HomeMy WebLinkAbout78- Rawski - Comments TALKING POINTS FOR JCC 18.40.5301
According to JCC 18.40.530 the County can approve the CUP only if all of
the criteria is satisfied.
•Conditional Use Is Harmonious
The development as proposed is not harmonious to the existing or
intended character and quality of the development in the vicinity of
the subject property for the following reasons:
Character and appearance, there are no other buildings,
residential housing, commercial development or any development
that is even close to the character and appearance that is
presented for this development. This development is built with
glass as the majority of the structure, which creates conflict by its
self as to glare, danger to the wild life, birds flying into the
windows. The appearance is of a sky rise building that is seen in a
city, it is not appropriate or compatible in design, character or
appearance for a residential community and will have an adverse
impact on the rural character.
A QUALIFYING FACTOR TO DENY THIS PROJECT BY NOT
APPROVING THE CUP TYPE III
•Adequate Infrastructure
Fire protection, I did not identify any fire protection other than the
consideration of 1 fire hydrant. If this is the only fire protection
offered, 1 fire hydrant is not sufficient to protect the surrounding
neighborhood. There are no fire hydrants along Oak Bay Road to
protect the curtailment of a fire spreading to the surrounding area
if a fire began at a development of this size. There must be
additional fire hydrants added for fire protection of the surrounding
area.
Exhibit 78
Exhibit 78 Page 1034
2
• Materially Detrimental To The Use Or Property In The Vicinity
Materially Detrimental Alternate name: Material Adverse Fact
A layman’s definition of a material fact is if the buyer knew about it, he probably would not buy the property because it
adversely affects value. In a more legal sense, a material fact is
a fact that will significantly affect the value of a property.
A material fact is defined as anything that would affect 1) the value of the property or 2) a buyer/tenant's decision to purchase/lease the property or how much to offer to purchase or lease the property. Property Material Adverse Effect means, with respect to a
property, any event or condition that has a material adverse effect
on the value, use or marketability of such Property
If I had known there was a remote possibility that a commercial business could be placed in our peaceful, quiet community that will have such a significate impact on the rural character, I would not have purchased my property where I live. This will have a financial impact on my property, there will be less interest by potential buyers by the altering of the rural character of
this community by this commercial development.
MATERIALLY DETRIMENTAL TO THE SURROUNDING NEIGHBORS IS
A QUALIFYING FACTOR TO DENY THIS PROJECT BY NOT
APPROVING THE CUP TYPE III
Exhibit 78 Page 1035
3
• Noise, Smoke, Dust, Fumes, Vibrations, Odors, and Other Impact Uses In The Vicinity Of The Subject Parcel
This development increases noise, smoke, dust, fumes,
vibrations, odors, trespassing and disturbance of the peace and
tranquility the neighboring community has enjoyed for several
years. This development is disrupting the normal residential
levels and raising them to a commercial level on a daily basis
not just during construction. The peace and tranquility will
be lost forever and it also compromises our sleeping
routines that have been established by the residents in my
community.
• Location Of The Proposed Development
The location of this commercial development will impact our
rural character and the peaceful and tranquil community we
have all shared for many years.
• Airport
The Jefferson County International Air Port is approximately 4
miles from the proposed commercial development. The air
planes have a daily flight pattern that flies over this area.
The glare from the glass structure from the commercial
development may compromise the safety of air planes flight
patterns that fly on a daily basis over this area.
Exhibit 78 Page 1036
4
• Merit and Value For The Community
The merit and value for the community is in question. The
existing like businesses are continuously struggling to put
heads in beds, as described by the LTAC funds; they cannot
find people to employ or to retain their employees.
If existing like businesses that have existed in our community
for many years are not able to attract people to keep their
facilities full of guests and to successfully employ people,
please give a logical explanation how this commercial
development will be successful when the long-standing
businesses are struggling financially to stay out of the red to
continue to keep their business open.
The business plan as submitted does not show anything
unusual to be successful in our community. This plan is relying
on one-time guests from out of the area. A business cannot be
successful without the support of the local community. The
submission from the community in opposition to this
commercial development suggests that this business will not be
supported by the community.
• Public Detrimental Effect
The public suffers detrimental effect if this commercial
development fails by the impact on our rural character by the
removal of the old growth trees, an abandon facility if this
business fails, loss of property values and bringing in people
from out of the area into our residential quiet, peaceful
community that does not have and interest, respect for our
property or a commitment to our community.
Exhibit 78 Page 1037