5,000 Seat Amphitheater

Case No. (CU2022-0034-APL) - The applicant, Borton-Lakey Law representing EW Real Estate, LLC is appealing the Planning and Zoning decision regarding the denial of Case CU2022-0034, a conditional use permit to allow Agritourism Oriented Special Events Facility use within an “A” (Agricultural) Zoning District. This would include 5,000 guests for concerts, events, cidery, u-pick orchards, and other agritourism activities. The subject property is located southeast of 13748 Sunnyslope Road, Caldwell Idaho.

The hearing will be:
Tuesday, July 25, 2023, at 1:30pm
Canyon County Commissioners Room (1st Floor)
1115 Albany Street Caldwell, Idaho
Deadline for public comments: Thursday, July 6, 2023
Click here to view the hearing notice

Information For Review on the 5,000-Seat Amphitheater

The proposed amphitheater is to be called The Sunnyslope Ranch. The developers previously built and operate a similar venue in Saratoga, CA called The Mountain Winery.

• Click here to view The Mountain Winery website.

• The Sunnyslope Ranch

The Planning & Zoning Commission denied this request last year. For details, see below:

·         Click here to view the Planning and Zoning Commission Staff Report, Nov. 22, 2022

·         Click here to view the Planning and Zoning Commission Denies Case, Dec 15, 2022

5,000-seat amphitheater in Caldwell? Not so fast, county planning and zoning says

• Click here to review the article in the Idaho Press written by Erin Banks Rusby, Dec. 9, 2022

2 people were killed in a mass shooting near Washington’s Gorge Amphitheatre during a music festival. June 18, 2023

• The amphitheater's closest fire department is the Volunteer Marsing Fire Department.

Bitner Vineyards Wine club Member Plans to speak at the appeal hearing

• Bitner Vineyards Wine Club Member quoted to Amy Bitner referring to the White River Amphitheater, “The rural town I am from approved an amphitheater in our area, and the traffic is an absolute nightmare it can take up to two hours to try and leave the venue.”

• White River Amphitheater

  • One of the first items stated on the White River Amphitheater website:

    • Traffic can be heavy before and after events so make sure to allow sufficient time to arrive at the venue.

• 2,500 parking spots proposed for the 5,000-seat amphitheater

Did you know Canyon County is the #1 U.S. Producer of:

• Corn Seed, Onion Seed, Dry Bean Seed, & Cover Crop Seed

  And proudly, Canyon County is one of five major global seed production regions with a total economic value of at least $300 Million. Many global seed companies are present in Canyon County due to its ability to produce seed in a desert. The unprecedented loss of farmland in the county is causing the seed industry to question the future of seed production in the region. If the seed industry is forced to leave the county or reduce its operations, the negative impact on our local economy and food supply chain would be extensive and irreversible.

WE NEED YOUR VOICE, CANYON COUNTY, TREASURE VALLEY, AND ALL OF IDAHO

WE NEED YOUR VOICE, CANYON COUNTY, TREASURE VALLEY, AND ALL OF IDAHO

The developer of The Sunnyslope Ranch is trying to persuade local wineries, businesses, farmers, and city officials that this huge entertainment complex will be good for their business. But the Sunnyslope Wine Trail experience is more likely to be degraded, not improved, by:

• A 5,000-seat capacity amphitheater and event center with 2,500 parking spaces

• ·An estimated 70 concerts or more per season

• Amplified music and bright outdoor light pollution continuing until 11:00pm

• 1,000-2,000 or more cars on Hwy 55 heading to and from the event

And if this project is approved, a new precedent will be established that could further permanently transform the Sunnyslope Valley.

As a community, we need to be mindful and respectful of the families, ranchers, livestock, farmers, tractor drivers, growers, birds, animals, native pollinators, and neighbors who have been a part of this valley. The reality is our infrastructure of country roads, HWY 55, Farmway Road, Marsing Volunteer Fire Department, police, ambulance, and workforce cannot handle or maintain such a massive venue.

Our land is incredible, unique, viable farmland. If we continue to lose it, we also lose the opportunities to grow more vineyards, hops, and orchards, as well as the agricultural seed industry. The long-term devastation and loss of ranching/agriculture land and seed crop production far outweigh any concert venue. Please help us save the legacy of the Sunnyslope Valley.  – Amy Bitner
Sincerely,
Amy Bitner
4th Generation Idahoan
Small Vineyard & Family Business
Concert Goer
Former Operations & Training Manager for Emergency Preparedness & Public Safety (Corporate, City, County, State, & Federal Sectors)

The Planning and Zoning document describes very well the negative impact and concerns that led them to reject the application (by a 5 to 0 vote).

DELIBERATION:
Commissioner Nevill said, “There are certainly a lot of technical concerns of fire response, fencing, and water can be addressed with appropriate conditions and cooperative agreements. What they can’t address is the massive size of the proposal and how it could change the character of the Sunnyslope area. What it may come down to whether or not it is too drastic of a change to the area. When you talk about 5,000 folks out there for concerts, that is 5 times the City of Marsing. He thinks it is too massive a change and can’t support it.”

Commissioner Villafana said it would be an amazing venue. It’s exciting to think of something cool like that being in Idaho. We do have one amphitheater currently: the Idaho Center. He compared what this would look like as compared to the Gorge. The Gorge is out of the way and in a big agricultural area; not a lot of people out there. If the landowners want to put in a cidery or u-pick farm, he is not opposed to any of that. He looks at the number of vehicles that would be leaving this place; it does become only one lane as soon as you go up the hill and head east to Nampa. How would you get on Karcher if there were constantly 2000 cars coming? He loves the idea but can’t support it in that location. He believes it would completely change the character of the area.

Commissioner Sheets said he is looking at the standards of evaluation. He read through the conditional use permit allowed uses and whether it is an allowed use. He said gravitas of this request is the 5000-seat venue. He agrees with staff that there are ways it is consistent and inconsistent with the Comprehensive Plan. He believes it will be injurious to the area because of the nature of the uses now in the Sunnyslope area, this would be like air dropping a disco ball in the middle of a field. He loves concerts but doesn’t think big concerts in the middle of this area fits. He also believes there will be undue interference with the existing traffic patterns and the mitigation proposed is not adequate to address them. Creating conditions for an F level intersections without funding ability to make improvements in the immediate future is a problem. Essential services are mediocre at best, based upon response times. He believes those emergency services don’t exist for this level of event center. He said if there was a critical medical emergenc, you would have to call Life Flight to get out there. Fire protection, increased fire hazards due to an increase in the number of battery-powered vehicles and car wrecks; the facilities are lacking for these. He is unable to support this at this time as proposed.

Commissioner Amarel said, in a lot of way, he likes the idea. But, even if they were to do something like this and from what he has heard, the people involved would support and mange it in appropriate way, he questions the stage this sets for the future of the area. 

MOTION: Commissioner Nevill moved to deny CASE CU2022-0034 with staff being directed to modify 4, 7 and 8 including the Findings of Facts, Conclusions of Law and Conditions of Approval. Motion seconded by Commissioner Villafana. Roll call vote: 5 in favor 0 opposed, motion passed.