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Minutes - 2007 - City Council - 05/08/2007 - Regular EAGLE CITY COUNCIL Minutes May 8, 2007 PRE-COUNCIL AGENDA: 6:30 n.m. - 7:30 n.m. I. Eagle Chamber of Commerce - Downtown Feasibility Committee Findings Presentation: Mayor introduces the issue. Kevin Blankmeir, in 2006 the Chamber of Commerce formed the Economic Development Study Group with 15 members. We conducted 4 public meetings and we compiled a lot of information and came to a consensus of what the public wants and this is what we are presenting to you tonight. Jason Pierce, provides Council an overview of the work that was done by the Economic Development Study Group. Displays a power point presentation and discusses the same. Gary Blaylock, talks about the history of downtown. Mark Butler, talks about height. We have proposed new ordinance language for you to consider. We did a mailing to 9,000 people in the impact area. Discusses the Ordinance language. The height that we are proposing would just be in the downtown area that is proposed. Continues with the Power Point Presentation and discusses the same. Discussion on the Resolutions and ordinances presented for trees and parking. Jason Pierce, continues with the Power Point presentation and discusses trees. Mark Butler continues with the Power Point Presentation and discusses the proposed Resolution pertaining to trees. Continued discussion on parking. Gary Blaylock, continues with the Power Point Presentation and discusses the revenue that could be brought in with the Urban Renewal Agency. Presentation of a video. Discussion on how to move the Resolution and Ordinance forward. General discussion. Council concurs to move forward with setting a workshop for further discussion. REGULAR COUNCIL AGENDA: 7:30 n.m. I. CALL TO ORDER: Mayor calls the meeting to order at 7:50 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: None 5. CONSENT AGENDA: · Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Page 1 K\CQUNCIL\,\1INUTES\Temporary Minutes Work AreaICC-05-8-07min,doc Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. · Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of April 17,2007. C. Minutes of April 30, 2007. D. Re-ADDointment to the Deshm Review Committee: Mayor Merrill is requesting Council confirmation of the appointment of Eric McCullough to the Design Review Committee for a three year term. (NM) E. Re-ADDointments to the Parks and Pathwavs DeveloDment Committee: Mayor Merrill is requesting Council confirmation of the re-appointment of Chuck Fergusson and Don Stockton to two year terms and Michael Hummel for a three year term. (NM) F. ODen Container Permit: OB/GYN Associates is requesting an open container permit to be used in Merrill Park on August 25, 2007 from 10:00 a.m. to 6:00 p.m. Alcohol may only be consumed within the shelter and no glass containers are allowed. (SKB) G. ODen Container Permit: Hilleri Evans and Dru Niceley are requesting an open container penn it to be used at Merrill Park on June 15,2007 from 6:00 p.m. to 10:00 p.m. Alcohol may be consumed only within the shelter and no glass containers are allowed. (SKB) H. ODen Container Permit: Eagle Rodeo Inc. is requesting an open container permit to be used at Eagle Road & State Street (behind Rocky Mountain Fitness) on June 7, 8, 9th from 5:30 p.m. to midnight. Alcohol may be consumed only in designated areas approved by the Eagle Police Department and all criteria established by the Police Department shall be adhered to. (SKB) I. Request for Noise Waiver: As allowed in Eagle City Code 4-9-6(D), Eagle Rodeo Inc. is requesting a noise waiver time extension until midnight on June 7, 8 and 9, 2007 to accommodate rodeo activities. (SKB) J. License Al!:reement between American Society of ComDosers. Authors and Publishers and City of Eal!le. An agreement allowing artists to legally publicly perform copyrighted music. (SEB) K. DR-87-06 - Common Area LandscaDinl!: within BelIemeade Subdivision _ Tom Ricks: Tom Ricks, represented by Talena Dovel with The Land Group, Inc., is requesting design review approval of the common area landscaping within Bellemeade Subdivision. The 16.81-acre site is located on the east side of North Park Lane approximately 420-feet north of State Highway 44 at 312 North Park Lane. (WEV) L. DR-88-06 - Monument Sil!:n for BelIemeade Subdivision - Tom Ricks: Tom Ricks, represented by Talena Dovel with The Land Group, Inc, is requesting design review approval to construct a monument sign for Bellemeade Subdivision. The 16.81-acre site is located on the east side of North Park Lane approximately 420-feet north of State Highway 44 at 312 North Park Lane. (WEV) Page 2 K:\COUNCIL\MI!\iUTES\Temporary l\.1inutes Work Area\ff-05-8-07min.doc City Clerk: Item #5B - Minutes of April 17, 2007 are not in your packet and this item needs to be removed from the Consent Agenda. Guerber moves to approve the Consent Agenda with Item #5B removed. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................... Bastian moves to add to Unfinished Business as Item #7B - Vehicle Lease with Garden City. Guerber: we also need to add as Item #11 Executive Session for the acquisition of property. Bastian agrees to add the Executive Session to his motion. Seconded by Guerber. ALL AYES: MOTION CARRIES..................... 6. FINALPLAT: A. FPUD-I-07/FP-OI-07 & FP-02-07 - Final DeveloDment Plan and Final Plat for Mosca Seca Subdivision (Lel!:acv) No.1 & 2 - Idaho DeveloDment Services. LLC: Idaho Development Services, LLC, Represented by Stanley Consultants, is requesting final development plan and final plat approval for Mosca Seca Subdivision No. I, a 127-acre, 123-lot (92-buildable, 3 I-common) residential subdivision and Mosca Seca Subdivision No.2, a 51-acre, I 62-lot (ISO-buildable, ll-commom, I-well lot) residential subdivision. The In-acre site is located south of Floating Feather Road west of Linder Road. (WEV) This item was continued from the AprillO, 2007 meeting. Mayor introduces the issue. Bastian moves to continue FPUD-I-07/FP-OI-07 & FP-02-07 - Final Development Plan and Final Plat for Mosca Seca Subdivision (Legacy) No.1 & 2 - Idaho Development Services, LLC to the May 22, 2007 City Council meeting. Seconded by Nordstrom. ALL A YES: M()TI()N CARRIICS..................... 7. UNFINISHED BUSINESS: A. Vizcava Subdivision Water Main Oversizinl!: Reimbursement: This item was continued from the Aprill7, 2007 meeting. (DM) Mayor introduces the issue. Dave Milan: Mike Williams and I have been working with the developer and there was concern about doing over sizing and I determined that the water line serving the development need to be a ] 2" line. We discussed and came to an agreement that the City would pay for the over sizing from an 8" to a 12" and they gave an estimate of about $45,000.00. I have done an analysis and have come up with the cost of$35,000.00.General discussion. This would be paid from the STL Fees. The developer owes approximately $24,000 in STL Fees so we would credit that to him and reimburse him the difference. Vern Brewer: Discusses the Water Master Plan. Further discussion. Bastian moves to give the authority to Dave Milan to negotiate a price of approximately $35,000 for the developer to install a 12" line rather than an 8 line". Seconded by Guerber. Discussion. Bastian withdraws his motion and recommends that we take no action this evening and we give our Public Works Director to explore the possibility of the fees to be paid by STL Fees or late comer fees. Seconded concurs. Guerber moves to continue this item to the May 15,2007, City Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES.................... Page 3 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-05-8-07min.doc B. Vehicle Lease with Garden City: Dave Milan: This was my vehicle when I worked for Garden City and it has been parked since I left. Garden City would be agreeable to a lease/purchase of a GMC Envoy at $300 per month until next fiscal year and then pay Garden City the balance of $20,000 purchase price at that time. General discussion. Council concurs to have Dave do some pricing for new vehicles and bring this back to the Council for comparison. 8. PUBLIC HEARINGS: A. PP-05-07 - Chester Place (AKA CatalDa) Subdivision - West Wind Investments: West Wind Investments, LLC, represented by Penelope L. Riley with Treasure Valley Engineers, is requesting approval of a preliminary plat for Chester Place (AKA Catalpa) Subdivision, a 12-lot (9 residential, 3 common) residential subdivision. The 17.90-acre site is located on the east side of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road. (WEV) Mayor introduces the issue. Mayor swears in Penelope Riley. Penelope Riley, Treasure Valley Engineers, representing the applicant, provides Council an overview of the application. Discussion on the irrigation issues. Displays overheads and discusses the application. Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the project. Staff and the Planning and Zoning have recommended approval. You will find that it complies with the one unit for two acre density. Discussion on the street trees and sidewalks. General discussion. Mayor Opens the Public Hearing Mayor swears in Joe Watt Joe Watt, 2800 N. Meridian Road, my wife and myself look forward to this subdivision as it removes the weed patch that is there now and will increase the value of my property. My concern is irrigation water to water my property. General discussion. Mayor swears in Nancy McPherson Nancy McPherson, 2700 N. Meridian Road, I'm here because my property sits adjacent to theirs. I will probably be selling my property. Discussion on irrigation and the pump house. I don't want someone trenching through my property. General discussion. Mayor swears in Dave Collister Dave Collister, 2873 West Wing Drive, our hope was to get ajoint irrigation pressure station that everyone could use. We would pay for everyone to be on the same pressurized irrigation system. We will preserve everyone's water rights. We are going to work with everyone. We can take care of the weeds, it is our hope that we turn dirt there immediately. We believe we are in complete agreement with the Planning and Zoning Commission and Ted our planner. Discussion on roads. General discussion on irrigation. Penelope Riley, we have submitted our calculation and we have not heard back from Casey. We will work with Casey to make sure this is satisfied from an Engineering perspective. Page 4 K\CDUNCILIMINUTESITemporary Minutes Work AreaICC-05-8-07mindoc Mayor Closes the Public Hearing Bastian moves to approve PP-05-07 - Chester Place (AKA Catalpa) Subdivision - West Wind Investments as presented this evening and the documents before us with all of the Site Specific Conditions of Approval and the Standard Conditions of Approval with the following change to the Site Specific Conditions: Page 14 of 17, #14: bottom line says "trees shall be placed" and I would like to add: "at 50 -75 foot intervals at the front of each lot generally at each side property line and the drive aisles, etc.; the sentence following "the trees shalI be located" I would like to strike the words "in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and curb" and say "the trees shall be located between 8' and the maximum distance of 20' from the edge of the roadway as recommended by the Arborist in collaboration with the developer"; Site Specific #15 strike "Chester Place" and insert "Catalpa Subdivision"; Site Specific #25 strike "existing" and replace with "proposed pump house"; a new Site Specific #26: prior to signature on the final plat an irrigation delivery system must be designed that protects the water rights of existing users. Seconded by Guerber. Discussion. ALL A YES: MOTION CARRIES...... B RZ-13-06 MOD - Modification to DeveloDment Al!:reement - (Anl!:ler's Hamlet Subdivision). Rovlance Investments. LLC: Dave Roylance, representing Roylance Investments, LLC, is requesting a modification to the development agreement of Conditions of Development # 2.6 to reduce the front yard setback to fifteen feet (15') for the living space of the residence and maintain the setback for the garage at twenty feet (20') for Angler's Hamlet Subdivision. (WEV) Mayor introduces the issue. Dave Roylance, representing the applicant, I apologize for not making our intentions clear. Discussion on a change to the footprint. General discussion. Zoning Administrator: This application will also be reviewed by Design Review and we can look at the fencing issues. Mayor opens the Public Hearing Mayor closes the Public Hearing Bastian moves RZ-13-06 MOD - Modification to Development Agreement _ (Angler's Hamlet Subdivision), Roylance Investments, LLC and in that modification that we insert on Page 1 "the living set back shall be as follows: living space 15' so the front would be 20', living IS', rear 3', and side 5'; add Site Specific Condition #31 on Page 33 of 39: #31 would read "generalIy all fencing on the property line along open space shall be open style fencing." Seconded by Guerber. ALL AYES: MOTION CARRIES................. Mayor calls a recess at 9:30 p.m. Mayor reconvenes at 9:45 p.m. Guerber: I have not had sufficient time to review Item #9A so I'm requesting that we proceed to Item #9B. 9. NEW BUSINESS: B. 200700047-Conditional Use Permit for an Indoor Commercial Ridinl!: Arena _ Carol Swil!:: Carol Swig, represented by Robert Moss with Morton Buildings, Inc., is requesting the approval of a conditional use permit to construct an l8,500-square foot (approximate) indoor commercial riding arena. The 10.9-acre site is located approximately 986-feet north Beacon Light Road at 3500 and 3530 North Linder Road. This site is located in the Eagle Area of Page 5 K\COUNCILIMINUTES\Temporary !\linutes Work Area\CC.05-8-07min.doc Impact. (WEV) Mayor introduces the issue. Jim Desmond, representing the applicant, distributes a written copy of his presentation, displays overheads and provides Council an overview. Zoning Administrator Vaughan: This is an Ada County Transmittal. Provides Council with an overview of the staff report and the site conditions of approval. General discussion. Gary Brown, California, my wife Linda and I own Beacon Light Ranch with our daughter Linda. Commercial facility should not be located next to a residential area but should be located in the foothills. Beacon Light Ranch is a horse facility and we board 25 horses. It is our hope that your recommendation to Ada County is to deny this application. Discussion on hours at the facility and the obstruction of their view. General Council discussion. Bastian move to deny 200700047-Conditional Use Permit for an Indoor Commercial Riding Arena based upon the fact that it violates Staff recommendations and if the County ignores the denial request of the City that we request the County to apply the Site Conditions of Approval of the City and that the location of the arena be moved in conformance with those conditions, however, the City recommends that the drive way and parking lot not be paved and that it be gravel and treated in such a way that the dust would not be a problem with the neighbors. Seconded by Bandy. Discussion. Bastian: I would modify the motion to change Staff Recommendation to Eagle City Code. Second concurs. ALL A YES: MOTION CARRIES.............. A. Draft Annexation Al!:reement between the City of Eal!:le and Idaho State Parks and Recreation: (NM) Mayor introduces the issue and provides the Council an overview of the agreement. Discussion on Law Enforcement in the Park. Bastian moves to direct legal council to represent us in this agreement and negotiate an agreement that would include the changes that are in the document before us and authorize the Mayor to sign the agreement. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... C. Addendum to LandscaDe Maintenance Contract: (DM) Mayor introduces the issue. Dave Milan: This addendum is to cover the costs of the additional half full time person for doing Guerber Park. This includes benefits. General discussion. Nordstrom moves to approve the Addendum to the Landscape Maintenance Contract in the amount of $16,704.00 with Trautman Lawn and Landscape. Seconded by Guerber. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................. .. 10. REPORTS: Public Works Director: Discussion on the Parks and Pathway Master Plan and the Request for Qualifications received. General discussion. We have ordered the surveillance cameras and they should be installed by the time of the Field of Honor. Page 6 K:ICOUNCIL\MINUTES\Temporary Minutes Work Area\CC-O.'i-8-07min.doc I met with Veledrome folks and it is proceedings along. We are planning on having the Veledrome to install the sewer line and we found out that it has to be annexed into the Eagle Sewer Di strict. We had a second tripping incident at the Library, so I have instructed Mike Echeita to get a hold of Acorn to grind the rough areas down. We are also working on the book drops. City Engineer Report: No Report Zoning Administrator's Report: Discussion on the Floating Feather road alignment. City Attorney Report: Discussion on the meeting with Jim Kiser with River's End. The testimony has been filed with the PUC. Weare working on a lot of land use matters. I will be out of town for the next meeting and the last meeting in June. City Clerk/Treasurer Report: No report Mayor and Council's Report: Nordstrom: No report Guerber: Thank you for being there for the dedication of Guerber Park. Reports on the Field of Honor. The Cable Company is going to the primary sponsor. Discussion on the right-in and right-out on the bypass with lTD. Years ago I brought to the City information on directional signage. I am going to resurrect that design concept. The Historical Preservation Committee is going to meet this week and they are going to come in and ask for a full time position to do records and inventory. I think we need to look for another location for the museum. Jason Pierce is looking at the Kings shopping center. Discussion on the Veledrome. They are ready to build trails. We are going to have three major bicycle races in the City this summer. Discussion on the Land Boards decision on accretion land set backs. Bastian: No report Bandy: I won't be at the Council meeting next week. Mayor: Dana said they caught the kid doing the graffiti. I talked to some kids and told them about a $500 reward and the next day the caught the kid. General discussion. I met with Mayor Evans the other day and they are paving their pathway to meet our pathway. General discussion. Sharon and I met with Hawkins-Smith the first of the week on the expansion. Full expansion would be approximately 8,000 sq.ft. which would cost about $110 per sq.ft. This would be mostly for office space. Discussion on department administrators for each department and department heads under the administrator of the department. I think one of the positions that we need for the city is a P.R. person which could do personal relations, communications, and events. II. Executive Session: Guerber moves to go into Executive Session for the discussion of acquisition of private property and pending litigation. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... Council goes into Executive Session at II :30 p.m. Council discusses acquisition of private property and pending litigation. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-8-07min.doc Council leaves Executive Session at 12:30 a.m. 12. ADJOURNMENT: Nordstrom moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:30 a.m. Respectfully submitted: ~1~{;~E~~~~ CITY CLERK/TREASURER ....11.11"", ~ ,., E'" Ot" -40 '" ,L<{ .......... (.~ '" f ,'.- ..V' -:, v.. dVOR",7'.. ~ .. .. or .f$' . ~ : .u .~. : . :~ : . * . ....... . ; .: L -. . :. ".1 ':. -."4: SEA ~..o ~ . 0. t.~.. ~ d\......~lipol\,,~.. ...~ " ". ...... <'\ r '" "11'<:: Of \ y ...... "I, c.; ,... '.,.......", A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 8 K\COUNCILIJ...lINUTESlTemporary Minutes Work Area\CC-05-8-07min doc CITY OF EAGLE 660 E. Civic Lane, P.O. Box 1520, Eagle, ID 83616 Phone #: (208) 939-6813 Fax #: (208) 939-6827 MEMORANDUM TO: Nancy Merrill FROM: Dave SUBJECT: Vehicle Lease DATE: May 8, 2007 I talked with Bob Ruhl at Garden City, and they are receptive to a lease/purchase of the GMC Envoy at $300 per month until the next fiscal year and then pay to Garden City the balance of the $20,000 purchase price at that time. The Envoy was purchased new for $26,000 through the state piggy -back purchase plan. It has 10,000 miles on the odometer and Garden City has no plans for putting it in use. I believe it is a very good price for the quality of vehicle and will also continue our spirit of cooperation between our two cities. NAME g/CLVe J lL 170-1 (ct"_q-C-T. j\,1,c) . ll 4-144,0 A 11((-5 / ct3c-oGSO if I 50e C JA -'S ZgOo (k-eR,4.vrl\v .. cD a (nc - I ti l `a .e ?CO , 1 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET PP -05-07 - Chester Place (AKA Catalpa) Subdivision — West Wind Investments May 8, 2007 7:30 p.m. ADDRESS/ TESTIFY TELEPHONE YES/NO? PRO/CON Page 1 of 11 '\COUNCIL\AGFNDA\CCSIGNIJP. WPD EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET RZ-13-06 MOD — Modification to Development Agreement — (Angler's Hamlet Subdivision(. Rovlance Investments. LLC May 8, 2007 7:30 a.m. NAME ADDRESS/ TELEPHONE Page 1 of H ICOUNCILWGENDA\CCSIGNUP.WPD TESTIFY YES/NO? PRO/CON w •� City of Eagle Planning and Zoning Dept. 310 East State Eagle, Idaho 83616 To Whom It May Concern 712 E. FaiMew AYe. Mme. Idaho 8342 Ph?Fax 208 888-8400 Concerning the irrigation for the Swig Horse Stables, 3500 N. Linder Road the following is observed. The point of diversion for the irrigation water comes from the Dry Creek Canal which is located 215 fleet more or less South of the Northeast comer of the property and on the East boundary of the property. Orignally, farm water from this diversion point flowed to the south and to the north of this point on the canal and the original field irrigated from East to West. The present owner now diverts all of the water to the North to avoid any conflict with the property to the South. The ditch flows naturally to the North parallel to the canal, thence West to the next field, thence South along the top of said field and continues South to deliver water to three five acre parcels this North/South ditch and North Linder Road. This alignment of the ditch follows the natural contours of the land and allows irrigation from the present ditches. These ditches are concrete limed and show evidence of having been in place for several seasons of irrigation Abandoning the flow to the South from the diversion point leaves a section of ground 185 feet wide and a natural location for the proposed indoor arena. Between the proposed arena and the property boundary, the owner has constructed a berm with grass and planted trees as an amenity for the property to the South. It appears that any change to the existing irrigation layout would disrupt to a considerable degree the layout and planning for the this facility. Thank you, Jin Moyer Aleyki ation Designer James R. McNeff 3482 N. Linder Road Eagle, ID 83616 April 27, 2007 To Whom It May Concern: I am aware of and support the proposed Commercial Riding Arena which my neighbor Carol Swig has applied to build at her property on North Linder Road. I am also aware that the Eagle Planning and Zoning Commission recommended a special condition be placed on the application which would require Carol to pave the road into the property as well as the parking area. I am opposed to that special condition. I am a user of the road in question and it is adequate for the current and proposed future use with out the unnecessary expense of paving. My use of the road involves moving farm equipment into and out of my property and a paved surface on the road would not hold up as well under my use as the graveled surface does. Dust is not a problem on the road now and I don't believe it will be in the future as the result of the vehicles traveling to the arena. If dust should become a problem or issue in the future, I am certain that Carol will resolve the dust problem in a way that does not require paving. Sincerely, Jan 15 00 03:49a .Idaho -4 „ iriosure21. April 20, 2007 To Whin It May Concern, I have leen requested by Carol Swig to express my opinion concerning the safety of using *halt as a surface for a parking arca at an equine facility. My comments are based ofrr lifelong exposure to the equine industry and five years experience as an equine veterinran specializing in lameness and surgery. In my elxperience asphalt presents several safety concerns to horses and riders. When loading and unloading horses, asphalt can provide insufficient traction which can lead to injuries if a horse was to slip. This problem is made worse in wet or icy weather. Probab y the most important safety concern is the increased potential for severe !lead injuries to riders in the event of a fall on asphalt. In my opinion it is not safe to ride on asphalt though this can be Difficult to enforce at a public tiding facility. Please Feel free to contact me with any questions. S nc ;erely I � Peter N4 Knna DVM Dip1c i4 uE=- Amerei n College of Veterinary Surgeons 1 16080 lltluiiit, Driv,v G Nampa, ididlho • 7 (20S) 466-4613 c Fax (208) 466-7859 p.2 Page 1 of 1 Subj: horse info Date: 4/23/2007 3:24:42 P.M. Mountain Daylight Time From: scottj@uidaho edu To. ocnrcdir@aol.com Jim Here are a couple of links. You have to do a lot of reading to find what you are after. http://www.fund4horses.org/info.php?id=333 http://www.ca.uky.edu/agc/pubs/4af/4af05ma/4af05ma.htm I hope this will be of some help. There just really isn't much out there, especially in the area of scientific research on the subject. Most horse injuries in regards to hauling them around occur during loading/unloading. Any surface that increases the possibility of slipping during the loading/unloading process can potentially lead to injury of either the horse or the handler or both. Most recommendations are that horses are loaded/unloaded on flat, level, dirt surfaces. Scott Scott Jensen Owyhee County Extension -Livestock & Range PO Box 400 Marsing, ID 83639 (208) 896-4104 (208) 896-4105 FAX scottj@uidaho.edu Monday. April 23. 2007 AOL: OCNRCDIR Digi al lobe Pointer 43'42'55:151iti"11-024'37t95" W elov:•2541/4 Image ©2o07'Dlfil1Glbe E6LE nI%00:1 1111111111 Sulua.eaa)St+9Z.: APP M ,.00'80,62. saibolougoajedoin3 .00 Boise Saddle and Jump Club, Inc. P. 0. Box 339 Eagle, Idaho 83616 tel (208) 939-5256 fax (208) 9394697 BSI C_ Club(ti!msn.com www.boisesaddleandjumpelub.com December 31, 3(X1(1 10 Ada County Planning and Zoning Commission: This letter is provided in support of the application of Carol Swig (Owner) and Morton Buildings, Inc. (Applicant) for a conditional use permit to allow construction of a commercial riding arena and related improvements in the vicinity of Linder and Beacon Light. The Boise Saddle and Jump Club, Inc. is an Idaho non-profit corporation founded in 1966 to support thc English style of riding in the area. The club pursues this by sponsoring chiucs, organizing horse shows, writing a newsletter fur hunter -jumper enthusiasts, and providing a forum where members can learn new issues and advancements in thc training and care of hunter -jumpers. The Club membership is approaching 100 riders. The Club does not own any facilities of its own and is dependent upon commercial facilities to host its events. For most of its existence, the Club used the l lighlands Stables facilincs at thc Simplot 1.state on Bogus Basin Road in Boise. When the Sirplots moved from the l?state and made a donation of much of that land to the State of Idaho, the indoor arena at Highlands Stables became unavailable to us. Residential development in the arca has narrowed the availability of suitable facilities and has reduced land available for these kinds of improvements Locating affordable arena space fur winter use has become a tremendous challenge to the Club The covered arena at Expo Idaho has recently been dedicated in winter months to motocross, making n unavailable for periodic Club use during inclement weather. The Fixpo Idaho covered arena is not fully enclosed, ntakutg tt less than ideal for the coldest antes of the year. The indoor arena at the Heritage Park I.quint. Center (fu nterly Eamon (:minty Fairgrounds) is dimensioned for a roping arena, not a hunter juniper arena, although we have utilized it in a pinch. (.1 roping arena is more narrow than a jumping arena, so it is impossible for us to properl) set a complete course of fences for a hunter jumper competition). The arena in (:aldwcll is also too expensive for the Club to use frequently. The indoor arena at rhc Horse Park ai the Idaho (:enter in Nampa is gencralh unavailable dunng winter months, as it is used by BS1 for indoor track events When it is available, though, it is cost -prohibitive for our Club. There is a cover -all adjacent to the indoor arena Page - 2 at the Horst Park, but it a too small for our events. It is also open at the ends, which docs not provide protection from the winter elements ( lthcr public indoor arenas in the valle\ are in remote locations, pour condition and/or the footing is not suitable for our disctpluu•. 1 here are a handful of indoor arenas in the Eagle Star area open solely to residents of the subdiyisuni where the arena is located, boarders of the facility where the arena is located, fm- with rwith limited availability to non boarders or non -homeowners, including Bacon light Stable, which is adjacent to the subject project. 1 lowever, these arenas are also too small to accommodate the Club's events 1'he proposed project would be suitable for the discipline of hunter jumper riding and would provide the Club and other English-nding enthusiasts with a much needed venue for our sport I am not intimately familiar '\uh the application, but it appears that it satisfies rcyutrements fur the granting of a condinonal use permit: 1. '(he proposed use is not detrimental to the public health, safety, or welfare, R. "i'he proposed use shall not create undue adverse impacts on surrounding propernes; (. The proposed use is consistent with the applicable comprehensive plan; 1) 1 -he proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in the county ordinances; proposed use complies with all applicable counry ordinances, I The proposed use complies a ttii All applicable state and federal regulations; (�- The proposed use and facilities shall nor impede the normal development of surrounding property, and 11. Adequate public and private facilities such as utilities, landscaping, parking spaces, arid traffic circulation measures arc, or shall be, pro%idcd fur the proposed use .Additionally, this project will help sans(\ a great need in this arca for an adequate vcar.round public facility for hunter -jumper enthusiasts, and I urge your apprrn al of the application. es Regards, rinune I".. Nicholas, president TABLE OF CONTENTS TESTIMONY OF GARY BROWN BEFORE CITY COUNCIL OF EAGLE IDAHO ON BEHALF OF BEACON LIGHT RANCH OWNERS MAY 8, 2007 TAB 1: Text of Gary Brown's testimony against Conditional Use Permit 200700047CU, Carol Swig, applicant for Proposed Commercial Indoor Riding Arena. TAB 2: Google Earth aerial photos of Beacon Light Ranch and Swig Properties. Photo of Beacon Light Ranch House. TAB 3: Photos of view from second story of the residence garage and future art studio Rich and Karyn Felix's home. Architectural Renderings of views eliminated by Swig's proposed facilities. TAB 4: Photo of Carol Swig's Residence. TAB 5: Letter to Mayor Nancy Merrill dated November 27, 2006 Gary and Linda Brown & Rich and Karyn Felix, Co -Owners Beacon Light Ranch 4454 W. Beacon Light Ranch Eagle, ID 83616 Phone: 208-939-1034 May 8, 2007 Re: Testimony of Gary Brown against Conditional Use Permit 200700047 -CU, Carol Swig applicant for Proposed Commercial Indoor Riding Arena. Good evening, my name is Gary Brown of 524 River Rd., Coloma, California. My wife, Linda and I own Beacon Light Ranch at 4454 W. Beacon Light Road in partnership with our daughter and son-in-law, Karyn and Rich Felix. Our property is contiguous and due south of the applicant's property. Beacon Light Ranch is Rich and Karyn's home and business. The home is where they intend to raise their daughters. I've come a long way to speak to you this evening and I sincerely thank you for allowing me this opportunity to provide you with the collective position of our family regarding Ms. Swig's proposed Commercial Indoor Arena and Equestrian Facility. If her conditional use permit is approved, she intends to build this HUGE FACILITY directly behind Rich and Karyn's home. We are horse people, and as such, we are excited about the growth of equestrian activities and facilities in the Eagle area and Treasure Valley like those proposed by Ms. Swig. However, commercial facilities of this magnitude should not be allowed in a residential area. Look where the Idaho Center is located! Is it in a neighborhood like ours? No. Facilities such as this one should be located in the foothills where Eagle has planned for them to be so that they will not adversely impact neighbors. This would be consistent with your vision for Eagle, as articulated by Mayor Merrill during my meeting with her on November 16, 2006. (PHOTO #1 AERIAL VIEW) Beacon Light Ranch is situated on six acres. It is a horse boarding business with the horse facilities located at the front of the property along West Beacon Light Road with the residence in the rear, north end, of the property. We board 25 horses for 15 patrons. In addition to our boarding stalls, our facilities include a hay barn, recreation room for our boarders, grooming area and wash rack, two round pens, and both a small indoor and outdoor arena for the use of our boarders, a trainer and our family. We tightly restrict the number of outside patrons (non -boarders) in the use of our facilities. All of our facilities and the home were constructed prior to the applicant's purchase of the adjoining properties. This Google Earth photo is dated; therefore we drew in the home. It is our sincere hope that your recommendation to Ada County will be to deny this conditional use permit. Our opposition to this application is due to the numerous adverse impacts to our property as well as to the neighboring properties. Specific reasons for denial are as follows: A. This facility, as planned, would eliminate a basic right of property ownership which is "quiet enjoyment". Our quiet enjoyment would be eliminated by the noise from loud speakers, loud voices, dust, lighting, and traffic from up to 120 daily users associated with the operation of this facility seven days a week, from 7 a.m. to 11 p.m., as described in the application. Eagle City Council May 8, 2007 Page 2 The proposed facility would ruin our views of the foothills to the north and most of the mountain views to the northwest from the home and the second story intended art studio over the garage. The 2nd floor studio of the garage has nice large windows to enjoy the foothill views. The top of those windows measure 17 feet from the ground. (PHOTO #2 & 3 WINDOW VIEWS FROM SECOND STORY ART STUDIO) B. Our beautiful panoramic views would be replaced by that of a HUGE facility 36 feet tall! This would be akin to a strip mall being built just 128 feet from our home! Please carefully examine these photos and the following proportioned to scale, accurate rendering to realize the obvious, undue negative impact to our property. (ARCHITECTURAL RENDERING, ITEM #4) Before and After Views C. Ms. Swig's proposed facility will also create a substantial and incurable, adverse economic impact on our property. I am referring to economic obsolescence, which is caused by a negative neighborhood condition that is always incurable by the neighbors once it is in place. Our property value will also be significantly lowered. No one can reasonably argue that the same view lot and home in a rural setting would bring the same price as that of an identical lot and home just 128' from such an ENORMOUS STRUCTURE! Phase one's 18,500 square foot commercial structure, would grow to 366 feet long and 27,000 square feet if phase two is allowed and completed. While our primary concerns are our inherent rights to "Quite Enjoyment and Quality of Life", we cannot ignore the obvious, adverse economic impacts of Ms. Swig's project. Those impacts will, in fact, become the major factor in the event our plans to hold the property long term change, which they most definitely will if Ms. Swig's proposal is approved! If approved, her facility would obviously ruin our intended lifestyle and the appeal of the property for us. (PHOTO #5 SWIG RESIDENCES) D. Ms. Swig's facility will impede the normal development of surrounding properties because no one will want to have a beautiful custom home near a commercial facility of this magnitude. For example, a home like Ms. Swig's personal residence, which is located in northwest Eagle nowhere near her proposed facility. Please also note that Ms. Swig's custom home has unobstructed hilltop panoramic views of the valley. She too obviously appreciates nice views. In addition to the above mentioned adverse impacts the proposed project should also be denied in its entirety because it does not meet with the City of Eagle's new Comprehensive Plan. It is my understanding the staff recommendation for approval with conditions was, as required, based on existing code and the existing comprehensive plan. My question now is why would city council recommend approval of a conditional use permit that will allow a facility to be built that is inconsistent with your current vision for Eagle's future? Eagle City Council May 8, 2007 Page 3 A more important question is why would this City Council recommend approval of this application at all because of the numerous "undue adverse impacts it will create for surrounding properties"? Mayor Merrill, I hope you recall how relieved I was when you, Mr. Vaughan, and Mr. Vanegas each told me that the City of Eagle's recommendation to Ada County would be to deny this application in its entirety. Your positions were based on the facts that this commercial facility, if allowed, would create obvious, and substantial negative impacts on neighboring properties. It would also be a non -conforming use, inconsistent with the zoning set forth in your new Comprehensive Plan. The assurances I received from each of you during that meeting were reiterated in my letters of appreciation to you dated November 27, 2006. (Please see enclosed copy of that letter.) To my surprise, Eagle City Staff has now recommended that the facility be situated at least 300 feet from any residence not belonging to the applicant. 300 feet is simply not far enough as evidenced by the complaints we ourselves have heard from our neighbor, Julia Dupuis. Julia, who is Ms. Swig's best friend and business partner, has personally complained about our indoor arena activities. Our indoor arena is more that 300 feet from her home and it is less than % the size of the one that Ms. Swig is proposing and, we do not have a loud speaker system! We initially attempted to arrive at an amicable solution with Ms. Swig and her builder. We proposed alternative locations for this structure on the applicant's two parcels. These proposals were made to her builder (with a copy to Ms. Swig) and both the City of Eagle and Ada County Staffs. We were unsuccessful in engaging in such dialog with the applicant or her builder. Ms. Swig actually instructed her builder not to have any further discussions with us after the obligatory neighborhood meeting, in which he agreed to meet with Rich and Karyn to discuss alternate locations and mitigation. Perhaps it was just as well because after further evaluation of the proposed facility, we have came to the realization that this enormous facility placed elsewhere on either of the applicant's two parcels, of approximately five acres each, is completely unreasonable and unacceptable. Anything that would partially mitigate the adverse impacts on us would wrongfully shift these very same adverse impacts to one of our neighbors! It is our sincere belief that the applicant's land parcels are neither large enough, nor in the appropriate location, to contain a commercial facility of this magnitude. We further believe that neighboring property owners will suffer substantial negative impacts if Ms. Swig's facility is approved. Regardless of Ms. Swig's social or economic status, the zoning codes and required findings that must stand the test of reasonableness must apply to everyone alike. We are asking you to deny this application and protect the rural residential lifestyle we bought into that was, and still remains, consistent with your vision for Eagle. In closing, I sincerely thank you for your consideration and invite each of you to visit our property. I will now be happy to answer any questions you may have. Respectfully Submi Gary Brown rim IMIXIXNAZ telii--Gf4/4".1114111/ZWEllin I qg • r 14 *fir Pit ,. 10.0 . . �: 33j gibr4pLfg103 � l L 1 v 'Gary & Linda Brown P4 Box 539 Coloma, CA 95613 Phone: 530-621-3471, Fax: 530-621-2253 Email: GPA-GMAQinternet49.com Ms. Nancy Merrill, Mayor City of Eagle 660 E. Civic Lane, PO Box 1520 Eagle, Idaho 83618 November 25, 2006 Re: Ms. Carol Swig's Proposed Eauestrian Facility at 3500 Linder Road Dear Ms. Merrill: First, I sincerely thank you for the time and information you shared with me during our meeting November 16th. On behalf of our family and myself', I want you to know how greatly we appreciate the fact that the city of Eagle will recommend that Ada County deny Ms. Swig's proposed development. We sincerely hope that the County follows your recommendation based on the facts that her planned equestrian center is a non -conforming use, inconsistent with the zoning set forth in your Comprehensive Plan and it also would create a very undue, negative impact on the quiet enjoyment of our home and greatly reduce our property value. �' We will certainly breathe easier knowing there will not be a massive 27,000 square foot, indoor arena and 20+ stall, horse barn located on the five acre parcel directly behind our property. The planned location presented at the neighborhood meeting is just 70 to 100 feet from our home. We agree with you that this huge commercial equestrian facility should be developed in the area the City of Eagle has planned for such commercial equestrian facilities in the foothills. On Friday, November 17th I took the enclosed photos of our home and two-story garage and art studio. The top of the windows of the art studio above the garage are seventeen feet high with a beautiful view of the foothills that would be completely blocked by the 210 foot back wall of the proposed indoor arena that is designed at 27 feet tall. I also enclosed photos of the work on the project that is already underway with no permit whatsoever. I have prepared a more detailed letter with additional photos for Mr. Vanegas and Mr. Vaughan's information that will also be sent to ADA County Planning and Zoning Department to further support our request that Ms. Swig's proposed development be denied. In closing, I thank you again for your time, courtesy and recommendations during my visit. Kin . - st Regards Gary : rown CC: Messrs: Ted Venegas and William E. Vaughan City of Eagle and Bruce Wall, Planning Department Ada County 1 NEel©M' ej.le ! Mane cAigla& SZLKE -41