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HomeMy WebLinkAboutLetters from CitizensV110 JOYCE BAKER 3350 DAVIS LANE R 2Q09 MERIDIAN, ID 83642 MaR 31�ed' 888-1381 O� O 5 e C�� CN Dear Madam Mayor and Meridian City Council: RE: AS 08-016 The P&Z Commission made a hasty decision with their recommendation by not using genuine and sincere caution and not taking into account the long term consequences the City may have to endure. The City does not need to become parry to an illegal operation in an attempt to provide Ada County with a `legal out' in accommodating the land owner and the operations occurring on the property in question for the Code Violation they have not enforced. The P & Z Commission demonstrated little regard the land use project creates for the Davis Lane and Tasa Drive neighbors. This is a critically serious issue and it does matter that the "cart was before the horse." That was one of the coldest hearted statements a P&Z Commissioner could make. In other words; he was saying for certain developers, City, County or State Agencies it's okay to do things illegally. There were comments made by the Commission to Knife River in regard to keeping the dirt watered and following the noise ordinance. I had to call Knife River @ 362-6152 and spoke with Pat Wood on Mach 13, 2009, a terribly windy day when there was excessive truck and equipment activity with dirt flying everywhere. Pat advised me that he had been on the illegally operating site the day before and the ground was watered, however, he did state he would look into the current dirt and have his operation take care of the issue. Approximately twenty (20) minutes later the water truck made a double pass on their main route from Overland to I-84. That settled the dirt on that path, however, the heavy trucks were pulling off of the path to unload their load of dirt and the ground they drove on was extremely loose dirt that continued to fly as well as the dirt they were dumping. I have never witnessed any of the loose dirt ground being watered other than `their path`. Early Saturday, March 28, 2009 @ 0636 hours my husband, Mel, and I were wakened out of a sound sleep by a loud bang. I jumped out of bed and sprained an already injured foot. We went to the window and sure enough there was a large semi truck with a lot of lights doing something on the property in question. The backup alarms then came on and the truck continued there for approximately 10 - 15 minutes. This was another of many Code Violations, however it took on an added dimension for us as Mel is a Meridian USPS letter carrier and works six days a week. He just turned sixty one (61) years old. Mel had not had a Saturday off in many months and was just starting nine days of vacation that morning. This incident was another intolerable violation we could not overlook. Homes used to be a sanctuary from everyday life away from the outside world but not so for us over the past nine plus months. As Tom Haynes, ITD Project Manager, instructed me back on October 1, 2008, I called the Ada County Sheriff dispatch to file a Code Violation report. Please see DR# 37986 at the Ada County Sheriff's Office. You as an elected official and public servants have a heavy burden in considering the facts when making a decision on this annexation request. ITD is funding the illegal operations with taxpayer dollars through GARVEE bonds. This is a serious quest for ITD and all agencies involved in the land use in an Ada County RUT zone. It was turned into the massive Staging Area and erection and use of a Concrete Batch Plant without proper procedures or allowing affected neighbors their right to due process. The affects we have been dealt is severe enough but to be defied by officials `we the people' have elected and entrusted our best interest to is beyond comprehension and is unconscionable. I am an affected neighbor due to the noise & nuisance currently occurring on the property in question. This application is unique and premature since it is has been mandated as an ultimatum by Ada County due to land use code violation. The current illegal heavy Industrial use of these parcels has created extreme distress to my family and our neighborhood. Loss of sleep, anxiety, out of pocket expenses and too many hours and days to count that it took to unravel what, why and how the current illegal land use occurred. Over 40 yrs. ago I learned that government is of the people, for the people and by the people and `we' have certain inalienable rights. The right to life, liberty and the pursuit of happiness. The project that has been operating next door to us is denying us these privileges! Instead it has caused excessive stress, which affects health and has devalued homes. I have not had a decent nights sleep since early last summer which has precipitated other health issues. Another adjoining neighbor told me that when she comes home from work late and the trucks & plant are operating the noise is so bad she sits in her recliner, turns the TV up to drown out the noise until she falls asleep from exhaustion. Another neighbor spent approximately $3,000 on insulation last summer in an attempt to cut down on the noise of the operations taking place on the property in question. Violations of Noise and Nuisance ordinances deserve severe consequences. One severely affected party is frightened to show up or speak out for fear of loss of a job with the State during our declining economy with increased lay offs. Ladies and gentlemen, this is horrible that people have to live with this type of fear here in Ada County in Idaho. We purchased our home nearly 10 years ago for the view and space to care for three (3) of our elderly parents all who passed away in our home. Now our view is severely distracted by an ITD project with Staging Area and Concrete Batch Plant. The home that used to be a sanctuary is now a nightmare. Early Sunday, March 8, 2009, shortly after the P&Z Commission Hearing we received a call from our next door neighbor who is nearly 87 years of age and her husband is going to be 90`h shortly. The neighbor stated her husband was very ill and asked if I would come and check him out. In just a few moments of a nursing evaluation I knew he needed to go to ER. I called Mel and he came immediately to help get him to the car as his wife did not want to call an ambulance as I advised. We got him to ER in short order and he was diagnosed gravely ill with pneumonia. These elderly folks have lived in their retirement home for over 20 years. If they become incapacitated at any time and need a nursing facility who will buy their home at the market value it should bring with this City of Meridian Meridian City Hall RE: Annexation and zoning AZ 08-016 Madam Mayor and City Council: RECEIVED MAR 3 12009 City Of ?Meridian Citv Clerk Office Thank you for taking time to consider my testimony. Nearly a year ago Knife River Construction and landowner James Jewett were told Ada County would not allow them to locate and operate a concrete batch plant on this parcel you are considering tonight. Without permits they went ahead and did exactly that as well as using this property as a staging area for stockpiling of materials. Ada County has miserably failed to enforce their own zoning ordinances as well as noise and nuisance ordinances. Quite a number of neighbors have been adversely affected by these operations at all hours of the day and night. Some of these neighbors declined to offer testimony in this hearing for fear of retaliation. When the environmental impact studies were done for the Ten Mile interchange project, one of the considerations was the barn on the "Sleepy Hollow Farm". It was listed as a building of historical interest in Ada County. As recently as December 17, 2008 we were told that it would possibly be the location of a future "farmer's market". Now the structure has been destroyed beyond restoration. On Mr. Jewett's annexation application he correctly lists the current zoning as "RUT". He also lists current land use as "vacant". While it is true that nobody lives on the property it is clearly not vacant. This is the hub of the I84 widening project. Why would the City of Meridian even consider accommodating a developer who flagrantly disregards zoning ordinances? Is the City prepared to enforce their ordinances or do they look the other way like Ada County does? If Mr. Jewett was prepared when he filed for annexation on Dec. 30 why did he have to request a continuance? I submit to you that this annexation process is a means of buying time while the unauthorized activities continue. It may be inevitable that this property will eventually become part of the City but I urge you to do the right thing now and deny this request so that Ada County Development Services can enforce their own Zoning ordinances. Thank you. Sincerely, ma" , s AZ. Melvin Baker G �' #_. it 1 _� �: i 1 A A. A � ��I„ . �, �. �,. , Y e- � � ��;r w�� tP ��;, ,� �.�, ; �� �� , ,,. f, �`�, ���; G �' 3 r a 0