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
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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.
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Very clearly dirt line
created from disturbed land
as a result of trenching.
NOT a pathway that has
always existed.
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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
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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.
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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.
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"'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
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The 2 paths emergency vehicles
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would have to take with current
emergency road location. Would i$
have to PASS the current entrance
to Olive Tree (marked with RED X)
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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
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Your Economic Opportunity
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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.
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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.;
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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.