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Home My WebLink About2021-07-20 Mike Fassler Charlene Way From:Mike Fassler <Mike_Fassler@150pelican.com> Sent:Monday, July 19, 2021 6:08 PM To:City Clerk; Joseph Dodson Cc:Mike Fassler Subject:July 20, 2021 Meridian City Council Meeting Agenda Item Nos. 5 and 6 Attachments:Letter to City Council 7.19.20 (executed).pdf External Sender - Please use caution with links or attachments. Dear Mayor, City Council and Mr. Dodson, Attached please find written public testimony and comments from VillaSport relating to July 20, 2021 City Council Agenda Items No. 5 and 6 on the Public Hearing for the CUP Appeals The Oasis (CR-2021-0004) and The Oasis (CR-2021- 0005) which Project would be located directly adjacent to VillaSport’s project on a separate adjacent parcel. The attached letter outlines a number of concerns that VillaSport has with the Project as proposed. Please confirm via email your receipt of this email and letter, and please contact me at the number below if any questions. Best regards, Mike Mike Fassler SVP-Corporate Development VillaSport mike_fassler@150pelican.com (415)448-8461 (415)377-1977 cell (415)259-3461 fax 1 11asport July 19 , 2021 VIA EMAIL Mayor and City Council ( cityclerk@meridiancity. org ) Joseph Dodson ( idodson@meridiancity . org ) Attn : City Clerk Associate City Planner 33 East Broadway Avenue 33 East Broadway Ave . , Suite 102 Meridian , ID 83642 Meridian , ID 83642 RE : VILLASPORT' S OBJECTION TO PROPOSED OASIS NIGHT CLUB Public Hearing on Appeals of Oasis CUP W2021 - 0004 Hearing for Night Club Use Dear Mayor, Council Members and Mr . Dodson : VillaSport submits this letter in opposition to the night club project as currently proposed . While VillaSport had been neutral , it now opposes the project due to the increased parking , traffic and enforcement issues that have been raised by others . VillaSport also asks the Council to take note of the material misrepresentations made by Applicant in pursuit of this Project which calls into question the true scope of the Project and Applicant ' s ability to administer his safety plan , good neighbor policy and other promised actions . A . Applicant has Consistently Misrepresented the Project Facts In addition to the known negative impacts identified below, we are very concerned with the unknown impacts of this Project, as Applicant has on several occasions misrepresented basic information to City staff, the Planning and Zoning Commission ( PZC ) , and the general public . Applicant has made the following misrepresentations : 1 . "Villasport tenants " filed this appeal. Applicant maintains an official posting issued on its Oasis Facebook page that falsely states that " Despite being fully approved , a couple in Meridian as well as the Villasport ( sic ) tenants have filed a third party appeal for the approvals with the Meridian City Council . " ( See screenshot on attached Exhibit A . ) VillaSport did not file any such appeal nor did VillaSport have any prior knowledge of this appeal . Mayor, City Council and Joseph Dodson Page 2 July 19 , 2021 2 . Parking lot is 125 spaces plus 40-70 spaces to be added by new tenants. The site plan being marketed by the landowner' s brokers in June 2021 shows a total of 117 parking spaces for the entire site , including new tenants . (See attached Exhibit B . ) This contradicts Applicant' s Narrative addendum 5 - 6 filed May 4, 2021 which stated that the northern tenants on the site "will provide anywhere from 40-70 more permanent parking spaces . . . . " Applicant even reconfirmed those 70 additional parking spaces at the 5/6/21 PZC meeting despite the landowner' s contradictory site plan . 3 . Other tenants will be a bank and a coffee shop that close by 5p or 6p so the Project's parking requirements won 't overlap with other tenants. The June 2021 marketing brochure shows driveAhru buildings for both Dutch Bros and Wienerschnitzel on the northern pads of the center . At its other Meridian locations, Dutch Bros is open until 11000pm , seven days per week . There are no local Wienerschnitzel locations, but in Albuquerque , New Mexico , its stores are open until at least 10 * 00pm , seven days per week . Applicant knew that the northern pads required parking during night club hours, yet he misrepresented that fact to staff and the PZC . 4 . VillaSport rescinded its offer for cross parking agreement and "has told other developers since 2018 that it would not entertain a cross-parking agreement. " These statements are simply not true . VillaSport never offered cross - parking to Applicant and never rescinded it . In fact, Applicant has never directly contacted any VillaSport representative . S . Applicant voluntarily agreed to stop marketing as a " nightclub . " Applicant is still marketing the business as a " nightclub" on its Facebook page despite the fact that its Narrative Revised filed February 24, 2021 specifically stated that Applicant would " remove ' nightclub' element from our ongoing publications . . . . " 6 . Fundamental Problems with the Proposed Project In addition to the consistent misrepresentations of Applicant, the proposed Project has several critical flaws that have still not been remedied . 1 . Proposed Project is Under-Parked . With only 117 parking spaces for all five " known " tenants ( and whose hours of operation do overlap , as explained above ) , the Project site is grossly under- parked for Applicant' s promised 400 concertgoers . Just as VillaSport has designed its site next door to provide adequate parking for its patrons, the Applicant must do the same on its site or its operations must be substantially curtailed . 2 . Traffic Circulation Poses a Safety Risk . The PZC and city staff acknowledge that the major traffic flows created by this proposed use cannot be accommodated without a western driveway Mayor, City Council and Joseph Dodson Page 3 July 19 , 2021 across the VillaSport parcel . Accordingly, the PZC has sensibly required that " Applicant and land owner shall work with adjacent land owners to construct a driveway connection to the west commensurate with the VillaSport approvals and site layout to have more direct access to N . Centrepoint Way . " ( 3 / 18/21 Staff Report , VIII , 5 ) . However, the mutual access agreement between the adjacent landowners does not provide an easement for such western access . Since Applicant lacks the rights to such access, the proposed Project should be denied or scaled back to match the access rights which Applicant does possess . 3 . Traffic Jams are Likely to Occur with Concert Events . Traffic for scheduled concerts and similar events generally arrives in the 20 to 30 minutes prior to a scheduled show . VillaSport is concerned that concerts and events scheduled prior to 9 : OOpm would not only create substantial traffic backups onto Ustick Road ( with 400 concertgoers arriving at the same time ) , but would also conflict with VillaSport' s arriving and departing traffic ( which tapers off after 9 : OOpm ) . The proposed Project should either be prohibited from hosting concerts or scheduled events prior to 9 : OOpm or the capacity of the venue should be scaled back to mitigate these concerns . 4 . Capacity Limitations Lack Enforcement . Actual enforcement of any cap on capacity for this Project is a significant concern . At the 3 / 18/ 21 PZC meeting , Deputy Chief Bongiorno stated that his department " doesn ' t have the staff to track people in the building " and that the " bulk of [ enforcement ] would be off of complaints . " This is unacceptable . Any approval of this proposed Project should be conditioned upon and require an independent and consistent enforcement scheme which is not solely self- administered or reactionary to ensure the safety of concert patrons as well as to mitigate the concerns presented above . This Project, as proposed , does not meet the required findings for the issuance of a CUP . For the reasons set forth above , the Project , as proposed , ( 1 ) does " adversely affect other property in the vicinity" and ( 2 ) will " involve activities . . . and conditions of operation that will be detrimental to any person , property or the general welfare by reason of excessive productions of traffic . " Thank you for considering our concerns . Sincerely yours, l ' i aelrassler, SVP , Corporate Development for VillaSport Mayor, City Council and Joseph Dodson Page 4 July 19, 2021 Exhibit Oasis Meridian Facebook Screenshot as of July 15 , 2021 Q Meridian X The Oasis - Meridian, ID - Home X + Q E C A facebook.com/theoasismeridian/ t& Like A Share r Suggest Edits C) Send Message Posts Community See All The Oasis • Meridian , ID r 532 people like this June 6 Q 880 people follotiv this Hello everyone! Thank you for your continued support. Here's the latest ! Permits and Status : About See All All of our permits have been fully approved and our building is being The Oasis - finalized for full construction entitlement . We are at least two months Q 3065 E Ustick Rd behind at this point due to supply and labor shortages , and some Meridian, ID, ID 83646 Meridian , ID engineering delays . This puts our opening to the public into November (D theoasismeridian.com @theoasismeridian 2021 , For those on the soft opening list, don 't show up on our previously mentioned date because no one will be there! ® Dance 8 Night Club Live Music Venue Home Employment: Reviews Thank you everyone who have sent us letters interested in employment ro Page Transparency See More at our facility. We had originally planned to start the hiring process in Facebook is showing information to help you better About July 2021 . Due to the aforementioned delays , this will also be shifted understand the purpose of a Page. See actions taken by Videos appropriately to about September 2021 , Please keep an eye out for the people who manage and post content postings here on Facebook and on Indeed . 10 Page created - September 22 , 2020 Photos Appeals : Despite being fully approved , a couple in Meridian as well as the People Posts Villasport tenants have filed a third party appeal for the approvals with p Community the Meridian City Council . Please share our page with your friends , 1 1 music and dance groups, wedding parties , or anyone you think might be interested in a truly spectacular multi-purpose venue . 532 likes Booking : We are currently holding off on booking events on our calendar until a more definitive construction timeline can be finalized. Depending on your Pages Businesses Arts & Entertainment r intended use , we will book with a 2-6 month lead time or more if needed . Dance & Night Club r The Oasis • Meridian, ID Most people who are interested in booking have already made contact and we have your lead times in mind ! See more of The Oasis - Meridian , ID on Facebook . . Create New Account ® 0 Type here to search • IV 0 Mayor, City Council and Joseph Dodson Page 5 July 19 , 2021 Exhibit B June 2021 Site Plan from Broker Brochure AVAILABLE E, USTICK RD. j ! ❑ DUTCH BROSma TFT LJ I I I I i f ! I Q WI ar 10 - — i W I W URGENT •r�ARE miericanfamllycare I Villa . port. ATHI FTIC CI UR ANn SPA III s, — ''-'--•