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)
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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
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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.
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Exhibit 1- continued
Original Approved Location of the Emergency Access Road:
(Meridian City Council Hearing / Final Plat Approval — May 27, 2008)
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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
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Plat Plans = 02/11/2016
` (Meridian -only portion) Approved
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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:
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Developer claims this satellite view shows a pre-existing road
NMI
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- 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�
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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
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(aligns with east half of Chinden/TenMile intersection)
Exhibit 6 - continued
Satellite View of Original Emergency Access Road Location):
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Exhibit 6 - continued
Satellite View of Original Emergency Access Road Location):
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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
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White =Ade County 1 '�
GFey = Meridian City �
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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.