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HomeMy WebLinkAboutRE_ 163 3rd Ave S (2) Bruce Castleton From:Shawnee Powers <floatmagicvalley@gmail.com> Sent:Friday, May 10, 2024 9:19 AM To:Lisa Strickland Subject:Re: 163 3rd Ave S Attachments:Letter to commisioners for SUP on letterhead.docx; Documentation from Observers.docx \[EXTERNAL SENDER\] Good Morning, Thank you for the information. I am going to attach my statements and documentation to this email and will also attempt to upload it to the link provided. I will plan to prepare a shorter statement for Tuesday evenings hearing. Thank you for your assistance and clarification on this process. I appreciate the guidance. Shawnee On Thu, May 9, 2024 at 2:04 PM Lisa Strickland <LStrickland@tfid.org> wrote: Shawnee, The sooner you have this information submitted the better, you can either use this link and submit via the city public comment page, you can drop something off her at my office, or you can send your comments to me via email. In order for it to become part of the agenda packet for the commissioners to read ahead of time you will need to have them to me no later than 10am tomorrow May 10, 2024. You can also speak at the meeting if you choose and you are correct you will have 2 minutes to speak and the applicant will be given the opportunity to address any comments made during the public hearing. Thank you, Lisa 1 From: Shawnee Powers <floatmagicvalley@gmail.com> Sent: Thursday, May 9, 2024 9:29 AM To: Lisa Strickland <LStrickland@tfid.org> Subject: Re: 163 3rd Ave S \[EXTERNAL SENDER\] Good Morning, I wanted to be sure I was clear on understanding when any testimony or written information should be submitted from me for consideration in the hearing. I have some statements prepared that outline most of what you and I have discussed regarding this SUP, but there have been a few other items that should be included with discovery and conversation with architectural and engineering discussions. I also wanted to clarify that I have 2 minutes to speak? I have some written testimony covering observation of impact from clients and employees when we did the drop testing earlier this week. Should I include those as well? Shawnee On Tue, Apr 9, 2024 at 2:08 PM Lisa Strickland <LStrickland@tfid.org> wrote: Shawnee, Yes should you decide to appeal you are responsible for sending letters and posting the public notice sign for the hearing. During this process there will be activities in the building, they are allowed to do cosmetic things inside the building but have been told that is at their own risk should the special use permit not get approved. She has told me more items will be delivered to the site and she will be painting and installing new flooring, as well as 2 getting wi-fi installed. As I said before, there will be some disturbances but I have made it clear they cannot operate as a gym in the building until all of the permits have been approved. As for your rights we do not have any regulations related to construction disturbances but if it does get out of hand you can report a nuisance to the police department. We are going to have to be patient, should the appeal period pass and the special use permit is approved with conditions that are not followed or implemented without success, you can request that the Planning & Zoning Commission consider revocation of the Special Use Permit. This requires staff to bring the request to the Commission to get direction on whether or not they want to take another look and if there is enough information to proceed with the revocation process. We will continue to work with the applicant regarding your concerns, however the final decision to approve, deny or condition the special use permit is left in the hands of the Planning & Zoning Commission. Lisa From: Shawnee Powers <floatmagicvalley@gmail.com> Sent: Tuesday, April 9, 2024 11:19 AM To: Lisa Strickland <LStrickland@tfid.org> Subject: Re: 163 3rd Ave S \[EXTERNAL SENDER\] Good Morning, 3 I greatly appreciate that update and information. I will be sure to follow the process to get my concerns addressed. A question I have; is it my responsibility to post the public notice signs and mail public notice letters or just to submit the application for the process? To document the moving and construction being done on the building we have not heard much of that process. Unfortunately it is the "normal type of activity occurring at the gym" that has created disturbances. It's very apparent when they are dropping weights as we can pinpoint exactly when the weights are dropped. This happened last Tuesday afternoon and again Friday morning and early afternoon. We did hear some banging and vibrations this morning as well, but they were more intermittent. I would gladly invite the architect involved to come over to our building while they are dropping weights so they can be aware of the impact. I did invite Becky over to witness it as well, but they have not come over during weight lifting to assess. I do have documented texts where it was confirmed they were lifting weights when it caused us concern and when I walked over to the building there were two individuals present lifting and dropping weights. Becky did state they would be racking weights and not dropping as often, but I am not sure that will resolve all of the issues if they ever choose to drop weights in the future. I have and will continue to address these concerns with the owners as I am being very transparent with them in this process and voicing my concerns. During the permitting process, what rights do I have to protect our clients from the disturbances that are created while they are weight lifting? I understand we are going to have to be patient during construction, but as I stated above, that has been less disruptive than the actual activity of lifting weights that they are currently engaging in and will be conducting on a regular basis after their business is in operation. Again, I greatly appreciate your communication concerning this special use permit. Gratefully, Shawnee On Tue, Apr 9, 2024 at 7:52 AM Lisa Strickland <LStrickland@tfid.org> wrote: Shawnee, 4 We had a meeting yesterday with Becky Chambers regarding her request for the special use permit for the CrossFit gym. We explained to her that the application is under review and that we will be scheduling the request for the May 14, 2024 Planning & Zoning Commission Meeting. We spoke with her regarding the noise and vibrations that occurred last week and that you are concerned with the impacts this may have on your business. She explained that they were moving equipment in and that would not be the normal type of activity occurring at the gym. She does have more equipment being delivered this Thursday so it may be disruptive again later this week. I explained she should contact you to help her understand your concerns. I have also reached out to the architect Becky has been working with and explained the concerns and asked that she discuss options for noise and vibration reduction. In my discussions with the architect I asked that she get a detailed description of the business plan, classes, times, number of participants, types of exercises that will be performed and where in the building different types of equipment will be used and where classes will be given. There are things she will need to do to get up and running that require her to submit for a building permit. The requirements of the building permit will need to be complete and final approved for her to get an occupancy permit for the space and begin running her business. This will also take some time as she has to provide an ADA bathroom and she will need to repair sidewalks and several other things to bring the building up to code. While this is underway there will most likely be a disturbance to your business as you mentioned when the other near by building was being remodeled. I suspect this entire process is going to be quite a lengthy process and we may not know until all of this is completed how the day to day operations of the gym will impact your business. During the public hearing you will have the opportunity to voice your concerns and the commission will be able to take those into account when making their decision. Should they approve the request you will have 15 days from that date to submit for an appeal to City Council. The appeal process require you to submit an application, post public notice signs, mail public notice letters and be scheduled for a public hearing in front of Council. 5 I realize this may or may not be helpful information but I hope it offers some clarity. Lisa Strickland City Planner From: Shawnee Powers <floatmagicvalley@gmail.com> Sent: Monday, April 8, 2024 9:36 AM To: Lisa Strickland <LStrickland@tfid.org> Subject: Re: 163 3rd Ave S \[EXTERNAL SENDER\] Thank you for letting me know. To document one other concern I addressed with them directly and didn’t outline in my email is how many of their workouts they may take outside in their future parking lot. I’ve been told by individuals familiar with CrossFit that outside workouts are a common occurrence, specifically tire challenges. If that does occur, it’s increasing the chance for noise disruptions and vibrations. I’m hoping there will be some parameters to what they can and can’t do outside along with taking measures to absorb shock from the dropping of weights. The owners have stated to me the only thing they will be doing outside is running around the block. I can’t imagine this would cause much disturbance as long as they are not running in packs of large numbers and avoid the alley, which they stated they would be avoiding. I’m open to working with the owners and I have voiced these concerns to them and they have been receptive. I have also invited them into my building for sound checks, they tested for music, but they haven’t come over during weight drops to assess. They have stated they will be racking weights, which should help significantly . As long as no one is dropping weights, vibration should be mitigated. My intent in sharing this information is to be sure it is documented appropriately through this process. I appreciate your time and attention to my concerns. I’ll watch for your communication after you meet. Gratefully, 6 Shawnee Shawnee Powers, Owner -Float Magic- office: 208-933-2620 cell: 208-241-1837 www.floatmagicvalley.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. On Mon, Apr 8, 2024 at 8:23 AM Lisa Strickland <LStrickland@tfid.org> wrote: Shawnee, I wanted to let you know that I have a meeting scheduled today with the special use permit applicant for the crossfit gym. We will be discussing the concerns you have raised and I will follow up with you afterwards. Lisa From: Shawnee Powers <floatmagicvalley@gmail.com> Sent: Friday, April 5, 2024 1:17 PM To: Lisa Strickland <LStrickland@tfid.org> Cc: Will Klaver <wklaver@tfid.org> Subject: 163 3rd Ave S 7 \[EXTERNAL SENDER\] Hello Lisa, Thank you for reaching out to me on the building behind ours and the request for a special use permit to allow a CrossFit Gym. I have had conversations with the owners and instructors on some of the concerns we have and want to let you know they have been open to these conversations and have exhibited understanding on what we are trying to protect. I am also trying to do my due diligence on making sure my concerns are understood and documented through the permitting process, thus my reach out to you. My biggest concern is the noise pollution, vibration and disruption it would bring to our business. We have floatation suites that we have invested a lot of money and structure in to provide an environment that allows for limited stimulation to come in. This is an extreme benefit to the autonomic nervous system in helping individuals with stress, anxiety, pain, inflammation, autoimmune disorders and so much more. We took measures to combat sound and vibration to allow for this sensory deprived experience. Unfortunately, when heavy weight is dropped it is very difficult to combat against that and today as they are dropping heavy weights onto the structure they have, it shakes our entire building. I wanted to test our float suites to see if the sound would carry and it most definitely did, I could tell anytime they dropped their weights and it was as if they were dropping right outside our building. I have also had clients state today they can hear the activity over there during their floats and it's been disruptive. We successfully lived through the tear down and building of the apartment complex across the street and even though at times that was disruptive, mainly during digging and tear down, it did not cause the same level of vibration that we are experiencing now. I am not sure what my rights are to protect my business and the time and money I have invested. I own my property and when looking for a place to build, I sought after something that was free of the elements that would adversely affect the services we provide. Understanding I can't control what other businesses do in their own buildings, gyms in close proximity to float businesses have generally been devastating, forcing many centers to close. I am writing to you both so you are aware of our concerns and happy to have conversations to work toward resolution. Even as I sit in my office and type this we are hearing the boom of the weights dropping. At this point I am trying to rack my brain of a viable solution and with the extreme concussive force that CrossFit and powerlifting exudes, there is just no way I can combat it. Any direction or help you can offer would be much appreciated. Best, 8 Shawnee -- Shawnee Powers, Owner -Float Magic- office: 208-933-2620 cell: 208-241-1837 www.floatmagicvalley.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 9