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2020-12-09 Rick MauritzsonSpurwing Sewer Easement Annexation & OliveTree Emergency Access AZ H-2020-0087 Rick Mauritzson Spurwing HOA Board of Directors December 2020 Background The OliveTree sub has a previously approved emergency access road that connects to the Chinden/TenMile intersection Final Plat approved by Meridian City 05/27/2008 — Exhibit 1 In July 2019, the developer started construction of an alternate, unapproved 20' wide emergency access road running along the entire length of the residential property located at 3075 Balata Ct The developer submitted an application to Ada County only after a cease & desist was issued, and after a majority of the construction had been completed Golf Course views & property value negatively impacted by gravel road Road use by people walking, jogging, biking, etc (even if gated) also a nuisance - Backyard of 3075 Balata Ct Background - continued Ada County Development denied both the developer's application and his appeal The Commissioner's upheld Ada County Development's decision that the road would be injurious to adjacent property owners While Ada County Commissioner Visser had suggested the developer could pursue annexation with Meridian City, it should be noted that the Board of Ada County Commissioners was not in favor of the proposed road (thus their denial of the appeal) Ada County demanded the land be returned to it's original condition with the previously installed 14' wide stub road for sewer access — Exhibit 3 The developer has refused to do so, and Ada County filed suit in June 2020 (CV01-20-09111) The developer is now requesting Meridian City to circumvent Ada County's ruling and bail him out of this predicament The Meridian P&Z Staff Report recommendation of approval was made without full investigation of the facts, and prior to input from the neighborhood It should be noted that Balata residents are not against annexation of the subject property, but are strongly against the installation of a 20' wide emergency access road on the property when alternate solutions exist Alt Solutions Exist - Solution #1 The originally approved emergency access road (connecting to the Chinden/TenMile intersection) is still a viable option according to ITD — Exhibit 5 The originally approved location is also the safest, least redundant, & quickest approach for emergency vehicles The developer let his original ITD permit for the Chinden/TenMile approach expire in June 2009 The developer has made no effort since 2009 to renew his permit/application The Chinden/TenMile widening & light signal installation did result in the removal of the developer's original 2008 approach (see 2014 letter from ITD - Exhibit 6 of Applicant's Narrative), but ITD's modifications to Chinden did not necessitie relocation of the road (as the developer's Narrative would have you believe) There is sufficient space to install the access road in it's original location without crossing onto the adjacent Wagner Farms property or conflicting with the Chinden/TenMile signal — Exhibit 6 The developer prefers to negatively impact the residents at 3075 Balata with the new proposed road location vs. negatively impact his own property by running the road between fairways (as originally proposed/approved) Meridian P&Z Commissioners had requested that the developer re -pursue options with ITD regarding feasibility of the Chinden/TenMile solution prior to approaching City Council As of 12/4/20, ITD has claimed the developer has not submitted a new application, and stands behind their Dec 2019 assessment — Exhibit 5 Alt Solutions Exist - Solution #2 According to Meridian P&Z, the fire marshal has provided an alternative solution that is a win-win for all involved No emergency access road is required if all homes built beyond the first 30 have an installed sprinkler system Proposal will add $5k to $10k per home — A .5% - 1.5% increase in the average selling price of the homes This would be the neighborhood's preferred & recommended solution Developer Claims The developer claims a 20' road has always existed along the residents property line (and has a satellite view attempting to illustrate this) The 2007 Plat Map shows no existing road — Exhibit 1 The adjacent property owners submitted substantial photos confirming this The satellite views provided by the developer are intended to mislead Meridian P&Z and City Council The region claimed to be a non -maintained road is simply disturbed earth from the installation of the sewer lines — Exhibit 4 The same satellite view still shows a similar disturbed earth signature where the sewer lines cross the fairway — Exhibit 4 The developer claims that an access road is required over the sewer & water lines for maintenance purposes Sewer access is only required to the manhole covers This requirement was previously met with the 14' stub roads (which Ada County is demanding be re -installed) If Meridian requires a 'continuous' access road over the sewer lines, then roads MUST be installed over ALL sewer lines that reside under the fairways — Exhibit 8 Suez Water does not re uire a road to be installed over it's water lines, but doesn't have an issue with it either Developer Claims - continued The developer has submitted a letter from The Club at Spurwing stating the Club will not allow the road in its original proposed location The Club at Spurwing has no authority on this matter as they are the tenants, and leased the property in 2011 with full knowledge of the planned emergency access road (public record since 2007-2008 — Exhibit 1) The developer claims Rod Wagner (Wagner Farms) will not allow the previously approved road Nothing has changed since 2008 to prevent construction of the road in it's original proposed/approved location The road does not need to cross onto Wagner's property The Chinden/TenMile widening & light signal installation did result in the removal of the original approach (installed by the developer), but does not inhibit the original plan — Exhibit 6 In May 2019, the developer agreed to provide an easement to Wagner Farms allowing them to widen their entrance onto the developer's property (in the same location where the emergency access road would approach the intersection — Exhibit 7 Developer Claims - continued The developer claims the new relocated Emergency Access Road has already been approved by Meridian City — Exhibit 2 Meridian only approved for construction (03/02/2017) the portion of this plat that resides on Meridian City property The new proposed road falls outside Meridian jurisdiction and requires Ada County approval (which was denied) No Meridian public hearing was held to discuss removal or relocation of the Emergency Access prior to 2020 Meridian Staff Report Claims Staff report claims: "due to the County's denial of the site modification and City's requirement for an access to maintain the public utility; the Staff is in support of the request" Ada County has already demanded (with pending litigation) that the Sewer access stub roads be re -installed to satisfy public utility access If Meridian City truly requires an access road over the entire sewer line, then Meridian City should be consistent, and DEMAND that this also includes the sewer lines that run across the fairways Staff claims: "Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/TenMile Rd intersection; however, since the time the preliminary plat was approved, improvements have been made to the intersection which necessite an alternate location" As shown in Exhibits 5 & 6 the original proposed location is still viable, and this was confirmed by ITD in Dec 2019. The Developer has simply chosen not to pursue this option. Staff concludes their report with: "the applicant has the option to fire sprinkler additional homes beyond the 30" This would be the neighborhood's preferred solution. Summary Ada County has been very clear that the new proposed road location would be injurious and a nuisance to adjacent property owners Do not allow the developer to circumvent Ada County's decision & ruling A `continuous' road is not required for sewer/water access Ada County has demanded (pending litigation) that the developer restore the original stub roads for utility access The original 2007-2008 proposed & approved emergency access location is the safest, least redundant, and quickest approach An alternate solution has been proposed by the Fire Marshal & Meridian P&Z (regarding installation of fire sprinklers in the remaining OliveTree homes) which won't negatively impact the existing homeowner's property values Balata residents support this solution to the problem Annexation is not required, nor should proceed until the developer returns the land back to its original state (as demanded by Ada County) Exhibits Exhibit 1 Original Approved Location of the Emergency Access Road: (Plat Plans 11/27/2007) � ne&r2x•�I�ss as 1sCe m -me ue s NI[ 1>muN m, m.c m -m1 ce m nar 11,mr xvmv ra aro:7 & /ASrS 1PURi-SI0F1,i vW, P.-, �•"i mw�ulm� 99Y ilf�ailxiApi �e •� �xA! MF y � utliR b iL 01 T SgNR I m vx mw R mecnes e. ww ewl +o -n[ Moroe ¢mxruwrt u¢.m u�a warm nn �' usc.'�+�u�,�ua nx woeQ uvula uam w.��sne.>dm. lid ei V1fRWLLb aur r>Hx W=no[aa r -,yr M1N w9[L ._.__ • ww. r®u eoe-iaa< ea, rt revm a w,mr acs cars r eom l y�y14Y M1Y142 OTIC MORS- -ra'iY �t�r�Y��J.fY�W wnrvabwMtl W,.W iiy—ij ywk.�ryFl�ll..�f+iIWI Ri. hi �mSM .`.wn'WMefelN wi Mrtr in W�a1.M1 SC 4 sMy1r0'1110 w z � 20' s It Em r ency access �101f .• g�yy p] f ~ I tt JJ Grass Pa 4mtenance Road a8 Vii, y Note: No Previous existing North/South ' I 'continuous road as currently claimed by developer L N•� � 11 ilr• b. ,�4@y ���� t i5 x 1 a 6 .m, 10 � HQ1 w z � 20' s It Em r ency access �101f Exhibit 1- continued Original Approved Location of the Emergency Access Road: (Meridian City Council Hearing / Final Plat Approval — May 27, 2008) CITY OF MERIDIAN PLAIRING AND PUBLIC WORKS DEPARANTS STAFF REPORT oz AW A RESA511MSION OF LOT 3. AND PORTIONS Of L07S 2 & 4, BLOCK 1, SPuRaNc SawArUN LOCATED IN THE SW 1/4 or SECTION 23. T.4N., Pm. sm. MERIDIAN, ADA 4.'"M, MARO 20M i w. a rn ma. � , a wus atm (9i mJfaJ — — —..nom. as !/i eimo+o .aaro.w, nt uq Y[ �� per! OiB/A OL ® ��Ylli1Y Cw m �w��e.,mmcnr �yrz•auc�m ouspc� eae � ■u Mt to inwrs a acraa a�a ecamue ma ue ma 5PtlIY w LIMPAPARINDEHP �ro Exhibit 1- continued Original Approved Location of the Emergency Access Road: (Meridian City Council Hearing / Final Plat Approval — May 27, 2008) 77 �-{—� �. �_•=ate..—=. = �:,xa.���' + `=-."- i_ ON at 5por^wiNg Lan pba Emergency Vehicle Access C -. ^- 1Y4L 4Yi kFf c, 4 Exhibit 2 Developer claims the new proposed location has already been approved by Meridian City Meridian only approved (3/2/2017) the portion of this plat that resides on Meridian City property The new road location falls outside Meridian jurisdiction & requires Ada County approval (which was denied) No Meridian public hearing was held to discuss removal or relocation of the Emergency Access prior to 2020 Approved Emergency Vehicle Access Plan 0 8' ate ifiergency Ac ess Road H Plat Plans = 02/11/2016 ` (Meridian -only portion) Approved ice" for Construction = 03/02/2017 This relocated road m t requires z Ada County approval �. which was denied ®a.. 4� IN71 EV LI ,ems mmwn — to 5T-3 Exhibit 3 Previously installed cinder -gravel stub roads (for sewer access): Ada County litigation in progress to restore these previously existing Stub Roads for utility access (No annexation or action required by Meridian City for this to occur) Magnification: Disturbed earth from Sewer main installation & construction traffic III Exhibit 4 Developer's claim (P&Z Public Hearing) regarding pre-existing road is False: r Developer claims this satellite view shows a pre-existing road NMI t; - No previous road existed, nor was approved by Ada County - 2007 Plat Map (Exhibit 1) also illustrates this - This is simply disturbed earth form installation of the sewer lines & construction traffic Exhibit ITD Position Regarding Original Emergency Access Road Location — Dec 9, 2019: (Also included in submitted Agency Comments) / �paxo 0-1-A. Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 P.O. Box 8028 • Boise, ID 83707-2028 Your Economic Opportunity (208) 334-8300 • itd.idaho.gov Your Economic Opportunity (208) 334-8300 • itd.idaho.gov 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 q — Farm Commercial Development has been presented to ITD and found acceptable. ITD reviewed and accepted the development's Traffic Impact Study in June 2019 and 'I -�- provided comments on the draft site plan. g The department is awaiting revised civil a a drawings.I Page 1 of 3 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. QtqHNDBi BLVD (UB 20. 26) i weume. w.xmwwruw� ------- w I .I� Chinden Blvd/ Ten Mile Rd Traffic Signal Construction Plan Sheet Chinden Blvd/ Ten Mile Rd 2018 Google Earth Image Page 2 of 3 Exhibit 5 - continued ITD Position Regarding Original Emergency Access Road Location — Dec 91 2019): 0-1-b Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 Your Economic O ortunit pp y (208) 334-8300 i[d.idaho.gov 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.eov or (208) 265-4312 ext 7. Sincerely, Erika Bowen ITD — District 3 Traffic Technical Engineer cc. Becky McKay Engineering Solutions Page 3 of 3 Exhibit 6 Public Hearing for Wagner Farms (H-2019-0035), 3240 W. Chinden Blvd: (Meridian Planning & Zoning Commission —July 23, 2019) WAGNER FARMS SITE ANNEXATION & REZONE LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 22 TAN., R.1 W., BM, ADA COUNTY, IDAHO 1/4 22 23 O h N SVESTwIN G SU B6_ 589'1T34'E 284.24' ' r ENg011NDARYIY U69TS � n z z a ZLaa N w 40.00' zi O{ 22 W. GHINDEN 8LVD, (HWY ZD 22 23 1/4 2Y'•._ 89 734 •...____, -.,, .. N89'9T34 W 2647,43'„ a _IN 2&4.25 27. 26 —BAS1MI OF BEARING - __\_E>2 11MIfS -- — - MUMMYUMDI�ARY LAks S / U L � a I r --. nN��tu�l`�s 2 F firE 39 of\��` oM W. �+A R 54 IOD 200Lared�oiutions �Land Surveying and Conswung 231E. WdS.., MA MEolR'N, P a�pa2 ;lLBj IlWfWP [208128&255: IAS "w,i brAmh¢mtle Sufficient space for Original Emergency Vehicle Access (aligns with east half of Chinden/TenMile intersection) Exhibit 6 - continued Satellite View of Original Emergency Access Road Location): 1 J it r -; %6 � • J % �. �ld� Exhibit 6 - continued Satellite View of Original Emergency Access Road Location): I � L 1 _ 1 L •r Exhibit 7 Public Hearing for Wagner Farms (H-2019-0035), 3240 W. Chinden Blvd: (Meridian Planning & Zoning Commission — May 2, 2019) Meridian Planning B Zoning Commission Developer provided Wagner Farms Iridian Planing S Zoning Carrvnlaar�l May 2, 2019 7 2.2019 Page 18 of 118 an access easement in 2019 11a 19or 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. major state highway. You have access to an existing signalized intersection. Rod and Deb cooperated with ITD when Wal mart 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 outhound Holland: That's okay. We can ask the applicant, too. �qinto the Taclnryat the tlgnt or go westoouna so, we -- we worKea wttn -- vntn some traTric However, it does not appear the engineers and came up with this solution. I did Olive Tree at Spurning, the patio homes Leonard: okay. developer requires an easement over here at Spurwing Golf Course. So, I went to Jack Hewitt and Red Wagner also talked to Jack and -- and we asked him would you be willing to give us an access Holland: Thank you, Stephanie. from Wagner Farms to install easement, so that we could align with the future expansion of Ten Mile intersection. They will Come along with the Costoo development. He has agreed. Came t0 my office, said Perreault: Would the applicant, please, come forward. originally proposed access road draw up the paperwork, that's fine. We went to ITD, reported back to them, took this site plan. ITD said the only thing that we ask of you is that you have a traffic engineer prepare 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 for any mitigation or a tum 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 apposition 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 we5tem boundary, ifs 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 21 of 224 Ma klan City Council Meeting "rda Mey 16, 204 - Page 22 of226 Exhibit 8 Meridian Sewer Easement (from applicant's narrative) A'continuous' access road over the sewer lines is not required for utility access If this was a requirement, then why hasn't applicant requested road installation at other locatio Meridian Sewer Easement 2012 Exhibit 9 Developer's Previous Impact & Ongoing Disregard for Balata Residents & Property Values Balata Ct Traffic Issue • Mr. Jock Hewitt & The Club at Spurwing LLC have adversely impacted the property rights and quality of life of all residents along Balata Ct with the transformation of an Emergency -Only access road (located on private property) into a thru-way connector between two existing public roadways (W. Balata Ct & N. Sunset Maple Way). • The access road was approved (with no public hearings) by the Director of Ada County Development as a 'minor administrative modification' with the requirement it would have no impact to adjacent residences/neighbors. AjI White = Ada County Grey = Meridian City k White =Ade County 1 '� GFey = Meridian City � - ;F7-)�, 4- The Ada County portion of the road was approved in Feb 2010. The Meridian City portion of the road was approved in June 2010. Summary of Issue Ada County & the City of Meridian did not intend that this road be used for thru- traffic, however Mr. Jock Hewitt (owner) & The Club at Spurwing LLC (tenants) have been allowed to operate & promote the road as a thru-way. Ada County Development approved the road under the assumption it would have no impact to adjacent residences/neighbors. Meridian City's Certificate of Zoning Compliance clearly states "the proposed access drive is not intended for through traffic" ACHD provided Meridian City conditional approval for the road with the assumption that it would generate <10 vehicle trips/day. The amount of traffic on Balata Ct has reached unacceptable levels. Based on recent ACHD traffic studies, a once quiet cul-de-sac has been transformed into a thru-way connector promoting on average 553 vehicles/day (with peaks of 615 vehicles/day). 90-95% of the traffic is using the road as a thru-way short-cut to/from Chinden Blvd or Linder Rd Only 5-10% of the traffic is using the road to access the Club facilities On weekdays from Sam to 7pm, Balata residents have to cope with a vehicle every 1.6 minutes, with hourly peaks of 1 vehicle/min. [ACHD traffic study data] This does not align with the City of Meridian's intended road -use conditions, nor Ada County Development's approval of the road as a 'minor' administrative modification with no adverse impact to adjacent properties. With 430 home -sites to the west, and further expansion planned, the amount of thru-traffic will only continue to get worse. Original Intended Road -Use Meridian "The proposed access drive is not intended for through traffic nor approved as a public or private street." City Certificate of Zoning Compliance "Staff wants to emphasize the cross access drive is not approved as a public or private street. The cross access drive is meant to provide access to the tennis facility for the residences of the Jayker [Spurwing Greens] Subdivision and the Spurwing Subdivision. - Meridian City Council Staff Report "The gated drive does not qualify as a private street nor serves any residences and is not intended for general thru traffic" - Bill Parsons, City of Meridian Planning Department Ada County Development: "The intent was to provide residents on the Spurwing side access to the tennis courts and to give residents on the Spurwing Greens side access to the pool and clubhouse at Spurwing Country Club." - Megan Leatherman, Director, Ada County Development "The Director may approve specified minor modifications to an approved master site plan, provided such minor modifications will not adversely impact adjacent properties." - Ada County code 8-4E-3 ACHD conditions of approval (in regards to Meridian CZC & DES): "It has been determined that ACHD has no site specific conditions of approval for this application at this time due to the fact that this development is estimated to generate less than 10 vehicle trips per day„ - Kristy Heller, ACHD Right-of-way & Development Services The Club at Spurwing, LLC Mr. Jock Hewitt (as owner), and The Club at Spurwing LLC (as tenants) are operating the road outside it's original intended purpose: The Club at Spurwing has promoted the use of the access road as a legitimate entrance (thru-way) to & from Chinden Blvd for the subdivisions to the west. Although the roadway is gated, the property owner & tenants have provided access to all residents in the adjacent subdivisions, 'effectively' creating a public road for all residents in the vicinity to use. The Club at Spurwing has provided 'garage -style' remote gate -openers to facilitate easier use of the road, and further promote thru-traffic. Mr. Hewitt & The Club at Spurwing LLC have also refused to adequately secure the gates, and prevent unauthorized access. A common/global non -secured keypad code is used to open the gates. The 'garage -style' remote gate openers have been shared & programmed into unauthorized vehicles. Fedex, UPS, pizza delivery, landscapers, construction contractors, visitors/non- residents, and other non -Club Members have been witnessed using the access road. Mr. Hewitt & The Club at Spurwing LLC (enabled by Ada County Development & Meridian City) have effectively re-routed traffic, circumventing ACHD's planned/intended traffic patterns for the area.