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Kim Cardona - 8.291 C.Jay Coles From:Sonya Allen Sent:Tuesday, August 29, 2017 2:47 PM To:Kim Cardona Cc:'Andrea Carroll'; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject:RE: written statement on behalf of "Protect Meridian" Attachments:PZ Opposition Testimony 09072017.docx; Document of Impacted Neighborhood_ 8-27-2017.pdf Kim, Thank you for your email, it will be included in the public record as testimony on this project. Sincerely, Sonya Allen | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533|Direct: 208-489-0578|Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Kim Cardona [mailto:kimcardona@comcast.net] Sent: Tuesday, August 29, 2017 2:06 PM To: Sonya Allen Cc: 'Andrea Carroll'; kimcardona@comcast.net Subject: written statement on behalf of "Protect Meridian" Dear Sonya Allen, Please consider the attached testimony and supporting documentation in opposition of the WinCo development on behalf of the citizens represented by Andrea D. Carroll, Carroll Law PLLC. I live directly behind a WinCo in Salem, OR. The business practices of WinCo are negatively impacting the health and well-being of the bordering neighborhood, limit the ability to enjoy our property, and has significantly diminished the value of our property. WinCo is literally making us sick. Respectfully, Kim Kim Cardona 1345 Glacier View St. SE Salem, OR 97317 2 (503) 779-4503 kimcardona@comcast.net CITIZENS FOR A HEALTHY AND SAFE NEIGHBORHOOD TESTIMONY IN OPPOSITION TO H-2017-0088 Page 1 TO: City of Meridian, Planning & Zoning Commission FROM: Kimberly J. Cardona, Private Citizen RE: Testimony in Opposition to Linder Village (H-2017-0088) DATE: August 29, 2017 The following testimony submitted is on behalf of a group of citizens informally organized under the name “Protect Meridian” represented by Andrea D. Carroll, Carroll Law PLLCl. I am a member of a group of citizens known as “Citizens for a Healthy and Safe Neighborhood” that informally organized in Salem, OR to clean-up the Lancaster Marketplace and reduce the intense noise from WinCo deliveries. We respectfully request the City of Meridian consider the testimony presented regarding an existing neighborhood that is currently in close proximity to a high-volume WinCo and move to deny the applicant’s permits. I. Background In 2006 the City of Salem, OR permitted the construction of a new subdivision that borders the loading docks of the Lancaster Marketplace with only a chain link fence and the delivery alley to separate the properties. The Lancaster Marketplace is anchored by a ShopKo and a WinCo (formerly known as Waremart); and other businesses that lease their spaces from NAI Elliott. The original Waremart was built in 1996. (See attached document) It appears from public records that the builder was unable to sell a majority of the homes which eventually became rentals. The home next door located between both loading docks was one of the first homes purchased and was purposely flooded by plugging all of the faucets--which resulted in the growth of extreme black mold. The home was said to have been vacant for seven years. My home was vacant for a year prior to my purchase. The builders’ homes were once again put on the market in and sold during from 2016-2017. I unknowingly purchased my home and moved in on April 6, 2017. The neighborhood seemed calm and quiet each time I visited the neighborhood during the contracting period in February 2017. There was no disclosure of noise and all of the neighbors were new to the neighborhood by weeks and months of each other with the exception of a couple of original homeowners that are also now putting their homes for sale, and a renter that has been there since the homes were built. There was no way to know that it would be this horrible without being on or near the property after 10 PM because WinCo delivers night during the hours designated as quiet from 10 PM to 7AM of the following day by the Salem Revised Code Chapters 51 and 93. II. Continuous Night Delivery Noise TESTIMONY IN OPPOSITION TO H-2017-0088 Page 2 The first night I was awakened by the sounds of semi’s rumbling through the delivery alley and relentlessly releasing the air from the brakes around 11:30 PM. My wall and the floor beneath me were shaking as I sprang out bed to see what was going on. When I looked out my grandson’s bedroom window I could see busy loading docks with semi’s coming and going. Lights blinking, beeping, air being released from the brakes, loud refrigerator units blasting, idling engines, pallet jacks, and loud talking. What was all of this? WinCo does not deliver during the day. Deliveries begin slowly sometimes as early as 6:30 PM and then intensify during the night. WinCo trucks arrive about every two hours to exchange the refrigerated trailers. WinCo accepts deliveries from venders 24 hours a day. The dairy truck is the worst as it must be extra cold, as well as the beer trucks; and they idle during the entire two- hour delivery (65-75dB). The sound and vibrations make you nauseous and dizzy. Venders have a variety of types delivery vehicles and trailers that far exceed the noises produced by the WinCo semis and they do not seem to notice or care there are homes a few feet away. Residents are unable to leave their windows open during times of heavy deliveries because of the intense noise and strong diesel exhaust fumes. Many of the homes do not have air conditioning and we have to choose between reducing the noise and improving air quality or being cool during hot spells in the summer. Sounds as recorded and documented from my grandson’s bedroom in violation of the afore mentioned codes include but are not limited to:  WinCo’s refrigeration system cycle between 58dB and ramps up to 73dB  Semis in alley (70-90dB)  Refrigeration Trailers o Plug in (58dB) o Plug in/over-ride to make colder (65-70dB) and shakes the house o Old style cycles through a chugging tractor-like sound from 58-60dB to a very loud, nauseating, bone-rattling (70-75dB) that shakes the house  Idling (60-75dB)  Sudden release of air from dynamic breaking (60-90dB)  Sudden use of Aural warning devices from the back-up systems (60-90dB)  Hoisting (70-100dB)  Sudden, random and frequent driving over the steel plate (80-100dB)  Other sudden audible sounds such as: o Crushing from the compacter (60-90dB) o Loud talking, radios, dispatch o Slamming of doors, carts, racks, hand trucks o In-store forklifts and sound systems o Etc. TESTIMONY IN OPPOSITION TO H-2017-0088 Page 3 The occupants of the homes highlighted in the attached document all report similar livability issues. III. Lancaster Marketplace Traffic Congestion Rickey Drive is the only entrance and exit to the Lancaster Marketplace. The front of the center has a high volume of patrons and traffic in the front of the store. The patrons go through the alley to avoid the congestion. This further increases the noise and traffic in the delivery alley. The delivery alley has one entrance/exit on Rickey Drive and semis either turn around in dock area or drive through the alley and exit through the shopping center. Rickey Drive experiences frequent accidents as the result of locations of the entrance/exits which are directly across from the entrance/exit to a strip mall of eating establishments and the high volume of traffic. An accident in February took out four lengths of the chain link fence around the adjoining retention pond leaving a gaping hole for vagrants to set up camp and is an attractive nuisance to the youth attending the middle school located across the street from the pond. There is a considerable amount of traffic through the alley that is not related to the deliveries. Other semis use the parking lot as a truck stop near homes on the side of the center bordering highway 22 on the South side in close proximity to homes that border from East. The semis take up patron parking and increase the noise and traffic flow through the alley. The cars and semis both speed through the alley and drive over the broken steel plate directly behind my home. The sound carries for several blocks. Delivery semis park anywhere, including the fire lane in front of hydrants, as the three dock spaces are generally already filled with 4-6 semis. To make additional space semi’s stacked and/or double parked along the wall and in the nook between WinCo and Shopko. I have counted as many as 9 vendors in that small area. During peak delivery times semis slide between each other. I have seen some of the larger 40’ semis become wedged between the wall and our fence line. WinCo is clearly using the space beyond its approved activity usage. III. Negative Impact on Physiological and Psychological Health My grandson has not slept in his room since the first few nights in April 2017 as this is not a suitable space for a four-year-old to sleep as his room is parallel to the South loading dock. The delivery alley is along the fence-line about 25’ away. My room is downwind of the North docks. I often sleep in the family room as my bedroom vibrates, buzzes, rattles and is far too loud. My daughters room is more tolerable but still unacceptable. TESTIMONY IN OPPOSITION TO H-2017-0088 Page 4 I recently went for a regular eye appointment and my blood pressure was 177 over 105. My medical doctor deemed the high blood pressure as situational and elevated from the noise, as it came down after I was removed from the intense noise. The doctor was very concerned about the ongoing and chronic sleep deprivation and noted my story in my files. The deplorable living conditions and lack of the necessary sleep our bodies need is impacting our daily ability to function in the workplace and I have seen changes in my grandson’s sense of well- being as he is irritable, anxious and seeks more affection. He entered his bedroom a week ago while I was recording WinCo and he placed his stuffed animal friends in a clear plastic container so that they would not hear the trucks and they could sleep. This is a clear indicator that he is expressing that the noises are impacting his ability to sleep. The WHO organization and the American Cancer Society report: 1. Diesel exhaust is a carcinogen and may cause any number of cancers and respiratory conditions. Fumes can also cause heart disease or attack. 2. Low frequencies and even sounds that are not audible, can be harmful due to the vibrations. Vibrations can cause bone breakage, accidents, psychological disturbances, high blood pressure, heart attack, and cancer. 3. Sudden loud and random noises such as the delivery noises, interrupt sleep patterns, can lead to hearing loss, and have profound psychological and physiological effects on the human body: Periodicity and Duration: Impulse noise is more harmful than continuous because it bypass the natural protective reaction, the damping-out of the ossicles mediated by the facial nerve. Loud noise may result in temporary decrease in the sensitivity of hearing and tinnitus, but repeated exposure may cause these temporary conditions to become permanent. 4. On-going sleep deprivation is dangerous, impairs the ability to function, and can lead to heart-attack and even death. WinCo’s business practices are making the very patron’s they serve—SICK! IV. Negative Impact on Property Values All homes were sold at a loss from the original asking or purchase price. The dollar per square foot is lower than the average in Salem, OR. (See attached document.) V. Efforts to Resolve the Issues TESTIMONY IN OPPOSITION TO H-2017-0088 Page 5 The renters on my street stated they made numerous complaints to the two different property management agencies and were threatened to stop making any complaints or trouble. The property management companies never advocated for their renters. Renters and homeowner’s complaints were ignored by WinCo and the police. They gave up and moved or rented out their homes to others who also moved….and so on. Summary of efforts:  After the first few nights in my home I began to call WinCo sometimes twice a night, as well as several calls to the police non-emergency line where I received very dismissive treatment.  I began to talk to the neighbors and learned they were also making calls to the police and telling WinCo staff it was too loud.  I attempted to contact the store manager “Dusty” but was unsuccessful. I made several in-person appearances in the store with neighbors to request they be more quiet.  Regarding the additional semis and campers overnight- I called the towing number listed on the sign for vehicles parked in fire lanes and the campers but was hung up on. A few weeks ago, I noticed the center security person sleeping in his car in the lot where all the semis and vagrants camp. As I approached him he sprung out of his car and stated he was doing his paperwork. When I asked him about all the vehicles and vagrants he told me that he didn’t have the authority to do anything about them because the stores would not prosecute. So next I approached the store staff and Managers. I was told they were only tenants and not responsible for what happens in the parking lot.  I organized the neighbors and submitted complaints to the City of Salem, Commercial Noise, Brady Rogers. Mr. Rogers came out at 9:30 PM in late June before deliveries stared at WinCo and did a decibel reading of 58-60dB.  Next, I contacted Jeffery Mack, Deputy Fire Marshall, regarding all of the semis that regularly park in the fire lane and provided him with pictures and a video.  Then we contacted the Ward 3, City Council Representative, Brad Nanke. He came out on 7/7/2017 and listened very intently to all of the issues from several adjacent properties that back up to WinCo. Brand Nanke took us seriously and began to work on the issues.  Additionally, the Salem City Manager, Steve Powers, in my home for the National Night Out on August 1, 2017 and briefed him on the issues.  Recently, the Fire Chief, Fire Marshall, Brad Nanke and Brady Rogers toured WinCo and then took decibel readings at various time over the course of a several days. Brady Rogers will be meeting with WinCo and their attorneys in early September.  I began to document the events on a fb page and YouTube: YouTube Channel: Stop Winco Noise (Video documentaries): https://www.youtube.com/channel/UCcvlB67E8sB1JAFuNwUjVSQ a. Nuisance Property: https://www.youtube.com/watch?v=VmRUZF8Qjwo TESTIMONY IN OPPOSITION TO H-2017-0088 Page 6 b. Shopping Carts: https://www.youtube.com/watch?v=Vf9KIxVtt20&t=10s c. Retention Pond: Attractive Nuisance: https://www.youtube.com/watch?v=Jq5SxiVDyMY Facebook Community Page: Stop WinCo Noise (Daily documentation, videos, pictures): https://www.facebook.com/search/top/?q=stop%20winco%20noise VI. Conclusion We agree with the conclusions presented by Andrea D. Carroll, Carroll Law PLLCl. We also ask that you consider carefully the required findings for each permit. As demonstrated in the above testimony, a high-volume commercial retail development is an incompatible neighbor for the established residential neighborhoods in the surrounding area. The all-night freight activity and deliveries should not be placed adjacent to any residential development. Additionally, the placement of this development along Chinden will make an existing public safety issue much worse. Please vote to recommend denial and protect Meridian residents from this commercial development that is too big and too noisy for the proposed location. In 2006 the City of Salem permitted homes to be built bordering the Lancaster Marketplace, directly behind the center’s loading docks without any sound mitigation. Many of the homes were never sold and became rentals. In 2016-2017 the rental homes were sold without disclosure. New homeowners are faced with extreme noise from WinCo’s nighttime deliveries, crime, as well as vagrants in lot and in an adjoining retention pond. Other semi’s use lot as a truck stop which attracts prostitution and drugs. City of Salem noise and other ordinances have not been enforced. South Mill District, Ward 3 Protecting the property rights, health and well- being of the neighborhood. Kim Cardona Citizens for a Healthy and Safe Neighborhood Stop Winco Noise Stop Winco Noise Documentaries South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments The homes most impacted by WinCo are highlighted in the satellite picture to the left and in this table below. The livability issues are inter-connected and systemic. They are perpetuated by an overall lack of awareness, attention and coordination by the Lancaster Marketplace owners, tenants, and property management to assess or address its impact on the bordering neighborhood. The Police and Security Company are unable to permanently address issues of trespass due to lack of authority, apathy from the businesses, and lack of employee empowerment. WinCo is the most culpable for noise, the volume of trash and rogue shopping carts (video) throughout the neighborhood as they are unsecured and unmarked with the required warnings per the City of Salem Revised Code. Title 4: Health and Sanitation • Chapter 47- Solid Waste Management • Chapter 50- Property Maintenance • Chapter 51- Event Sound Permits (Commercial Noise- permissible dB table) Title 8: Offenses • Chapter 93- Noise (Non-emergency Police) • Chapter 95-Misc. • Chapter 98- Public Nuisance Property Documentary videos: 1. Video Complaint Broad overview sent to City of Salem (Code violations are cited) 2. Video Complaint re Homeless living in pond area adjacent to property sent to City of Salem (Code violations are cited) 3. Video complaint Safety concerns over excessive WinCo deliveries and use of fire lane sent to Jeffery Mack, Deputy Fire Marshall 4. Video complaint Brief overview of concerns sent to Brad Nanke, Ward 3 City Council Representative A longer more in-depth documentary is in progress with more detailed examples. View daily documentation: Community FB page: Citizens for a Healthy and Safe Neighborhood Community FB page: Stop Winco Noise YouTube Channel: Stop Winco Noise Documentaries South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1275 Alpine Lakes St. SE 7/3/12 $175,000 Sold foreclosed 7/3/2012. Backs up to pond. Vagrants, trash, smell of pond, overgrown vegetation, pond fence down, shopping carts. Noise from Houck. 1285 Alpine Lakes St. SE 10/17/16 $229,900 Unable to determine if builder ever sold-was a rental. Backs up to pond. Vagrants, trash, smell of pond, overgrown vegetation, pond fence down, shopping carts. Noise from Houck. 4363 Siskyou Ave. SE 8/32/07 12/17/16 $230,00 $225,000 Sold at a loss. Backs up to pond. Vagrants, trash, smell of pond, overgrown vegetation, pond fence down, shopping carts. Noise from Houck. 4353 Siskyou Ave. SE 9/19/16 $259,900 Unable to determine if builder ever sold--Was a rental. Backs up to pond. 4343 Siskyou Ave. SE 5/22/07 $266,250 Original owners. Was listed and removed in 2010. Backs up to pond. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 4333 Siskyou Ave. SE 7/16/07 $274,500 Original owners. Backs up to pond. Can hear the compacter exchange and other vehicle related noises from the alley. 4323 Siskyou Ave. SE 12/12/06 $271,461 For Sale Original owners. Currently for sale. Asking $279, 900. Backs up to pond. Vagrants regularly camp directly behind property. Can hear compacter exchange and other vehicle related noises from alley. (See highlighted satellite picture) 4313 Siskyou Ave. SE (Correct picture in box) 5/18/17 $240,000 VACANT- abandoned Unable to determine if builder ever sold-was a rental with Willamette Valley Leasing. Purchased 5/18/17. Owners moved in and moved back out. Trying to get out of the purchase. Backs up to pond and alley with Shopko and WinCo loading docks. Vagrants regularly camp directly behind property and have been found in back yard while vacant. Semis and Vehicles regularly park in the fire lane next to the side fence. Heavy trash in alley near fence and shopping carts. Venders park every morning from about 3:00 am – 8:30 am daily in the nook area and on the fire lane. Experience the noise of heavy traffic from the alley entrance/exit. There is a second steel plate by the fire hydrant behind home. View of WinCo junk. Can hear compacter exchange. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1301 Glacier View St. SE 1/4/17 $238,500 Moving Unable to determine if builder ever sold--was a rental. The owners moved in and moved back out. Current occupants are friends of owner that work shifts and are only there for the duration of building their home. Property backs up to WinCo and Shopko loading docks. Venders park every morning from about 3:00 am – 8:30 am daily in the nook area and on the fire lane along the fence. Experience heavy traffic at the entrance/exit of the alley. There is a second steel plate by the fire hydrant behind home. Trash and carts, view of WinCo junk. Can hear compacter exchange. Submitted complaints to police. 1305 Glacier View St. SE 6/14/15 2/21/17 $195,000 $267,500 Moving Sold foreclosed 8/6/15 and purchased 8/14/15 for $165,000 and sold again 2/21/17. Currently a rental. Occupants have a newborn and are moving. Backs up to WinCo loading docks. Venders park nearby from 3:30 am to 8:30 am daily. Flashing lights into home. Trash. Noise from vehicles and semis passing through alley. Can hear both metal plates and compacter exchange. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1315 Glacier View St. SE 2/7/07 9/19/16 $298,175 $230,000 Sold at a loss. Was the model home. Listed as rental 3/13/12. Property backs up to WinCo loading docks. Venders park nearby from 3:30 am to 8:30 am daily and enter through side door shining lights into home. Noise from delivery vehicles that idle in alley behind property and flash lights. Vehicles and semis pass through alley. Can hear both metal plates and compacter exchange. Submitted complaints to Brady Rogers and police. Dogs are sensitive to proximity of the drivers and the various delivery sounds. Unable to let dogs out in back at night. Young children in the home. 1325 Glacier View St. SE (Additional pictures of damage on link) 5/3/07 12/12/11 4/3/12 $259,900 $142,200 $98,000 Tenants speak a variety of Asian languages and work for Sushikyo. A tenant named “Angela” speaks some English. Sold at a loss. Home was vacant for reportedly seven years. Home is between both WinCo loading docks. The property was purposely flooded by plugging up the sinks and tubs and letting water run. The home was consumed with black mold and was sold 4/3/2012 for $98,000. This home probably has the most intense noise of all. The home backs up directory to WinCo loading dock, compacter, broken steel plate and Lights that shine into rooms from Sportsman’s Warehouse, and WinCo delivery vehicles. Horrendous noise all night and the store cooling systems day and night. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1345 Glacier View St. SE 4/4/17 $243,500 Kim Cardona (503)779-4503 kimcardona@c omcast.net Founder: Citizens for a Healthy and Safe Neighborhood And Stop WinCo Noise Documentaries Unable to determine if builder ever sold. One of first homes built in subdivision. Was a rental and vacant for a year prior to current purchase. Chet Graham was the listing agent- no disclosures. Multiple trips to doctor related to sleep deprivation and increased blood pressure of 177 over 110. Dr. called it situational high blood pressure and is concerned about prolonged sleep deprivation and lack of quality sleep. Four-year- old Grandson complains of stomach aches and says ears hurt. Young grandson is unable to sleep in his bedroom do to extreme noise and fumes. He is unable play in room or backyard when home. Home backs up directory to WinCo loading dock, compacter, broken steel plate and Lights shine into rooms from Sportsman’s Warehouse, and WinCo delivery vehicles. Trucks are within a few feet of fence in front of fire hydrant. Horrendous noise all night from deliveries. The store cooling systems cycles from about 54dB to a sustained 68dB on average day and night (not including delivery noise). Measurements are from inside grandson bedroom on second floor. The noise from some refrigeration trailers vibrates and shakes the house. Semi’s release their air, flash lights, and idle for hours and sometimes the duration of the delivery up to two hours. A vender delivers every Saturday and Sunday morning for 2 hours at 70dB average. Venders idle, beep, flash lights, and park in fire lanes all night long. The trash compacter exchange takes place directly behind bedroom window for 40 minutes of idling, hydraulics at 85-90 dB from anywhere between 2:00 am and 6:30 am daily. Smells of diesel fumes and rancid cooking oil from chicken. Vagrants meander behind the alley, South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments urinate, camp out and steal unsecured carts. Excessive trash in thicket behind home, weeds entering through arborvitae, and bees / hornets /wasps from WinCo side. Submitted complaints to City of Salem Commercial Noise, Brady Rogers; Councilman Brad Nanke, Deputy Fire Marshall Jeff Mack; City Manager, Steve Powers; Code Enforcement, WinCo, Advance Security; called towing; organized neighborhood and started community forums. Daily surveillance and documentation collected from neighborhood on FB pages linked in this document. 1365 Glacier View St. SE 12/27/06 $227,701 Ray Ortiz Linda Ortiz Lydia Ortiz (503) 559-7081 Planning to move Owner did not live there-Rental. Residents have lived here for ten years. They report the noise became unbearable in 2012 after WinCo completed some type of renovation to the refrigeration system. I have not confirmed this as a fact. Tenants shared they cope by using anxiety medication, sleeping pills, ear plugs and sleep during the day. Reported balance and speech issues, respiratory issues, increased blood pressure and heart attack. An elderly mother also resides there. Backs up to Sportsman’s Warehouse and broken steel plate. Delivery trucks park directly behind fence as there is no fire line. Heavy alley traffic noise from center cooling systems and deliveries, and the compacter exchange. Diesel exhaust fumes and rancid oil from chicken. Lights from Sportsman’s Warehouse shine into home. Customers pick up purchases directly behind fence. Submitted complaints to Brady Rogers, City of Salem Commercial Noise; police, property management, and WinCo 1385 Glacier View St. SE 10/17/16 $229,900 Unable to determine if builder ever sold-was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries and air/cooling systems, steel plate, and compacter exchange. Submitted complaints to Brady Rogers, City of Salem Commercial Noise. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1407 Glacier View St. SE 5/15/17 $252,000 Unable to determine if builder ever sold--was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries, seal plate and compacter exchange. Trash behind homes and overgrown vegetation. 1417 Glacier View St. SE 12/19/16 $227,000 Unable to determine if builder ever sold-was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries, seal plate and compacter exchange. Trash behind homes and overgrown vegetation. 1427 Glacier View St. SE 4/26/17 $250,000 Unable to determine if builder ever sold--was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries, seal plate and compacter exchange. Trash behind homes and overgrown vegetation. 1437 Glacier View St. SE 7/19/16 $234,900 Unable to determine if builder ever sold--was a rental. Elderly woman resides here. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries, seal plate and compacter exchange. Trash behind homes and overgrown vegetation. Dumpster Divers in Dollar Tree trash. 1447 Glacier View St. SE 4/6/17 $247,000 Unable to determine if builder ever sold--was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries, seal plate and compacter exchange. Trash behind homes and overgrown vegetation. Dumpster Divers in Dollar Tree trash. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1457 Glacier View St. SE 11/13/16 $235,000 Unable to determine if builder ever sold--was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries. Trash behind homes and overgrown vegetation. Dumpster Divers in Dollar Tree trash. 1467 Glacier View St. SE 11/18/16 $234,900 Unable to determine if builder ever sold--was a rental. Backs up to Sportsman’s Warehouse. Heavy traffic through alley. Noise from store deliveries. Trash behind homes and overgrown vegetation. Dumpster Divers in Dollar Tree trash. 1479-1481 Gifford St. SE 4/29/16 $380,000 VACANT Unable to determine if builder ever sold--was a rental. Occupants of 1479 are moved out. 1487 Gifford St. SE 5/5/17 $245,000 Unable to determine if builder ever sold--was a rental. 1497 Gifford St. SE 1/6/17 $246,800 Unable to determine if builder ever sold--was a rental. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 4341 Wildcherrry Ct. SE 11/18/16 $242,900 Unable to determine if builder ever sold--was a rental. 4337 Wildcherry Ct. SE 8/27/07 10/12/16 $244,900 $238,900 MOVING Sold at a loss. New owner does not reside. Currently a rental and occupants are planning to move. Property Management claimed it was very quiet. In the court behind Dollar Tree and Bingo. Extensive population of vagrants living out of cars and behind the shrubs. Semi’s use lot as a truck stop all day and night. Prostitution, drug deals, skateboarders. Endless shopping carts at entrance to court, garbage litter. WinCo Trucks and venders turn around in the parking lot by Dollar Tree docks. Noise from heavy traffic through alley and Bingo parlor. Endless discarded carts at entrance to cul-de-sac—often filled with trash. Dumpster divers frequent unsecured Dollar Tree trash. Noise from hwy 22. Vehicles that park in the center lot parking spaces that border this property can see into the home and headlights shine in at night. Homeless frequently park there. Small children cannot play in yard for safety reasons and noise. Renters have called the police almost daily regarding vagrants overnight behind fence. Officer Bennett provided a direct number to his cell phone. 4332 Wildcherry Ct. SE 12/1/16 $242,000 A variety of people coming and going. RVs. Owner never seems to be there. Unable to determine if builder ever sold--was a rental. Court behind Dollar Tree and Bingo. Extensive population of vagrants living out of cars and behind the shrubs. Semi’s use lot as a truck stop all day and night. Prostitution, drug deals, skateboarders. Endless shopping carts at entrance to court, garbage litter. Noise from heavy traffic through alley and Bingo parlor. Dumpster divers in Dollar Tree trash. Noise from hwy 22. Called police almost daily regarding vagrants. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 4342 Wildcherry Ct. SE 4/7/17 $253,000 Unable to determine if builder ever sold-- was a rental. Court behind Dollar Tree and Bingo. Extensive population of vagrants living out of cars and behind the shrubs. Semi’s use lot as a truck stop all day and night. Prostitution, drug deals, skateboarders. Endless shopping carts at entrance to court, garbage litter. Noise from heavy traffic through alley and Bingo parlor. Dumpster divers in Dollar Tree trash. Shopping carts. Noise from hwy 22. Called police several times. 4346 Wildcherry Ct. SE 6/9/17 $255,000 Unable to determine if builder ever sold-. Was a rental with Willamette Valley? Court behind Dollar Tree and Bingo. Noise from hwy 22. Shopping carts. 4340 Benham Ave. SE (listings removed) 11/30/16 $254,900 Unable to determine if builder ever sold-. Was a rental 1438 Glacier View St. SE 7/7/07 $258,900 Original owners. 1428 Glacier View St. SE 1/20/17 $237,500 Builder never sold. Was a rental. Chet Graham listing agent. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1418 Glacier View St. SE 11/30/16 $242,900 Unable to determine if builder ever sold-Was a rental. Chet Graham listing agent. 1396 Glacier View St. SE 11/28/16 $237,900 Unable to determine if builder ever sold-Was a rental. Chet Graham listing agent. 1382 Glacier View St. SE 11/16/16 $242,900 Unable to determine if builder ever sold-Was a rental. Chet Graham listing agent. 1364 Glacier View St. SE ? 8/9/17 ? $264,000 VACANT Original owner moved out in 2010. Was a rental since 2010. Noise from center air cooling system, steel plate and compacter exchange. Sold at a loss. Original owner put $20,000 into home prior to sell and the original selling prices of the home was over $280,000. 1346 Glacier View St. SE 6/20/07 4/10/17 $267,500 $253,000 Sold at a loss. Noise from center air cooling system, steel plate and compacter exchange. Can hear the WinCo trailers/store air cooling system. South Mill District Ward 3, Subdivision built in 2006-2007 Picture Address Date(s) Sold Purchased Price(s) Current Resident/ Owner Comments 1328 Glacier View St. SE 12/29/16 $235,000 Unable to determine if builder ever sold-Was a rental. Currently a rental. Noise from steal plate and compacter exchange. Can hear the WinCo trailers/store air cooling system. 4334 Siskyou Ave. SE 12/9/16 $245,000 Unable to determine if builder ever sold--was a rental for Willamette Valley Leasing. Occupants can hear the center air cooling system, the steal plate, and compacter exchange. 4344 Siskyou Ave. SE 8/31/07 5/19/10 $244,900 $202,000 Sold at a loss. Delisted 9/15/15. Rental. Tenants stated the lights from the center shine in the rooms upstairs and they can hear the trucks, refrigeration, steel plates, and the exchange of the compacter. 4354-4356 Siskyou Ave SE 7/25/16 $380,000 Unable to determine if builder ever sold-rental. South Mill District Ward 3, Subdivision built in 2006-2007 Lancaster Marketplace located at 1120-1264 Lancaster Dr SE Salem, OR 97317 is comprised of three main property owners: ShopKo, WinCo and the remaining businesses lease from NAI Elliott. It is common knowledge that this is the busiest WinCo in Salem due to population growth in this area and affordability for low income families. WinCo has outgrown the retail space and the dock area is insufficient to meet the delivery needs. Employees have stated WinCo intends to expand the store into other spaces in the future. The property managed by NAI Elliott is for sale. Based on a sales report to perspective buyers, some of the store leases are now on a month-to-month in the section between WinCo and Sportsman’s Warehouse, but the Sportsman’s Warehouse lease is up in 2020. There is great concern in our neighborhood that WinCo should not be permitted to expand operations any further and the current operations be scaled back along with noise mitigation. The sales report to perspective buyers states: • WinCo Foods is the primary grocery anchor of Lancaster Marketplace. WinCo Foods is a regional grocery chain headquartered in Boise, Idaho with 90 stores located in 7 western states with 14,000 employees. WinCo has competed successfully in the lower-priced grocery marketed for over 40 years. The WinCo Foods store is approximately 82,000 square feet and is open 24 hours per day. WinCo Foods owns its building and parking field and the property is not part of this offering. • Accessibility: Access to the property is only available via Rickey Street SE. • Traffic Count: Lancaster Drive SE & Rickey Street SE - 30,120 daily • Santiam Hwy SE & Lancaster Drive Exit - 56,200 daily… • Zoning: The property is zoned CR (Commercial Retail). The purpose of the CR (commercial retail) zone is to provide areas suitable for professional and general commercial offices, retail sales within a building, eating and drinking places, commercial accommodations and commercial services. The commercial retail zone is appropriate in those areas designated commercial in the applicable urban area comprehensive plan and where the location has access to a collector or arterial street • Property Sub-type: Neighborhood Center This location of WinCo Foods was built in 1992 and changed its name from Waremart in 1999. The store is open 24 hours a day, 7 days a week; only closing on part of Thanksgiving, part of Christmas Eve and all of Christmas Day. Anecdotal: Deliveries generally occur between the hours of 8:30 PM and 8:00 AM daily. South Mill District Ward 3, Subdivision built in 2006-2007 South Mill District Ward 3, Subdivision built in 2006-2007 Summary of Adverse Health Effects of Noise Pollution- excerpts: 1. Hearing Impairment: Hearing damage is related to duration and intensity of noise exposure and occurs at levels of 80 dB or greater, which is equivalent to the noise of heavy truck traffic. Children seem to be more vulnerable than adults. 2. Interference with Spoken Communication: 3. Sleep Disturbances: Uninterrupted sleep is known to be a prerequisite for good physiological and mental functioning in healthy persons 4. Cardiovascular Disturbances: A growing body of evidence suggests that noise pollution may be a risk factor for cardiovascular disease 5. Disturbances in Mental Health: Noise pollution is not believed to be a cause of mental illness, but it is assumed to accelerate and intensify the development of latent mental disorders. Noise pollution may cause or contribute to the following adverse effects: anxiety, stress, nervousness, nausea, headache, emotional instability, argumentativeness, sexual impotence, changes in mood, increase in social conflicts, neurosis, hysteria, and Page 2 of 2 psychosis. Children, the elderly, and those with underlying depression are particularly susceptible to these effects. 6. Impaired Task Performance: The effects of noise pollution on task performance have been well-studied. 7. Negative Social Behavior and Annoyance Reactions: Annoyance is defined as a feeling of displeasure associated with any agent or condition believed by an individual to adversely affect him or her. Annoyance increases significantly World Health Organization Health Effects on Children: The World Health Organization (WHO) explains the negative effects of noise pollution on children as follows: 80 dB can cause hearing damage and 1 minute of 100 dB (the sound level of a motorcycle-in our case the commercial noises produced by diesel engines, store and trailer refrigeration systems, the hoisting of the compacter, random crushing of items in compacter, back-up warning devices or beeping, driving over the steel plate, and air being released from dynamic braking system) causes damage. According to the WHO report, the noise levels as experienced from living in close proximity to the WinCo loading docks without mitigation and the continual exposure to night-time deliveries is certain to have an adverse impact on health and well-being. Physiological and Psychological effects include (WHO, p. 24, 28): Even noise at a moderate level can cause psychological stress and cause: • Annoyance (fear, anger, feeling bothered, feelings of being involuntarily and unavoidably harmed, and feelings of having privacy invaded), interference with activity. • Headache, tiredness and irritability are also common reactions to noise. South Mill District Ward 3, Subdivision built in 2006-2007 • Possible impairment of intellectual function and performance of complex tasks. Depends on the nature of sound and individual tolerance. Exposure to intense level of noise can: • Cause personality changes and provoke aggressive and violent reactions. • Reduce ability to cope. • Alter work performance and intellectual function. • Cause muscle spasm and also break a bone (when combined with strong vibration). • Cause sleep disturbance. • Provoke changes in mental health. Exposure to sudden, unexpected noise can cause: • Startle reaction with stress responses. • Cause non-intentional injuries Periodicity and Duration: Impulse noise is more harmful than continuous because it bypass the natural protective reaction, the damping-out of the ossicles mediated by the facial nerve. Loud noise may result in temporary decrease in the sensitivity of hearing and tinnitus, but repeated exposure may cause these temporary conditions to become permanent (WHO, p. 17).