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HomeMy WebLinkAbout2024-12-17 Sean Thompson (2) Charlene Way From:Sean Thompson <seanst@mac.com> Sent:Tuesday, December 17, 2024 3:28 PM To:Clerks Comment Cc:Nick Napoli; Linda Ritter Subject:Re: Comments 4300 E. Fairview Ave H-2024-0049 External Sender - Please use caution with links or attachments. This is in response to a phone call I received from Linda Ritter, Meridian City, at 1:59 pm on Tuesday, December 17, 2024. Ms. Ritter responded to my original correspondence regarding by stating there was approval already provided by a Venture Subdivision neighbor directly behind the new development and that the owner talked to him and he was fine with the development but when I asked which property owner it was she only said the one directly behind the proposed development. It has become apparent that it only takes one property owner to approve this endeavor but one property owner does not make a quorum and I disagree because as I stated to Ms. Ritter, I am not okay with the development operating at 5am. Furthermore, Ms. Ritter stated that there are several Human Bean locations that sit next to a subdivision in shopping centers. To which I replied "No they do not" and after she reiterated the statement, I again stated "No they do not". If you look at the Human Bean locations in the Treasure Valley as shown in the screenshots below, not one of the entities is located directly next to a residential subdivision. Thus the argument stating there are other locations operating this way while operating at 5 am have no merit in this conversation. You can clearly see that all of the screenshots of Human Bean locations are located in Commercial Shopping Centers and not located directly next to a Residential Subdivision. I am against this development because of the answers I received from Ms. Ritter and the lack of knowledge about the 5am business operations of running cars, car doors, speakers used for ordering and people talking loudly to order at this specific location that sits directly next to residential homes. There is clearly a disconnect as to what represents a residential subdivision and a commercial shopping center as compared to every other human bean location listed. 3400 E Fairview Ave is not a shopping center and is within 100 feet of a residential neighborhood. Do not approve this application! 1 2 3 4 5 6 On Dec 17, 2024, at 5:14 AM, Sean Thompson <seanst@mac.com> wrote: Attention Meridian Planning Division and Meridian City Counsel Request for Comments, It is my intention to have this email serve as my official response to comments addressed to the powers that be for the proposed development of the business at 3400 E. Fairview Ave. I am a resident of the Venture Subdivision that resides just north of this new development and I am concerned for my property value, surrounding noise levels, additional traffic, water rights both surface and ground water rights and the tranquility that comes with owning a larger parcel of land within the Treasure Valley that was Developed in 1970. I realize there is always going to be growth surrounding our subdivision but the work has been done with the same care and concern for our neighborhood and surrounding businesses and 7 as has been performed in past developments. I am writing this letter to convince you to continue down the same path and make the correct judgement call. Meridian City, Developers and residents of Venture subdivision have worked together to set some precedents on prior projects along the way listed below that surround the Venture Subdivision: Mountain West Bank - March-May 2005 Carmax June 2012 Kleiner Park July 2012 Cell Tower 2018-2021 3400 E Fairview Avenue Proposed Development December 2024 Mountain West Bank 4250 E Fairview Ave Meridian - Early 2005 Mountain West Bank - the concern for the business traffic at the time was that most of the cars had to enter and exit onto Venture Street which was a closed road at the time and had to alternative access except for onto Fairview Avenue. The bank offers a drive thru operation and parking on the north side of the business so that the noise and business operations offered a limited disruption to the Venture Subdivision located to the north of the rear of the business. This was an important requirement since the residents did not want traffic or noise coming from the business. The development process worked to help keep the serenity of the Venture Subdivision in tact and provided some level of protections to the property values of the neighboring Subdivision. Carmax - 4043 Eldon Gray St. Meridian - May/June 14,2002 Carmax held a neighborhood meeting during the master development and planning phases so that Venture Sub residents could address concerns to prevent the car dealership from interfering with the quality and serenity of the neighborhood that everyone had so become accustomed. There were discussions regarding the way traffic was to move along Venture street because of the proximity to residential homes on Venture Place and Venture Circle that would be impacted by the increased traffic. In addition, there were very few lights interfering with the subdivision at night which made it a nice place to live and enjoy outdoors at night. Plus there were concerns for noice levels coming from the business regarding the automotive shops, carwashes and any other types of noises that may impact the neighborhood. Carmax initially intended to build a high brick wall to insulate the business noises from impacting the neighborhood which would surround most of the parking lot and car lot up to the venture place street entrance and the lights were specifically purchased so the light pointed downwards instead of outwards toward the subdivision. Additionally, there was a specific requirement that Carmax only use an egress entrance from the car dealership that would only be permitted to turn right towards Fairview Avenue upon entering Venture Street. Although, somewhere during the planning phase, Carmax made some changes to the wall which did not get build as far down Venture street as originally requested and the Venture Street entrance was able to have ingress and egress access which was stopped a short time later after Ada County Highway District admitted they failed to prevent the access onto Venture Street as originally planned. The fix that they came up with is the line of concrete curbing structures that line the right middle lanes at the north end of Venture Street just before access to Fairview Avenue. Ultimately, the development has been a very peaceful and enjoyable neighbor to the Venture Subdivision in my opinion because the noise is very low and the traffic was never a problem onto Venture Street and the lights at night do not point or shine in the direction of the Venture Subdivision which has only affected a couple of households in the Venture Subdivision that live on Venture Street but mostly, the business has not affected much of the quality of life to date. 8 Kleiner Park - Eldon Gray Road, Records Road - Addition of Eldon Gray road, Records road etc Road access opened to the Village and Kleiner park via Eldon Gray road and Records Ave. This also increased the traffic to and from these locations on Venture Street. This affects the bank access in and out of the parking lot which is also restricted by the concrete curbing into of the bank drive thru parking lot. Cell Tower Parcel next to 4300 E. Fairview Ave, Meridian and next to Athena Tactics 12668 W Fairview Ave, Boise 2018 - 2021 In 2014, I had reached out to the developers of the Verizon Cell Tower that was to be originally located at 4225 E Fairview Avenue that was more than 1500 feet from the Venture Subdivision but the owners of the property did not want the project due to safety and health concerns and cancelled the project. A few years later the project was moved to the property directly east and next to 4300 E Fairview. This project started in 2018 and then was finalized during the pandemic with little to no opposition to the project because no one was notified that the approval process was progressing. I say this as fact because very few people in the neighborhood that I spoke to directly had any knowledge of when the meeting took place for approval to be granted for the Cell Tower to be erected since no one was notified of it during the pandemic lockdown. There was one initial meeting in the parking lot space around summer of 2018/2019 where it was to be located that we were all invited to attend and where we gave all of our information and emails for future correspondence but no future correspondence was received by anyone after this meeting. Only neighbors later told me they had heard about the pending construction from the owner of the property. Venture residents met with the team handling the project for the first meeting prior to the pandemic and many voiced their disapproval to the tower being so closely located right next to the subdivision and potential issues of devaluing property values, along with health and safety concerns. Then during the pandemic the project was approved without any further meetings with residents or addressing the concerns raised by the neighbors in the initial meeting. At least, for me, I was never told about any meetings nor did I have the opportunity to attend any additional follow up meetings before the project was approved. 4300 E. Fairview Ave - December 2024 I was FIRST notified of this planned business on Dec 6, 2024 by a post card that was mailed to my residence from Meridian City of this planned use. The SECOND notification came in the form of a 5-7 post card that was mailed to my residence on December 7, 2024 stating that this development at 3400 E Fairview is not a good fit for the existing neighborhood and local business. The THIRD notification came in the form of a second 5-7 postcard that again stated this was not a good business to be allowed on 3400 E. Fairview and to voice my concerns for it. I WOULD LIKE TO STATE EMPHATICALLY THAT I DO NOT KNOW WHO WROTE, PRINTED OR MAILED THESE POST CARDS TO MY RESIDENCE BUT I WOULD LIKE TO ADDRESS THE FIVE MAIN POINTS STATED ON THEM AND TAKEN DIRECTLY FROM THE MATERIALS I READ: 1. NOISY, HECTIC OPERATIONS STARTING AT 5AM AND LASTING LATE INTO THE EVENING 2. AUTO REPAIR MACHINERY AND DRIVE THRU SPEAKERS 3. AIR POLLUTION FROM HIGH TRAFFIC AND IDLING VEHICLES 4. ENVIRONMENTAL RISKS FROM OILE HANDLING 5. REDUCED RESIDENTIAL PROPERTY VALUES PRIOR DEVELOPER MEETINGS But first, I would like to point out that there was a meeting held approximately 4 months ago between the company representatives for 3400 E. Fairview and the public to discuss this proposed development but sadly I was not notified or invited to it. Otherwise, I would have voiced these concerns well before 9 today and the meeting that is to be held on December 19, 2024 at Meridian City Hall. I would like to think it was an oversight but I am not the only person who did not know about a development that will sit approximately 300 feet south from the front of my property. 1. NOISY, HECTIC OPERATIONS STARTING AT 5AM AND LASTING LATE INTO THE EVENING 2. AUTO REPAIR MACHINERY AND DRIVE THRU SPEAKERS FIRST, the noise ordinance requires this business based on current requirements to operated no earlier than 7am and if not mistaken should be no later than 9pm. It may be later so I may be mistaken about the late hours, No other business is allowed to operate their business at 5 am or before 7 am anywhere within a 1000 feet radius of this location so why should this business be given the special permission to do so. You cannot require all the businesses around this to be held to a different standard. Also, the noises from the idling cars and outside ordering speakers will be a constant nuisance to residents located directly north of the business which are required to conduct no business before 8 am based on Ada County noise ordinance requirements for businesses within a residential neighborhoods. Are the rights to conduct business within a radius of 100-200 feet from a residential neighborhood any less important than what is already legally allowed. No, it should be even more restrictive since this Venture Sub was planned and developed on August 29, 1970. So why should they be given special permission to change the current laws that affects a subdivision that has existed for that long. Any entity coming afterwards should be held to a higher standard due to the fact the subdivision was here a lot longer than this proposed development. The city bylaws were implemented for a reason to protect long held traditions that subdivisions would not be harmed by poor development project planning initiatives. Allowing this business to operate earlier than the existing businesses restricted hours of operations sets a dangerous precedent when combined with a residential neighborhood that is also not allowed to conduct business earlier than 8am. I don’t want to wake up at 5am to hear or see these activities next to our tranquil and peaceful neighborhood that were against the City code to begin with and then that same code was set aside for one business to disrupt that same tranquility that has been present since 1970. Most City bylaws addressing noise ordinances set restrictions on what can and cannot be done between 11pm and 7am and allows citizens to call the police when excessive noise activities are conducted. Am I not allowed to call the police to file a complaint about 3400 E. Fairview at 5 am for the same excessive noise activities? Why should I have NO RIGHT to take the same action to lower the noise levels just because you allow this business to break the rules set for everyone else to follow? 4. ENVIRONMENTAL RISKS FROM OIL HANDLING SECOND, many of the residents in the Venture Subdivision hold two water rights - surface and ground water rights that they would like to see not destroyed by a case of environmental waste hazards that can affect and do affect the water tables in this country every day. We have rights going back to the 1820s for surface water rights and ground water rights that were established in the 1970s. These water rights are guaranteed by law to predate this entity business start date for any causes of action for any harm created by this operation. Any contamination that affects these rights and the quality of water attached to these properties and property values will be affected in the future when a business fails to follow best practices. So I am against any entity that does not conduct business with a solid waste management plan that has 100 percent assurances that my property will not be contaminated by a breach to an oil drum that is allowed to leak into the surface or ground water affecting the Venture Subdivision that will be located so close to this enterprise. Does this company provide a proven and safe standard where they can 100% prevent and protect the residents of the Venture Subdivision from experiencing a ecological disaster and does this company plan to obtain hundreds of millions of dollars in insurance polices to insure that if there is future oil spill that causes harm to any resident of Venture Sub that they will be able to clean up the disaster and compensate the owners for losses suffered to these affected parcels of land by their lack of due diligence in preventing such a spill. There are more dangerous environmental disasters such as a fire that could be catastrophic next to our subdivision. There are countless stories about poor handling of waste products. Irrigation water canals/culverts run south to north from Fairview Ave close to 3400 E. Fairview into Venture Subdivision with service to Clover 10 Meadows subdivisions and both Kleiner Park Water Ponds. This can potentially have a devastating affect on neighboring properties and this is just the reality of owning and operating a business that supplies hundreds of gallons of oil on a regular basis near these waterways. Where are these plans or procedures to ensure our neighborhood remains safe and secure and prevention measures are in place to prevent contamination to surrounding land or water? What if the disposal company drops a barrel of oil onto the ground? What happens if oil spills outside the business? Accidents can and do happen everyday to normal people doing their jobs that do not expect things to go wrong. How far does the protective barriers and surface prevention measures have to reside from the building to prevent a disastrous spill into the baron land and dirt? Walmart Oil Change Service Center, 4051 E. Fairview Ave, Meridian - Hours 7am to 7pm daily How does this compare to the Meridian Walmart located directly south and across the street on Fairview that already services Oil Changes from 7am to 7pm daily. Is Walmart going to be able to offer Oil changes at 5 am to service their customers located within 1000 feet of this proposed development? Why do we need another Oil Change Facility where a person can drive across the street to their open bays and get the same service? Where is the market study, I would like to read it too. Why should this be any different than a 7 am starting time at the very minimum if you have a direct competitor across the street required to start at 7 am. Not a very good case to make that argument I am afraid. Carmax - 4043 Eldon Gray St. Meridian - Carmax Automotive divisions offer oil changes and automotive services at this location from 11am to 8pm M-F, Sat 9am - 7pm and Sunday 12pm to 7pm. What about starting oil servicing of vehicles at 5am daily? 3. AIR POLLUTION FROM HIGH TRAFFIC AND IDLING VEHICLES THIRD, Air quality will also become an issue for every person working outside their home, mowing their lawn or harvesting vegetable gardens as so many do already when you have 6 cars an hour minimum for oil changes and countless cars idling at the drive thru all day within several hundred feet of this establishment depending on which way the wind blows. We should not have to be subjected to elevated risks of carbon monoxide at higher levels than already established by current businesses. And if these cars are allowed to continually idle from 5am to 8pm, or 9pm or 10pm, what are considered normal amounts of carbon monoxide levels within this small area that seep into the neighborhood that may cause harm. Is there going to be a health study showing an additional health affects caused by elevated risks to higher levels of daily carbon monoxide poisoning associated with the additional amount of cars coming and going at this business. I think this is a fair question that needs to be asked. We are talking 5am - 8 pm minimum for 6 cars an hour that translates to 90 cars coming and going and idling in place just for oil changes and then we have at least 90 to 180 cars idling getting coffee but likely a lot more than that. Are the residents not allowed to do everything in their power to reduce the health risks associated around their property. By allowing this type of business in such a close proximity to the neighborhood subdivision where people gather and interact, children play and other outdoor actives are performed goes against any logic without a study to address the safety and health concerns. Show me where I can find this information and that me and my family will not be adversely affected? 6. TWO BUSINESSES WITH DRIVE THRU OPERATIONS CAN BE CAUSE POTENTIAL TRAFFIC PROBLEMS BECAUSE THEY HAVE TO SHARE A COMMON PARKING LOT STRUCTURE AND INGRESS/EGRESS FOURTH, It seems that we also need to address the overflow of cars to these two operations when it has become apparent that two businesses will have drive thru operations and the only overflow option will be venture street when the parking lot has too many cars already occupying all the spaces. Where is the assurance we will be able to travel freely down Venture Street in a manner it was intended that will not already affect the problems created by the concrete curbing barriers blocking turning lanes on Venture Street. These parcels are not very big and do not have much space to accept more cars than the 11 planning documents allow. Where are the additional cars supposed to go when there is not enough room for any more. It seems like a valid question and how will both entities address the traffic caused by the two drive thru operations. I noticed egress and ingress for the coffee and oil shop is coming off of Fairview but the Bank only has two entrances/exits on Venture Street. Is there going to be a plan to prevent bottle necks on Venture Street if one does happen even if temporarily. The Records roundabout is backed up all the time with cars deadlocked and no where to go when cars are stuck there. I have a concern when I am pulling onto Venture Street from Fairview going North because many times drivers are terrible at maneuvering that corner and if there are cars backed up into those two parking lots on Venture Street, the cars will likely have no where to go except over the concrete curbing lining the middle of Venture street. It already has caused many people to swerve around the concrete barriers going the wrong way traveling north in the south bound lanes and oncoming traffic. 5. REDUCED RESIDENTIAL PROPERTY VALUES FIFTH, Owners in the Venture Subdivision own properties valued in the high hundreds of thousands to million range based on current market trends. I really do not want to worry that someday my property, water or health could be adversely affected through no fault of my own. FINALLY, I am all for a business that does not elevate but reduces safety and health concerns, does not have the potential to pollute the environment of our subdivision next to them or the air quality of the residents in such close proximity or does not get special treatment to operate outside of normal city bylaws for noise ordinances that other businesses are already held to strictly follow. I expected more information but not enough information has been provided to assure me and my family that my property, health, safety and water contamination concerns have been thoroughly addressed. It is a mystery why a drive thru coffee business would be attached with an Oil Service business which when combined does not really compliment each other. And located within 1000 feet of 2 major Oil Service Center Stores. Oh, did I mention a third, Peterson Chevrolet Buick and Cadillac Dealership and oil change and service center located 12300 Fairview Avenue, Boise at the corner of Fairview and Cloverdale on the same block. I would encourage the owners of this property to reconsider a business operation that would provide a lot less potential issues, an avenue that elevates the community around them and compliments the current types of businesses operating in the area rather than competing with three identical service operations all within a very close proximity of each other. Please make every effort to address these concerns because they can have lasting undue effects on the people and places that make Meridian and our area of the Treasure Valley great to call home. Sincerely, Sean Thompson MS, BS, AS, CISSP, CISM, CEH Venture Property Owner NOTE: This letter is NOT meant to be malicious or destructive to the project but should raise awareness and cause concern that this is not a typical business operating for the purpose of selling insurance or an accounting office building or for a local company selling their goods and services like the metal works located on the property. This is a business operating with real potential environmental hazards, noise complaints early in the morning if authorized and concerns for contaminating the environment that need to be addressed before being allowed to proceed that has 12 the wherewithal to address any future problems with speed and efficiency in the face of a dangerous spill or even larger disaster. 13