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HomeMy WebLinkAbout78a- Frances Rawski Hearing Comments 092620221 Amanda Hunt From:Amanda Hunt Sent:Monday, September 26, 2022 11:37 AM To:Barbara Ehrlichman; Laura Mikelson Cc:Courtney Kaylor Subject:FW: Pomona Woods Public Comments Attachments:TALKING POINTS FOR JCC 18.40.530.docx; POMONA WOODS PERSONAL TALKING POINTS FOR THE PUBLIC MEETING-09-26-2022.docx Comments from Frances Rawski  Amanda Hunt  Assistant Planner ahunt@co.jefferson.wa.us  From: Frances Rawski <docsunlimited@gmail.com>   Sent: Monday, September 26, 2022 11:26 AM  To: Amanda Hunt <AHunt@co.jefferson.wa.us>  Subject: Pomona Woods Public Comments  ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you  are not expecting them.   Hello Amanda, Please see attached comments for Frances Rawski ‐‐   Have a great day!  Frances  Exhibit 78a Exhibit 78a Page 0001 1 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 78a Page 0002 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 78a Page 0003 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 78a Page 0004 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 78a Page 0005 1 POMONA WOODS My name is Frances Rawski, I am a concerned resident that lives within the private large lot rural residential community on located two tenths of a mile from the proposed commercial development that is before you today. This proposed commercial development has exposed our private community; prior to this commercial development activity my private residential area was a sleeper community. This commercial development process has negatively impacted our quality of life from having a private quiet residential community to having our residential community on display by distribution circulated for public hearings, utility connections, etc.; now instead of living in a sleeper community, we have a community of curiosity. Traffic has increased due to the public driving up our private road, ignoring the posted private road signs, to look at the area that is affected by this commercial development. The continued negative impact and material detrimental impact on my private residential community is a trespassing issue. The commercial forest that is referred to in this commercial development connects this commercial development to my private residential community encouraging quests from this commercial development to walk onto our private street in the front of our homes. This commercial development will continuously be bringing in people from out of our area that have no interest in our community or the quality of life or respect for the existing residential homes. This commercial development should be in an area that will not have a direct materially detrimental impact on the quality of life for the existing residential developments. My concern is the material detrimental impact this commercial development will have on my private residential community in which I live. This 5-acre private residential community has 7 single family homes, a 35-acre community with 2 residents per home. The traffic level is 2 cars per residence and 2 members per home. The noise level is low, several residents are volunteers for this wonderful community in which we have chose to retire; they are up early to begin their day and several are in bed by 6 or 7 in the evening. The hours of operation of this commercial Exhibit 78a Page 0006 2 development with the impact of noise and traffic far exceed the existing traffic and noise levels. The fume emission from the increase of traffic from the commercial development will sufficiently affect our air quality. It is realistic to say that the traffic and noise levels will have a materially detrimental impact on the existing life of these residents and our community. When I bought my residential property, I did my research knowing there was open space adjacent to my private community. I was comfortable in my purchase of this lot to build my forever residential home in this private community based on my research for the following reason; this adjacent property is approximately 20 acres, the surrounding areas are zoned for residential large acre lots of 5 acres or more, not allowing subdivisions, therefore if this land was developed in this rural residential community the maximum of 4 homes would be developed. This would increase the level of traffic by 8 more cars and the noise level would continue to be consistent with the existing residential community in the area. The Pomona Woods commercial development as proposed drastically changes the whole dynamics of this residential community from 8 cars to 30+ cars; traffic levels increase by allowing ingress and egress on a continuous daily route. The noise level will increase from 8 people to approximately 55; this is based on 2 people per room of this proposed 24 room plus housing for workers and ground keepers. As stated, is materially detrimental to my existing residential community. This is an open space rural residential community, I will address the noise levels; in an open space area, sound travels, the noise of this commercial development in this open space area will carry the noise of this development as if it is in our back door. If you ring a bell in an open space area in ones back yard that sound will carry for miles. Pomona Woods proposes outdoor activities for up to 50 guests the noise level of these activities on a daily basis will be heard in our residential area as if they are in our backyard. Exhibit 78a Page 0007 3 None of us in this quiet residential community purchased our dream homes with the idea that we would be faced with a commercial development in our residential neighborhood, this should have been disclosed at the time we purchased our homes that one day a commercial development could be approved in our residential neighborhood. I purchased my property with the vision that there may be 4 more residential homes built in the future, not that a 24-room commercial development would be in my residential area. If the existing residential neighbors should decide to sell their homes, this will be a labor some process, not many people with the composite of our community will want to purchase a home with a commercial development in their back door. Prior to this commercial development, this was a very desirable residential community. This commercial development will be materially detrimental and will also lower the value of our homes in which we all have invested in. I realize this is a financial issue not an environmental issue, but it is a real issue for all of us that are retired and on a fixed income. I worked in a big city with noise and traffic, in looking for a place to retire the number one priory was low traffic and noise. I found my dream forever residential retirement home with open space in the area in which I live. If this commercial development is approved, you will shatter my dream as well as many other surrounding homeowners dream by subjecting this quiet residential community with the continuous traffic flow and noise of a commercial development. This project should be in a commercial zoned area not in a private residential zoned area. The County has received numerous letters from homeowners voicing their concerns and articulating how this commercial project will have a materially detrimental impact on their quiet residential community in which we all currently live. Exhibit 78a Page 0008 4 THREE CONDITIONS SHOULD BE ADDED TO THE CUP 1. THE RECREATIONAL USE IS FOR GROUPS ONLY NO INDIVIDUAL OCCUPANCY OR USE 2. THE SIGNAGE SHOULD BE LIMITED TO A 2 FOOT BY 4 FOOT SIGN AND WILL NOT BE LIGHTED OR ILLUMINATED Sign, the language in the application and the staff report states it is for large groups, not individuals booking a room, therefore, it is not necessary to have a large or lighted sign to attract for this commercial business for drive by traffic to stop in to visit this business. I researched the Signage from a new ABAB the sign sits back off of the main road in the ABAB driveway, this is the perfect signage for a commercial business in a residential neighborhood. 3. 2 TO 3 FIRE HYDRANTS TO BE INSTALLED TO SUPPORT THE POTENTIAL FIRE DANGER FOR THE SURROUNDING PROPERTIES FOR A COMMERCIAL DEVELOPMENT OF THIS SIZE The policy as Stated in staff comment by Policy LU-P-26.2 (c): (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel. This development WILL HAVE a materially detrimental impact on residents in the surrounding area of the development for the following reasons as stated above are only a few of many impacts on residents and therefore the CUP TYPE III should be denied. I would like to address how this development is materially detrimental to the surrounding residents and community. Exhibit 78a Page 0009 5 MATERIALLY DETRIMENTAL The policy as Stated in staff comment by Policy LU-P-26.2 (c): (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel. This development WILL HAVE a materially detrimental impact on residents in the surrounding/vicinity of the subject development for the following reasons and therefore the CUP TYPE III should be denied. Staff states: Staff Comment: The primary use of property in the vicinity is residential, there is an EXPECTATION that owners of residential property have a right to the peaceful enjoyment of their property, especially since they use their property for living and sleeping. Therefore, any impact from neighboring property that could affect that use could be considered MATERIALLY DETRIMENTAL. The proposed use of the subject property is also residential, as well as recreational, tourism and commercial. Based upon prior permitting of commercial uses adjacent to residential uses in Jefferson County, likely impacts to residential use from commercial activities are primarily noise and traffic, with visual impacts such as light and bulk from structures that are not screened from view. Under the current proposal, most long-term noise will be generated by delivery vehicles and small group gatherings that congregate outside in landscaped areas. A further discussion of compliance with this criterion may be found below in sections (3)(d) and (3)(e). As pointed out by Staff, the long-term noise and traffic, and visual impacts are materially detrimental impacts on the residential neighborhood. Exhibit 78a Page 0010 6 (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Staff Comment: DCD has reviewed the application and concludes that the proposal will not introduce unreasonable noise, smoke, dust, fumes, vibrations, odors, other conditions for which unreasonably impacts existing uses in the vicinity of the subject parcel. As a property owner in this residential neighborhood, I disagree with this determination for the following reasons: NOISE The gathering of 50 people outdoors in a rural open space area sound travels for miles. Our current environment is quiet and peaceful. The activities will interrupt our sleep, and peaceful, quiet community. Staff Comments: The property owner has proposed to live on-site to monitor noise and other impacts. Most of the proposed group meetings are to be held indoors. This statement is contradictory to the statements that have been said throughout this report. It has been stated numerous times throughout this report that this commercial development is an outdoor recreational development. In compliance with noise regulations of JCC 18.30.190 and JCC 8.70.050, guest arrival or departure and outdoor activities will only be allowed to occur between 8 AM to 10 PM. Noise generated from constructions activities will be limited to 7:00 AM to 10:00 PM. These hours are established hours for a commercial complex. This area is not a commercial center. It is a retirement rural residential community. Many of the residents in this surrounding community are a sleep by 6:00- 7:00 p.m. every night. Exhibit 78a Page 0011 7 THESE HOURS AND INCREASED NOISE ARE NOT ACCEPTABLE IN A RESIDENTIAL COMMUNITY Deliveries by commercial trucks shall occur during normal business hours (8:00 AM-5:00 PM). The commercial delivery trucks in an open space residential community. This raises the noise level Thermador even higher. If you took a survey in a residential area and asked the question: having a commercial delivery truck making a daily and possibly a multiple daily delivery in your residential neighborhood, be acceptable to you; you would receive a unanimous NO ANSWER to this question. IT IS NOT A REASONABLE REQUEST TO ASK AN EXISTING RURAL RESIDENTIAL NEIGHBORHOOD TO BE TOLERANT OF THIS KIND OF DISRUPTION AND INCREASED LEVEL OF NOISE AND DISTURBANCE IN A QUIET, PEACEFUL, RESIDENTIAL NEIGHBORHOOD. Based on the STATEMENTS OF MATERIALLY DETRIMENTAL TO THE SURROUNDING RESIDENTS for these reasons the CUP TYPE III should be denied. MATERIALLY DETRIMENTAL FACTS FOR DENIAL THIS DEVELOPMENT BY THE EMISSION OF SMOKE, DUST, FUMES, ODORS, COMPROMISES THE GOOD AIR QUALITY WE HAVE ENJOYED FOR 17+ SMOKE This development proposes outdoor firepit gatherings, this will far exceed any normal residential firepit gathering. A residential firepit activity may be 1 time per month and that is being generous. A commercial development that is marketing this activity will have a daily firepit activity and may be multiple times per day. Exhibit 78a Page 0012 8 DUST The generation of additional traffic and delivery of products for this business will add a significant amount of dust in the residential housing developments. FUMES The additional emission for the car and traffic will cause to present bad air quality. ODORS The diesel fumes and gasoline fumes are not present in the existing residential community to the level that this 50-person commercial development will create. Commercial development belongs in a commercial area where noise, delivery trucks, waste disposal, traffic, large groups of people gathered for outdoor activities, not in a quiet, peaceful rural residential community where the residents have enjoyed this natural environment for years. MATERIALLY DETRIMENTAL TO THE SURROUNDING NEIGHBORS IS A QUALIFYING FACTOR TO DENY THIS PROJECT BY NOT APPROVING THE CUP TYPE III The development as proposed is not harmonist with the existing residential community. THIS IS A QUALIFYING FACTOR TO DENY THIS PROJECT BY NOT APPROVING THE CUP TYPE III Exhibit 78a Page 0013