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2020-12-08 Gretchen Tseng Presentation for CC 12-15Olive Tree Fire Access Council Meeting AZH-2020-0987 Presenter - Gretchen Tseng Homeowner 3075 W. Balata Ct., Meridian ID 83646 REPRESENTING THE HOMEOWNERS OF W. BALATA CT. Background • July 2, 2019 unapproved fire access road installation began • Neighbors contacted Ada County - cease and desist • After developer submitted application Ada County meeting held and the road location was denied because Ada County felt "approval would be injurious to neighboring property owners." • Developer appealed and Ada County again denied the application and required the developer to return the land back to its previous condition of stub access roads and grass o Developed neglected to do so o Ada County filed suit against the developer • Developer now attempting to annex the small strip of land to the City of Meridian Meridian City / Ada County It would be extremely disappointing for the city of Meridian to ignore its own county's determination that approval of this fire access road would be detrimental to homeowners. The county felt strongly enough about this to deny the request twice and take legal action. Alternate solutions exist to this fire access road. Solution that Benefits Everyone i. Unapproved fire access road returned to previous condition o Homeowners satisfied 2. 14' compacted gravel stub access roadway mirroring one on West of golf course (detailed later in presentation) o Sewer and water conditions met o This sewer and water access existed prior to Mr. Hewitt's unapproved construction of the fire access road over the week of the Fourth of July 2019. o The city need not take any action. By denying his request he is under court order to restore the property to its previous condition with already included water / sewer access that the utility companies were satisfied with. 3. Sprinkler systems installed in homes in lieu of fire access road o Fire commissioner satisfied i. See video and transcript confirming this on the next slide o Per the Builder, the Developer is able to pass the cost through to the buyer Q Youbbe Premium Wish videos kept playing when you closed the app? 'et background play with YouTube Premium =: Flow To Super Clean the Interior of your Car WW(f arncfc R. Wcarllinar) TRANSCRIPT FROM THE OCTOBER 15, 2020 PLANNING AND ZONING MEETING: "The Olive Tree at Spurwing subdivision can not develop without an approved secondary emergency access, which the applicant's proposal provides. If council denies the applicant's request, an alternate emergency vehicle access will be required for any development over 30 building lots in the Olive Tree at Spurwing subdivision... OR THE APPLICANT HAS THE OPTION TO PROVIDE FIRE SPRINKLERS TO ANY ADDITIONAL HOMES BEYOND THE 30." Sprinkler Systems in Lieu of Fire Access Road • Immediately prior to last meeting with Meridian was sitting with the primary builder of Olive Tree (Shadow Mountain) and he mentioned sprinkler systems were $4000 - $7000 and that they were just a pass-through cost to buyers • Engineering Solutions claimed sprinkler systems were $12,000 • Internet research shows the average cost for 3000 - 4000 square feet is $7000 - $8000 dollars. o The homes at Olive Tree are patio homes and smaller than this estimate • Costs of the sprinklers offset for the purchasers by the fact that fire suppression systems lower homeowner insurance rates • Olive Tree median home price is $825,000 • At $4,000 = 0.48% of home price • At $7,000 = 0.084% of home price • At $12,000 = 1.45% of home price • The cost ranges between 0.48%-1.45% of the home price Engineering Solutions Claims Road/Path has Always Existed The aerial photo being used by Engineering Solutions was taken soon after the trenching for the construction taking place at Olive Tree. What you see in their image is the disturbed dirt from the construction and NOT a path that was already in existence. As a very active golf member and resident of Spurwing, Mr. Hewitt is well aware that there was never a gravel road the length of my home. r• 00 Very clearly dirt line created from disturbed land as a result of trenching. NOT a pathway that has always existed. r - r � a r�� 4 IV Engineering Solutions Claims Road/Path has Always Existed There was stub access which was the same as on the west side of the golf course See left side of the image vs. right side next to our home. Could not be seen from our back yard where we had unimpeded view of course The following images and videos span 2015 to the end of June 2019 - 1 week prior to construction and show that there was never a path / road next to my home. 6.18.2015 - No gravel • These were never taken for any reason other than to document life with my family. o NEVER thought they would need to be used as evidence of mistruths road 4 —,r4C: ti •�� V• +• ' .` S ,tea : _ + -r: +At .lug �` • :.': c � • gyp+ � � r p�,� Russell Re -Homed • Pedestrians, people walking their dogs, joggers, bike riders, service vehicles o Go by all day long • My dogs grew -up on a golf course (2013-2019 prior to unapproved road) o Quiet backyard they could hang out in all day long • Fine with golfers • New traffic caused one of our dogs to be on constant alert ■ Had to kennel him during the day even while I was home (barking at passersby) - • 1 work from home ■ Russell is protective • We did the responsible (and heartbreaking) thing and had to make horrible choice to rehome him so he wouldn't do something we all regret in the name of protecting his yard. z 4 04.�i r )r 3.6.2017 - No Gravel Road 6.25.2019 - No Gravel Road (DAYS BEFORE CONSTRUCTION) 7.2.2019 - The Day Construction Began Water / Sewer Requirements • Engineering Solutions claims a "20 -foot ROAD and sewer line easement is required • According to Meridian Staff Report (Section IX,131: 1.1): Actual wording: o B. PUBLIC WORKS 1. Site Specific Conditions of Approval ■ 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14 - foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. ■ This refers to a stub road to the mainline like what existed next to my home prior to Mr. Hewitt's construction of this unapproved fire access road & currently exists on the West side of hole 3 ■ Per the legal action being taken by Ada County, this access will be restored when you deny his request for annexation. ■ A 20 -foot road spanning the entire length between W. Balata and N. Crantini Way is NOT required. m r - r 21 "'W"ITI FIRE ACCESS ROAD NOT NECESSARY / CURRENT LOCATION NOT SAFE • Engineering Solutions claims that the fire access road is required • Not true - Fire Commissioner stated that homes can have sprinkler system in lieu of fire access road • Even if the road were required (it's not), the proposed fire access road is not a safe location for Olive Tree residents • Need to drive past entrance to Olive Tree to get to it • Then go through gate at end of Balata (code required) • Then go through ANOTHER LOCKED gate that would be at the end of fire road • And yet a THIRD LOCKED GATE on the N. Crantini Way side • If this entrance blocked, only other access to this fire access road is 5 residential streets away • Access through Wagner Farms / Delsa's Ice Cream is DIRECT & SAFEST OPTION ■ There are already 2 public access shops on site: • Farm Shop • Delsa's Ice Cream ■ THIS ROAD WOULD ONLY EVER BE USED AS FIRE ACCESS... NOT TRAFFIC • ITD states that it would be gated and not available to vehicles Why Fire Access Road at end of Balata NOT safe • See next slide showing the two routes to Olive Tree from current road local VS • Direct route from Ten Mile / Chinden yi N Z � N $pLcrwJng Way qp WSuyawTrftflr `IN '$ The 2 paths emergency vehicles Q would have to take with current emergency road location. Would i$ have to PASS the current entrance to Olive Tree (marked with RED X) ,sprreDr GATE1 ENTRANCE C* GA TO OLIVE TREE 3075 W Galata Cl, Meridia ID 83646 Club at S roving W Star F19liow ❑r r 3 e Z 4 z GATE" 3 7- ax W z ['atrGiNAL''. m 04ERGENCY � F(OAD LOCATION nr w Wagner Farm SJ S Ice Cream Ri W Chiriden Blvd _ a 3 � m W Silk,& ibrer St � 3 � z Wiliow CrE Costco wholesale CL W Everest St a p � � W Sunny Cone S1 n Go` 4e a 2 A } FIRE ACCESS ROAD -CAN BE AT ORIGINAL LOCAL • Shown that fire access road not necessary o Fire sprinklers can be used in lieu with pass through costs to buyers. • IF the City of Meridian insists on a fire access road despite the fact that the Fire Commissioner has stated fire sprinklers fulfill the requirement o The fire access road can be located at the originally approved location adjacent to Wagner Farms. • Engineering Solutions claims Rod Wagner will not grant an easement to Mr. Hewitt for the fire access road, yet there is "public record" documentation of his willingness to do so (see next slide)... #�rr�urn P1r wo; a 2orwq Cannumm A&V 1213 19 Paw wo at 1 as Fmiar stale higbway. You have access to an existing signalized iinterseotian. Rod and Deb owpersted with ITD when Walmart went in. They had the burden of expand In -9 this intersection, inslal I Ing that s ig nal, and so V*ir d riveway was rely led. $o it cou Id align anlh the new irtter5aclJon and II seed, you know, reaMl�y, the highest and best use on the properly and what makes the most sense is acorn mercia I design al ion. o, we met -- mel with your staff on multiple ops ions. we kind of decided on the community business, the C -C zone -woo Id be the most approp riate zon a for what we were contemplati ng and so " getting excited here. So, what the+ came up vvith is a site pian. which you see here. ITD --- we had multiple meelings vvi th ti7-em a rtid they m6cated that they are going to need some additional right of way, which we are allocaling 30 additional feet of right of gray and. then, They said in add i Rion to that we mil need 30 feet of easement and, the rl, we will want you to moue your access further to the east, so that it would alrgn with Rhe outboLind -- or the -- sorry, the westbound outside lu rn lane. so people could either come stra ig h I onto the fackli ly at the light or go west bound. $o, we — we worked wwi lh — mthti some Iraff is eng i n eery and ca me u p with this sorution. II did Olive Tree at Spu rwtpgthe_ pati o h urn es aver tIere at. Spurwkng Golf Course. _ _oma I. went to ,lock Hewrlt _8d 1bod Wagner also talked to JbCk and -- and we asked him would ypu be willing to give us an access 889ernaqt1so that we c W alq wroth the future ex pa�Skon of Ten ik rsectipIn heir will come along wth the Costco dex+elop"nt. He has g9reed, Carrie to mfr office, said draw up the paperwork, that's Fine. We weal to ITD, reported back to them, kook this site plat~. ITD said the only thing that we ask of you is Thal you have a t.rafirc engineer prepare a torr~ lane ana"is. So, we did have a traffic engineer evaluate the use and the necessity for any mhligation or a tarn lane analysis and he indicated lb -are is nonri. We don't Erika Bowen, ITD - District 3 Traffic Technical Engineer states: 11ITD is not opposed to a single approach serving both the Wagner Farm parcel and being used as an emergency access." tPAxp Your Safety • Your Mobility � t Your Economic Opportunity ,R December 9, 2019 Brent Danielson Development Services 200 W Front St. Boise, ID 83702 VIA EMAIL IDAHO TRANSPORTATION DEPARTMENT P.D. Box 8028 * Boise, ID 83707-2x28 (208) 334-83CU + itd.idaho.gov RE. Emergency Vehicle Approach at US 20/26 milepost 35.265, left {Intersection of U5 20/26 and Ten Mile Rd) ❑ear 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 The concept of a joint access for the Wagner Farm Commercial Development has been presenters to ITD and found acceptable. ITD reviewed and accepted the development- s Traffic Impact Study in lune 2019 and provided comments on the draft site plan, The -department is awaiting revised civil d rawi ngs. ITD finds concept of joint access With Wagner Farms acceptable Page 1 cf 3 Engineering Solutions claims ITD removed their constructed access because they were no longer open to it as a viable option and that is not the case. It was removed because the construction was never permitted and it was in conflict with the Walmart road widening and Traffic signal installation. June 6, 2008 — ITQ issued Permit #.3-08-426 to 5purwing Limited Partnership. The access was identified as a 20ft wide gated emergency access. *Greg Stock spoke to ITD and June 30, 2014—ITD issued Permit#3-13-717 to PACL4ND (Walmart) for roadway widening and traffic they signalitation installation at the intersection of Ten Mile Road and U5 20/26. Due to proximity of the emergency confirmed access to the northeastern traffic signal pole, the gated emergency access was removed. Permit #3-08-426 that there became void with the removal of the emergency approach. position rpmainc the Below is an image from the Ten Mile traffic signal construction plans. Roth 5purwing's gated emergency access and the same. They adjacent western driveway approach are removed. The plan sheet shows construction of a single approach located are happy entirely within the western parcel. The future driveway connection is identified as being constructed by others as part to review a of a separate project. Although the single approach was constructed in the traffic signal project, it was never new }permitted. ITD does not have any documentation regarding the intended use. application. Explains why their access was removed. NOT because ITD wouldn't allow the access road there. 1 1 #ICEN ULk¢ kW 2Q 26) 4 W i Ii t � Firm t W i lull 1�F�1 D'AN i Y.y � F I Single Approach superimposed pic. As you can see the single approach fire access road in this location would not impact the gold course much. It is on the side of the course and the connector between the two would be small.; za Solution that Benefit Everyone 1. Unapproved fire access road returned to previous condition o Homeowners satisfied 2. 14' compacted gravel stub access roadway mirroring one on West of golf course (detailed later in presentation) o Sewer and water conditions met o The city need not take any action. By denying his request he is under court order to restore the property to its previous condition with already included water / sewer access that the utility companies were satisfied with. 3. Sprinkler systems installed in homes in lieu of fire access road o Fire commissioner satisfied 0 Developer can pass cost through to the purchasers for 0.48-1.45% of the cost of the home.