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HomeMy WebLinkAboutAda Cty Dev. Services TransmitlPHONE (208) 287-7900 FAX (208) 287-7909 ADA COUNTY DEVELOPMENT SERVICES 200 W. FRONT, BOISE, IDAHO 83702-7300 [ BUILDD~G · ENGINEERING · PLANNING · ZONING ] DATE: April 4, 2002 TO: A~a Count~ Utilities X ~ngineer X Qwest -- --Song R~nge Planning United Water Co, --Pa~ks Dept./Donna ~riffin Cambridge Telephone Co. Solid Waste M~mt./Dave Neal X A~a Co~n~ Highway District Other A~encies BOiSe Public Works/Ivan Butterfield J__Dept. of ~nvironmental Q~alit~ __X__~pt. of Water Resour=es RECEIVED APR - 9 2002 Ctt'F of Meridian CitF Clerk Offlee Kuna Fire District Northwest Pipeline Clover~le-Columbia Neighborhood A~sn. Lieutenant Raine~ - Ada CO. Sheriff'e Dept. I~o /~%cohol BeVerage Control Tim Breuer - ~dge to Rivers Coordinator FROM: Mark A. Perfect, Planner RE: 02-04-A(X-REF. 01-37-CU/01-23-MSP/01-9$-AC) NICOLEBROWN The Board of Ada County Commissioners will hold a public hearing on May 8, 2002, beginning at 6:00 p.m. in the Commissioners Main Hearing Room # 1147, on the first floor, 200 W. Front Street, Boise, ID, on the following application: 02-04-A (X-REF. 01-37-CU/01-23-MSP/01-9~-AC) NICOLE BROWN: An Appeal of File 01-37- CU/01-23-MSP/01-95-AC, because the Conditions of Approval lack a specific condition regarding the frequency of social gathering events and Condition of Approval #11 does not address the procedures for enforcing the noise level standard of 65 dBA at any property line. The property contains 59.88 acres and is located at 7355 S. Eagle Road, on the west side of S. Eagle Road, approximately 0. 5 miles south of the intersection of Lake Hazel and S. Eagle Roads, Meridian, ID; Section 5, T. 2N., R. 1E. Ada County welcomes any comments you may have on this application. Please submit your comments on agency letterhead, by April 19, 2002. Make specific reference to the file number noted above. If you do not respond, Ada County shall consider you as having no comments on this application. ATTACHMENTS: 1. Appeal Application 2. Applicant' s Stat~ent 3. Site Plan 4. Vicinity Map Appeal " p.1 SUBMITTALS: ]- ~ Detailed letter by the appe ant or the appellam's agent. Describe the decision being appealed. 2. ~ Document~ttion that the appellant is an =affected person", ie.. one havina an interest in real proper~d t a ma? be adversely affected by the decision being appealed. 3 [] Sappor! material. Literalures. studies, maps, display graphics, etc. hn support ol'the appeal. 4. [] Proper fee. GENERAL INFORMATION: ] am appealing a dec s on of the (circle one): Director Dare of the v,~'inen decision that is being appealed: ~ -- J'Y'- O,-~ SITE INFORMATION: Location: Quarter: ~ ~ Section: 0 ~ Subdivision Name: .A/.~ S t ^dd es : 73.5.5 5, T~ PaFce Number(s)' ~ /~0 ~/3/~ O~e OWNER: Name: Address: City: State: __._ Zip: _ Telephone: Fax: consent to lhis appl cation and allow Development Seas, ices staff to enter the property for site inspemions relaled to this application. Township: Lot: Block: Arsa of Ciw Impact: _ ,~r~. c~ Zoning: J~ /~ APPLICANT: Telephone: ~_y- 77f~ ~: ~' ~ Z- ~ ~ ~Z t ce~iN ~s information is cowect to the best ofm~ k ~owled~e Signature (Owner) Date Signatm'e: (Applicant) Date Build , g Permit'? (~' 'O F~¢: "% ~: :',: J March 26, 2002 Ada County Commissioners Ada County Development Services 200 W. Front Street Boise, ID 83702 Dear Commissioners, We are appealing in part the decision of the Planning and Zoning Commission of March 14, 2002 regarding the approval of conditions designed to mitigate the adverse impact of the Conditional Use Permit approved for South Eagle Proper[les (01-37-CU) for a social hall. We are "affected persons" as defined by Idaho Statute (Title 67-6521) as we all have an interest in real proper~y which may be adversely affected by the issuance of this permit (please see attached documentation of properly ownership in the immediate area of the South Eagle Properties location). In order to approve this permit, the Commission must meet the required finding that "The proposed use shall not create undue adverse impacts on surrounding properties." The commission established conditions of approval to mitigate the adverse impact of disturbance to surrounding residential property owners, which included limiting hours of operation to 8 am - 9 pm or sunset whichever is earlier, number of patrons to 350 and noise level of 65 dBA at any property line. However, there are two issues that were not adequately addressed to mitigate adverse impacts. Event Frequency There was discussion to establish limits on the frequency of events to be held so that surrounding homeowners would not be subject to large gatherings seven days per week as proposed in the application. However, this type of condition was not included in the final motion that was approved by the Commission. In a discussion following the hearing, Madam Chairwoman of the Commission and Commissioner Story recommended that we utilize the appeal process to seek a condition that limits the frequency of events of the Bogus Creek Social Hall as a very reasonable request to mitigate adverse impacts to the use of our property. We would like to propose the following conditions be added to the Conditional Use Permit: · Social Hall operations be allowed only during the period of May 1 to October 1. RECEIVED · Social Hall operations not be conducted on Sunday to a ow neighboring residents one day with assurance they can enjoy private family activities without having to compete with large gatherings of people. · Social Hall events be limited to a maximum of two per month on Friday or Saturday, and one per week on Monday through Thursday. These conditions would allow Bogus Creek to conduct six commercial operations per month five months of the year, while providing surrounding property owners time for the private enjoyment of their property dudng times that are typically spent with family members in their yards. Noise Level Enforcement The Commission established the noise level of 65 dBA at the property line as a condition to mitigate noise disturbance. Although we are very supportive of having an objective measurement of noise level, and do not wish to appeal the specific limit of that condition, we would like to request that a procedure be defined for the enforcement of the condition. Inquiries we have made to Development Services have indicated that there are no specific procedures to define what is required for a valid complaint (i.e., are sound meter readings required, and if so, who must provide those readings, etc.). Wfthout an effective, practical enforcement procedure, this condition does not serve the purpose intended by the Commission. In addition, the procedure itself should not place significant burden on neighboring citizens, or it in itself becomes an adverse impact. Thank you for your consideration of these matters. Ted and Patty Hagle¢ Craig and Nicole Brown Joe and Elis~bet Amuchastegui Frank and Sue Shoemaker James R. A. Baugh Social Hall operations not be conducted on Sunday to allow neighboring residents one day with assurance they can enjoy private family activities without having to compete with large gatherings of people. Social Hall events be limited to a maximum of two per month on Friday or Saturday, and one per week on Monday through Thursday. These conditions would allow Bogus Creek to conduct six commercial operations per month five months of the year, while providing surrounding property owners time for the private enjoyment of their property during ~mes that are typical)y spent with family members in their yards. Noise Level Enforcement The Commission established the noise level of 65 dBA at the property line as a condition to mitigate noise disturbance. Although we are very supportive of having an objective measurement of noise level, and do not wish to appeal the specific limit of that condition, we would like to request that a procedure be defined for the enforcement of the condition. Inquiries we have made to Development Services have indicated that there are no specific procedures to define what is required for a valid compJaint (i.e., are sound meter readings required, and if so, who must provide those readings, otc.). Without an effective, practical enforcement procedure, this condition does not serve ~[he purpose intended by the Commission. In addition, the procedure itself should not place significant burden on neighboring citizens, or it in itself becomes an adverse impact. Thank you for your consideration of these matters. Sincerely, Ted and Patty Hagler Craig and Nicole Brown Donald J. and Kathi Brebeck-Baumgartner Documentation of Property Ownership Ted and Patty Hagler 7200 S. Locust Grove Rd. Meridian, ID 83642 208-887-6559 Owners of 41 acres bordering South Eagle Properties on the West. Craig and Nicole Brown 7524 S. Locust Grove Rd. Meridian, ID 83642 208-884-4942 Owners of 16 acres approximately ¼ mile Southwest of South Eagle Properties. James R.A. Baugh 1022 Crestwood Drive Meridian, ID 83642 208-363-3784 Owner of 37 acres approximately 200 feet Southwest of South Eagle Properties (adjacent to Hagler property in Laredo Estates Subdivision). Joe and Elisabet Amuchastegui 7865 S. Gearhard Ln. Meridian, ID 83642 208-887-3904 Owners of 10 acres approximately ¼ mile South of South Eagle Properties. Frank and Sue Shoemaker 7885 Shoemaker Ln. Meridian, ID 83642 208-888-7499 Owners of 10 acres approximately ¼ mile South of South Eagle Properties. Donald J. Baumgartner Kathi Brobeck-Baumgartner 2310 E. Lake Hazel Rd. Meridian, ID 83642 208-322-7575 ext 6068 Owners of two properties in the area: 6. 10 acres approximately ½ mile North of South Eagle Properties. 7. Lot #7, Vantage Point Subdivision located directly across Eagle Road East of South Eagle Properties. VICINITY MAP 1000 0 1000 2000 Feet ADA COUNTY DEVELOPIVIENT SERVICES , 200 W Front Street Boise 1D 83702 (208)287-7900 Areas of City Impact Stre~s City Limits Zoning Rivers, Canals, Etc. Airport influence Areas This map is made from data copyrighted by Ada County. Ada County shall not be liable for inaccuracies or misuse of this map. Maps beanng this disclaimer may be photocopied freely. However, use in any digital form requires the written permission of Ada County.