2020-10-13 Rick Mauritzson
Charlene Way
From:RICK MAURITZSON <rmauritzson@msn.com>
Sent:Tuesday, October 13, 2020 10:20 AM
To:Charlene Way; City Clerk
Cc:Bill Parsons; Caleb Hood; Mark Perfect
Subject:Re: Public Hearing on October 15, 2020 - Spurwing Sewer Easement Annexation AZ
H-2020-0087
Attachments:AZ H-2020-0087 Mauritzson Response.pdf
External Sender - Please use caution with links or attachments.
Charlene,
Attached are my comments regarding the Spurwing Sewer Easement Annexation AZ H-2020-0087.
I strongly urge Meridian Planning & Zoning to reject Mr. Hewitt’s request for relocation of the previously
approved emergency access road. Furthermore, the City should not entertain annexation of the parcel of land
in question until the land has been returned to its original condition (as per Ada County verdict) and any active
Ada County litigation has been settled. Annexation is not required for Mr. Hewitt to meet his requirements
for water/sewer access and/or emergency access. All requirements were met with the pre-existing stub
roads, and the originally approved plat map.
Thanks,
Rick Mauritzson
1
October 13, 2020
Rick Mauritzson
3028 W Balata Ct
Meridian, ID 83646
City Clerk
Meridian Planning &Zoning
33 E Broadway
Meridian, ID 83642
Re: Spurwing Sewer Easement Annexation AZ H-2020-0087
Dear Sir or Madam,
I strongly urge Meridian Planning &Zoning to reject Mr. Hewitt's request for relocation of the
previously approved emergency access road. Furthermore, the City should not entertain
annexation of the parcel of land in question until the land has been returned to its original
condition(as per Ada County verdict) and any active Ada County litigation has been settled.
ARGUMENTS AGAINST THE `RELOCATED' EMERGENCY ACCESS ROAD:
1. The proposed new road location will have a significant negative impact to the property
values of the adjacent residents. The neighbors directly adjacent purchased a home on a
fairway(not a home on a 20-foot wide gravel road). If this new road were to be
approved, they would lose their pristine view of the fairway. Gravel roads are also
significant sources of dust, and over time can become very unsightly, if not maintained or
weeded regularly. The use of the road by people walking,jogging, biking, etc (even if
gated) is expected to further impact the residents existing privacy and property value.
2. The proposed road is not required for either sewer or water access. The previously
existing stub roads (see Exhibit A) from the North & South are sufficient for access. The
City of Meridian sewer easement does not require an access road to be constructed over
the entire length of the easement. (If this was the case, then to be consistent, a roadway
would have to be installed in all locations where the water or sewer lines exist under the
fairways.)
3. The proposed emergency access location is not a reasonable secondary/emergency access
as it relies on>60% of the primary access to be clear of obstructions. The roadways
around the Spurwing clubhouse are the most likely to be obstructed, and both the primary
& secondary access (as proposed)rely on these same roadways being clear.
4. The proposed road was partially constructed by Mr. Hewitt unlawfully without Ada
County approval, and has been denied twice by Ada County Development and the Ada
County Commissioners. Meridian City must give significant consideration to the rulings
previously rendered by Ada County on this matter.
1
ARGUMENTS AGAINST ANNEXATION:
1. There are no obvious benefits to Meridian City to annex the proposed 0.6 acre
extension/leg. This land provides no continuity, nor join with another Meridian City
parcel.
2. The request by Mr. Hewitt to annex this strip of land is only a means to circumvent Ada
County's denial of the proposed road, and to null active litigation pending with Ada
County.
3. Ada County is already pursuing litigation to have the property returned to its original
condition, which includes the previously constructed stub roads to allow sewer/water
access.
4. Meridian City should not consider annexation until all pending disputes & litigation with
Ada County have been settled.
ORIGINAL EMERGENCY ACCESS ROAD LOCATION:
1. The originally approved location between the OliveTree sub and the Chinden/TenMile
intersection is the best, most reasonable placement for the emergency access road. It
provides the quickest, least redundant, secondary access to the OliveTree Sub.
2. The original approved location was on record as part of the Meridian City Final Plat
approval on 05/27/2008 (Exhibit 2).
3. Mr. Hewitt has submitted a letter from The Club at Spurwing stating they will not allow
the road in its original proposed location. However, the Club at Spurwing has no
authority on this matter as they are the tenants, and leased the property in 2011 with
knowledge of the planned emergency access road—public record since at least 2008
(Exhibit 2).
4. The original approved location also places the road over Meridian sewer and/or water
easements. While not required, it has been argued by Mr. Hewitt as beneficial/preferred.
5. Mr. Hewitt let his original ITD permit for the original emergency access road approach
connecting to Chinden(US 20/26) to expire in June 2009, and has made no effort since to
renew it. In December 2019, ITD re-iterated that an option to connect the emergency
access road to Chinden/TenMile still exists (Exhibit 3 & 4). Mr. Hewitt&Mr. Wagner
(owner, Wagner Farms) have even cooperated on a joint access solution(Exhibit 5).
2
In summary, annexation is not required for Mr. Hewitt to meet his requirements for water/sewer
access and/or emergency access. All requirements were met with the pre-existing stub roads,
and the originally approved plat map.
Thank you for your time and consideration,
�P I
Rick Mauritzson
Balata Resident
Spurwing HOA Board of Directors
3
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Exhibit 1 (Previously installed cinder-gravel stub roads):
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Exhibit 2 (Original Approved Location of the Emergency Access Road):
(Meridian City Council Hearing—May 27, 2008)
CITY OF MERIDIAN PLAIRING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT
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Exhibit 3 (ITD Position Regarding Original Emergency Access Road Location):
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* * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
9 z P.O.Box 8028 • Boise,ID 83707-2028
Your Economic Opportunity (208)334-8300 • itd.idaho.gov
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December 9,2019
Brent Danielson
Development Services
200 W Front St.
Boise,ID 83702
VIA EMAIL
RE:Emergency Vehicle Approach at US 20/26 milepost 36.265,left(Intersection of US 20/26 and Ten Mile Rd)
Dear Mr.Danielson,
The Idaho Transportation Department(ITD)was asked to clarify our position regarding an emergency approach on the
north side of the US 20/26(Chinden Blvd)/Ten Mile Road intersection.For safety reasons,there can only be one
approach located on the north side of this signalized intersection.However,ITD is not opposed to a single approach
serving both the Wagner Farm parcel and being used as an emergency access with the following conditions:
• The emergency access connection to the single approach would be gated to restrict cross access of other
vehicles.
• If the approach were to remain entirely on the Wagner Farms parcel,a cross access agreement would need to
be recorded and submitted to ITD.
• If the approach was reconstructed and centered on the parcel boundary to better align with the signalized
intersection,a joint access agreement would be needed.
The concept of a joint access for the Wagner
Farm Commercial Development has been
presented to ITD and found acceptable.ITD j - °� °`�`�` 1 L
reviewed and accepted the development's = °y
Traffic Impact Study in June 2019 and
provided comments on the draft site plan. I4 \ate
The department is awaiting revised civil s
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drawings.
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Page 1 of 3
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The history behind Permit 3-08-426,Spurwing's previous emergency access approach onto Chinden Blvd is as follows.
June 6,2008—ITD issued Permit#3-08-426 to Spurwing Limited Partnership.The access was identified as a
20ft wide gated emergency access.
June 30,2014—ITD issued Permit#3-13-217 to PACLAND(Walmart)for roadway widening and traffic
signalization installation at the intersection of Ten Mile Road and US 20/26.Due to proximity of the emergency
access to the northeastern traffic signal pole,the gated emergency access was removed.Permit#3-08-426
became void with the removal of the emergency approach.
Below is an image from the Ten Mile traffic signal construction plans.Both Spurwing's gated emergency access and the
adjacent western driveway approach are removed.The plan sheet shows construction of a single approach located
entirely within the western parcel.The future driveway connection is identified as being constructed by others as part
of a separate project.Although the single approach was constructed in the traffic signal project,it was never
permitted.ITD does not have any documentation regarding the intended use.
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Page 2 of 3
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Your Economic Opportunity (208)334-8300 • itd.idaho.gov
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ITD cannot allow a second direct access approach at the intersection of Chinden Blvd and Ten Mile Rd,but we are
willing to consider options of using a single approach to serve both uses.
If you have any questions,you may contact me at erika.bowen@itd.idaho.gov or(208)265-4312 ext 7.
Sincerely,
Erika Bowen
ITD—District 3
Traffic Technical Engineer
cc.Becky McKay Engineering Solutions
Page 3 of 3
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Exhibit 4 (Satellite View of Original Emergency Access Road Location):
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Exhibit 5 (Public Hearing for Wagner Farms (H-2019-0035), 3240 W. Chinden Blvd):
(Meridian Planning & Zoning Commission—May 2, 2019)
Meridian Planning&Zoning Commission
May 2,2019
Page 18 of 118
Perreault: Thank you. Are there any questions for staff?
Holland: Madam Chair?
Perreault: Commissioner Holland.
Holland: One question. Where the roadway lines up with Ten Mile, is that going to align
with where that intersection stoplight is going to go into in the future and does that also
connect with the Three Lakes Drive? Is that the same drive access?
Leonard: Madam Chair, Commissioner Holland, I believe--it does line up with Ten Mile
and that light. I'm not sure about the Three Lakes Road though.
Holland: That's okay. We can ask the applicant,too.
Leonard: Okay.
Holland: Thank you, Stephanie.
Perreault: Would the applicant, please, come forward.
McKay: Thank you, Madam Chairman, Members of the Commission. I'm Becky McKay
with Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm here
this evening representing the applicant on the applications that are before you. As
Stephanie indicated, we requested a Comprehensive Plan amendment. We have also
requested annexation and rezone on this particular piece of property. The--the property
is 2.2 acres. Does it pop up? Will it stay up? Yep. There it goes. Got it. So,the property
in question lies right here, right at the Ten Mile intersection. It's 2.2 acres in size. There
is two existing single family dwellings on the property and there is an existing barn. Since
approximately 1982 the property's been owned by Rod and Deb Wagner and they have
had a produce barn and raised their own organic vegetables and have sold produce,fruit
and vegetables out of this facility. Over time, as this area developed and in my
discussions with them when they first started out the subdivision to the west didn't exist.
Spurwing didn't exist. Obviously, there was no signalized intersection or subdivisions
around them. They were kind of isolated out on Highway 20-26. Over time their business
has blossomed and it expanded and they have a significant following of people who live
in this vicinity and who traverse Chinden and stop in here to get produce and --and fruits
and homemade jams and other items that they offer at this facility. As everything started
to develop, obviously, the Costco development to the south is the most significant
development. The whole kind of character of this corridor has changed and they decided
that, you know, maybe it's time that we relocate somewhere else and based on the input
from their customers,their customers are like, please,you know,we--we would love you
to stay here and --and expand your facility, so it's not just seasonal, but is a year round
facility and so Deb and Rod came to me and--and Paul,who they kind of teamed up with
and -- and said, you know, what--what do you think and I said, well, obviously, the low
density residential designation on the comp plan is just an oddball. I mean you're on a
Meridian City Council Meeting Agenda May 16,2019— Page 21 of 224
12
Meridian Planning&Zoning Commission
May 2,2019
Page 19 of 118
major state highway. You have access to an existing signalized intersection. Rod and
Deb cooperated with ITD when Walmart went in. They had the burden of expanding this
intersection, installing that signal, and so their driveway was relocated, so it could align
with the new intersection and I said, you know, really, the highest and best use on the
property and what makes the most sense is a commercial designation. So,we met--met
with your staff on multiple occasions. We kind of decided on the community business,
the C-C zone would be the most appropriate zone for what we were contemplating and
so--getting excited here. So,what they came up with is a site plan,which you see here.
ITD--we had multiple meetings with them and they indicated that they are going to need
some additional right of way, which we are allocating 30 additional feet of right of way
and,then,they said in addition to that we will need 30 feet of easement and,then,we will
want you to move your access further to the east, so that it would align with the outbound
-- t
Into the facility at the light or go westbound. So,we--we worked with--with some traffic
engineers and came up with this solution. I did Olive Tree at Spurwing, the patio homes
over here at Spurwing Golf Course. So, I went to Jock Hewitt and Rod Wagner also
talked to Jock and -- and we asked him would you be willing to give us an access
easement,so that we could align with the future expansion of Ten Mile intersection. They
will come along with the Costco development. He has agreed. Came to my office, said
draw up the paperwork,that's fine. We went to ITD, reported back to them, took this site
Ian. ITD said the only thing that we ask of you is that you have a traffic engineer prepare
a turn lane analysis. So,we ala nave a trattic engineer evaluate tne use and Me necessity
for any mitigation or a turn lane analysis and he indicated there is none. We don't
generate enough traffic. The intersection will operate within an acceptable threshold and
for the capture traffic that we will be taking up, he -- he said we don't meet that warrant
for a decel lane. When we had our neighborhood meeting, we had about 20 people that
attended. Primarily a lot of the people from the West Wing neighborhood. We listened
to their comments. We made significant changes based on their comments. There is a
gentleman that lives do north of us, his home is right here and he said, you know, I -- I
don't have any opposition to the Wagner's expanding this and building a new facility, but
I do want a masonry wall, you know, six or eight feet, whatever height would be allowed
by the City of Meridian. I want landscaping and, you know, buffering. We also initially
had the pumps located on the west side and it was overwhelming comment from the
neighbors, you know, why don't you move the pumps to the east side, because, then,
they will be next to the golf course and, then, that would be less noise. We don't have
any residences on our western boundary, it's just open space. Oops. There we go. So,
as you can see, this is a common lot in that subdivision and, then, here is their irrigation
pond. So, we don't have any residences adjoining our western boundary or our eastern
boundary. We have the one house to the north. So, we made those changes. Staff
asked us--they said,you know,we want a ten foot multi-use pathway along that Chinden
corridor. So, we came up with about 38 and a half feet of landscaping here as our buffer
and, then, the ten foot pathway and, then, that allowed us to have ample room for trees
and shrubs. The circulation pattern, if someone is, obviously, coming into the C store,
they would come in, park here in the front. We have--exceed the parking requirements.
For fueling the residents would come in and they would fuel here and here. And for the
produce they will have access behind the building or they can come in from the front, but
Meridian City Council Meeting Agenda May 16,2019— Page 22 of 224
Meridian Planning&Zoning Commission May 2,2019
Page 19 of 118
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