townhome buildings (35-units) within River Birch Subdivision (formerly known as Flats Sixteen
Subdivision). (DR-2024-43)
E. COMPANION APPLICATIONS:
No companion applications were submitted with this application.
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
Former restaurant and
a development agreement)
winery
Mixed use development
Mixed Use
MU-DA (Residential with
including restaurant, retail
Proposed
(No Change)
a development agreement)
(limited), personal
(No Change)
improvement, and live
entertainment events
Agricultural
North of site
Mixed Use
MU-DA (Mixed Use with
a development agreement)
Future residential
subdivision (Flats Sixteen)
Agricultural
South of site
Mixed Use
MU-DA (Mixed Use with
a development agreement)
Future residential
subdivision (Flats Sixteen)
Large Lot
RUT (Rural Urban
Flex space with accessory
East of site
Residential
Transition — Ada County
buildings
Designation)
Retail Sales (limited)
West of site
Mixed Use
MU-DA (Mixed Use with
a development agreement)
Future residential
subdivision (Flats Sixteen)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the citywide design review overlay district.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the wildland-urban interface overlay district.
I. URBAN RENEWAL AREA:
This site is not located within an Urban Renewal Area.
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EXISTING SITE CHARACTERISTICS:
The 5.00-acre site contains five (5) existing buildings (a restroom facility, a former restaurant, a
former winery/banquet hall, an office building, and a storage shed). The buildings are arranged in
a row along a curved line which generally follows the northern and eastern perimeter and extends
from the northwest corner to the southeast corner of the property. The restroom facility is located
within the northwest corner abutting a parking lot on to the east, which extends along the north
property line to the northeast corner. The restaurant building connects to the parking lot on its
south side. The winery/banquet hall building is located to the southeast of the restaurant building
and accessed from a commercial drive aisle, which extends from the parking lot, halfway down
the east property boundary approximately 336-feet from the northeast corner. The office and
storage buildings are located within the southern half of the site situated to the southeast of the
winery/banquet hall. The buildings are distributed around a centralized landscaped open space
area which is approximately 2.21-acres in size. The open space area includes a 6,839-square-foot
concrete pad site, which is within proximity to the southwest corner of the lot. At the south end of
the open space area, there is a gazebo/pavilion structure, which is situated to the east of the
concrete pad site.
K. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
5.00-acres (as limited by the
Total Acreage of Site
5.00-acres
development agreement)
Percentage of Site Devoted
5.60% (0.28-acres)
50% maximum
to Building Coverage
153 total parking spaces
Number of Parking Spaces
(127-standard, 26-compact,
151 total parking spaces
6-ADA)
Front Setback
20-feet minimum
20-feet minimum
Rear Setback
20-feet minimum
20-feet minimum
Side Setback
7.5-feet minimum
7.5-feet minimum
Maximum Height
35-feet maximum
35-feet maximum
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L. GENERAL SITE DESIGN FEATURES:
Number of Proposed Buildings and Uses:
The site, as proposed, consists of eight (8) buildings:
Building No. 1— restroom facility — 475-square-feet
Building No. 2 — restaurant — "Woodstone Craft Kitchen" — 3,066-square-feet — 7:00 AM to 3:00
PM
Building No. 3 — restaurant — "Woodstone 99 Dinnerhouse" — 6,174-square-feet — 11:00 AM to
9:00 PM
Building No. 4 — office (business/professional)/personal improvement / storage — 3,222-square —
8:00 AM to 5:00 PM, Monday through Friday
Building No. 5 — personal improvement — "The Woodstone Barnhouse" (pavilion) — 1,025-
square-feet — 8:30 AM to 5:00 PM, Monday through Friday, and 8:30 to 11:00 AM, Saturday and
Sunday
Building No. 6 — personal improvement/retail (limited) — "The Woodsheds" (one of three) — 192-
square-feet
Building No. 7 — personal improvement/retail (limited) — "The Woodsheds" (two of three) — 192-
square-feet
Building No. 8 — personal improvement/retail (limited) — "The Woodsheds" (three of three) —
192-square-feet
The site also contains landscaped open space to be used for events:
Open Space Area — "The Woodstone Grounds" — 8:00 AM to 10:00 PM
Height and Number of Stories of Proposed Buildings:
All buildings are required to be a maximum of 35-feet (35') in height and will be subject to all
applicable approvals and requirements of Eagle City Code. Building height will be reviewed at
the time of submittal of a design review application.
Gross Floor Area of Proposed Buildings:
The combined gross floor area of the eight (8) proposed buildings is 14,063-square feet.
On and Off -Site Circulation:
The subject site is located within the Flats Sixteen mixed -use development for which a public
access will be provided from State Highway 16 to Glenora Street. Direct access to the site will be
from local roads: Glenora Street to the north and Perlette Way to the west. The development also
includes a secondary emergency fire access from State Highway 16, connecting to the local road
network at the terminus of Mazzarrone Street to the south.
Vehicular circulation through the subject property will occur through a commercial drive aisle,
which connects the access points from Glenora Street and Perlette Way, and generally follows the
perimeter of the site. Additionally, parallel parking is proposed along the drive aisle where it
abuts the southern property boundary.
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M. PARKING ANALYSIS:
The combined total of required parking spaces is calculated pursuant to the requirements within
Eagle City Code Section 8-4-5: Schedule of Parking Requirements for the following types of
uses: Auditoriums, sports arenas, theaters and similar uses; Restaurant, dining rooms; Personal
improvement; Office, business and professional; and, Retail sales not listed under another use
classification.
Required Total: 151— on -site parking spaces
Proposed Total: 153 — on -site parking spaces
Calculation
(based on
Required
Facility
Facility
Type of Use
Proposed Use
Off Street Parking
Off Street
Parking
Name
(ECC 8-4-5)
(ECC 8-2-3)
Required
Parking
Spaces
Requirement)
Building No. 1
Restroom
Undefined in Eagle
Undefined in
Eagle City
N/A
N/A
N/A
facility
City Code Title 8
Code Title 8
Building No. 2
Woodstone
Crafted
Restaurants, dining
Restaurant
1 per 150-square feet
3,066-square feet
21
Kitchen
rooms
of gross floor area
/ 150
Building No. 3
Woodstone 99
Restaurants, dining
Restaurant
1 per 150-square feet
6,174-square feet
(including patio
42
Dinnerhouse
rooms
of gross floor area
area) / 150
Building No. 4
The
Woodstone
Personal improvement
Personal
1 per 250-square feet
1,050-square feet
5
Barn
improvement
of gross floor area
/ 250
Building No. 5
Woodstone
Office
Office (business and
professional)/ Personal
Office/ Personal
1 per 250-square feet
1,866-square feet
13
Buildin
im rovement
improvement
of gross floor area
/ 250
Retail sales not listed
Retail Sales
Building No. 6
The
under another use
(limited)/
1 per 250-square feet
192-square feet /
1
Woodsheds
classification/ Personal
Personal
of gross floor area
250
im rovement
improvement
The
Retail sales not listed
Retail Sales
Building No. 7
Woodsheds
under another use
(limited)/
I per 250-square feet
192-square feet /
I
(one of three)
classification/ Personal
Personal
of gross floor area
250
im rovement
im rovement
The
Retail sales not listed
Retail Sales
Building No. 8
Woodsheds
under another use
(limited)/
I per 250-square feet
192-square feet /
I
(two of three)
classification/ Personal
Personal
of gross floor area
250
improvement
improvement
Open Space
The
Woodstone
Auditoriums, sports
Live
200 guests
(Proposed
Area
Grounds
arenas theaters and
Entertainment
I for each 3 seats
maximum
67
three of three
similar uses
Events
capacity) / 3
*Fractional numbers are to be increased to the next whole number pursuant to ECC 8-4-1(B)
N. PUBLIC SERVICES AVAILABLE:
The site is served by the Star Fire District and Eagle Police Department. The property will be
connected to central services provided by the Star Sewer and Water District.
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O. PUBLIC USES PROPOSED:
No public uses are proposed.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
Q. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None known
Evidence of Erosion — None known
Fish Habitat — None known
Floodplain — None known within this portion of the development
Mature Trees — None known
Riparian Vegetation — None known
Steep Slopes — None known
Stream/Creek— None known
Unique Animal Life — None known
Unique Plant Life — None known
Unstable Soils — None known
Wildlife Habitat — None known
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An environmental assessment plan is not required for this application.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District (ACHD)
Department of Environmental Quality (DEQ)
Idaho Transportation Department (ITD)
Star Sewer & Water District (SSWD)
T. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
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 Future Land Use Map (adopted November 15, 2017), designates this
site as the following:
Mixed Use:
Suitable for a mixture of uses including limited office, limited commercial and residential.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and 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.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools, and fitness studios.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where
meals are provided for compensation, including, among others, such uses as cafe, cafeteria,
coffee shop, lunchroom, tearoom, and dining room. Bars and microbreweries are allowed
within restaurants, whether operated by the restaurateur or by a separate entity, and shall be
allowed under the same use classification as the restaurant when operated within a restaurant.
RETAIL SALES:
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering,
and similar uses.
• Eagle City Code Section 8-2-1: Districts Established, Purpose, and Restrictions:
MU MIXED USE 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. (Ord. 673, 11-27-
2012)
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• -Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
In accordance with subsection 8-4-1A of this chapter, parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator. Among the factors
for determining the number of spaces to be required for a use not listed herein, the
administrator shall compare the proposed use with a use which has similar traffic generating
characteristics as outlined in the most recent version of the institute of transportation
engineers trip generation manual.
Type of Use
ECC 8-4-5
Off Street Parking Required
Auditoriums, sports arenas, theaters and
1 for each 3 seats
similar uses
Restaurants, dining rooms
1 per 150 square feet of gross floor area
Personal Improvement
1 per 250 square feet of gross floor area
Office, business and professional
1 per 250 square feet of gross floor area
Retail sales not listed under another
1 per 250 square feet of gross floor area
use classification
C. PUBLIC HEALTH AND SAFETY CODE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
1. The following permitted and conditional uses shall be the only allowed uses within the
Commercial Lot of the Property:
• Artist Studio
• Arts and Crafts Shows
• Bar (with approval of a conditional use permit)
• Beauty/barber shop
• Bed and breakfast facility
• Convenience store with no fuel service
• Family & Group Childcare
• Food and Beverage Sales (hours limited to lam to lOpm)
• Gift Shop
• Health club, spa, wight reduction salons (including racquet club)
• Hotel (up to 20 rooms)
• Live entertainment events (with approval of a conditional use permit)
• Microbrewery
• Museum
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• Nursery
• Office Business, professional and medical
• Personal Improvement
• Personal Services
• Photographic Studio
• Professional Activities
• Restaurant (no drive -through) (hours limited to lam to lOpm)
• Retail Sales (limited)
• Retail Sales (pharmacy and medical)
• Travel Services
• Winery
• Vet Clinic (excluding overnight boarding)
The following uses shall be prohibited within the Property:
• Automotive parts and accessory sales
• Automotive vehicle vinyl wrap shop
• Automotive washing facility
• Automotive repair
• Cabinet shop
• Cemetery
• Circuses and carnivals
• Coffee roasting facility
• Commercial entertainment facilities (indoor and outdoor)
• Drive- in theater
• Equipment rental and sales yard
• Mortuary
• Machine shop
• Mortuary/ Funeral home
• Restaurant (with drive -through)
• Shopping center
• Small engine repair (mower, chain saws, etc.)
• Storage (fenced area)
• Woodworking shop
2. Owner shall comply with all parking requirements pursuant to City of Eagle Title 8,
Chapter 4
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E. DISCUSSION:
The applicant is requesting conditional use permit approval for "Live Entertainment Events"
in order to host special events, outdoor performances, celebrations, and live music. The
specific uses proposed to be held on site would include "Live Entertainment Events,
"Restaurant (no drive -through)", "Office (Business and Professional)", "Personal
Improvement", and "Retail Sales (limited)", as defined by Eagle City Code Section 8-2-1.
The site is zoned MU-DA and is subject to a development agreement within which the
proposed uses are permitted, with the exception of "Live Entertainment Events", which is
only allowed with approval of a conditional use permit.
• Pursuant to Eagle City Code 8-2-1, "Live Entertainment Events" is defined as temporary
concerts or other cultural events lasting less than seven (7) days or ongoing occasional events
such as barn dances, square dances, weddings, and receptions, as well as, temporary events
such as corn mazes, hayrides, retail pumpkin patches, and petting zoos lasting less than forty
five (45) days per calendar year. Pursuant to Eagle City Code Section 8-7-3-5(D), conditions
may be attached to a conditional use permit to minimize adverse impact on other
development, requiring provisions for on -site public facilities and services, and requiring
more restrictive standards than those generally required within Title 8 of Eagle City Code.
The applicant is proposing to restrict the hours of "Live Entertainment Events" to the hours of
8:00 AM to 10:00 PM. The applicant is also proposing to limit the maximum number of
attendees to 200 persons. The site includes a restroom facility which will be utilized as event
restrooms. In order to protect the residents of the future residential development, Flats
Sixteen, from adverse impact, the applicant should be required to limit "large events",
(considered to be 151 or more occupants), to two (2) occurrences per week during the months
of May through October (a total of twelve [ 12] "large events" per year). The applicant should
be required to limit "small events" (considered to be 150 or less occupants) to a total of three
(3) occurrences per week during the months of May through October (a total eighteen [18]
per year).
• The applicant has proposed that all events and live music taking place outdoors will be
required to end at 10:00 PM. Given that noise which causes a public disturbance could be
generated from indoors as well, the applicant should be required to restrict the hours for all
live entertainment events on the site to the hours of 8:00 AM to 10:00 PM, in order to comply
with the Eagle City Code 4-9-3(A), which prohibits public disturbance noise between the
hours of 10:00 PM to 8:00 AM.
The applicant should submit a design review application including site and landscape plans
showing any existing and proposed landscaping, trash receptacle storage location, site
lighting, and parking lot striping. The applicant should also submit a design review
application for the proposed buildings, both permanent and temporary. The design review
application should be approved prior to issuance of a notice to proceed with construction.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 6,
2026, 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 of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
C. Oral testimony in opposition to the application was presented before 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 received. A summary of the deliberation can be found at the following link
(Granicus time: 00:46:12):
hgps://eagle-id.granicus.com/player/clip/2217?view_id=1 &redirect=true
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT:
The Commission voted 5 to 0 to recommend approval of CUP-2025-11 to allow "Live Entertainment
Events" for Woodstone at the Flats with the following staff recommended conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering 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.
2. The applicant shall comply with all conditions of the development agreement, (Ada County
Instrument No. 2024-022351) for rezone application RZ-04-07 and RZ-04-07 MOD.
3. The occurrence of "Live Entertainment Events" shall be restricted to the meet s Of May thFo„gh
the hours of 8:00 AM to 10:00 PM.
4. "Live Enteftaimnent Events" shall be r-eskieted to twe (2) oeetiffenees peF week during the meffths a
May t4etrghO eteber (twelve —[leer yeas for- lafge events„ (ree sider-oa t be 151 or- fnerve
week dtifing the menths of May through Oeteber- (eighteen [18] per- year-) for- "small events"
(eensider-ed to be 150 or- less eeeupaftts).
5. Attendance for live entertainment events shall be restricted to no more than two hundred (200)
attendees.
6. The applicant shall submit a design review application including site and landscape plans showing
any existing and proposed landscaping, trash receptacle storage location, site lighting, and parking lot
specifications, any proposed buildings to be on the site. The design review application shall be
approved prior to issuance of a notice to proceed with construction.
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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 (ACHD)
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 ACHD. Construction of the storm drain
disposal system shall be complete before an occupancy permit is issued.
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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
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.
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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 be 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 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.
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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.
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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CUP-2025-11) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses", and has concluded that the proposed conditional use:
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 mixed use 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
conditioned herein, because the use is regulated by the development agreement (Ada County
Instrument No. 2024-022351) for rezone application RZ-04-07 and RZ-04-07 MOD, which is
consistent with the Comprehensive Plan's guidelines for development within the Mixed Use
Future Land Use Designation (as shown within the findings provided within this document),
and as conditioned herein;
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, because the subject property has
historically supported similar uses, such as restaurant and winery, and is subject to a
development agreement to ensure that the commercial uses remain consistent with, and
complementary to, the adjacent residential subdivision;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, because the
hours of operation for events will be limited to avoid public disturbance due to noise to the
residents of the future River Birch residential subdivision. The maximum capacity for events
has also been limited to ensure that sufficient on -site parking is provided to eliminate the risk
of overflow parking within the adjacent residential subdivision;
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. Public facilities and services currently serve the site
(i.e. Star Fire and Eagle Police Department) and the use will not impact the availability of
these services or the ability for the site to be served by utility providers with service areas
which include the site (i.e. Star Sewer and Water District), as noted in the documentation
provided from said agencies and as required as a part of the conditions of approval;
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
existing infrastructure is adequate to serve the facility, and any required additional
infrastructure will be at the expense of the developer who will bear all costs associated with
the development;
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 transportation system has
been found to be adequate by the ACHD and ITD, and since the development is not expected
to generate any smoke, fumes, glare or odors, and noise will be limited to appropriate
business hours by the condition for operating hours provided herein;
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H. Access will be provided from Glenora Street and Perlette Way which connect by a
commercial drive aisle through the site. Sufficient on -site parking will be provided. Access
from State Highway 16 will be from Glenora Street; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance, since the applicant is not proposing removal of any natural features and
there are no designated scenic or historical features located on the property. The applicant
intends to improve the landscaped open space area to be utilized for outdoor events.
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.
DATED this 20`h day of April, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
OF EAU
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ATT T: C�: �e O R,1
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SEA '
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Tracy E. O agle City Clerk �!l'�:rm;;�a;'::"•�0.%�
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis"
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