Findings - CC - 2026 - CUP-2025-11 - For a Conditional Use Permit for live entertainment events for Woodstone at the Flats.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
LIVE ENTERTAINMENT EVENTS FOR )
WOODSTONE AT THE FLATS FOR )
VANCE STEVEN COOPER AND/OR )
BOBBIE JO COOPER (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 City Council for their action
on May 26, 2026, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Piedra Familia, LLC, represented by James Marsh with CSHQA, is requesting conditional use
permit approval to permit 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.
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 8, 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 May 5, 2026. The site was posted in
accordance with the Eagle City Code on May 13, 2026.
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).
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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-MOD1/PP-01-22).
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
Vacant (former restaurant
a development agreement)
and 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
North of site
Mixed Use
MU-DA (Mixed Use with
Future residential
a development agreement)
subdivision (Flats Sixteen)
South of site
Mixed Use
MU-DA (Mixed Use with
Future residential
a development agreement)
subdivision (Flats Sixteen)
RUT (Rural Urban
State Highway 16 and flex
East of site
Large Lot Residential
Transition — Ada County
space with accessory
Designation)
buildings
West of site
Mixed Use
MU-DA (Mixed Use with
Future residential
a development agreement)
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 DISTRICT:
This site is not located within an urban renewal district.
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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 distributed
around a centralized landscaped open space area, arranged in a curved row which extends from the
property's northwest corner to the southeast corner and is generally within the proximity of the
property's northern and eastern perimeter. Near to the northwest corner of the site, the restroom
facility abuts a paved parking area to its east. The parking area extends along the north property
line to the northeast corner of the site. The restaurant building is connected to the parking lot on its
south side. The winery/banquet hall building is located to the southeast of the restaurant building
and is accessed by a drive aisle which extends from the parking lot along the eastern property line
and ends approximately 335-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
landscaped open space area, which is approximately 2.20-acres in size. includes a 6,839-square-
foot concrete pad site, which is within the proximity of the southwest corner of the site. At the south
end of the open space area and east of the concrete pad site, there is a 1,025-square-foot
gazebo/pavilion structure.
K. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
5.00-acres
5.00-acres (as limited by the
development agreement)
Percentage of Site Devoted to
Building Coverage
5.60% (0.28-acres)
50% maximum
Number of Parking Spaces
153 total parking spaces
(127-standard, 26-compact,
6-ADA)
151 total parking spaces
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:OOAM to 3:OOPM
• Building No. 3
— Restaurant — "Woodstone 99 Dinnerhouse"
— 6,174-square-feet
— 11:OOAM to 9:OOPM
• Building No. 4
— Office (business/professional)/personal improvement
— 3,222-square feet
— 8:OOAM to 5:OOPM, Monday through Friday
• Building No. 5
— Personal improvement — "The Woodstone Barnhouse"
— 1,025-square-feet
— 8:30AM to 5:OOPM, Monday through Friday, and 8:30AM to 11:OOAM, 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
— Live Entertainment Events — "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.
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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.
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
Facility
Facility Name
Type of Use
Proposed Use
Off Street Parking
(based on
Off Street
Required
Parking
(ECC 8-4-5)
(ECC 8-2-3)
Required
Parking
Spaces
Requirement)
Building
Restroom
Undefined in Eagle City
Undefined in
Eagle City Code
N/A
N/A
N/A
No. 1
facility
Code Title 8
Title 8
Building
Woodstone
Restaurants, dining
Restaurant
I per 150-square feet
3,066-square feet
21
No. 2
Crafted Kitchen
rooms
of gross floor area
1150
Building
Woodstone 99
Restaurants, dining
1 per 150-square feet
61174-square feet
No. 3
Dinnerhouse
rooms
Restaurant
of gross floor area
(including patio
42
area) / 150
Building
The Woodstone
Personal improvement
Personal
1 per 250-square feet
1,050-square feet
5
No. 4
Barn
improvement
of gross floor area
/ 250
Building
Woodstone
Office (business and
Professional)/ Personal
Office/ Personal
1 per 250-square feet
1,866-square feet
13
No. 5
Office Building
improvement
of gross floor area
/ 250
improvement
Retail sales not listed
Retail Sales
Building
The Woodsheds
under another use
(limited)/
1 per 250-square feet
192-square feet /
No. 6
(one of three)
classification/ Personal
Personal
of gross floor area
250
I
improvement
improvement
Retail sales not listed
Retail Sales
Building
The Woodsheds
under another use
(limited)/
1 per 250-square feet
192-square feet /
No. 7
(two of three)
classification/ Personal
Personal
of gross floor area
250
I
improvement
improvement
Retail sales not listed
Retail Sales
Building
The Woodsheds
under another use
(limited)/
1 per 250-square feet
192-square feet /
No. 8
(three of three)
classification/ Personal
Personal
of gross floor area
250
I
improvement
improvement
Open
The Woodstone
Auditoriums, sports
Live
200 guests
(Proposed
Space
Grounds
arenas, theaters and
Entertainment
1 for each 3 seats
67
Area
similar uses
Events
maximum
capacity) / 3
*Fractional numbers are to be increased to the next whole number pursuant to ECC 8-4-1(B)
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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.
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 (IF REQUIRED):
An environmental assessment plan is not required for this application.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Department of Environmental Quality
Idaho Department of Transportation
Star Sewer & Water District
T. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
U. 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;
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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 anld 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 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.
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.
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• 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)
• 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
use classification
1 per 250 square feet of gross floor area
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.
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D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 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
• Nursery
• Office Business, professional and medical
• Personal Improvement
• Personal Services
• Photographic Studio
• Professional Activities
• Restaurant (no drive -through) (hours limited to lam to 1 Opm)
• 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
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• Small engine repair (mower, chain saws, etc.)
• Storage (fenced area)
• Woodworking shop
3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8,
Chapter 4
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 three (3) occurrences per week
during the months of May through October (a total of 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 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.
A. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
B. Oral testimony in opposition to the application was presented before the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION: (Public Hearing Audio/Video Record [Granicus time 00:46:12]):
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Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received. The deliberation can be viewed on the audio/video recording of the public
hearing which is available in the public record and can be found using the Granicus link provided above.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CUP-2025-11 to permit "Live Entertainment
Events" for Woodstone at the Flats with the site -specific conditions of approval and standard conditions of
approval as provided within the Planning & Zoning Commission findings of fact & conclusions of law
document dated April 20, 2026.
PUBLIC HEARING OF THE COUNCIL:
A public hearing on the application was held before the City Council on May 26, 2026, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
A. Oral testimony in favor of the application was presented to the Council by no one (not including the
applicant/representative).
B. Oral testimony in opposition to the application was presented to the City Council by no one.
REBUTTAL PROVIDED BY THE APPLICANT/REPRESENTATIVE:
A rebuttal was presented to the City Council by the applicant who indicated the following:
• The conditional use permit is intended to allow for: convocational events such as weddings, receptions,
recitals, graduations, etc.; community enrichment events to promote health, wellness, arts, and
artisanship, such as fairs, retreats, workshops, seminars, and live entertainment; awareness events and
fundraisers to support nonprofits and to showcase local businesses; and live music to activate the indoor
and outdoor dining areas.
• The intent is to primarily host events which are family friendly.
• The intent is not to schedule events which would generate large amounts of noise during the early hours
of the morning, or to utilize the site as a commercial entertainment facility for events that are generally
disruptive to neighbors, such as a concert venue.
• Live entertainment events are a necessary component for the success of the restaurants on the site. Prior
businesses have failed at this property due to the unique challenges of the location.
• The placement of buildings and future plans for improvements to the landscaping on the site are
intended to direct noise away from neighboring residential properties.
• A condition that would solely grant the conditional use permit to the applicant, and require reevaluation
by the City Council if there is any change to the ownership, would be a fair condition. The applicant
desires for the project to become a legacy project which is one day passed down to their children.
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COUNCIL DELIBERATION: (Public Hearing Audio/Video Record [Granicus time 1:36:40]):
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Upon closing the public hearing, the Council discussed during deliberation that:
• A disclosure to purchasers of adjacent residential properties stating that the subject site will be host to
live entertainment events may help to promote positive relationships with neighbors once the residential
development, which surrounds the site, is constructed.
• Events should be appropriately scheduled so that events which generate the most amount of noise do
not take place in the early hours of the morning.
• The vision described by the applicant is aligned with that of the owners of the site at the time the
property was annexed into the City.
• The proposed project may support a revitalization of the greater area that would benefit Eagle, Star,
and potentially Emmett. The commercial uses on the site may be complementary to other development
in the area, such as the regional athletic park in Valnova, and encourage further growth and expansion
in the area.
• The proposed buildings, especially the Woodsheds, should be positioned to direct noise away from
residential property.
• The applicant appears to be trustworthy and to have the prudence, from many years of operating a
business which offers a service to the community, to foster positive relationships with current and future
neighbors.
• The vision for the live entertainment events use of the property, as expressed by the applicant, is a
crucial component to the application, and without it, the intended purpose of the conditional use permit,
and the basis for an approval by the City Council, could be lost or misconstrued. If there is a change to
the ownership of the property, there is no safeguard within the conditions of approval, as recommended
by the Planning & Zoning Commission, to disallow new ownership from taking advantage of the
flexibility of the permit to host disruptive events at unsuitable hours which adversely impact neighbors
and the community. A condition should be added that the permit is granted solely to the applicant, and
that any change to ownership would require a review by the City Council. The City Council should, at
their sole discretion, have the right to add to, remove from, or amend the conditions of approval, or to
terminate the conditional use permit in its entirety. Without approval by the City Council, a change to
ownership should render the conditional use permit null and void.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CUP-2025-11 for a conditional use permit to permit "Live
Entertainment Events" for Woodstone at the Flats for Vance Steven Cooper and Bobbie Jo Cooper (Piedra
Familia, LLC) with the following Planning and Zoning Commission recommended site -specific conditions
of approval and standard conditions of approval, with underlined text to be added by the Council:
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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 hours of 8:00 AM to 10:00
PM.
4. Attendance for live entertainment events shall be restricted to no more than two hundred (200)
attendees.
5. The conditional use permit approval of the Live Entertainment Events for Woodstone at the Flats is for
Vance Steven Cooper and/or Bobbie Jo Cooper (owners of Piedra Familia. LLQ and is
non -transferable. City Council approval of a conditional use permit modification in accordance with
Eagle City Code Section 8-7-3-5 is required for a transfer of ownership.
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.
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.
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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.
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.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
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23. Any 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.
CONCLUSIONS OF LAW:
1. The City Council 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 in terms of the requirements and restrictions of the development agreement associated with
the subject property, 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, which
establishes that "Live Entertainment Events" is a conditionally permitted use in the MU (Mixed
Use) zone;
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-MOD1, which is consistent with the
Comprehensive Plan's guidelines for development within the Mixed Use Future Land Use
Designation and with the purpose and restricts of the Mixed Use zoning district as established in
Eagle City Code Section 8-2-1;
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, because the development,
as proposed, is consistent with the development agreement, which also governs the adjacent
residential subdivision, and for which the conditions of development have been found to provide
for a harmonious and appropriate mix of commercial and residential uses with sufficient buffering
from the state highway;
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D. Will not be hazardous or disturbing to existing or future neighborhood uses, because the vision for
the "Live Entertainment Events" use, as proposed and expressly stated by the applicant, will host
community oriented events, with consideration to noise mitigation in the early hours of the
morning, and because the applicant's business model is intended to provide an amenity to
neighboring residential uses. Furthermore, as conditioned herein, the hours of operation for events
will be limited so as not to generate public disturbance noise after hours, and attendance of events
will be restricted to a maximum of 200 persons, and because the site will be developed with
sufficient on -site services and parking;
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
with 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. Additionally
the proposed use of the site, as conditioned herein, will economically benefit the community
through the generation of tax revenue and by hosting events which support and showcase the
services provided by nonprofits, businesses, and artisans within 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, since the transportation system has been
found to be adequate by the Ada County Highway District (ACHD) and the Idaho Transportation
Department (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, and because the applicant will implement site design, best practices for good
business, and "good neighbor" principles, so as not to allow events to cause consistent disturbance
and adverse impacts to neighbors and the community;
H. The site is designed with vehicular approaches that will not create interference with traffic on
surrounding thoroughfares, because access will be provided from Glenora Street and Perlette Way,
which connect by a commercial drive aisle through the site, and 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.
3. Pursuant to Eagle City Code 8-7-3-1(F), a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits.
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Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 9th day of June, 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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