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HomeMy WebLinkAbout2021-07-16 Mike and Malissa Bernard July 16, 2021 To Mayor Simison and City of Meridian City Council, I have seen the Staff memo regarding The Oasis Council Reviews. As extracted from the report is the mention of a 7000 SF drinking establishment, music venue, and nightclub. Dear Mayor&City Council, On May 6, 202.1, the Planning and Zoning Commission approved The Oasis Conditional Use Permit for an approximate 7,000 square foot drinking establishment, music venue, and nightclub on a portion of 3.2.6 acres of land in the zoning district located on the southwest corner of Eagle and Ustiek Roads. The project was originally heard on March 18, 2021 and at both hearings public testimony was taken with a majority in opposition of the project based on a number of factors (see Exhibit A of the Findings for the complete Commission recommendation overview). From the Staff Report for The Oasis CUP there is a Conceptual Floor Plan within depicting a second floor "Mezzanine" in addition to the shell for Jamba Juice and The Oasis. The Mezzanine is highlighted below in Yellow and is shown to measure 2329 SF with the ground floor measuring at 7016 SF. This Conceptual Floor Plan will vary once the "architect" completes his plans,so we will go off the concept provided which is ground floor at 7016 SF plus Mezzanine at 2329 SF for a total of 9345 SF, with maybe some adjustment for stairs and miscellaneous, not to mention once the size and scope of this mezzanine once it is complete (could be larger). So far the plans searchable through the Citizen's Portal or ACA show a plain shell. The Oasis advertisements are touting 10000 SF, so the Conceptual Plan for The Oasis is pretty darn close to that Square Footage Count, a disparity of 3000 SF from the Staff Memo. A 10,000 SF Lounge - concert Housel nd World Class Nightclub 3085 E. Ustick Rd. Meridian, ID 83646 North of The Village From the Staff Report for The Oasis Conditional Use Permit law NOW IRMHO Mm ME 14 owRnvuw 474*----------------- ------ / / / ��w w | ="= ^ � ---------- / The Mezzanine as highlighted in Yellow adds significant usable square footage to the building that is not counted in much of the City Staff generated documentation. D. Conceptual Floor Plan | ThesnippedpicfnomthePubUcRecordiszoomedintoshovvthetrueintendedscopeofthisproject. Furthermore, I see no plans for elevators and other items necessary for ADA Compliance. |f there isa wedding reception or event upstairs for a rental,there needs to be inclusion for all citizens. � /s ',o 'V� (k [E E9 /mm ` � �� view Plan text � | REST -------------- GAR FFEC A) OASIS RESTAURAN7 AND EVENT ELAR ------------- ABOVE ROOM This is the Conceptual Plan that was presented before City Council in 2019, and the image is used again for presentation to City Council on the date of December 22, 2020. Eagle Commons MDA H-2019-0082, page 19 of 19 Application Materials https://weblink.meridiancitV.org/WebLink/Browse.aspx?id=175568&dbid=0&repo=MeridianCitV a'p .f:ylo r W WOW LA00¢l. I a a L I cc fI 11 sn G_r' wam 1h, Pad 3 e r]s rims:. I� LU a � W a '� — --1-------------f------- — =�— o� -- i� —1 •� vy Zoomed in depicting SHOPS at 8800 or 8600 SF total SF...how did this morph into a building with a Mezzanine that could be 11205 SF, or more? A question is now before us all: via whose authority and consent was this concept drastically changed from the concept presented before City Council and therefore the Citizens? SHOPS depicted do not necessarily raise alarm as viewed in the SWC Ustick and Eagle Rd Site Plans presented before you not just once but twice in both 2019 and 2020. ! ! ONO l� Sh ps P d 4 �h Pad S r� T ae�cap These were the Shop Elevations presented before Council via the Eagle Commons MDA H-2019-0082. They show a max building height of 23' with a decorative non-structural detail resulting in 26' in height overall. https://weblinl<.meridiancity.org/WebLink/DocView.aspx?id=176496&dbid=0&repo=MeridianCity EAGLE x U TI I EiHOP5 ELEVATION 06R.14-19. �I - 1 J11a 2fi From Eagle Commons MDA H-2019-0082,Z—Exhibit A Revised, page 7 of 13 B. Proposed ❑evelopmcrri Agreement Provisions. Conceptual Development flan & Building Flevatiorts Prior to drafting the new d-ewtopm-ent agreement, (be Applicont shall stibmis a legal description and exhibit map of the subject PFOpeity gover-ned by the new 1. The applicant shall be responsible for all costs associated with the sewer and water service extension and hook-up to City services. 2. Any existing domestic wells and/or septic systems within this project shaft be removed from their domestic service,per City Ordinance Section 5-7-5 l 7, wells may be used for non- domestic purposes such as landscape irrigation. 3, Future development of this site shall substantially comply with the conceptual development plan and provisions contained herein. 4. 1 lie Developer Shall record a Cr()SS-accesS'1ngress-egress easement to Ilie adjacent properties to the west and south(Parcel#S1105110110&S 1105110120). A copy of the recorded easement(s)shall be submitted to the Planning Division with the first development application for the site. 5. Future development shall comply with the structure and site design standards listed in UDC 1 1-3A-19 and the design standards listed in the Architectural Standards Manual. h, A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and landscaping shall he installed adjacent to N. Eagle Rd./Sl-1-55 as set forth in UDC 1 1-3H- The Oasis CUP H-2021-0004 PZ—Elevations https://weblink.meridiancity.org/WebLink/DocView.aspx?id=221752&dbid=0&repo=MeridianCity SIGHAGE TRELLIS a � F, fl b M F�9 b a MAIN ENTRY The Oasis CUP H-2021-0004 PZ-Staff Report 3-18 page 16 of 19 https://weblink.meridiancitV.org/WebLink/DocView.aspx?id=223988&dbid=0&repo=MeridianCitV E. Approved Building Elevations(date: 2/05/2021) r How did it increase in height by nearly four feet without a Modification to the Development Agreement? How did the purpose and nature of use change from SHOPS to a nightclub/indoor entertainment facility/drinking establishment, riding on the coattails of the VillaSport approval, on the basis that a few Mai Tais by the pool is a perfect and logical segue to a drinking establishment and late night EDM nightclub? Certainly not apples-to-apples. The argument that there are other drinking establishments in Meridian that did not raise alarm among the citizenry is a moot point...they are nowhere near as close to residences as this one is, and especially not so close to children utilizing VillaSport or those sleeping in their own beds in Jackson Square. The often cited drinking establishments at The Village are more than 1000 feet from the nearest residents. The cited Top Golf is nearly 1000 feet from the nearest resident. The Oasis is sited 328 feet from the nearest resident. As depicted below, Big Al's is more than 1000 feet from the apartments to the north of The Village. Bing Maps measuring tool. Click or tap on them a p to create anew point.Tap and drag an existing paint to move it.Right-click for tap and `. p• �," hold)on a point to remove it l7istance:1087 ft(331 m) Reset Edit Close shape •'a � ' p ..d 4� i.- 17 i YY 'p d :=c:'rc�- — This is what you were presented in the Staff Report dated 11-19-2020. Wadsworth Meridian Subdivision PP H-2020-0104 PZ-Staff Report 11-19 https://weblink.meridiancitV.org/WebLink/DocView.aspx?id=216791&dbid=0&repo=MeridianCity A. Future Land Use Map Designation(h�ips:11it,K,„•.meridiaaci .arglcomppfarr) Mixed Use regional— In general, the purpose of mixed-use designations is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers.The intent is to promote developments that offer functional and physical integration of land uses, to create and enhance neighborhood sense of place, and to allow developers a greater degree of design and use flexibility. Specifically,the purpose of the regional 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. The subject site is located at the southwest corner of the intersection of E. Ustick Road(an arterial street)and N. Eagle RoadISH 55. Staff and the Applicant understand the importance of providing more commercial uses in this area, especially on an undeveloped corner. To the east and across Eagle Road are two large commercial centers;to the north is an additional Page commercial center. These surrounding areas provide a plethora of'commercial uses that are used at a regional level. Directly to the west of the subject site is intended to he a high-end indoor gym (Villasport)and further to the south of the site is existing residential and some community serving commercial. As these lots get developed over time, Staff believes that they will continue to add to residents to the southwest of this site. Staff is of the opinion that there is less creed for these five relatively small commercial lots to serve a regional base than those sites to the north and east. In addition, this project, in conjunction with the approved uses to the west, should satisfy the comprehensive plan and mixed-use policies. The Regional designators are fully satisfied as currently planned without The Oasis; no one is going to upset the vision by denying The Oasis CUP. The Oasis is most likely a multi-investor-pool- backed business with a local-front-man application from all from the contextual clues, in my honest opinion. Here are the concrete facts: The Oasis had to seek a CUP since it is closer than the requisite 1000 feet from residences for an indoor recreation facility, per City code. The Facebook page for The Oasis was created in September 2020,yet City Council and Citizens were not made aware of this coming business until the application came forth. The Oasis Facebook page went public with their first post on December 23, 2020, mere hours after the approval of the Wadsworth Subdivision on December 22, 2020. The Lease announcement at 3085 E Ustick went to press November 28, 2020 via Idaho Press, so the lease was signed previous to November 28, 2020 press time and Wadsworth Sub applicants were aware of their tenant. The Oasis showed up in the City record in August and September 2020 for the CZC for AFC Urgent Care and is depicted as a Restaurant and Event Bar of a smaller square footage. The Oasis showed up in a photometric dated December 22, 2020 that was submitted to the City in early January 2021 with Oasis/Jamba Juice clearly depicted and that photometric has since been replaced with a revised photometric dated for February 2021. End users for Wadsworth were supposedly not known,yet nine days after your City Council December 22, 2020 approval of Wadsworth Subdivision an affidavit of legal interest is signed on New Year's Eve 2020 giving Balboa Ventures LLC the right to file applications on Wadsworth Development's behalf. You have many invested and vetted residents in close proximity whose home lives will be markedly upset by this business model. As we tout the need for diversity of homes that aren't on big lots within the expectations of the stereotypical subdivision within the suburban fabric, it doesn't mean a townhome community or apartment community should not have a reasonable and equitable quality of life and welcoming respite of home, despite proximities to other uses. I also think there needs to be an improvement in anticipating the needs for improvement in roads, lanes, and quantifying the traffic impacts of all nearby developments as a whole,for there were past grievous failures that the residents of Jackson Square and other communities must bear due to unintentional mistakes and short- sightedness...I sincerely believe there is great room for improvement. There are five drive-thru establishments as well (Sadie Creek,Jimmy John's, the pending Dutch Bros,the expected Wienerschnitzel, and tenant Jamba Juice) all utilizing that skinny Private Lane Roundabout to and from Eagle Road and the Private Picard Private that is deeded to and maintained by Jackson Square HOA without additional impact funds from current and coming development slated to augment Jackson Squares HOA's coffers. Thank you. Malissa Bernard, Meridian resident for nine years and local resident for 25 years