CALDWELL, Idaho — This article originally appeared in the Idaho Press.
A project featuring a 5,000-seat outdoor amphitheater, cidery, U-pick orchards and other amenities will not be coming to Caldwell’s Sunnyslope region.
The proposed project would have been located on land owned by the Symms Fruit Ranch, southeast of the intersection of Lowell Road and Sunnyslope Road. The applicant, E.W. Real Estate — which also operates Mountain Winery in the San Francisco Bay area — sought approval for a conditional use permit that would have allowed it to operate an “Agritourism Oriented Special Events Facility” in an area zoned for agriculture.
Canyon County Board of Commissioners Chairman Brad Holton and Commissioner Zach Brooks voted against approving the proposed project on Wednesday morning, following hours of public hearing testimony Tuesday afternoon and Wednesday. Commissioner Leslie Van Beek recused herself from the proceedings, citing a meeting she had attended in the summer of 2022 that discussed the proposed project.
The case was first brought before the county’s planning and zoning commission on Dec. 1, 2022, as previously reported. County staff at the time recommended approval of the project, but the planning and zoning commission unanimously denied it, citing concerns such as how the project could affect the character of the area and traffic.
Similarly, people testifying Tuesday afternoon and Wednesday morning expressed concern about concert noise, congestion and how well the venue would fit in with the area’s agriculture.
The board’s decision to deny the applicant’s appeal and uphold the planning and zoning commission’s denial still leaves an option to move forward for the applicant. It can file a request for reconsideration with the board of commissioners, citing one or more things that it found deficient in the commissioners’ consideration of the case. The commissioners could choose to reconsider the case, but if they do not respond, the applicant can take the case to Idaho’s courts.
TESTIMONY
Testimony ahead of the decision was overwhelmingly in opposition to the project, though some commented on how the project would change the area for the better.
Some people said that the greater threat to the Sunnyslope region is the construction of houses instead of an event space.
“Quite frankly, from my growing up on a farm, we don’t want to see any more houses there, but maybe a beautiful performing arts venue,” said Rheanna Allen, an adjunct professor of marketing at Boise State University, who said the applicant approached her about learning more about the proposal.
Some people who gave testimony in the neutral and against category said that the project would be better suited to areas where emergency services were more readily accessible.
“Concept of this is absolutely beautiful,” said Gregg Alger, owner of Huston Vineyards. “The concept of what it can do for our communities is right on page to tie into our agriculture and strengthen our agriculture. The unfortunate thing is it needs to be placed … within city limits to support this kind of a project.”
Those who testified in the “against” category included many residents near to the project area, who felt that the venue would exacerbate traffic congestion along Highway 55, as well as arterials. Some said they were concerned that their animals, including horses and ducks, would not adjust to noise levels from the proposed 60 or more concerts that would occur during the venue’s proposed April-October busy season. Others questioned the ability of emergency services to respond in a timely fashion, both to needs at the venue or in surrounding areas during peak traffic times.
Deborah Nelson, an attorney for the applicant, provided the applicant’s rebuttal on Wednesday morning. She said that the venue would plan to have EMT services on site, and it would be rare that someone would actually need transport to a hospital.
Sound would be limited to 85 decibels as measured at the property line and volume would be regulated by governors from the sound board, she said. And a traffic study from the Idaho Transportation Department found that Highway 55 has capacity to accommodate venue traffic, even before planned improvements. Still, she said the applicant would agree to creating a traffic management plan that would direct traffic leaving the venue and could include setting up temporary barricades to dissuade cars from taking local roads when exiting, she said.
Nelson said the Symms family’s aim is to protect agricultural land.
“They’re trying to find a way to support theirs and other agricultural operations through direct retail sales, and by attracting a customer base for their other operations.”
COMMISSIONERS UPHOLD PLANNING AND ZONING’S DECISION
In December, the county’s planning and zoning commission had found that the project did not comply with three main criteria for approving the conditional use permit: whether the project would be “injurious” to other property in the immediate vicinity, if there would be undue interference with existing or future traffic patterns, and whether essential services would be provided to accommodate the site’s use.
Similarly, Holton and Brooks saw sticking points for all three.
Brooks said, “I have not been persuaded that this would not be injurious.”
The two commissioners agreed that the highway conditions do not seem adequate for the use, citing testimony from a member of the Caldwell Rural Fire Department and a statement from the Canyon County Sheriff’s Office saying that it could be difficult to respond to accidents and adequately staff the area during events.
The sound produced by the venue also gave the commissioners pause.
Holton also said he was reluctant to approve the application in light of other conditional use permit requests for the area that had received far greater restrictions on their use of amplified sound.
He also said his experience in contracting made him concerned that the sound measurements in the sound study conducted by the applicant “do not rise to the level that would allow this commissioner to be persuaded.”
Further, Holton said the acoustics of the area would be different after dark, and he would want an audio test that would better reflect the conditions during a concert — sound levels at 85 decibels with peaks that don’t exist longer than 60 seconds.
“I have enough engineering in my being to understand how that is a lot of wiggle room, and that this commissioner would not want to be a neighbor to that venue,” he said.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
Watch more Local News:
See the latest news from around the Treasure Valley and the Gem State in our YouTube playlist:
HERE ARE MORE WAYS TO GET NEWS FROM KTVB:
Download the KTVB News Mobile App
Apple iOS: Click here to download
Google Play: Click here to download
Watch news reports for FREE on YouTube: KTVB YouTube channel
Stream Live for FREE on ROKU: Add the channel from the ROKU store or by searching 'KTVB'.
Stream Live for FREE on FIRE TV: Search ‘KTVB’ and click ‘Get’ to download.
