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PZ - Narrative Spurwing Sewer, Water and Emergency Vehicle Easement Annexation Project Narrative RE: Olivetree at Spurwing Subdivision (Emergency Vehicle, Meridian Sewer and Suez Water Maintenance Access Road) — Portion of Golf Course Lot 2, Block 1 Spurwing Subdivision) The current owners of the subject property, Spurwing Corporation (John W. Hewitt, President), General Partner of Spurwing Limited Partnership; and Pacific Links, Limited Company (John W. Hewitt, Manager), are requesting annexation with a zoning of R-4 for a 0.602-acre portion of property that contains a City of Meridian 12-inch sewer main line, Suez 8-inch water main line and a proposed emergency vehicle access easement. The developer of Olivetree at Spurwing was required, as conditions of approval, to extend Suez Water within the golf course to the development and provide a secondary emergency vehicle access (see Exhibit 1). Spurwing Subdivision was recorded on July 6, 1995, under Instrument No. 95045763 (Book 69, Pages 7104-7108) and developed in Ada County (see Exhibit 2). The developer of Spurwing Subdivision was Spurwing Limited Partnership by Spurwing Corporation (John W. Hewitt, President) and Pacific Links, Limited Company (John W. Hewitt, Presiding Member). Lot 2, Block 1 was developed as Holes 2 and 3 of Spurwing Golf Course. Other improvements within Lot 2, Block 1, included ACHD storm drainage facilities, Suez water main lines and a 20-foot-wide \emergency vehicle access connecting W. Balata Court with N. Spurwing Way. Lot 2, Block 1 is no longer in its original configuration after a Lot Line Adjustment was approved by Ada County in 2007, under ROS 7826 (see Exhibit 3). The lot was altered and reduced in size to the current 27.374 acres. Olivetree at Spurwing Subdivision was approved in 2007 by the Meridian City Council. The conditions of approval included the requirement for an emergency access drive 20 feet in width with an improved surface capable of supporting 75,000 lbs. in accordance with Appendix D103.5 and 6 of the International Fire Code (see Exhibit 4). Condition 3.9 required the emergency access to provide a 20-foot-wide swinging gate or rolling emergency access gate. The gate is required to be equipped with a Knoxbox ordered through the Meridian Fire Department. Meridian Condition 1.2.5 indicated the approval of the preliminary plat is contingent upon the Idaho Transportation Department's approval of the emergency access proposed to Chinden Boulevard. If ITD should deny this access request, the development would not be able to provide the two emergency access points required by the Fire Department for a development of this size. The applicant's representative prepared construction plans and submitted a Right- of-way Encroachment Application and Permit form to ITD on May 12, 2008. Permit 3-08-426 was approved by ITD on June 18, 2008 (see Exhibit 5), and the emergency vehicle access approach was installed at Chinden Boulevard. Due to the recession, construction of the subdivision was delayed, and the applicant received approval of multiple time extensions for the Olivetree project. In response to a request for time extension in 2014, ITD submitted a letter to the City of Meridian dated February 5, 2014 (see Exhibit 6), to the City of Meridian and then contacted Engineering Solutions concerning the existing emergency vehicle access approach at Chinden Boulevard. The letter stated that a new traffic signal was under construction, that the emergency vehicle approach conflicted with the intersection widening and signal pole location, and the approach would be removed as part of the intersection improvements. Around this same time, the City of Meridian approved a commercial development at the northwest corner of Ten Mile and McMillan Road which included a Walmart Store as the anchor. City and ACHD conditions of approval for the Walmart project required widening and signalization of the Ten Mile Road and Chinden Boulevard intersection. Pacland, on behalf of Walmart, submitted a Right-of-Way Encroachment Application and Permit form to ITD on February 11, 2014, and Permit No. 3-13-217 was approved on May 30, 2014 (see Exhibit 7), and the intersection was widened and signalized as per the permit. This necessitated an alternative emergency access be provided to the Olivetree project. The applicant met with the Perry Palmer, Meridian Fire Department, concerning an emergency vehicle access over the existing sewer and water main line easement. The modified emergency access location was approved by Meridian Fire Department on February 17, 2017 (see Exhibit 8). The gravel maintenance access was originally installed in conjunction with a City of Meridian sewer main line in 2012-2013. Meridian sewer was extended through the Olivetree project to provide service to the Challenge at Spurwing development. A sewer easement was granted by Pacific Links Limited Company on December 11, 2012, under Instrument No. 1121130813, records of Ada County, Idaho. Understandably, this gravel maintenance road deteriorated over time, reducing the width and depth of the gravel base. The applicant, Pacific Links, Limited Company, was required by the City of Meridian to improve the 20-foot-wide emergency vehicle and utility maintenance access by installing additional gravel (see Exhibit 9). Joseph Bongiorno of the Meridian Fire Department confirmed his approval of the emergency access on February 13, 2020. Suez, in their letter dated February 28, 2020, advises their preference to locate utilities in a roadway for ease of access. Chris Anderson of The Club at Spurwing reconfirmed their consent to the new emergency road easement, and requested installation of a concrete ribbon curb to keep the gravel confined within the 20-foot-wide corridor with a perma-bark cap. The perms-bark cap is consistent with other sections of sewer maintenance access roads within the golf course (see Exhibit 10). The access will be restricted to emergency vehicles and sewer/water maintenance vehicles. The maintenance road will not be used by the public, and two Meridian Fire Department approved gates with Knox boxes will be installed at the north and south ends of the access. The applicant was in the process of installing the concrete ribbon curb and gravel base within the sewer, water and emergency access easement when a stop-work order was issued by Ada County. Ada County informed the applicant that he could not proceed with the installation of the utility maintenance and emergency vehicle access without proper permits from Ada County. Ada County required the applicant to submit an Administration Modification application along with a grading and drainage plan for the gravel access. The applicant complied and submitted the application and construction plans. Ada County staff, on November 25, 2019" denied the Administrative Modification application. The applicant appealed the denial to the Ada County Board of County Commissioners. The application to install the emergency vehicle and utility maintenance road was denied by the Commissioners on February 12, 2020. The Board ignored the need for the City of Meridian and Suez Water to access their existing utilities and the life safety issue with a secondary access. The applicant submitted letters from Warren Stewart, the Meridian City Engineer, and from Robert Jensen, Suez Water Engineer, indicating that a gravel access road is necessary for proper maintenance of the sewer and water facilities. The Board ignored the letters and indicated the applicant could annex the area into the City of Meridian to obtain relief(see Exhibit 11). On June 9, 2020, Ada County filed a complaint against Pacific Links, Limited Company, Spurwing Limited Partnership, The Club at Spurwing and SW Loan, LLP (see Exhibit 12). The complaint contends the defendants constructed an unapproved emergency access road on the parcel. The complaint requires the applicant to remove all improvements and return the property to its preconstruction status. As the applicant cannot remove the utility maintenance and emergency access road because it is a requirement of the City of Meridian, Suez Water and Meridian Fire Department to install a 20-foot-wide access road. The annexation will allow completion of the improvement to the 20-foot-wide emergency vehicle access which is over a City of Meridian sanitary sewer main line and Suez water main line. Our intent is to complete the construction of the access and add two Meridian Fire Department-approved gates with Knox boxes at the north and south ends of the access. The emergency vehicle access will not be used by the public. The perma-bark surface will be consistent with other utility accesses within the golf course within Lot 2, Block 1 of Spurwing Subdivision. Ada County has received complaints from the Spurwing neighborhood due to traffic related to the electronic gate over the paved cross-access drive between Spurwing Greens and Spurwing Subdivision. Residents within Spurwing Greens have codes for the gate which have been disseminated freely among the residents and their guests. The Olivetree at Spurwing emergency access road has no relation to the gated paved roadway. The emergency access will not provide any residential interconnection between the subdivisions. Annexation into the City of Meridian will allow the emergency access road and the underlying sanitary sewer line to be within the City of Meridian's jurisdiction. All approvals for the sewer/water and emergency access have been obtained including Meridian City Council, Planning Department, Public Works and Fire Department. EXHIBIT 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIME HEARING DATE OF FEBRUARY 6,2007 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff.The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 All lots within the development shall conform to the dimensional standards of either the R-4 or the R-8 zone,depending on the particular zone in which they are located. 1.2.4 All lots along the north boundary of the subdivision shall have a minimum lot size of 10,000 square feet as shown on the plat dated 12-13-16 and required by Council at the 12-12-06 City Council meeting. 1.2.5 Approval of the preliminary plat is contingent upon the Idaho Transportation Department's approval of the emergency access proposed from Chinden Boulevard. If ITD should deny this access request, the development would not be able to provide the two emergency access points required by the Fire Department for this size of development. 1.2.6 Place a note on the face of the final plat that prohibits direct lot access to Chinden Boulevard except for the emergency access point approved with this subdivision. 1.2.7 Per UDC 11-3B-9C6, all open water ponds proposed on the site shall have re-circulating water and shall be maintained so that they do not become a mosquito breeding ground. 1.2.8 Provide fencing around the perimeter of the development, as proposed. Provide a 6-foot tall masonry wall along the north boundary of this site, as proposed during the October 19a' public hearing. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris shall be installed around the perimeter.Perimeter,common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.9 Maintenance of all common areas shall be the responsibility of the Spur-wing Patio Homes Subdivision Home Owners' Association. 1.2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals,exclusive of any natural waterway,that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.11 Underground,pressurized irrigation must be provided to all lots within this development. 1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT(PP-06-045) 1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 1I- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff.If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the Exhibit B—Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 be approved by the Public Works Department.Decorative lights require a streetlight agreement on file with Public Works prior to activation.All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants,and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department,and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500'apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2"outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18"above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3A All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 The emergency access drive shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 The emergency access drive shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs, 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building,on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet(183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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Z Q Ojt - wdw Z wJ z N Kn] 1> mjo tuts p wa WZ[-i y FQz o UO ^..r.WUS W m arW IaILLZ�NZ 06 IYi IWWA �q < f 26p tj<wN Z 60 <pW 2 FFYO< aQ KFU o Z� Y W DQ YFI- 3 CW JHO 3 QSWj QO �w UZ OJ pa 6 = WO J0= N 00 ajzlwa W UNVI..Q �O 'm'�OZ I 3 w� =o�w w� =0�6 �aw� w'z rcy WZO V U az ~yW� 3 Fp YKt"K 3 a� ¢n a o0 Sa of d O' NU zw.w. z NVf~ll� f 10 O m EXHIBIT 4 APPENDIX D D103.5Fire apparatus access road gates. Gates securing side of fire apparatus access roads more than 26 feet wide the fire apparatus access roads shall comply with all of the (7925 mm)and less than 32 feet wide(9754 mm). following criteria: 1. Where a single gate is provided,the gate width shall be SECTION D104 not less.than 20 feet"(6096 mm).�Where a fire apparatus COMMERCIAL AND INDUSTRIAL DEVELOPMENTS road consists of a divided roadway,the gate width shall be not less than 12 feet(3658 mm). D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) 2. Gates shall be of the swinging or sliding type. or three stories in height shall have at least two means of fire 3. Construction of gates shall be of materials that allow apparatus access for each structure. manual operation by one person. D104.2 Buildings exceeding 62,000 square feet in area. 4. Gate components shall be maintained in an operative Buildings or facilities having a gross building area of more condition at all times and replaced or repaired when than 62,000 square feet(5760 m2)shall be provided with two defective. separate and approved fire apparatus access roads. 5. Electric gates shall be equipped with a means of open- Exception: Projects having a gross building area of up to ing the gate by fire department personnel for emer- 124,000 square feet (11 520 m2) that have a single gency access. Emergency opening devices shall be approved fire apparatus access road when all buildings are approved by the fire code offi cial. equipped throughout with approved automatic sprinkler 6. Methods of locking shall be submitted for approval by systems. the fire code official.` D104.3 Remoteness. Where two fire apparatus access roads 7. Electric gate operators, where provided, shall be listed are required,they shall be placed a distance apart equal to not in accordance with UL 325. less than one half of the length of the maximum overall diag- 8. Gates intended for automatic operation shall be onal dimension of the lot or area to be served,measured in a straight line between accesses. designed, constructed and installed to comply with the requirements of ASTM F 2200. D103.6 Signs. Where required by the fire code official, fire SECTION D105 apparatus access roads shall be marked with permanent NO AERIAL FIRE APPARATUS ACCESS ROADS PARKING FIRE LANE signs complying with Figure D105.1 Where required. Where the vertical distance D103.6. Signs shall have a minimum dimension of 12 inches between the grade plane and the highest roof surface exceeds (305 mm)wide by 18 inches(457 mm)high and have red let- 30 feet (9144 mm), approved aerial fire apparatus access ters on a white reflective background. Signs shall be posted roads shall be provided. For purposes of this section, the on one or both sides of the fire apparatus road as required by highest roof surface shall be determined by measurement to Section D 103.6.1 or D 103.6.2. the eave of a pitched roof,the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is SIGN TYPE"A" SIGN TYPE"C" SIGN TYPE"D" greater. NO NO NO D105.2 Width.Aerial fire apparatus access roads shall have PARKING PARKING PARKING a minimum unobstructed width of 26 feet(7925 mm),exclu- 18" sive of shoulders,in the immediate vicinity of the building or FIRE LANE FIRE LANE FIRE LANE portion thereof. D105.3 Proximity to building.At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet(4572 mm) and a maximum of 30 feet ---12"-- .� �.-12" �.--12"— - (9144 mm)from the building,and shall be positioned parallel to one entire side of the building.The side of the building on FIGURE D103.6 which the aerial fire apparatus access road is positioned shall FIRE LANE SIGNS be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall D103.6.1 Roads 20 to 26 feet in width.Fire lane signs as not be located over the aerial fire apparatus access road or specified in Section D103.6 shall be posted on both sides between the aerial fire apparatus road and the building.Other of fire apparatus access roads that are 20 to 26 feet wide obstructions shall be permitted to be placed with the approval (6096 to 7925 mm). of the fire code official. D103.6.2 Roads more than 26 feet in width. Fire lane signs as specified in Section D103.6 shall be posted on one 484 2015 INTERNATIONAL FIRE CODE® ' I I o Copyright©2014 ICC.ALL RIGHTS RESERVED.Accessed by David Montgomery on Mar 22,2016 2:32:13 PM pursuant to License Agreement with ICC.No further reproduction or distribution authorized.ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT,AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. EXHIBIT 5 l�� (Rev.09-06) Right-Of-Way Encroachment Application and Permit itd.idaho.gov ' Approaches and Other Encroachments Project Number(From ITO Highway Plan) Application Date I Number of Encroachments Permit Number Dollcz6- W.8 1 .3'r� .Z Route Segment C/L Milepost CA.'Station Access Control Type(i.v) SH 20/26 0 IQ 3tl.,a65- Right❑ Left 6 1,y;0.,3r Right❑ Left® /I/ City and/or County Township-,Range;Section Roadway Type(Urban,Rural) Number of Lanes Meridian City,Ada County T4N, R1W Section 23 14rA0.1 2 Median Type(Raised.Painted,etc.) Traffic Impact Study Required Appraisal Required Application Fee Inspection Fee(if Req'd) Performance Bond(If Req'd) ❑ ❑ $75.00 $ $ Encroachment Type When permitting multiple encroachments,attach additional sections on Page 3 New Approach Existing Approach Modifications(Select all that apply) Approach Width(Without Flares) Culvert(If Required) Location ❑ Width ❑ Use❑ 20' Length Diameter Approach Type: SF Residential❑ MF Residential ❑ Commercial ❑ Agricultural ❑ Joint Use❑ Distance From Nearest Approach(both directions,both sides of roadway)—Show on Plan Approach Volume Aligns with Ten Mile Road Approximately 13.5'from centerline to centerline Vehicle Trips Per Day 0 a Sight Distance GPS Coordinates a -t Right(ft) infinit Left(ft) infinit Posted Speed 50 Latitude Longitude Elevation(ft) 2559+ Remarks(Attach additional sheets if needed) The approach is for emergency access only. There will be a gate at Chinden Blvd and also at W. Crantini Drive Other Specify Type(i.e.:Landscaping,Benches,Bus Turnout,etc.) Encroachments Include the following: 1. A completed Encroachment Checklist, applicable ownership documents, multiple approach permit sheets. 2. Written authorization from the owner or signature of joint user(when required). 3. Plans or drawings(3 sets)showing proposed work, approach locations, drainage details, landscaping, striping plans, and traffic control. (Include department roadway alignment or project plans when available.) 4. Special Provisions, Traffic Control Plans, Environmental documents and any other required permits. certify that I am the owner or authorized representative of the property to be served and request permission to construct the above facilities within the State Highway Rights-of-Way in accordance with the general provisions specified on page 2 of this form and any special provisions or plans made a part of this permit. I further certify that I have obtained and provided a copy to the Idaho Transportation Department(ITD) of all other required governmental approval to perform the work authorized under this permit. I further understand that this permit shall be void if all work has not been completed within one year of permit issuance and a final inspection and approval from ITD has not been obtained. Owner's Name(Printed) Address City State Zip Spurwing Limited Partnership 200 North 4t'Street, Suite 203 Boise ID 83702 Owner's Si nature --.....� Phone Number Fax Number 208-890-1430 208-377-9215 Autho (Printed) Address City % State Zip Ol114eer7 S'l4.Via',r �o�� �. ,�os�r�o , to o ,etc r-/ c� Aut rized Re resen v Phone Number Fax Number 4fe14 4L-7 Subject to 4WIterms, conditi s, and provisions shown on this form or attachments, permission is hereby granted to the above- named applicant to perform the work described. Local Government Approval When Required Department Approval Signature Title Date Siigna Issup Date rw qtplp g Note: Permit will be considered Temporary until final inspection and approval by a department representative. EXHIBIT 6 1DAMp IDAHO TRANSPORTATION DEPARTMENT P.O.Box 8028 Boise, ID 83707-2028 (208)334-8300 itd.idaho.gov z � PQ o9rgrloN p�Q February 5,2014 Machelle Hill Meridian City Clerk's Office 33 East Idaho Avenue Meridian,Idaho 83642. VIA EMAIL Re: TEC 14-001 Olivetree at Spurwing The Idaho Transportation Department has reviewed the referenced time extension request for the Olivetree at Spurwing Subdivision north of US 20-26 and east of Ten Mile Road. ITD has the following comments: 1) ITD has no objection to the requested time extension. Any change in the preliminary plat will require a new level of analysis by the Idaho Transportation Department. 2) The applicants and the City should be aware that a traffic signal is under construction at the US 20-26 intersection with Ten Mile Road. A new site approach is being constructed but the signal design does not include facilities for southbound traffic from this subdivision. The applicants should contact ITD Development Services at 334.8377 before proceeding with project design and construction. If you have any questions,you may contact MS ShonaTonkin at 334-8341 or me at 334-8377. Sincerely, vr - Dave Szplett Development Services Manager dave.szplett@itd.idaho. oovv t EXHIBIT 7 * Ilia Might-Of-Way Encroachment Application and Permit ITD 2111 (Rev.07-28-11) Other Encroachments Ild.idaho.gov t Idaho Transportation Department a► err x� ITD Permit Application Number 3 /3"-Z/7 Route ' I Milepost �- Applicant Information-Print or Tye State zip code Applicant(s)Name(Printed) Mailing Address or P.O.Box City PACLAND 606 Columbia St NW Olympia WA 98501 E-Mail Address((f available) Daytime Phone Number Alternate I'hona Number iverh�.y@pacland.com 360-786-9500 NIA Property owner's Name(Printed) Properly Address and TAX ID Number City(If in oily Ilrnils) County Walmart Stores,Inc. 5009 N.Ten Mile Rd.Parcel# Meridian Ada County SO427449820 Request Detail(i.e.:,landscaping,benches;bus turnout;etc.) Roadway widening and associated improvements for the installation of an eastbound right turn lane and extension of the westbound left turn lane along Chinden Blvd,(US 20.26). For ITD Use Project Number From ITD=:iw;aYP1anDate Application Received Date Application Determined Complete in City Limits V\er a r3 yes No Route Segment OIL Milepost 1011-Highway Station US C . � ��s t�a � Right E,Left ..._ [I Right ❑Left Site Distance Reason If Restricted to Right Or Left Right Left ITD District Review Recommendation Recommend_4-on Section Reviewer Date Section Reviewer Date Approve Den Approve Den Deli n ❑ ❑ Right-of-Way g . Maintenance ❑ ❑ Traffic ❑ ❑ Planner ❑ ❑ Dist.Engineer ❑ List any conditions of approval List reasons)#or denial recommendation Attachments. Special Provisions/Conditions of Approval ❑Construction Drawings ❑Traffic Control Plan ElDept. Roadway Plansheets Standard Drawings ❑Letters of Recommendation/Denial Upon signature of both parties,subject to all terms,conditions,and provisions of this permit or attachments, permission is hereby granted to begin work within the State Highway Right of Way. Property Owner/Authorized Representel v's Signs a bate Phone Number Idaho Tran o i Dep ment Authorized Representative's Signature Title i�, Date r x 130 Page 1 of 2 AO A HD low"', G'd►1wulaza-rp CG .Fire Department Approval City of: ❑ Boise �, Meridian ❑ Eagle ❑ Kuna M Star ❑ N.W. Ada Subdivision: Olivetree at Spurwing Date: February 17, 2017 Commercial Project: Engineer/Developer: Engineering Solutions, LLP/Spurwing LTD Partnership Local Fire Department officials-please check appropriate items for your approval F.D. In WaW Check Approved Items Reduced Street Section {approved width 36 } (standard fs 36'back of curb to back of curb) ❑ Roundabout ❑ Permanent Turnaround ❑ Temporary Turnaround 1!;j7 ❑ Emergency Turnaround Emergency Access Comments- - -- - Ada County Highway District•3775 Adams Street e Garden City,ID-83714-PH 208 387 617D•FX 387 6393•www,achd.ada.id.us i .Z- n °' OOOryN D^C� O^ '� N O �PmM NQ N N,O iI a04rvi oo�r•1 rvO aN;^N nncNnm oMaNio.rv-oN�o Nn�oNmn O,'„aI�O rvIV mONn�roN'oNo.=.p-oY^N.�N'N�' oY oo Mmo^ No mr.-,n ta r]N- D<-;O�Nv,no0m mtl,�MN oroOCm M-:2 n�Ob7ONNoNo MtONQ NOoOe N Nhry nn�NI�Yb 4y Oj -.wo� w3wa w3 33 P: 3: 3� a++i"3_33 w w333www w w www w3 www3w3333 w3w N ' m oa - Z O mPMY Sv0°' �• r�mV v�OOo NOO mOpaifmla mi,la i7m V-- ha a Fl T A W n�TNO OOohaap Nnn U h2 QC OGitl ' 'O 00 OONO ONZ,il r,� iII N-<O!1��;'�O<O NN<•hN N dyl_ y<a4MNN0 O nN Oi00� �.- O:-• m-- p o00 oQ p' N <n - hm n h N NN i0 O G e Y i.1.iU U CN� W OA OQ :�l'I ON O,00 Nm�m �9 QN ON O N O NYC 0000 n o?non Nn !nf ;�1C0 QY NmN NOp N�'I v N hly rNt N t��Y OO OHOi•,'OONO nOOGG O Om Om Om OnON00000i]M OAON Oi'10 iD 1�A<nifh0 a00: O TGr1 nV l`m mn�OONO,OmmOON W ecOmmMh vab I C h N N m Z N V N 2 H Z h N N Z O N Z t N 2 V Z Z Z Z H Z Z m 2 2 VI 2 Z Z z V Z N h P N Z 2 N N r Z Z Z 2 2 N y N Z Z N V Z 2 2 2 Z Z N O N N Z N Z Z O Z N 2 N Z H z FTOCD 2Zi �N✓I O m O,O-N n O dflss 0.-rvrv� I--- T------ N,O•f 1:-;, 11h�h J ,m'f �:-S. 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Shnison City Council Members IDIANI-.--..,,,,,�„,- � Joe Borton Treg Bernt Luke Cavener Public Works Brad Hoaglun Department Jessica Perreault Liz Strader February 12, 2020 Becky McKay Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, Idaho 83642 Subject: Gravel Access Road for City of Meridian Utilities Dear Mrs. McKay, For many years the City of Meridian has required water and sewer infrastructure installed in easements to have a gravel access road to accommodate regular operation and maintenance activities. Sewer lines and manholes must have regular cleaning in order to function properly and minimize odors. We also require the roads as a way to access the lines for emergency repairs such as pipe breaks. Standard drawing number (G2) in the City's Supplemental Specifications and Drawings to the ISPWC shows the requirement for the gravel access road. There are two different vehicles that routinely travel these roads to provide operation and maintenance activities. The first is a CCTV camera truck that is used to photograph the lines. This provides documentation of pipe conditions, and generates work orders for specific maintenance activities. The second vehicle is a hydro cleaner and vacuum truck that pressure cleans the manholes and sewer lines on a regular basis. This is a large and heavy truck. It carries hundreds of gallons of water in order to perform is cleaning activities and is critical in emergency situations. In the best of circumstances, this vehicle would cause severe damage to any grass or landscaped surface it drove on. If there is any moisture in the soil, the truck would simply get stuck and/or make huge ruts in the grass. It is not possible to provide proper operation and maintenance activities without a road that will support these vehicles. I have included photos of the trucks so you can see what they look like. Public Works Department . 33 E.Broadway Avenue,Suite 200, Meridian,1D 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org f the City is to continue to provide sewer service to the customers on this line then we must have the ability to properly operate and maintain the infrastructure.That requires a gravel road that will support the vehicles necessary to perform the work. Sincerely, Warren Stewart, P.E. City Engineer Meridian Public Works Department Page 2 of 2 ,. v. t' L Ir { I I EXHIBIT 10 f :T� February 13, 2020 Becky McKay Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 208-938-0980 RE: Olivetree at Spurwing Emergency Access Ms. McKay: I am confinning my approval of the emergency access running on top of the City of Meridian sewer and water line easement. The only requirement for the fire department is that you put a Knox padlock on each of the gates. This will limit traffic to fire department vehicles in the event of an emergency. If this access is denied, the Olive Tree project will be limited to 30 building lots until a secondary access can be worked out. If you need further information, please contact our office. Sin erely, 4 Jos h Bongiorno D uty Chief of Prevention Meridian Fire Department (208) 888-1234 CC: Warren Stewart; Bruce Freckleton; Eli Linan; Sonya Allen Meridian Fire Department . 33 E. Broadway, Meridian, ID 83642 Phone 208-888-1234 - Fax 208-895-0390 - www.meridiancity.org I I ' I I , LINE TABLE LINE NO. LENGTH DIRECTION I ' I ' I ' I ' I I POINT OF BEGINNING L1 121.45' S2047'29"W I N8903 I ---------- ------ ---- 333.-- ------------------------ L2 218.70' S0055'42"W C11 I C10 ; L3 63.43' S14052'25"W o)j L4 98.16' S79001'19"E �G2 L5 93.24' N79001'19"W �'(} L6 63.43' N14052'25"E L------------------------------------------------J1I I L7 219.03' N0055'42"E -------s------------------------------------------, �!g CT L8 121.96' N2047'29"E I d L9 29.81' N13018'57"E 9 I I I I CURVE TABLE Lo Zo I 1 Lf - Q i CURVE LENGTH RADIUS DELTA BEARING CHORD rn � O N co W I j -N C1 60.68 101.57 34013'45" S26020'21"E 59.78 w m J EMERGENCY VEHICLE ACCESS EASEMENT-� 00 I I_j C2 50.94 23.00 126053'59"S73005'47"W 41.15 EXISTING MERIDIAN CITY SANITARY SEWER-�j zcn Z I i C3 11.96 100.00 6051'18" S06013'08"W 11.96 &5 H EASEMENT INSTRUMENT NO.112130813 p¢p C4 48.68 200.00 13056'43" S07054'03"W 48,56 I I C5 45.89 28.00 93053'44" S32004'27"E 40.92 I I I C6 20.73 53.00 22°24'29" S24°47'52"W 20.60 SPURWING SUBDIVISION 20' I LOT 2,BLOCK 1 -�j I C7 78.66 48.00 93053'44" N32004'27"W 70.15 C8 43.81 180.00 13 56 43 N07 54 03 E 43.70 UI U C9 21.68 118.00 10031'28" N08003'13"E 21.64 lr 1 C10 31.76 46.01 39033'00" N30052'52"E 31.13 p C11 16.17 15.00 61046'47" N19045'59"E 15.40 EMERGENCY VEHICLE ACCESS EASEMENT---- �; I EXISTING MERIDIAN CITY SANITARY SEWER-��� � L4__ SPURWING SUBDIVISION EASEMENT INSTRUMENT NO.112130813 L FOUND BRASS CAP 22 23 _ _ _ W. CHINDEN BLVD. (STATE HIGHWAY 20/26)_ _ _ _ S1/4 CORNER 23 27 26 FOUND ALUM.CAP N89011'32"W 2627.62' - FOUND ALUM.CAP CP&F N0.2017072465 CP&F NO.2017072468 26 LEGEND ®� o SUBDIVISION BOUNDARY------- EMERGENCY VEHICLE ACCESS EASEMENT SECTIONLINE ------- -- EXISTING UTIUTY EASEMENT RIGHT-OF-WAY LINE FOUND BRASS CAP MONUMENT CENTERLINE FOUND ALUMINUM CAP MONUMENT x EXISTING LOT LINE ■ CALCULATED POINT-NOTHING SET OR FOUND X W 019 ENGINEERING DATE 17J062621 OLIVETREE AT SPURWING SUBDIVISION PROJECT NO. 130621 p DWG.FILE 130621-EXH.DWG LOCATED IN A PORTION OF THE SW 1/4 OF SECTION 23,TOWNSHIP 4 NORTH, scALE A- WN RANGE 1 WEST,BOISE MERIDIAN,MERIDIAN,ADA COUNTY,IDAHOSOLUT ION��Lp DRAWN BY KDH s SHEET NO. 1 OF 1 1029 N.ROSARIO STREET,SUITE 100 MERIDIAN,IDAHO 83642 °�011m sauno"s ms onnxvw cn w�covra"s EMERGENCY VEHICLE ACCESS EASEMENT EXHIBIT"B" VERNBY Ev EMewrwsau"a"a mmoownm eov¢ne�wav ar sxcueewe+c saunors avr nema°uenen ms w SF m uccwcan°n oP lemur m Its comers PHONE:(208)938-0980 FAX(208)938-0941 ,hnaur s cm Pwos wwtm"Pe wm.oP ex Ewr+c U saunaxs issmcRymowam C 1 EXHIBIT A OLIVETREE AT SPURWING SUBDIVISION EMERGENCY VEHICLE ACCESS EASEMENT A parcel of land located in a portion of Parcel"C"as shown on Record of Survey Number 7826,Ada County records,and Exhibit"B"; said easement being situated in a portion of the SW 1/4 of Section 23, Township 4 North,Range 1 West, Boise Meridian,Meridian,Ada County,Idaho,more particularly described as follows: Commencing in the SW corner of said Section 23; Thence along the west Section Line of said Section 23 N00°20'40"E a distance of 1577.33 feet to a point; Thence leaving said west line S89°39'20"E a distance of 333.53 feet to the POINT OF BEGINNING; Thence S 11°07'25"E a distance of 15.68 feet; Thence southeasterly a distance of 60.68 feet along a non-tangent curve to the left in which the radius point lies N80°46'31"E, a radius of 101.57 feet, and having a central angle of 34°13'45"; Thence westerly a distance of 50.94 feet along a non-tangent curve to the left in which the radius point lies S46°32'46"W,a radius of 23.00 feet,and having a central angle of 126°53'59"; Thence southerly a distance of 11.96 feet along a compound curve to the left having a radius of 100.00 feet and a central angle of 06°51'18"; Thence S02°47'29"W a distance of 121.45 feet; Thence S00°55'42"W a distance of 218.70 feet; Thence southerly a distance of 48.68 feet along a curve to the right having a radius of 200.00 feet and a central angle of 13°56'43 Thence S 14°52'25"W a distance of 63.43 feet; Thence southeasterly a distance of 45.89 feet along a curve to the left having a radius of 28.00 feet and a central angle of 93°53'44"; Thence S79°01'19"E a distance of 98.16 feet; Thence southwesterly a distance of 20.73 feet along a non-tangent curve to the left in which the radius point lies S53°59'53"E,a radius of 53.00 feet,and having a central angle of 22024,29"; Thence N79°01'19"W a distance of 93.24 feet; Thence northwesterly a distance of 78.66 feet along a curve to the right having a radius of 48.00 feet and a central angle of 93053'44"; Olivetree at Spurwing Subdivision Page 1 of 2 Thence N14°52'25"E a distance of 63.43 feet; Thence northerly a distance of 43.81 feet along a curve to the left having a radius of 180.00 feet and a central angle of 13°56'43"; Thence N00°55'42"E a distance of 219.03 feet; Thence NO2°47'29"E a distance of 121.96 feet; Thence northerly a distance of 21.68 feet along a curve to the right having a radius of 118.00 feet and a central angle of 1091'28"; Thence N 13°18'5 7"E a distance of 29.81 feet; Thence northeasterly a distance of 31.75 feet along a non-tangent curve to the right in which the radius point lies S78°53'38"E,a radius of 46.01 feet, and having a central angle of 39032'24"; Thence northerly a distance of 16.18 feet along a non-tangent curve to the left in which the radius point lies N390 18'48"W, a radius of 15.00 feet,and having a central angle of 61048'36" to the POINT OF BEGINNING. Said easement contains approximately 14,288.47 square feet, or 0.33 acres,more or less Olivetree at Spurwing Subdivision Page 2 of 2 SPURWING THE CLUB February 7, 2020 Pacific Links,Limited Company Attn: Jock Hewitt 1406 N. Main Street, Ste. 205 Meridian, Idaho 83642 Spurwing Limited Partnership Attn: Jock Hewitt 1406 N. Main Street, Ste. 205 Meridian, Idaho 83642 Re: Emergency Access Dear Jock: The purpose of this letter is to confirm that The Club at SpurWing, LLC as the tenant for the golf course had previously consented and does reconfirm its consent to the placement and construction of the emergency road easement required by the City of Meridian for Ulivetree at Spurwing Subdivision in its current location on our leased property. If any further confirmation is necessary with regard to the foregoing,please do not hesitate to contact me. Further, this letter will confirm that we have refused to grant to Pacific Links, Limited Company and Spurwing Limited Partnership any emergency access on the golf course property that may have been proposed in the prior years off Chinden Boulevard by a prior golf course tenant. Such an access would interfere with our ownership and development of the golf course and thus it is not possible. Sincerely, The Club at Sp rWing, LLC 0 By: , 'k Chris Anderson 6800 North Spurwing Way. Meridian, ID 83642.208-887-1800 sue2 Robert Jensen 8248 W. Victory Road Boise, ID 83709 Phone (208)362-7355 Fax(208) 362-3858 robert.jensen@suez-na.com February 28, 2020 Josh Mann Engineering Solutions LLP 1029 N Rosario Street, Suite 100 Meridian, ID 83642 Dear Mr. Mann: The purpose of this letter is to advise you that SUEZ would prefer to have our main, that provides a secondary feed for Olivtree at Spurwing Subdivision and runs through an easement, in a raodway for ease of access. This will allow SUEZ to more accuratly locate, operate, and maintain or facilities, as well as cause the least amount of disruption to surrounding properties and landscaping. I trust that this letter will aid you in the speedy process of this project. Best regards, Robe ensen Engineering Design Technician EXHIBIT 11 ADA COLJNIY Development Services Department w Megan M.Leatherman,MCRP Director November 25, 2019 Ada County Courthouse 200 West Front Street Pacific Links, Limited Co. Becky McKay Boise ID 83702 John Hewitt Engineering Solutions,LLP 208.287.7900 g g Fax208.287.7909 1406 N.Meridian Road, Suite 205 1029 N.Rosario St., Suite 100 www.adacounty.id.gov Meridian, ID 83642 Meridian,ID 83680 Department Divisions Building RE: PROJECT NUMBER 93018 CU-M Community&Regional Planning Enguieeriing&Surveying Permitting Dear Applicant/Owner; Planning&Zoning Submission of the application referenced above,Project No93018 CU-M,for an Administrative Modification occurred on October 2, 2019. Based on Ada County Commissioners staff s review of the Ada County Code,this application has been denied. Diana Lachiondo, First District Rick Visser,Second District This determination was made based on current information contained in Kendra Kenyon,Third District upon the public record and interpretation of the Ada County Zoning Ordinance. You may appeal-this decision to the Board of Ada County Commissioners. To do so,you must file the appeal within fifteen days of the date of this letter. The fee for filing an appeal is $350. This letter is to further inform you that to the extent a final decision has been made on a site-specific land use request,an applicant has the right to request a regulatory taking analysis under Idaho Code. If you have any questions,please call 208-287-7905 or via dsanders@adaweb.net. Sincerely, S Diana Sanders Associate Planner Ada County Development Services ADA COUNTY Development Services Department Megan M.Leatherman,MCRP February 14, 2020 Director Ada County Courthouse John W. Hewitt 200 West Front Street Pacific Links, Limited Company Boise ID 83702 1406 N. Main Street, Ste. 205 208.287.7900 Fax 208.287.7%9 Meridian, ID 83 642 www.adacounty.id.gov R Department Divisions E: PROJECT#93018-A Building Community Planning Dear Mr. Hewitt, Engineering&Surveying Permitting Strategic Planrdng This is to notify you of the action taken by the Board of Ada County Ada County Commissioners Commissioners on the application referenced above. Diana Lachiondo,First District Rick Visser,Second District The Board voted at their February 12, 2020, public hearing to deny the Kendra Kenyon,Third District application. The Board reached its decision based on the Findings of Fact and Conclusions of Law. This letter is to further inform you that to the extent a final decision has been made on a site-specific land use request, an applicant has the right to request a regulatory taking analysis under Idaho Code. If you have any further questions, please feel free to contact me at (208) 287-7913 or via e-mail at bdanielson@adacounty.id.gov. Sincerely, pa"_44*112 Brent Danielson, AICP Associate Planner Cc: Terry Copple,Davison,Copple,Copple,and Copple,P.O. Box 1583,Boise,ID 83701 Becky McKay,Engineering Solutions,LLP,1029 N.Rosario St.,Ste. 100,Meridian, 83642 EXHIBIT 12 Electronically Filed 6/9/2020 10:29 AM Fourth Judicial District,Ada County Phil McGrane,Clerk of the Court By:Nichole Snell,Deputy Clerk JAN M.BENNETTS ADA COUNTY PROSECUTING ATTORNEY JOHN CORTABITARTE Deputy Prosecuting Attorney Civil Division 200 W. Front Street,Room 3191 Boise,ID 83702 Telephone: (208)287-7700 Facsimile: (208)287-7719 Idaho State Bar No. 9794 Email: civilpafiles@adacounty.id.gov IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO,IN AND FOR THE COUNTY OF ADA ADA COUNTY, a duly formed and existing county ) Case No.CVO 1-20-09111 pursuant to the laws and Constitution of the State of ) Idaho, ) COMPLAINT Plaintiff, ) VS. ) PACIFIC LINKS, LIMITED COMPANY, an ) Idaho limited liability company; SPURWING ) LIMITED PARTNERSHIP, an Idaho limited ) partnership, THE CLUB AT SPURWING, and S ) W LOAN LLP ) Defendants. ) Plaintiff, Ada County, (hereinafter referred to as "County"), by and through its attorney of record, the Ada County Prosecuting Attorney's Office, pursuant to Idaho Code § 67-6527, which grants this Court jurisdiction and authority to order injunctive relief, complains of the Defendants, Pacific Links, Spurwing Limited Partnership, The Club at Spurwing, and S W Loan LLP (hereinafter referred to as"Defendants"),and says that: COMPLAINT-PAGE 1 I. This Court has jurisdiction pursuant to Idaho Code § 67-6527. II. This Court is the appropriate venue pursuant to Idaho Code§ 5-404. III. That County is a political subdivision of the State of Idaho. IV. Defendants own and/or utilize real property within the County, (hereinafter referred to as "Property"), namely: Township 4N, Range 1 W, Section 23, Tax Parcel # R8081770022. The physical location of the property is 6800 North Spurwing Way,Meridian, Idaho 83646.. V. Defendants constructed an unapproved emergency access road on the parcel. VI. A property owner and/or a property owner's authorized agent must obtain approval before any modification is done to a previously approved master site plan in accordance with Ada County Code (ACC § 8-4E-3F). Additionally, no constructions or alteration shall commence on any property until a valid zoning certificate has been issued(ACC § 8-7-1A). VII. Defendants submitted an application and requested approval of the emergency access road to the Ada County Development Services Department. V 11t. The Board of Ada County Commissioners heard evidence on the application and denied the application after finding that the request would adversely affect adjacent properties and after finding COMPLAINT-PAGE 2 that there existed an alternative route for the emergency access road. IX. The Board's denial was appealed,but was later dismissed with prejudice.That decision is now final. X. Upon information and belief,the unapproved emergency access road is still on the property. XI. County will suffer irreparable harm and injury by the continuation of Defendant's violations unless said violations are enjoined by injunction. WHEREFORE, County prays that Defendants be permanently enjoined by injunction from violating ACC §§ 8-7-1, 8-4E-3F; that Defendants be required to remove such violations; that Defendants be required to correct such violation and return the property to its preconstruction status; that Defendants be required to cease activity violating the Ada County Code; and that the Court grant attorney fees,costs, and any such other and further relief as it deems equitable. DATED this 9th day of June,2020. JAN M.BENNETTS Ada County Prosecuting Attorney By: /s/John L. Cortabitarte John L. Cortabitarte Deputy Prosecuting Attorney COMPLAINT-PAGE 3