HomeMy WebLinkAbout2021-03-12 Dave Sattler
Chris Johnson
From:Dave Sattler <sattlerman@gmail.com>
Sent:Friday, March 12, 2021 1:05 PM
To:Joseph Dodson; City Clerk
Subject:Fwd:
Attachments:No to Oasis final2.pdf
External Sender - Please use caution with links or attachments.
Good morning,
I've provided the attached PDF with my opinion regarding the proposed location of a nightclub at the corner of Eagle
and Ustick roads. Please add it to documents for your review as you consider granting a CUP.
Thank you,
Dave Sattler
Dave Sattler
Sr.Marketing Manager, Product & Insights
J.R. Simplot Company
1
Meridian Planning and Zoning Commission,
It is my opinion that the proposed location for the Nightclub is not an ideal location for
the following reasons. All citations available on the last page.
Summary of Key Findings
Mixed Use Regional Designation
1. The proposed location fails every test of intent and criterion to be classified as
MU -R based on the designation descriptions, designation sample uses, and the
conceptual maps that accompany MU -R, MU -C, and MU -N. (I provided those
since MU -N, MU -C are acceptable designations for use in a MU -R designation)
2. Though we currently have restaurants in the MU -R designation, it is common
practice, based on a survey of major cities across the country, (see details
below) for nightclubs and restaurants to be in separate designations and for the
nightclub designation to have more stringent requirements — such as distance
from residential areas, schools, public places, congested traffic areas, and noise
ordinances, for example. It behooves us to benefit from their experience.
3. There is no precedent for a nightclub satisfying MU -R designation criterion in
Meridian. This would be the first and sets a dangerous precedent.
Violence
1. Nightclub violence has been on upward trend in recent years. Articles show
police forces in Atlanta, and San Francisco struggling to counter the dramatic
uptick in violent crime at nightclubs.
2. Shootings. A collection of shootings at nightclubs all named "The Oasis".
3. Research findings that indicate that those who visited "nightclubs three or more
times have experienced three times more violent crime than people from
otherwise identical backgrounds and circumstances."
Location
1. Per the Oasis website - "We are centrally located right in the heart of the
Treasure Valley. Our location services over 700,000 residents within less than
a 15 minute drive". I have to believe, there is better location, closer to the target
audience where the nightclub would actually see better business success than in
the middle of 7 elementary schools, 4 middle schools, and 1 high school. (all
within 2 miles of the proposed location)
2. High accident area. In 2018 the Ada County Highway District, indicated that
64,000 trips are made on Eagle road every day. By 2040, officials project an
increase of 14,000 vehicles a day, that's 78k trips on this road. Data regarding
vehicle accidents, indicate that 42% of fatal car accidents in Meridian between
2015-2019 happened within 2 miles of the proposed location.
3. Pedestrian traffic. This presents a significant danger to the thousands of youth in
the area particularly as data indicates that Meridian has exceeded the state
average of pedestrians involved in fatal accidents in recent years including a
crash between a vehicle and a pedestrian at this exact intersection Oct. 16,
2018.
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1. Research indicates a difference in resultant behavior from alcohol consumed at a
restaurant vs. a nightclub. An Oregon State Patrol analysis of 2006 DUI arrest
reports showed that the top 10 Seattle establishments linked to DUI arrests were
nightclubs, including six targeted in a late summer Seattle police sting.
2. Miami and Palm Beach county in Florida made the same observation last year
when it noticed a sharp decline in DUI arrests even though restaurants were
allowed to open but nightclubs remained closed.
3. The proposed location for this nightclub, on a stretch of road where 42% of car
accident fatalities in Meridian occur, surrounded by thousands of elementary -age
schools, and the increased propensity of over -drinking makes the proposed
location a dangerous proposition
Noise Ordinances
1. If we don't allow Walgreen's to be open 24 hours a day because of it's potential
negative impact to neighborhoods, it seems to follow that we wouldn't allow a
nightclub, in a residential area to be open playing loud music.
2. A Tale of Two Cities. I share the case of residents in two different cities with
nightclubs close to residential areas and the resultant lawsuits, protests, police
reports, violence, and the loss of value to surrounding real estate and
businesses.
3. Clashes like this, spanning years of complaints, police reports, protests,
lawsuits, legislation, and expensive efforts on behalf of nightclub owners has
done little to resolve the situation. The issue has consumed countless hours for
the police, city council, the judiciary, the nightclub owner, and local residents. All
of which could have been avoided. Police are needed elsewhere, city council has
better ways to spend their time, residents don't want to lose sleep, and
businesses don't want to lose revenue just as they're coming out of a stifling
pandemic.
Mixed Use Regional Designation
The proposed location for a nightclub does fails to satisfy the intent and criterion
for the Mixed Use Regional designation. As you know, the definition of a Mixed
Use Regional states -
" The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial
uses. Developments should be anchored by uses that have a regional draw with the
appropriate supporting uses. For example, an employment center should have supporting
retail uses; a retail center should have supporting residential uses as well as supportive
neighborhood and community services. The standards for the MU -R designation provide an
incentive for larger public and quasi -public uses where they provide a meaningful and
appropriate mix to the development. The developments are encouraged to be designed
consistent with the conceptual MU -R plan depicted."
The proposed core business of the Oasis is a nightclub. Though it may engage in other
profit-seeking activities it's stated core business is a nightclub. That fails to meet the
requirement that "developments should be anchored by uses that have a regional draw
with the appropriate supporting uses." The definition continues - "developments are
encouraged to be designed consistent with the conceptional MU -R plan depicted."
I've included that conceptual diagram below. (1)
MIXED IFSE
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Retail
The concept shows offices, hospitality, small retail, services, and residential mixed. The
description of sample Uses for Mixed Use Regional includes uses designated for Mixed
Use Community (MU -C) and Mixed Used Neighborhood (MU -N). To get a better idea of
the intent of the MU -R designation I'd like to review the sample uses of both of
these designations.
First, here is the description of sample uses for MU -C;
"All MU -N categories, community grocer, clothing stores, garden centers, hardware
stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops,
and other appropriate community -serving uses."
And the accompanying diagram for MU -N shows day care, retail and offices or
services.
And here is the sample uses for MU -N;
"alley -loaded single-family homes, townhouses, multi -family developments,
neighborhood grocer, drug stores, coffee/sandwich/ice-cream shops, vertically
integrated buildings, live -work spaces, dry cleaner/laundromat, salons/spas, daycares,
neighborhood -scale professional offices, gift shops, schools, parks, churches,
clubhouses, public uses, and other appropriate neighborhood -scale uses. "
Finally, the sample uses for MU -R include;
"All MU -N and MU -C categories, entertainment uses, major employment centers,
clean industry, and other appropriate regional -serving most uses."
1.Entertainment uses — there is no precedent for nightclubs qualifying as MU -R
in Meridian. The MU -R designation includes all MU -N and MU -C sample uses and none
of those designations are occupied by a nightclub either. Movie theaters, Big AI's with
bowling and video games, and the Village and south of the freeway around Eagle and
Overland with dining and hotels fit the description and intent of this designation.
2.Clean industry — clean industry is defined as "an industry, which does not emit
smoke, noise, offensive odors or harmful industrial wastes." The noise that a nightclub
will bring to the proposed location is out of compliance with it's pre -determined land use
designation.
3.Regional-serving — These are all neighborhood, community, and regional serving.
Distinction between Restaurants and Nightclubs in Mixed Use Residential zones.
A survey regarding zoning best practices for nightclubs vs restaurants, among
cities across the country including Phoenix, Ft. Worth, Seattle, Memphis, Greenville,
and many others indicate that it is common best practice to draw a distinction between
restaurants and nightclubs. So while we have many restaurants in the MU -R
designations, the survey found that NONEof the cities surveyed had the same
designation for a nightclub as a restaurant. Best practices from the survey indicate
that it is common practice for restaurants to be in separate zone designations, for those
regulations to include an increased distance from homes, schools, other
drinking establishments, churches, and public places. (23)
The survey results also indicated that it is common practice to have much more
stringent regulations. Many prohibit placement of a nightclub if it "creates traffic
congestion" and that it can't be within 500 feet or more of a residential area. All the
same reasons you are hearing people against the proposed location for this business.
Granting permission for a nightclub at the proposed location would set a problematic
precedent of allowing nightclubs into MU -R designations as it would be the first
nightclub to be allowed into MU -R. The proposed location fails every test of intent and
criterion based on the designation descriptions, the designation sample uses, and the
accompanying conceptual maps for the MU -R, MU -C, and MU -N designations.
VIOLENCE
Unfortunately, violence at nightclubs is a growing concern across the United States.
There is terrible precedent and trends to guide our decision here and they portray a
history of fatalities and police struggling to find solutions, while club owners do little to
curb violence. Research done in the UK indicates that those who
visited "nightclubs three or more times have experienced three times more violent crime
than people from otherwise identical backgrounds and circumstances."
That data is terribly accurate for the USA as well. In December of last year, the Atlanta
Police Department begun increasing patrols around the city's nightclubs after a string of
recent shootings.
There is even a website, nightclubviolence.wordpress. corn that provides near -daily
updates of violence at nightclubs. San Francisco, is just another city dealing with
increased nightclub violence as shootings increase and police are struggling to
stop violent crimes that accompany nightclubs.
Below is just a short list of shootings at these types of clubs that happen to be named
the Oasis. I was unable to determine any relation between these clubs.
Shooting at the Oasis in Clayton County, Georgia (7)
Shooting at the Oasis in Brookhaven, Mississippi
Shooting at the Oasis in Milwaukee, Wisconsin (9)
Shooting at the Oasis in Madison county, Alabama (10)
Shooting at the Oasis in Orlando, Florida
Location
The proposed location is right off Eagle Road and in the middle of a very busy
intersection surrounded by homes with families and young children. This creates an
unnecessary risk to the surrounding neighborhoods and pedestrians as well as innocent
drivers on Eagle Road.
Community Fit
The website of the proposed business reads - "We are centrally located right in the
heart of the Treasure Valley. Our location services over 700,000 residents within less
than a 15 minute drive". And that perfectly states my concern. They are smack dab in
the middle of 700,000 residents — the large majority of whom are families with children -
NOT the target audience of this business.
Lowe's, Kohl's, Macdonalds, Walgreens, Big AI's, and The Village - these
businesses cater to the neighboring families and as such, are a good fit for those
700,000 residents. A nightclub is not. The 700,000 residents neighboring that location
are not it's target audience. This statement is not to express anti -nightclub sentiment
but simply rather to point to the obvious, glaring gap in community fit. Particularly
when compared with these other businesses that chose their location to fill local needs,
and represent a common sense pairing between the surrounding area and their
services. I have to believe, there is better location, closer to the target audience where
the nightclub would actually see better business success than in the middle of 7
elementary schools, 4 middle schools, and 1 high school. (all within 2 miles of the
proposed location)
Traffic
In 2018 the Ada County Highway District, indicated that 64,000 trips are made on Eagle
road every day. By 2040, officials project an increase of 14,000 vehicles a day, that's
78k trips on this road, according to Amy Luft, spokeswoman for the Community
Planning Association of Southwest Idaho. Since the proposed location is not serving the
local community, this will only increase traffic on Eagle road and the surrounding roads,
of which the majority are neighborhoods.
Data regarding vehicle accidents, indicate that 42% of fatal car accidents in Meridian
between 2015-2019 happened within 2 miles of the proposed location.
Just a few weeks ago, on February 29, a man died in a motorcycle versus vehicle crash
on Eagle Road between McMillian and Ustick roads. X13)
Pedestrians
Within two miles of the proposed location are; 7 elementary schools, 4 middle schools,
and 1 high school. The proposed location is surrounded by literally thousands of youth.
This presents a significant danger to the thousands of youth in the area particularly as
Meridian has exceeded the state average of pedestrians involved in fatal accidents in
recent years.
This is already happening at this intersection. October 16, 2018 A crash between a
vehicle and a pedestrian caused a major traffic back-up at the intersection of Eagle and
Ustick roads, according to Ada County dispatch. Several lanes were blocked on both
Ustick and Eagle for nearly five hours before police cleared the scene. 11
Alcohol
The difference between nightclub drinking and restaurant drinking. Unfortunately, there
is a well-documented distinction between alcohol consumption at restaurants as
opposed to at a nightclub. The most significant distinction is that nightclub drinking
holds a much tighter correlation to violence and drunk driving.
For example, An Oregon State Patrol analysis of 2006 DUI arrest reports showed that
the top 10 Seattle establishments linked to DUI arrests were nightclubs, including six
targeted in a late summer Seattle police sting. (16)
Miami made the same observation. After being closed in March, Miami allowed
restaurants to reopen in May but kept bars and nightclubs closed until September when
they were allowed to open at 50%. Even with permission to open Miami -Dade and Palm
Beach Counties chose to keep all nightclubs closed. As a result, county officials
reported a significant decline in drunk driving, even though restaurants were open and
had been for months. (17) (18)
The proposed location for this nightclub, on a stretch of road where 42% of car accident
fatalities in Meridian occur, surrounded by thousands of elementary -age schools, and
the increased propensity of over -drinking makes the proposed location a dangerous
proposition.
Noise Ordinance - A Tale of Two Cities
Greensboro, NC
In the summer of 2013, after years of complaints, and failed efforts to find
compromise, Greensboro, NC city council passed a stricter noise ordinance in an effort
to reduce the negative impact local nightclubs had on residents and
businesses. Initially, the town had a lenient policy but after incessant violations the city
sued the nightclubs and strengthened the noise ordinance.
The city had nothing against nightclubs but the reality of it's negative impact on the
surrounding residents and businesses had become significant and burdensome. The
previous ordinance had been more lenient. In fact, City Councilwoman Nancy Vaughan
scolded the nightclubs a bit for not doing more to protect what she called the best noise
ordinance in the state saying, "To me, you should have protected (the existing
ordinance). At some point you have to realize you're having a negative impact on
people living downtown."
Local real estate investor, Mlke Weaver, had been leasing nearby apartments to people
in their 20's, but said that "leasing agents are finding those apartments tougher to fill in
recent years because of the noise from downtown."
Even after the stricter ordinance, many residents still have to wear earplugs to go to
sleep at night. Several building residents told council that the clubs still make too much
noise with one resident stating that he usually sleeps with earplugs on the weekend.
I'll point out here that Greenboro's new noise ordinance restricts disturbances at a
distance of 25 feet while Meridian's is 50 feet. (19) (20)
Seattle
"At one time or another, Victoria Beach says, she has tried sleeping pills, a glass of gin
or pleasant music but she cannot fall asleep." After years of sleepless nights due to
noise emanating from a local restaurant and lounge, after holding protests in the
mayor's office and even winning a judgment in small -claims court, Victoria, and many of
her neighbors are moving away.
Clashes like this, spanning years of complaints, police reports, protests,
lawsuits, legislation, and expensive efforts on behalf of nightclub owners has done little
to resolve the situation. The issue has consumed countless hours for the police, city
council, the judiciary, the nightclub owner, and local residents. All of which could have
been avoided. Police are needed elsewhere, city council has better ways to spend their
time, residents don't want to lose sleep, and businesses don't want to lose revenue just
as they're coming out of a stifling pandemic. (21)
Meridians existing noise ordinance regulates disturbances up to 50 feet which means
that residents will clearly hear the noise, visitors to Walgreens across the street will hear
it, and diners at Chili's will easily hear it. Nobody wants to hear it. They want to enjoy
the atmosphere of their home, their dining experience or their shopping
experience. Again, the Oasis may be a great location for it's target audience but it is
the proposed placement of the nightclub, not it's businesses, that will negatively
impact it's neighbors.
Meridian's noise ordinance (22)
If we don't allow Walgreen's to be open 24 hours a day because of it's potential
negative impact to neighborhoods, it seems to follow that we wouldn't allow a nightclub,
in a residential area to be open playing loud music.
WORKS CITED
1. https://meridiancity.org/planning/cutsheets/Cut-Sheet-MU-R.pdf
2. https://meridiancitV.org/planning/cutsheets/Cut-Sheet-MU-C.pdf
3. https://meridiancity.org/planning/cutsheets/Cut-Sheet-MU-N.pdf
4. https://ahvs.ora/news/2016-06-niahtlife-revellers-brunt-violent-crime.html
5. https://www.anc.com/news/atlanta-police-increase-patrols-after-deadly-nightclub-
shootings/VH7GMY45NNEBJGSIUEQGU552BU/
6. https://sanfrancisco.cbslocal.com/tag/nightclub-violence/
7. https://www.11 alive.com/article/news/crime/claVton-county-teen-on-the-run-after-
fatally-shooting-a-man-trying-to-break-up-fight/85-dOfd60fd-2326-42f4-a58a-
9bd9f6fdcO36
8. https://www.dailyleader.com/2018/08/06/accused-oasis-club-shooter-to-enter-plea/
9. https://www.fox6now.com/news/shootinq-outside-oasis-nightclub-Ieaves-26-year-
old-man-iniured
10. https://www.waff.com/story/3165895/club-owner-speaks-out-about-shooting-
deaths/
11. https://www.orlandosentinel.com/news/os-xpm-2009-02-15-b3reportl 5-2-
story.html
12. https://www.city-data.com/accidents/acc-Meridian-idaho.html
13. https://www.newsbreak.com/idaho/eagle/news/1518049230449/man-killed-in-
motorcycle-crash-on-eagle-road
14. httos://www.city-data.com/accidents/acc-Meridian-Idaho.html
15. https://www.ktvb.com/article/news/local/vehicle-vs-pedestrian-crash-blocks-
traffic-for-hours-at-eagle-ustick-roads/277-604990140
16. https://www.seattlepi.com/local/article/A-time-of-too-much-cheer-1259475.php
17. https://www.laventlaw.com/blog/it-might-be-a-while-before-miami-bars-and-clubs-
reopen-will-drunk-driving-accidents-remain-down-until-then/
18. https://miami.cbslocal.com/2020/05/26/reopening-south-florida-miami-miami-
beach-hialeah-reopening-restaurants-wednesday/
19.https://qreensboro.com/news/local news/shhh-greensboro-council-toughens-
noise-ordinance/article de600974-eeac-11 e2-8ca0-001 a4bcf6878.htmI
20. https://greensboro.com/business/owner-works-to-make-rooftop-nightclub-meet-
noise-ordinance/article 43759d3e-c52a-11 e3-8f01-0017a43b2370.html
21. https://www.seattletimes.com/seattle-news/neighbors-making-noise-against-nightclubs/
22. https://www.nonoise.org/regulation/ordinance/Meridian,%201daho.pdf
23. Microsoft Word - Nightclubs vs Restaurant Definitions Conditions for Web.doc
(charmeck.org)