2020-10-12 Steven B Leavitt
Charlene Way
From:Steven B Leavitt <StevenBLeavitt@outlook.com>
Sent:Monday, October 12, 2020 1:41 PM
To:City Clerk
Cc:Steven B Leavitt
Subject:Spurwing Sewer Easement Annexation AZ H-2020-0087
Attachments:AZ-H 2020-0087 GJS Comments 10.15.20.pdf
External Sender - Please use caution with links or attachments.
I have attached Greg Stocks submission to the city. I live at 2980 W Balata Court and my wife and I totally agree with his
email and attachment.
Thanks
Steve Leavitt
stevenbleavitt@outlook.com
801.870.7661
---------- Forwarded message ---------
From: Greg Stock <gregstock138@gmail.com>
Date: Mon, Oct 12, 2020 at 1:10 PM
Subject: RE: Spurwing Sewer Easement Annexation AZ H-2020-0087
To: <CityClerk@meridiancity.org>
Plase find attached for your info, my submission to the City
Please find attached my comments, consisting of this email and the attached file with my statement and supporting
exhibits.
There is no question about the validity of the City’s requirement for sewer maintenance access and that of a secondary
emergency access. However, there is equally no reason they need to be in the same location.
The City does not have to act to achieve its goals, Mr. Hewitt is under court mandate to restore the sewer and water
access.
th
Sewer and water main maintenance access existed prior to July 4 2019. Mr. Hewitt acted under cover of darkness over
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the weekend of July 4 2019, without benefit of permit nor permission of any sort, hoping that he could present this
access road as a fait accompli. Mr. Hewitt has the temerity to act now as if he is the aggrieved party, when in fact he is
trying to benefit from his own wrongdoing. Mr. Hewitt’s request for a secondary emergency road access has been
reviewed twice and found to have too great a negative impact on the existing neighborhood.
In the strongest possible language I urge the City to reject this annexation request and even more strongly ask that
they join Ada County in its action against Mr. Hewitt.
1
2
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,,ffekid cw ,7 ,a 83646
(2VS) 844-V4C5
C (2V2) 55C-329C
October 12, 2020
City Clerk's Office
33 E. Broadway Ave.,
Meridian, Idaho 83642
INRE: Spurwing Sewer Easement Annexation AZ-H 2O20-0087
Dear Sir or Madam;
The City must reject this offer of annexation by Jock Hewitt. In fact the City should strongly
consider filing its own law suit or joining Ada County in its law suit to compel Mr. Hewitt to
remediate the damage he has done. (Exhibit 1)
No one questions the City's requirement for sewer access nor the need for of a secondary
emergency access route. However these are separate issues and by attempting to combine these
requirements Mr. Hewitt continues to attempt to manipulate County and City government.
Mr. Hewitt and his associates would have you believe his offer to the City is completely
altruistic, that he simply wants to provide maintenance access and provide for public safety.
Factually maintenance access existed prior to July 4`h 2019. Since that date Mr- Hewitt has been
obligated to restore it! His request to combine this required access with a secondary emergency
access is no more than sleight of hand. This request has been reviewed twice and found not
suitable for such access. Mr. Hewitt is attempting to blackmail the City, by returning
maintenance access in exchange for approval of his emergency route.
Mr. Hewitt is currently under court order to restore the property to the condition it was in before
Mr. Hewitt's illegal, unpermitted work over the weekend of July 40'2019. (Exhibit 2) That
prior state included the required and approved sewer and water maintenance access. By rejecting
the "offer" of this minuscule, valueless piece of property,the City's requirement for sewer access
would still be met.
Mr. Hewitt's offer of this one sixth of an acre is no more than an effort by him to avoid the
jurisdiction of the Ada County Court. In two separate hearings in front of the Ada County
Commissioners, his request was denied. He has ignored the order of the Commissioners and of
the Court to remediate the property. Now he wants to make the City of Meridian complacent in
his attempt to avoid the jurisdiction of the Ada County court and aid him in escaping
responsibility for his actions. Frankly, if this land was of any real value and the City wanted to
annex it, Mr. Hewitt would be fighting tooth and nail to prevent that action!
In spite of Mr. Hewitt's thinly veiled attempt to couple his desire to build a secondary fire access
route with the City's requirement for sewer access,this annexation request is about only one
thing; maintenance access. All other issues raised by Mr. Hewitt and his representatives are no
more than smoke and mirrors.
Ada County reviewed these same facts and found that the requested location for a secondary fire
access route was not appropriate and the impact of such access on the existing neighborhood was
detrimental and that an alternate route was available. Ada County denied both Mr. Hewitt's
original application and his appeal. (Exhibit 3)
Those facts remain unchanged!
Mr. Hewitt and his planner, Becky McKay, would have you believe several points that are
factually inaccurate. Mr. Hewitt's original plan for The Olivetree Subdivision, had a permitted
secondary emergency access route via the intersection of Chinden and Ten Mile Roads. They
would have you believe that ITD, as part of the intersection improvements, canceled his permit
and permanently rejected his use of that route. While the first part of that statement is correct,
the second is blatantly false. ITD requested Mr. Hewitt resubmit a new plan and permit request.
In a letter of December 8th,2019, ITD stated they were not opposed to a single approach access
via Chinden and Ten Mile Roads. A review of Mr. Hewitt's ITD permit request shows it expired
for lack of action by Mr. Hewitt.
Even more questionable is an eleventh hour letter from Mr. Hewitt's friend Rod Wagner,
refusing Mr. Hewitt the ability to use the Wagner Farms entrance as part of an emergency access
route. It's highly suspect that Mr. Wagner's denial appeared in conjunction with Mr. Hewitt's
appeal of Ada County's denial was not part of Mr. Hewitt's original application
During the February 12, 2020 Ada County Commission meeting, Ms. McKay testified that she
negotiated an easement for Mr. Wagner to use a portion of Mr. Hewitt's Spurwing property
located adjacent to the entrance to Wagner Farms. She went on to say that she represented both
parties to the easement and went even further to say her ex-husband was contracted to do the
improvement work. On the surface this entire arrangement seems to represent a conflict of
interest. However, now Ms. McKay, Mr. Hewitt and Mr. Wagner would have us believe that
Mr. Wagner refuses to allow Mr. Hewitt to use a small portion of that easement. In a final point,
on the Chinden/Ten Mile route, there already exists a gate at the junction of Wagner Farm and
Spurwing, onto the golf course property at what would be the approximate beginning of the
original secondary emergency access. (Exhibit 4)
Ms. McKay on behalf of Mr. Hewitt would also have you believe that Suez Water"requires" a
road for access to their waterlines. Again this is not the case. I am in possession of a copy of the
letter Suez sent to Ms. McKay's associate Josh Mann regarding such access_ In that letter, Suez
Water states that it is their"preference"to have the main beneath a roadway. (Exhibit 5)
"Preference" is not a declarative word but simply represents a desire, not a mandate. If roadway
access was required by Suez, every house in Suez's area of operation would be required to
provide roadway access from the street across their lawns to the Suez meter. In my
conversations with Suez staff,they made it clear that they would take whatever steps necessary
to reach a water main,no matter what the surface_ This is simply a non-issue and more smoke
and mirrors raised by Mr. Hewitt and Ms. McKay to justify their position.
Again, access existed prior to Mr. Hewitt's July 4th, 2019 action!
Ms. McKay, in the July 14,2020 neighborhood meeting, required by the City, inferred that the
City of Meridian was already"on board" with this annexation request and the meeting was
simply to tell the neighborhood what was going to happen.
2
More importantly, she admitted that the true reason for attempting to force this route through the
Balata neighborhood was simply because The Club at Spurwing did not want it crossing the golf
course. Mr. Hewitt has a vested interest in the Club as the owner and lessor of the property.
Mr. Hewitt has submitted a letter from Spurwing the Club in which the Club refuses to grant
access across the course property for an emergency access route. This letter is dated February 7`h
2020 but was not included in Mr. Hewitt's Ada County appeal submission of February 12t'.
Notwithstanding,when the Club leased the property from the prior tenant the required
emergency access road from Ten Mile Road was a matter of public record.
Additionally, in his "Owners Statement on Appeal", submitted to Ada County Development on
December 6t', 2019, Mr. Hewitt, on page 1, states the Spurwing golf course land is owned by
Pacific Links LLC (Mr. Hewitt's entity) as the landlord and is leased to The Club at Spurwing as
the tenant. Further, in this same document as part of Statement 2, Mr_ Hewitt makes further
reference to the course ownership by his company Pacific Links LLC. It's clear that Mr. Hewitt
and Pacific Links have continually owned the land leased by The Club since at least 1994.
(Exhibit 6)
Spurwing the Club is attempting to deny Mr. Hewitt access to his own property.
Under the law a landlord has the right to enter and make reasonable improvements to his or her
property. A required secondary fire access road, is by all definitions a reasonable improvement.
The Club at Spurwing has no standing to deny Mr. Hewitt access for this purpose.
The aesthetics of the Club are no more important than the aesthetics of the home owners of
Balata Court's property. Our homes are private investments and occupied 24 hours a day, every
day, the golf course is a commercial enterprise and is not.
Regarding this July 14'h meeting, as part of this application,Ms. McKay submitted to the City a
sign sheet that reflects only five residents attended the meeting. For whatever reason this does
not reflect the true number of attendees of which I was one. That number is likely triple what is
reflected. I, for one, was not offered an opportunity to sign in.
As I said in my statement to the Ada County Commissioners, I am a retired Police Captain and in
that role I have also reviewed such emergency access requests.
In my experience,the best route for emergency access from a public safety standpoint, is that
which is most direct. The normal access route to the Olivetree Subdivision entrance at North Big
Cedar Way, is from Chinden Road, via N. Long Lake Way to N. Penncross Way to N. Spurwing
Way and then a very short section of West Balata Court onto Big Cedar Way. Mr. Hewitt's
purposed secondary access route incorporates all of this route. Logic dictates that any need for
alternative emergency access to the Olivetree Subdivision should not incorporate over half of the
normal access route.
The distance from Chinden to Big Cedar is one half mile, from Big Cedar to the proposed access
off the Balata Court cul-de-sac, is two tenths of a mile. Any obstruction between Chinden and
Big Cedar Way would also preclude use of the purposed emergency access off Balata Court.
Such an obstruction is more likely to occur on the route from Chinden to Big Cedar Way, due to
the normal congestion around the Club at Spurwing,than any other location. On a regular basis
vehicles are parked on both sides of the street as well as carts and pedestrians using the street.
3
Further exacerbating the potential delays inherent to this proposed route, are the three sets of
gates, which emergency equipment would have to navigate. Even with the required Knox Box
Key systems, after opening the first double gates at the Balata court cul-de-sac, which
themselves require 9.2 seconds to open wide enough for emergency equipment to enter,
emergency equipment must make a sudden sharp left turn and open a second set of gates to the
proposed access route, further delaying any response.
With completion of the improvements to Chinden and Ten Mile Roads, there now exists a four
lane direct route from Fire Stations 2 and 5,which are the most likely to respond to an
emergency in the Olivetree subdivision. (Exhibit 7)
Mr. Hewitt infers that the Fire Marshall's approval of the proposed access is another reason for
approval of his request. Fire Marshall Bongiorno expanded his two sentence "approval" email of
December 16th, 2019, on February 13"', 2020, the day after Ada County rejected Mr. Hewitt's
appeal. However, he still fails to recognize that the majority of the proposed alternate
emergency access consists of over one half of the normal access route, nor the Fire Marshall
mention the three gates or the potential congestion. Frankly,the Fire Marshalls only condition
for approval, i.e., "Knox Boxes" on gates would apply to any route and thus his approval bears
no more weight for this route than any other. It would seem that the Fire Department would be
concerned about approving the most expeditious emergency route than weighing in on sewer and
water line access.
It is also noteworthy that both the Suez Letter and the Fire Marshall's"approval" are dated after
the February 12t", 2020, denial by Ada County.
In the strongest possible language I urge the City to reject Mr. Hewitt's attempted manipulation
and reject his application for annexation. Mr. Hewitt must be required to comply with the
existing Ada County Court order and remediate the damage he has done. This would meet the
City's requirement for sewer access, and Suez Waters access needs and protect the integrity of
the Balata Court neighborhood.
Mr. Hewitt can reapply for the proper permits to create the alternate emergency access road
using the fastest and most appropriate route as it was originally permitted.
The City of Meridian trust not allow itself to be manipulated by developers taking advantage of
the City's development friendly atmosphere. There is no upside to the City to annex this
property.
qoTrul c�
Attached: Exhibit 8, July 8 h, 2020 to Meridian Planning Division and Mayor Simison
4
EXHIBIT 1
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2915 IVe st 53atata etg4[&t
, e,difecm Jdaka S3646
(2VS) 844-U4V5
LeU- (2V2) 550-329V
William L.M. Nary
City Attorney/Risk Manager
33 East Broadway Avenue, Suite 306
Meridian, ID 83642
RE: Spurwing Sewer Easement Annexation AZ-H 2O20-0087
Dear Mr. Nary;
I most strongly recommend that the City of Meridian, either file suit against Mr. John Hewitt and
Pacific Links, Limited Co. or failing that,the City join in the lawsuit filed by Ada County against
this person and entity, Ada County Case No. CVO 1-20-09111.
Over the weekend of July 4', 2019, Mr. Hewitt commenced work on a fire access road which
subsequently was stopped by Ada County for lack of proper permits. That work left the City of
Meridian and Suez Water with impaired access to their mains.
After being served with a stop work order, Mr. Hewitt requested a permit from Ada County and
was denied,his appeal was subsequently denied. Mr. Hewitt was then ordered to remediate the
property to its original state, which would have restored access for both the City and Suez Water.
Mr. Hewitt has ignored that court order and a trial date is set for late 2012.
The City of Meridian is in a position to allow Ada County's action to restore the original main
access. The City needs take no other action on Mr. Hewitt's attempt to avoid the jurisdiction of
the Ada County Court via annexation of the subject property.
However, by joining in the Ada County action,the City of Meridian reinforces its position and
adds its weight to that of the County in requiring Mr. Hewitt to remediate the property and
restore sewer and water main access.
qre
s TrWtock2--
1 ��
EXHIBIT 2
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 agadacount 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 Loam LLP
(hereinafter referred to as "Defendants"), and says that:
COMPLAINT-PAGE I
I.
This Court has jurisdiction pursuant to Idaho Code § 67-6527.
H.
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 I W, Section 23, Tax Parcel # R808I770022. 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 § 8-7-1 A).
VII.
Defendants submitted an application and requested approval of the emergency access road to
the Ada County Development Services Department.
VIII.
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 9t"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
EXHIBIT 3
ADA COUNTY
Development Services Department
Megan M.Leatherman,MCRP
Director November 25,2019
Ada County Courthouse
200 West FrontStreet Pacific links, Limited Co. Becky McKay
Boise ID 83702 John Hewitt Engineering Solutions, LLP
208.287.7900
Fax2082877909 1406 N.Meridian Road, Suite 205 1029 N_Rosario St., Suite 100
www.adacounty.idgov Meridian,ID 83642 Meridian, ID 83690
Department Divisions
Building RE: PROJECT NUMBER 93018 CU-M
Community&Regional Plan=g
Engineering&Surveying
Permitting Dear Applicant/Owner-,
Planning&,Zoning Submission of the application referenced above,ProjectNo93018 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 upon current information contained in
Kendra Kenyon,Third District
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 ofthis letter.
The fee for filing an appeal is $350.
This letter is to further inform you that to the extent a final decision has been
made on a site-specific land use request,an applicant has the right to request
a regulatory taking analysis under Idaho Code.
If you have any questions,please call 208-287-7905 or via dsanders@adaweb.net.
Sincerely,
Diana Sanders
Associate Planner
Ada County Development Services
lopADA COUNTY
Development Services Department
Megan M.Leatherman,MCRP February 14, 2020
Director
Ada County Courthouse John W. Hewitt
200 WestFwnt Street Pacific Links, Limited Company
Bois 779 aoo 702
zos.z8�� 1406 N. Main Street, Ste. 205
Fax 208.2.87.7%9 Meridian, ID 83 642
www.adacounty.id_gov
Department divisions RE: PROJECT 99301$A
Building
Community Planning Dear Mr. Hewitt,
Engineering&Surveying
Permitting
Strategic Planning 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 fihrther questions, please feel free to contact me at (208)
287-7913 or via e-mail at bdanielson adacoun .id. ov.
Sincerely,
�d� P44�10-1
Brent Danielson, AICP
Associate Planner
cc: Terry Copple,Davison,Copple,Copple,and Copple,P.O.Box 1583,Boise,ID 83701
83642 Becky McKay,Engineering Solutions,LLP, 1029 N.Rosario St.,Ste. 100,Meridian,
EXHIBIT 4
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EXHIBIT 5
suet
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 6
OWNER'S STATEMENT ON APPEAL
Pacific Links, Limited Company
DEC Cl 2019
f Dl Cf�4 77Y
DF
vED
0 EE C' 0 5, 2019
OWNER'S STA,mmi-xv ON APPEAL tn! Y
_.PV1rx-:S
Pacific Links.Limited Company,by and through its aulhorized agent and member,John W. Ile%vill,
makes the lolloxving statement in support of its appeal of the denial ot'application of Prqject No.931-18 CUt-
M, relating to the application for a permit to instal[ an emergency access on all existing- grakrel roadway to
the Olivetree at Spur%%ing project.Z�
I Relationship of Olivetree at Spcirwinj!,Spurivintz Subdivision and the Sput-wino.Goff Course.
The Hewitt ramliv began the development of the SpUrWin',4 Pro.*t in 1994. The Spurkxing
Subdivision consists ofsliqgle-family residential lots and were titled in the name of Spurxving Limited
Partnership.
'File golf course for Spurx%ing was titled by the Ife,.Nitts in the name of 11acillic I-inks, 1jinited
CompanN. an Idaho lint' d liability companN, in the forin as set torth in the deeds attached to thisCA
statement as Exhibit AV' The golf Course .vas then leased it) the SpurN in-_ COUnit-, ClUb- Inc_ a
non-profit corporation.to operate the �,_olfcourse by its club members. The lease was on a lont-term
lease%-.ith rent paid bx, the cL-)untr% club to Pacific Links. Limited CompunN
The Spurwino Country Club.Inc.eventually became(),-wned by The Club at SPurwill-L'. H-C.all entity'
' I') rxN
owned and controlled by Roger Anderson. Thus,. as of today the Spur%,\ing golf-course land is still —
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I'a_1L. ere i t (11
owned b-\ Pacific Links. Limited Company but is leased pursuant to a loin:-term lease. There is no
IL
n , L-i'll L
business or ownership connection between the Hewitt fail-ii1v that o\kns Spur%k ing lie
Partnership and Pacific Links. Limited Compant and the 27,oolfcounw other than the long-tern, lease
Between Pacific Links, Limited CompariN as landlord and The Club at Sporwing- LLC as long-lerm
tenant.
Because Of the large size of the property involved in Spu"ving. certain Portions were not intended to
be immediately developed back in 1994 but were intended to be improved over time_ This is made
-ation of Cox enants.Condition,,,and Restrictions 1`6 SpLlt-v-�ing
clear in Section 15 of the Master Declai -
Subdivision.dated Juk, 6. 1995. a copy of which is attached to this Statement as Exhi it 13 'Section
15, makes it clear that other portions of real property in the project may or may not bC annexed into
the Spumving Subdivision, Section-5.1 of this 'Master Declaration also states that all roads-and streets
shall be used for emergency vehicle access.
One of the undeveloped parcels xvithin the Spurwino Subdivision is the property that is now known
as the "Olivetree at SpUrwing. Subdivision" and is the new subdivision involved in this matter, This
-lot subdivislon with patio homessubdivisiI on had a]Nva,,s been intended to be developed as a smallet
or townhouses-
It is also important to knOV, that a neighboring subdivision to Spur-,%ing called --Spurwina, The Rim"
is owned and controlled By Roger Anderson phis other Spurwina -subdivislon has no financial or
management connection to the Hewitt Family or it, Spurwing Urnitcd Partnership or it, Pacific -1 N_
CUrre '17
Limited Company. As explained later in this statement, the neighbors who have opposed the a Cot",
application are angry that this new subdivision. SpUrWing The Rin-i. is accessed along Belat n1i
roadway creating excessive traffic according to the neighbors On their roadwa�.
Current Histo y of Olivetree at Spunving as Relates to F mer2ency Access Issues.
In 2007. it was determined appropriate to begin the development ofilic Olivetree at SPUrxNil1_('Project
()N%'NFR-S STATEMENT ON APPEAL- I
01 Z 0 419
and thus the parcel was annexed into the City of Meridian in the form as attacheo reo_is,F�,'Af tv:s
-C.- The project was put on hold in Z008 due to the recession. T
The original approval for the Olivetree at Spurwing Subdivision prior to its hiatus due to the 2008 ✓
real estate recession,required that a 20-foot emergency access road be instal n the subdivision as
a life safety measure for the fire department and other emergency vehicles n ac ess the subdivision
since there was just the one entrance in and out of the subdivision. See E_
In order to comply with the requirements of the Cite of Meridian who has jurisdiction over the
Subdivision.Spurwwina_=Limited Partnership as the owwmer of Olivetree at Spurwving applied to the Idaho
Transportation Department to install an approach for emergency access to the subdivision on Chinden
Boulevard. See the approved application dated May 12. 2008. attached hereto as Exhibit "D.- The
emergency access is depicted ore page ; of the attached Exhibit '-D." The approach -was actually
installed at the cost of Sprrrwwirtg Limited Partnership as t v in the paid billing. for the approach /
installed on Chinden Boulevard. See the attached Exhibi "E."
Also. as part of the approval of ORvetree at Spurwwin<u,the Cit} of Meridian required that the owwner
transfer to the Cite of Meridian a 20-foot road and sewer line easement for ublic wa 'r. �u
See General Condition 4 set forth in the Mav 27. 2008 Staff Report of the Cite of Meridian oar the
subdivision project attached hereto as Exhibit" it is this gravel easement area that is in issue: in
this matter wherein it is desired that the newt/emergency access casement be approved by Ada Counts
since a portion of the access is located in Ada County and not Meridian. (These improvements were
installed several years ago.)
The granting of this sewer easement to the City of Meridian rneant that the sewer line .would be
installed underground but a gravel access road would be constructed over its top the entire length of
the easement area to allow for easy repair. maintenance and replacement by the City of Meridian.
On Vlav 27.2008.the Meridian City Council gave its conditional approval to the subdivision subiect �v
to confirmation that the work to be performed would be d by the owner. See Order of
Conditional Approval of Final Plat attached hereto as lxhib
As required by the approval ofthe subdivision,the sewer easement required by the City of Net
' ant2
was recorded by Spurww�inWg Limited Partnership wvith the Ada County Recorder's Office on. eemb r
l�n the form as set forth in the Sanitary Sewer Easement attached hereto as Exhi at-1 'i' It l�J
should be noted that the Sanitary Sewer ]Easement is not exclusive. Thus. Pacific Link. iced �[
Company continues to own and use the area sul+jcct to the Sanitary Sewer Easement so long= a it
doesn't impair the City of Meridian's use of the gravel roadway.
It should also be noted that the Sanitary Sewer Easement was granted by Pacific Links. Limited
Company rather than Spunving Limited Partnership because the easement area lies within the golf
course area owned by Pacific Links. Limited Compact\ and not Spurwving Limited Partnership. This t
area is subject to case to the golf course owvne to u at 5purwwing, l_,LC. The Club at
Spurww-ing, LLC as the-tenant of the golf course with Pacific Links, Limited Company as landlord has
granted its consent to the emergency access easement.
3. Replacement Emergencv Access Required Because the Idaho Transportation Department
Removed the Original Access Point on Chinden.
It came as a great shock to the owner of Olivetree at Spur-wing when the Idaho Transportation
Department announced oat Februar- 5.201 1.that a traffic signal ww-as under constructinrt on"e'en Mile
t1i1' LR'S 5 A 1 f;AtL'N-1-ON APPEAL-2
Road that would require the removal ofthe approach that had been installed by Spurwing Limited �
� Partnership for the ether-ency e+. tot the Olivetree at Spurwing Subdivision. See ITD notification
letter attached hereto as 1 NIIi>
As a result. the Idaho Transportation Department destroyed and removed the approach that had been
constructed by the owner of the subdivision and revolved the permit Im this approach on C'hinden.
Also set Exhihit�v-hich is a eurrent 1?hotof?raph of the locaticin ofthe ori`,ittal approach cttrttirrnirti-
that it vv-as ren-to - d bs the Idaho` ransportation Department.
The Olivetree at Spurwing Subdivision was given its final approval for its sewer and water sv-stem
on April 7, 1016.. as shown in Exhibit - K" and thereafter approval front the Ada t;'atrnty IBOtwa-,
District on AuOust 25. ?[116. See luxhibit--I." attached hereto.
The sewer and water lint for the subdiv ision vvas installed. The gravel maintenance road for it on top
of the buried pipe line that had been in existence f-or several years is sho? \n in the aerial photograph
attached hereto as Exhibit" l"taken several tears lie fore the present contxo%er�} con firm ing that the
yoravel read teas already in existence prier to the development of the Ofixeirce Subdivision its had
been required by the C'i€v of Meridian and which vvas installed pursuant to the attached easement
,ranted to the Cite of.Meridian. The gravel maintenance road kir the casement area is "sentiai for
Meridian because of the necessity of havim4, to access the water and server tines in the event of all
emergency or a replacement.
It was at this time that it became obvious that Olivetree at Spurwing needed to have a new erner4wencN
access point for the strbdiv ision because ofthe action that had been taken by the: Idaho Transportation
Department in removing, its original access point on Chinden Boulevard.
a result and after positive co nsultatio�n with the City of Meridian. plans were. drawn for the
. S p �-.
emergency access to be relocated to the eyisting gravel sewer maintenance roadttay which has been
granted to the Cite of Meridian for the sewer and water sv stem.
:Attached hereto as Exhibit 'N" reflects the transmittal of the plans Iitr the barrier ,ate tot keep the
public from accessing the emergency access point and tilt existing--w el sewer easement road.
The nevv location required that it uacet the approval of"the IF Department cif the Cite of3Gridian -0 4t
which was eontilnted in writing as shattn i11 the O: ober ?9- ?fl li3 email from tlti Depute Chief and
�tarshal.l for'the City of Meridian. Set I- hibit"E)."
An appropriate emeracrtev vehicle access easement agreement was drafted in the form as attached J
hereto as Exhibit "F and is now in the process of being signed by the Cite of Meridian. It should be
noted that this em rgeney access easement is limited solely for the purpose of allovving emergency
vehicles to access the subdivision and will be permanently blocked front public access vvilh the use
of a locked Coate.
The subdivision plat for the Olivetree subdivision vvas updated as shown in Exhibit "Q'-and reflects
the appropriate emergency access point for the Subdivision at its new locatiort.
The tenant of the golf course.`file Club at Spurwin-. 1.1.C, requested that the roadway have concrete
edging in order to [veep the gravel from spreading to the golf course and an} neighboring properties.
AS a result.the e.istinrg road had the concrete edging installed and extra�xravel added to it as a result
RE
M t l,tz-S ST vTENJI-'Ev"t'ON APPEAL-;
DEC 0 66 2010
AAA,CGltv1 N
of the existing\,.ravel havrn_a been weathered and was no longer appropriate for a structurall\ s�tund
-ravel road-. a%. See photographs attached hereto as Exhibit''R...
Just as the security :ate vas about to be installed to prevent the public front accessins the existing
tn•avel roadwN at 7 the neighbors in the area objected to the work on the roadway and as a result. Ada
county issued a stop work order because a portion of the sewer easement area lies%within Ada County
and not within the Cite of'Meridian.
.Mier appropriate MquirieS, Pacific links. limited Company "as asked by Ada Count\ tit File it
permit to allows an administrative adjustment to the Spurviin�g Subdivision plans to alio\N for the
emergency access. t'pon the filing,of the application.objections \were filed b\ the neighbors,resultin.-
in the stall' rejecting the application because it was felt that [lie application tivorrld�be injurious to
staff felt that the undersi�,ned had not pro perl\
neighboring property owners and because
demonstrated that the original access point oil Chinden Boulevard had been ph\sicall\ taken a%%a\
and revoked by the Idaho Transportation Department.
This appeal resulted.
[-he design plans fOr the new emergency access on the existing, ,ravel road are attached liercto as G, �
Exhibit"S`"and have. been approved b\r the City of Meridian who is the holder oi'the sewer ettycnient
road.
g_ Present Ada Count- Application.
The current application filed with Ada County requests approval of the emergency access because.
as demonstrated by the information provided in this report_ more than adequate proof has been
provided that the origtnal access point was taken a`wat\ b\' the Idaho Transportation Department and
as a result the subdivision has no emergency access available to it other than the existin_ (gravel marl
used as a maintenance road by the C it\ of Meridian_
further. if the enier,enc\ access is not approved by Ada Count€- then there will not be the required
life safety access road necessary forthe subdivision to be completed and undeveloped lots«ill remain
urisrild resulting, in massive financial dania=e to Spury ing Limited Partnership_
Issues Raised by Neighbors.
'I-he neiUibors have raised a series of concerns.with reaar'd to the proposed emer•g ency access road.
Each one of'their objections are analyzed beloNN:
a. The ar=<unient that the existing emergency road should be field hostage in order fair the
develulier of the adjacent subdivision to further control the gate access on Balata Court is
Mappropriatc,Neither Spurt\intg limited Partnership nor Pacific Links. Limited Coirrtptn..
have an,, ownership. management or other relationship \kith the adjacent subdivision Or ��-
control over the gate that has caused the neighbors to be angry about the traffic on then
street. T e adjacent Subdivision is Spurwing. The Ririe. o.vned and contr«lled b\ l�is��cr
Anderson and is managed by '`'lr. Anderson's son. Chris Anderson. We have no -�
relationship to Sptti�vin4o The Rim and thus the neighbors' anger at their' roadwv;i\ issues
have nothim,t€:3 do with the Olivetree at Spurwin,,,Subdivision and our-enierryencv acces;
road that will not he open to the public.
We have been advised that Chris Anderson has proposed a sohrtion to the traffic problem
by repro-rain ni i no the;.:ate so that only members caii use it which!voirft9 �� Ltn.
()WN R'S S'tA`tT'>.,EN Y ON AP131:: L-:t 0 E C 2019
Nevertheless, that issue is totally distinct from the enier-enc) access roadway issue and
the anger- of the residents against the other developer should not be a reason to hold the
v current application hostage until that dispute is resolved as requested by some neighbors. /
b. The gravel roadway is not unsightly.The gravel road-aa}has been in existence for several '
vearw and is controlled by the City of Meridian as its maintenance roadway For its sewer
system. No complaints have ever been voiced before about the existing gravel road. The
use of that maintenance roadway as an emergency access point will keep the gravel cur the
roadway as it has alvva}s been done ill the past. The:maintenance road has been improved
by the addition oft.lhc concrete edging tca ensure that the g=ravel does not migrate from the:
roadway. This is an additional improvement which has been paid liar by the developer.
c. The roadway v%ill not be used for pedestrians, bicyclists or other traffic. 1-he ottlt reason a
photograph could have been taken of people walking on the roadway at the current time izs
simply because Pacific Links.. Limited Company %vas subject to a stop work order caused
by the neighbors, thereby preventing, the security sate from being installed which would
have prevented such trespasser:; from walking down the roadway. Upon approval of the
requested permit. a new, high-quality sec.urav gate will be installed that will prevent tin),
use of the roadvvatv'.
d. he ernergewi 'Access point is not a two-vvay access road as has been suggested b} sonic
ow'nerS. It is strictly and erneroency access road and for maintenance of the sewer"line w'lrrch
already exists. The road is not capable of being a t\vo-w°ay road and vv i11 never be a i%%o-
kvaN road because the erner-a ncy access roadway limits its use soleiv to crnergency
vehicles as shown by the easernem agreements.
c. Sorne owners have suggested that.Spur`ving Limited Partnership still has the right to install
an emergency access onto Chinden.As shown by the attachments.this supposition is totally
wrong. The work that vv'as done can the maintenance road was not dune illet all. Pacific
Links. Limited Company had the approval of the Cite of Meridian which has_jurisdiction
aver the Olive€ree at Spurw ing Subdivision and equally as important has an existing, lawful
maintenance road easement on the identical gravel roadway that would be used as an
emergmency° access roadway. As soon as Ada County issued a stop \Nark order. all work
stopped.
I'. Sonic neighbors want new landseaping along the existin-r gravel road. Pacific l._irtks,
Limited Company should not be required to 'install landscaping for the neighboring owner
as has been suggested by Borne.The gravel roadway° has been in cxisteni e for sc venal vear,
.v ithout any complaints_ It is not unsightly but if the neighbors dc1 w ant to install their caw n
landscaping. they certatinl', are free to do so.
o One fawner has stated that there is no proofthat Meridian approved of the cmergencN access
road heing fin the same gravel roadway as the maintenance road for the City of.\ en iatt's
sewer system. 1 his is neat accurate as is shown by the attaclted exhibits_
Fr. Some owners are suspicious that the roadway will be used as a fulure two-vvav roadway
for more homes to be constructed at Olivetree at Spurvyin<g. No additional homes can be
built at the Olivetree at Spurwin�g!Subdivision and there are absolutely no plans whatsoever
to use the emergency access roadway for anything other than as a maintenance road tear the
City ol'4.9eridian sewer lines and For emcrtgencv vehicles and sole]\ for lift safety reasons.
As can be seen front the foregvoing. the concerns of the neighbors are the normal concerns that a
ire i hbirrhevocl has when there is nevi work on a roadway. The facts.however-show-that the work- that
has been done is simply to provide needed maintenance to an existing setvc"tta t�ttart�t�ifl
`y OWNER'S S 1':1"1`ti4tt N l ON API'€A1,-3 €sEC
AD 9 C:; '
to install concrete ed�4ing for the benefit of the neiv�hhoring properties. The security gate nouId Ica,.^c
been installed by now and ail access to the roadway blocked but for the stop xork order urged b�, the
neighbors.
We therefore respectfully believe that thegrounds for opposing the project are not justified.
6. Affected Person.
In accordance with Idaho Code ` 67-652 1. the undersigned certifies that it is an affected person wt
defined in the foregoing statute because Pacific I-inks, Unaited Company is the lee title owner ol'the
property for which (lie application has been denied for the emergency access and which also impacts
the Olivetree at Spurwing project owned by Spur-wving Limited Partnership, an Idaho limited
partnership. who has also concurred in this appeal.
CONICLUSION
The undersigned applicant therefore respectfully requests that the decision of the .staff' rejecting
i'rk�ject No. 93-15 CU-M be overturned on the grounds that it is not based upon the facts and e6dence
wlhich hate I-wen presented proving that the road%%aN wwill haw,e no adverse impact can the neighbors and
because it has been established that the alternati\e access on Chinden Boulevard has been taken a\va- bx
the Idaho Transportation Department throe-Ia no vault of the developer of Olivetree at Spurwvim, or Pacific
Links, Limited Company. Fused upon the tbregoing, the decision to deny the proposed project is arbitrarn
and capricious. in violation of la«-and not based upon facts and ea idence.
Dated this 6"'day of-December, 2019,
PACIFIC LINKS. LIMITED COMPANY.
an Idaho limited liability company
Authorized cent
and Member
]'he undersioned.as the owner of Uiivetree at Spurtvino
project hereby supports and joins in the pending petition
to the extent appropriate,
SPUR��-ING LIMITED PARTNERSHIP, �"��` � `"�
an Idaho limited partnership
By Spurwinw;Corporation, Its General Partner
Fay: L h✓
Its President
ci�vtit_tt y s I_\rtAtt,M ON APPEAL.-6
STATE OI= IDAHO )
SS.
County of Ada }
Can this 61" day of December. 2019, before lne the undersigned, personally appeared JOIN W.
HEWITT.known or identified to lne to be the authorized agent and member of PACIFIC LINKS, LINIF l D
COMPANY. the limited liabilinr company that executed the instrtEtl�int or the person i}'lto executed the
instrtcnnent on behalf of-saidlimited liability company- and acknowledged to me that such limited liabilk,,
company executed the same.
SUBSCRIBED ;AND SWORN TO Before me this 6"day of'December. '20 M.
Np' tary t lc
RL filr`. tt+
Idaho
•�: r ' - s}�ing a
t�+art }h?Sr my C:ominissi t xp'sres: f'-! — •�.
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Ey,:,EW i# #i.i22
DEC 0 6 2019
5 I A E OF IDAHO
ss.
County of Ada
On this 6"` dar of December. 2019, before me the undersi;tied, personalk appeared 10I IN Xk.
HEWITT. kno\kn or identified to me to be the President of Spurn ina Corporation. an Idaho corporation.
kno,mi to me to be the General Palmer of Spurning. Limited Partnership. an Idaho limited partnership.that
eN cuted the instrument or the person who executed the instrument on bchalfof said limited partnership.
and acknonledged to me that Such limited partnership executed thi=sank_
SUBSCRIBED AND SWORN "f-C) Before me this. 61"dad of December,2019.
MarN.PLIblic for Idallo Idaho
ing
`Colrin11S.. n f xptres:
My COMPVJ,SSl,
t I-kPRES i r-17-2022,
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'fry "'f3,��•ltR�`��4�s
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EXHIBIT 7
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EXHIBIT S
Gregory J. Stock
2915 West Balata Court
Meridian Idaho 83646
(208) 844-0405
Cell (202) 550-3290
July 8, 2020
Mr. Caleb Hood
Planning Division Manager
33 E Broadway Ave. Suite 102,
Meridian, Idaho 83642.
VIA EMAIL
Dear Caleb;
It is my understanding that Jock Hewitt, through his agent Becky McKay, and/or Pacific Links
Limited Corporation,has filed an official request with the City of Meridian to annex a small
strip of land at the west end of Balata Court, adjacent to Club fairway 3.
As with everything else with Mr. Hewitt,there is a back story.
Under no circumstances should this offer be seen as an altruistic move by Mr. Hewitt. It is
simply a thinly vailed attempt to circumvent the denial by Ada County Development of Mr.
Hewitt's belated permit request to build an alternate emergency access road and the rejection of
his later appeal to that board.
Mr. Hewitt, Pacific Links, Spurwing Limited Partnership, The Club at Spurwing and SW Loan
LLP are currently defendants in a pending court case filed by Ada County seeking a permanent
injunction and ordering the Defendants to return the property to its original condition. Mr.
Hewitt's current application to the City is nothing more than another attempt to use the City to
once again circumvent the Ada County requirement. I have attached a copy of that complaint to
with my email.
This recent maneuver by Mr. Hewitt is nothing more than a demonstration of his belief that the
City of Meridian will allow him and other developer's free rein.
By way of back ground, Mr. Hewitt applied to build an alternate emergency access route to his
OliveTree development within the Spurwing Golf Club. This application occurred after Mr.
Hewitt began construction during the weekend of July 4ffi 2019 without benefit of a permit. The
project was stopped by Ada County. On November 25, 2019 Ada County Development's
Director denied Mr. Hewitt's request, finding that because of the adverse impact upon the
existing neighborhood, an"Approval Letter"would not be issued.
On February 121, 2020,the Ada County Board of Commissioners denied Mr. Hewitt's appeal of
this decision. As of April 15, Mr. Hewitt has refused to remediate his illegal construction and
the matter has been referred to the Ada County Attorney for action.
In his appeal Mr. Hewitt claimed he was only trying to meet a "public safety need". However,
this self-serving proclamation came only after he was caught working without a permit and his
permit request was rejected. If he was really concerned about public safety he would not have
installed a fountain in the entrance to the OliveTree development creating a chicane and
narrowing the roadway to minimums. Mr. Hewitt's claim of trying to meet a"public safety"
need is the height of hypocrisy. Notwithstanding, the February 12'h denial, there is a more direct
and less impactful route available to Mr. Hewitt which he refuses to consider. In fact, that other
route was part of the original plat as approved by the City of Meridian.
At the February 121 meeting, Ms. Becky McKay, representing Mr. Hewitt, told the Board they
did not know that the City of Meridian could not issue a permit for construction within Ada
County jurisdictions.
The normal route to the Olivetree Subdivision entrance at North Big Cedar Way, is from
Chinden Road, via N. Long Lake Way to N. Penneross Way, on to N. Spurwing Way and then
on a very short section of West Balata Court. Logic dictates that any need for alternative
emergency access to the Olivetree Subdivision should not incorporate over half of the normal
access route_ Any obstruction on the initial part of this route between Chinden and Big Cedar
Way would negate the availability of Mr. Hewitt's purposed alternate emergency access off
Balata Court. Such an obstruction is more likely to occur on the route from Chinden to Big
Cedar Way, due to the normal congestion around the Club at Spurwing, than on any part of the
route. The distance from Chinden to Big Cedar is one half mile, from Big Cedar to the proposed
access off the Balata Court cul-de-sac, the distance is two tenths of a mile. .
There is no argument that an alternate emergency access route is required. However, as a retired
Police Captain, familiar with emergency access requirements, I understand that public safety
access is predicated on using the most expeditious route to the emergency. Mr. Hewitt's
proposed alternate emergency route,not only uses almost two thirds of the normal ingress, past
club house congestion but then adds a residential street and three gates to the route. In the face
of alternative of a soon to be completed, widening of Chinden and Ten Mile roads,providing
direct access from Fire Stations 2 and 3, Mr. Hewitt's proposal simply makes poor planning
sense.
At the February 12", meeting Mr. Hewitt produced a letter from Mr. Rod Wagner of Wagner
Farms stating that Mr. Wagner would not grant an easement to Mr. Hewitt use any part of his
property.
Mr. Hewitt's civil engineer/city planner,Ms. Becky McKay, testified on May 19, 2019, in front
of the Meridian City council that she negotiated with Mr. Hewitt and Mr. Rod Wagner of
Wagner Farms for an easement in which Mr. Hewitt granted Mr. Wagner use of a portion of Mr.
Hewitt's property just east of Wagner Farms. Now Ms. McKay would have us believe that Mr.
Wagner refuses to allow Mr. Hewitt use of that same property as an alternate emergency access
route to OliveTree.
Any offer to allow annexation of this property by Mr. Hewitt has nothing to do with public
safety, but is nothing more than a maneuver by Mr. Hewitt and his cronies at the Spurwing
Country Club, Inc. to avoid using the original purposed alternate emergency access route in order
preserve the aesthetics of the golf course at the expense of a neighborhood they repeatedly
shown complete contempt for.
In the final analysis, the proposed location of the alternate emergency access route at the end of
Balata Court is improper as it adversely impacts the Balata Court neighborhood. Additionally
and more importantly from a public safety standpoint there a more direct and soon to be
improved emergency access route is available, one which will not incorporate the majority of the
normal access route to OliveTree and which will not negatively impact the neighbors of Balata
Court.
If the City of Meridian should choose to annex any of Mr. Hewitt's property that decision should
made on the benefit to the City and not to further Mr. Hewitt's hidden agenda. The City of
Meridian should not allow itself to become a pawn in Mr. Hewitt's schemes or manipulated by
him in his ongoing efforts to avoid responsibility for his actions.
Thank you for your consideration,
GJS
Gregory J. Stock
Copy: Mayor Robert Simison