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2021-01-26 Rick Mauritzon Charlene Way From:Chris Johnson Sent:Tuesday, January 26, 2021 4:51 PM To:Charlene Way Subject:FW: AZH 2020-0987 And this. From: ERIC EPPERSON <ericepperson@me.com> Sent: Tuesday, January 26, 2021 4:43 PM To: Chris Johnson <cjohnson@meridiancity.org> Cc: MAURITZSON RICK <RMAURITZSON@msn.com> Subject: AZH 2020-0987 External Sender - Please use caution with links or attachments. 1641 Hours Tuesday 26 January 2021 TO: Chris Johnson Subject: AZH 2020-0987 Good afternoon, I am the president of the Spurwing Homeowners Association (hereafter HOA). Rick Mauritzon is an HOA Board member and speaks on behalf of both the HOA Board and the Balata Street Residents. - - Eric R Epperson President Spurwing Homeowner Association 1 Spurwing Sewer Easement Annexation & OliveTree Emergency Access AZ H-2020-0087 Rick Mauritzson Spurwing HOA Board of Directors Balata Representative January 2021 January Update The Spurwing HOA & Balata Residents have argued against the new proposed road location for 3 reasons: 1. The new proposed location imposes a significant negative impact to the adjacent homeowner's property value & quality of life 2. A road is NOT required Installation of fire sprinklers in the remaining OliveTree homes has been proposed by both Meridian P&Z and the Fire Marshal as an acceptable alternative solution • The developer can pursue this solution without Meridian annexation The Meridian Police Chief, Jeff Lavey, stated during the December meeting that a secondary emergency access such as the one proposed has never been used to his knowledge Fire sprinklers are a much more practical & 'likely-to-be-used' solution vs. a secondary access Why go against Ada County's ruling and negatively impact Balata homeowners for a road that is not necessary? 3. If a road is dictated by Meridian, the original 2007-2008 approved emergency access location is still the safest, least redundant, and quickest approach With the pending home sale of the adjacent resident, #1 is less of an issue. However, the HOA has not changed it's stance regarding it's recommendation against the proposal for the reasons above January Update - continued The Tseng's have agreed to the new road location only because they are fed up with the current situation, and have decided to move (a few blocks away). If they were not moving, they would still be steadfast against the proposal The developer has negatively impacted the Tseng's (and all Balata residents) with the relocation & repurposing of a previous emergency access road that now generates 500-600 cars a day down the once quiet Balata cul-de-sac (background information available in Exhibit 7) Then for the past 1.5 years the Tseng's have been tormented with the negative impact of this new road (constructed along their property line) that was relocated & constructed by the same developer without permit It's obvious that the developer thought it would be easier to ask for forgiveness vs. permission (at the expense of the Tseng's quality of life) The Tseng's had to relocate one of their dogs, deal with continuous foot & bike traffic, and live with an eye- sore/deteriorated view of the golf course for the past 1.5 years Ada County after a very thorough investigation into the matter ruled against the new road, but Meridian P&Z rushed to the developer's rescue with a rubber stamp (Staff Report) recommendation based solely on the developer's narrative, with several incorrect facts & assumptions It's no surprise the residents have had enough! Throughout this process the developer has manipulated the system, and his actions should not be rewarded when alternate solutions do exist 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 A continuous road is not necessary, nor required, for utility access (as detailed in the December presentation) - 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 necessitate an alternate location" As shown in Exhibits 3 & 4 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. An alternate location is not necessary Staff states 'the applicant has the option to fire sprinkler additional homes beyond the 30' as an alternate solution. This option does not require annexation. Summary Ada County has been very clear that the new proposed road location would be injurious and a nuisance to adjacent property owners While the most impacted resident has lost hope and decided to move, the new proposed location is still not the logical/safest location, and still impacts (albeit to a lesser degree) adjacent residents (see Klein letter, Exhibit 6) A `continuous' road is not required for sewer/water access Ada County has pending litigation forcing the developer to restore the original stub roads for utility access (No action needs to be taken by Meridian to restore sewer/water maintenance 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 Meridian P&Z (with Fire Marshal approval) involving installation of fire sprinklers in the remaining OliveTree homes Balata residents support this solution to the problem Annexation is not required for this option, nor should proceed until the developer returns the land back to its original state (as demanded by Ada County) Do not allow the developer to circumvent Ada County's decision & ruling December Presentation AZ H-2020-0087 Background The OliveTree sub has an approved emergency access road that connects to Chinden/TenMile 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 E Golf Course views & property value negatively impacted by gravel road Ono Road use by people walking, jogging, & biking (even if gated) Backyard of 3075 Balata Ct adds additional nuisance 1 Background - continued • View of previously existing cinder-gravel stub roads (for sewer access): • Ada County litigation in progress to restore these Stub Roads for utility access • �at (Similar Stub Road) w L �. Magnification: Sewer Access nts Li } , n Disturbed earth from Sewer main ! installation& construction traffic Background - continued Aerial view of 20' wide unapproved road constructed without permit on July 2nd, 2019 (over 4th of July weekend) } I+ L - � r - 4 y ZIP Sewer maintenance stub road Non-obtrusive similar r sewer maintenance stub road used to exist here Golf Course views & + . a „ property value '� { negatively impacted by gravel road ' Road use by people walking,jogging, & Backyard of 3075 Balata Ct biking (even if gated) adds additional P - nuisance Background - continued Aerial view of 20' wide unapproved road constructed without permit on July 2nd, 2019 (over 4th of July weekend) Oki Sewer maintenance stub road Non-obtrusive similar sewer maintenance AL '-; stub road used to exist here Golf Course views & ' property value negatively impacted by gravel road Road use by people walking,jogging, & Backyard of 3075 Balata Ct biking (even if gated) adds additional - nuisance 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 made clear that the Board of Ada County Commissioners was not in favor of the proposed road Ada County has required the land be returned to it's original condition with the previously installed stub roads for sewer access 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 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, less impactful solutions exist Alt Solutions Exist - Solution # 1 The originally approved (Chinden/TenMile) emergency access road is still a viable option according to ITD — Exhibit 3 The originally approved location is also the safest, least redundant, & quickest approach for emergency vehicles — Exhibit 2 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 (Exhibit 6 of Applicant's Narrative), but ITD's modifications to Chinden did not necessitate relocation (as the developer's Narrative would have you believe) There appears to be 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 4 The developer prefers to negatively impact the residents at 3075 Balata with the new proposed road location vs. negatively impact his own business (fairway) property Alt Solutions Exist - Solution #2 Meridian P&Z (as summarized in the Staff report) & Commissioner Yearsley have proposed an alternative solution that is a WIN-WIN for all involved No emergency access road is required if all homes 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 The 2007 Plat Map shows no existing road — Exhibit 1 The adjacent property owners have 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 The same satellite view still shows a similar disturbed earth signature where the sewer lines cross the fairway Developer Claims - continued Developer's claim (P&Z Public Hearing) regarding pre-existing road is False: Developer claims this satellite view shows a pre-existing road -No previous road existed, nor was approved by Ada County ` - 2007 Plat Map (Exhibit 1) also illustrates this r - - This is simply disturbed earth form installation of the sewer lines & construction traffic F ■■- yrt Fi i f y 1l" J M �y r Similar to disturbed earth region here, where sewer lines cross the Fairway ... - Developer Claims - continued 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) Suez Water does not require an access road to be installed Developer Claims - continued 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 locations? Meridian Sewer Easement - 2012 If a`continuous'road is required here(vs.stub roads to the manhole covers) _.. _.Then-servwx-roadsshnuk alsn'e installedhere and offierlocaYions. ._...—..—. .... _ A 6%NIBff A �� 9PVRBBEC CBAIl8NC8 SUBDMStON ��[]uadldnt BBPBiT6 9ANIwARY 68BBR S�ii�Nf tan�iling�in w VIB28S V1 OP SYCPON�9.I�R-.R.1V.. M. l ® 0 © ® i SS vww•. � ® o _ 0 o I I I I Y I 0 � �_ n CNINDLN B0NlEVARB � �_ w 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 tenants, and leased the property in 2011 with full knowledge of the planned emergency access road (public record since 2007 — 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 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 4 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 5 Developer Claims - continued Developer claims the new proposed location has already been approved by Meridian City Meridian only approved (Mar 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 ail at inergency A�cess Ro I;oE j Plat Plans=02/11/2016 1 tIN j (Meridian-only portion)approve I �. for construction=03/02/2017 - This relocated road re Ipiir uire .i q iN tr�liiF 5 r Ada County approval - --�moo' which was denied ( p � eu ZI 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 necessitate an alternate location" As shown in Exhibits 3 & 4 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 Developer has also made minimal effort to follow-up on recommendations made by P&Z Commissioners A `continuous' road is not required for sewer/water access Ada County has pending litigation forcing the developer to restore the original stub roads for utility access • (No action needs to be taken by Meridian to restore sewer/water maintenance 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 Meridian P&Z (with Fire Marshal approval) involving 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) °' '!'°I �44'(j ass Pa ,iitenance oad [ � Note: o Previous existing North/South "continuous road as currently claimed by developer aw.w we.,uz,.�.u..sea.a. � a "v� '�•� E � i�uvmev rwmmrr-yerw ___ i i R ....... ......... LL OF,E 0� v 2 As alt ECM ency Acc o ai - .... ess :.. S ST 3 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 DEPARTOENTS STAFF REPORT 0ZaFVX%vR=die$M&1=VrJ3M SI MIMMON A BEWMMSION OF LOT 3.AND PORTIONS OF LOTS 2 h 4.ELM 1,SPORWING 5LHI)1MriJ N — —iNltOs'®R LOCATED IN THE STY 1/4 Or SECTION 23.T.4N.,R.IM,BA. IIFJ?01LK ADA C"M.IDAHO __•uu+r 200E X. I ��rx�, Ss '�''P I /I syyh�A''♦tI.M u r., i �5 API$µ � ;}+WlBl6 96�ffiON I�I i n� w 4 _ A ee y•ffi — t G�•f0.(91 S/PoJ_ _ � �_ _ __ __ _ V 5 LTD P.1fl1ARi� Exhibit 1 - continued Original Approved Location of the Emergency Access Road: • (Meridian City Council Hearing/ Final Plat Approval — May 27, 2008) CITY OF MERIDIAN PLAT ING AND PUBLIC WORKS DEPARTONTS STAFF REPORT i e 666 it utsnb S �..j > L Wvetref at Spurwing Landscape Plan : e Emergency Vehicle Access , 4 Exhibit 2 New proposed road location, besides injurious to adjacent property owners (as determined by Ada County), is NOT the safest, least redundant, nor quickest path Proposed relocated road: • Relies on >60%of the primary access to be clear of obstructions • (Roadways around the Spurwing clubhouse are the most likely to The 2 pAhls edk,-FWq Vehlri4�5 be obstructed) We"pawl*III+11114 WILh"Wr* • Alternate access point is several blocks away "FOM I6UH011'add • Access through 3 gates is required ""c L#pie*twrFVdA 40WW * tM ON*Tr*&(MIAFk"with$KID X) GA TG iK9VK TREE .1009 w er4n#i�k �rnrh* IP UYA6 ■*.. ram * ORIGll AL ■ iFld¢a D, W C h oden SW � '.tirerruw�r rip a Exhibit 3 • ITD Position Regarding Original Emergency Access Road Location — Dec 9, 2019: • (Also included in submitted Agency Comments) +n u•o' Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT m�rinuxo " Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT E P.O.Box 8028•Boise,ID 83707-2028 F P.O.Box 8028•Boise,ID 93707-2028 Your Economic Opportunity 2081334-8300•ita.iaano.gov E Your Economic Opportunity 208)334-8300•im.idano.go a' December 9,2019 The history behind Permit 3-08-426,Spurwing's previous emergency access approach onto Chinden Blvd is as follows. Brent Danielson Development Services June 6,2008—ITD issued Permit 43-08426 to Spurwing Limited Partnership.The access was identified as a 200 W Front St. 2011,wide gated emergency access. Boise,ID 83702 June 30,2014—ITD issued Permit#3-13-217 to PACLAND(Walmart)for roadway widening and traffic VIA EMAIL 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 RE:Emergency Vehicle Approach at US 20/26 milepost 36.265,left(Intersection of US 20/26 and Ten Mile Rd( became void with the removal of the emergency approach. Dear Mr.Danielson, 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 The Idaho Transportation Department(ITD(was asked to clarify our position regarding an emergency approach on the entirely within the western parcel.The future driveway connection is identified as being constructed by others as part north side of the US 20/26(Chinden Blvd)/Ten Mile Road intersection.For safety reasons,there can only be one of a separate project.Although the single approach was constructed in the traffic signal project,it was never approach located on the north side of this signalized intersection.However,ITD is not opposed to a single approach permitted.ITD does not have any documentation regarding the intended use. 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 ___ '•I- crraet elrotue aA ast • approach were to remain entirely on the Wagner Farms parcel,a cross access agreement would need to be and submitted to ITD .____—__—__ _y_______—__� d5 ___� mA • If theapproach was reconstructed and centered on the parcel boundary to better align with the signalized intersection,a joint access agreement would be needed. -_----->r------r---- — ------ ---- --- ew.., e li�nlni The concept of a joint access forthe Wagner Farm Commerc al Development has bee presented to ITD and found acceptable ITD - reviewed and accepted the development's Traffic Impact Study in June 2019 and o provided comments on the draft site plan 'F^ Chinden Blvd/Ten Mile Rd Chinden Blvd/Ten Mile Rd The department's awaiting revised civil Traff 'c Signal Construction Plan Sheet 2018 Google Earth Image drawings —jl °� r "` Page 1 of 3 Page 2 of 3 Exhibit 3 - continued ITD Position Regarding Original Emergency Access Road Location — Dec 9, 2019): f Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT P.O.Box 8028•Boise,ID 83707-2028 Your Economic Opportunity (208)334-8300•itd.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 meat erika.bowen0itd.idaho.aov 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 4 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.I W.,BM,ADA COUNTY.IDAHO 1�4 y xx za JWUMING SUED. $� l 38917'WE 284.24' /.r��' e�aloAa�rn wrs �A INOEN EIYU.(HWY 20 zz 23 E 14 ---- <z5 " $E Sufficient space for Original Emergency Vehicle Access R.• BA95 Df BEARING.--..--�.� �— EWM Y IlMIIS s`""°� °p . f ——- (aligns with east half of Chinden/TenMile intersection) p �z41�1i�� I l�rf OF �� �N W.NA 50 L a d solutions ,� 200 Surveying and Consuldng Exhibit 4 - continued Satellite View of Original Emergency Access Road Location: r M.On :W : sr�n� 4.. -. Exhibit 4 - continued Satellite View of Original Emergency Access Road Location: 4 � JARS "4� R rw7rm •�rrns••r. .� . Exhibit 4 - continued Street View of Original Emergency Access Road Location: Chinden/TenMile widening & light signal installation did not necessitate relocation of the original planned access road Exhibit 5 Public Hearing for Wagner Farms (H-2019-0035), 3240 W. Chinden Blvd: • (Meridian Planning & Zoning Commission — May 2, 2019) Mentllan Pl—i,g&Zon Commission +klan Plamrg BZonirg Cwnmisapn M.yz,p,g Developer provided Wagner Farms �zprp Pegs 1p of 118 P sire Perreault:Thank you.Are there any questions for staff? an access easement in 2019 lajor state highway. You have access to an existing signalized intersection. Rod and Deb cooperated with ITO when Warrant went in.They had the burden of expanding this Holland:Madam Chair? 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 an the Perreault:Commissioner Holland. property and what makes the most sense is a commercial designation.So,wemel--mel with your staff on multiple occasions. We kind of decided on the community business, Holland:One question.Where the roadway lines up with Ten Mile,is that going to align the C-C zone would be the most appropriate zone for what we were contemplating and with where that intersection stoplight is going to go into in the future and does that also so--getting excited here.So,what they came up with is a site plan,which you see here. connect with the Three Lakes Drive?Is that the same drive access? ITD-we had multiple meetings with them and they Indicated that they are going to need some additicnal right of way,which we are allocating 30 additional feet of right of way Leonard:Madam Chair,Commissioner Holland,I believe-it does line up with Ten Mile and,than,they said in addition to that we will need 30 feet of easement and,then,we will and that light.I'm not sure about the Three Lakes Road though. want you to move your access further to the east,so that it would align with the cuthound -or the--so the westbound outside turn lane,so eo le could either come suet ht Holland:That's okay.We can ask the applicant,too. E act ity at a Ig t or go west un ,we--we wore vn --m some tra However,it does not appear the rs and came up with this solution.I did olive Time at Spurwing,the patio homes Leonard:Okay. devel0 er requires an easement e a[Spurwing Golf course- So,I went to Jock Hewiff and Rod Wagner also p Q Jack and--and we asked him would you be willing to give us an access Holland:Thank you,Stephanie. r 7 nt,so that we could align with me future expansion of Ten Mile intersection.They from Wagner Farms to install _me along w h the GOs[pp development He has agreed Game to my office,said Perreault:Would the applicant,please,come forward. originally proposed aCCBSS road the paperwork.that's fine,We went to ITD,reported back to them,took this site g }�p p D said the onl thin thalwe ask of a is that ou have a traffic en inset re are McKay:Thank you,Madam Chairman,Members of the Commission. I'm Becky McKay ne ane yvs. o,we eve a Ic eng neereva ua e e use an a necessi with Engineering Solutions.Business address 1029 North Rosario in Meridian.I'm here for any mitigation or a turn lane analysis and he indicated(here is none. We don't this evening representing the applicant on the applications that are before you. As generate enough traffic.The intersection will operate within an acceptable threshold and Stephanie indicated,we requested a Comprehensive Plan amendment. We have also for the capture traffic that we will be taking up,he-he said we don't meet that warrant requested annexation and rezone on this particular piece of property.The-the property for a decal lane-When we had our neighborhood meeting,we had about 20 people that is 2.2 acres.Does it pop up?Will it stay up?Yap.There it goes.Got it.So,the property attended. Primarily a lot of the people from the West Wing neighborhood.We listened in question lies right here,right at the Ten Mile intersection. Its 2.2 acres in size.There to their comments.We made significant changes based on their comments.There is a is two existing single family dwellings on the property and there is an existing barn.Since gentleman that lives do north of us,his home is right here and he said,you know,I-I approximately 1982 the property's been owned by Rod and Deb Wagner and they have don't have any apposition to the Wagner's expanding this and building a new facility,but had a produce barn and raised their own organic vegetables and have sold produce,fruit I do want a masonry wall,you know,six or eight feet,whatever height would be allowed and vegetables out of this facility. Over time,as this area developed and in my by the city of Meridian, I want landscaping and,you know,buffering. We also initially discussions with them when they first started out the subdivision to the west didn't exist. had the pumps located on the west side and it was overwhelming comment from the Spurwing didn't exist. Obviously,there was no signalized intersection or subdivisions neighbors,you know,Why don't you move the pumps to the east side,because,then, around them.They were kind of isolated out on Highway 20-26.Over time their business they will be next to the golf course and,then,that would be less noise.We don't have has blossomed and it expanded and they have a significant following of people who live any residences on our western boundary,it's just open space.Cops.There we go. So, in this vicinity and who traverse Chinden and stop in here to get produce and--and fruits as you can see,this is a common lot in that subdivision and,then,here is their irrigation and homemade jams and other items that they offer at this facility.As everything started pond. So,we donl have any residences boundary adjoining our western or cur eastern to develop,obviously,the Costco development to the south is the most significant boundary. we have the one house to the north. So,we made those changes. Staff development.The whole kind of character of this corridor has changed and they decided asked us_they said,you know,we want a ten foot multi-use pathway along that Chinden that,you know,maybe it's time that we relocate somewhere else and based on the input corridor.So,we came up with about 38 and a half feet of landscaping here as our buffer from their customers,their customers are like,please,you know,we--we would love you and,then,the ten foot pathway and,then,that allowed us to have ample room for bees to stay here and--and expand your facility,so it's not just seasonal,but is a year round and shrubs. The circulation pattern.if someone is,obviously,coming into the C store, facility and so Deb and Rod came to me and-and Paul,who they kind of teamed up with they would come in,park here in the front.We have--exceed the parking requirements. and--and said,you know,what--what do you think and I said,well,obviously,the low For fueling the residents would come in and they would fuel here and here.And for the density residential designation on the comp plan is just an oddball. I mean you're on a produce they will have access behind the building or they can come in from the front.but Merman city Court M—ii,agenda May 16,M19-Page 21 m22a PapePk4M Charlene Way Exhibit 6 From: Eric and Mary Kay Klein<emkkleinl@gmail.com> Sent: Friday,October 09,2020 10:57 AM To: Charlene Way Klein letter (Public Comments) —The Subject: Easement Annexation AZ H-2020-0087 • Klein's reside directly opposite the Tsengs' External Sender-Please use caution with links or attachments. and would have a direct view of the road & Dear Ms.Way, gate where it terminates at B a I a to This is in reference to the upcoming public hearing regarding the proposed annexation of a small parcel of property within Spurwing Subdivision/Country Club that is currently located within Ada County. My husband and I live at 3072 W.Balata Ct.,Meridian,very much within the area of impact that would be affected should lock Hewitt receive this annexation.We have been told by Jock's representative that"this is necessary for water/sewer access as well as an emergency route for the Olive Tree Subdivision",currently owned by Jock. It is interesting to note several things about this statement from her. 1)Currently,there is a water/sewer access on the west side of this same fairway/green,that serves this same purpose.The access "road"is merely and small,unobtrusive strip of blacktop,ending in some type of sewer cover/access.The strip appears to be no more than 8'in width,and is surrounded by grass. It is barely noticable,yet apparently serves its function since it was installed and has remained that way for at least 3-4 years.Given this,it seems odd that we are now told that the fully curbed,nearly road-width parcel,completely surrounding the adjacent property,is necessary for water/sewer access. 2)We are also told that there needs to be two access routes within the Olive Tree Subdivision for emergency use.We all whole- heartedly agree to this and would want such an access to exist. However,when the plans for the Olive Tree Subdivision were initially submitted and approved,Jock had a short access road extending from one of the streets with the subdivision,to the edge of the golf course property,located at the corner of Chinden Rd.and Ten Mile Rd.This access"road"went between the 2nd green and the 3rd hole tee box.Not only is it a much shorter"road"in length than the one he is currently proposing,it is a much shorter trip for emergency vehicles to take if needing to access the subdivision.If an emergency vehicle needed to access the path that Jock is currently proposing,it would need to enter the Spurwing Subdivision from Chinden Rd.,wrap through the neighborhood with 1/4 of streets,enter one gate,then make a 90-120 degrees turn through a second gate,drive down the access road until reaching the Olive Tree Subdivision. If the road that was originally approved were to be constructed,an emergency vehicle would continue down Chinden Rd,a larger and much wider road allowing for greater speed,make one turn at the one and only gate,drive over a much shorter access road until reaching the Olive Tree Subdivision. 4) Lastly,Jock has been denied this same request not only once,but twice by Ada County.It is apparent that he acts with impunity when he is not getting what he desires. He is hoping that you will grant him this annexation,which serves no purpose to the intents that we have been told by his representative.The annexation of this parcel will directly affect the valuation of our homes and is not only not necessary to fulfill all of the stated objectives,it would place an"L"shaped peninsula of Meridian City property right in the middle of Ada County property. We kindly implore you to deny Jock's proposal,thereby not only upholding two Ada County Commissioner rulings,maintaining property values,but most importantly,paving the way for the approved,shorter and more efficient safety route for the residents of Olive Tree Subdivision. Thank you for your time in this matter. Sincerely, Eric and Mary Kay Klein Exhibit 7 Developer's Previous Impact & Ongoing Disregard for Balata Residents & Property Values Exhibit 7 - 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. • Meridian City's Certificate of Zoning Compliance states the proposed access drive is not intended for through traffic 1White=Ada County Grey;-_Meridian City v, \� MR -&county Grey=Mwidian City Y� The Ada County portion of the road was approved in Feb 2010. • The Meridian City portion of the road was approved in June 2010. Exhibit 7 - 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 which should have 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. Exhibit 7 - Original Intended Road-Use Meridian C" • "The proposed access drive is not intended for through traffic nor approved as a public or private street." -Meridian 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 Exhibit 7 - 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. Exhibit 7 - continued Spurwing Greens Billboard The Emergency Access Road (and Balata Ct) have been advertised & promoted as a legitimate thru-way to Spurwing Greens & other subdivisions to the west PURIING • I • y�^ - k Exhibit 7 - Balata Traffic: Vehicles/Hour ACHD Balata Ct Traffic Study 60 01/31/20—02/05/20: Weekdays Only 50 F- c 40 VG = 40 N- 30 - MON ■ TUE > 20 ■ WED ■ FRI 10 - - 0 Exhibit 7 - Minutes Between Vehicles ACHD Balata Ct Traffic Study 4.0 01/31/20—02/05/20: Weekdays Only 3.5 3.0 t a, 2.5 AVG = 1.6 3 2.0 MON 1.5 _ TUE 3 1 ■ WED = 1.0 ■ FRI 0.5 0.0 C�f C5 f oaf' ti ti 8am-10am & 3pm-7pm: AVG = 1.3 Exhibit 7 - Balata Traffic: Vehicles/Day ACHD Balata Ct Traffic Study 700 [01/31/18—02/06/18]vs. [01/31/20—02/06/20] Weekdays Only 615 615 +114 600 vehicles/day J- 524 26% 500 48 �ea 43J43 44 43 0 41 41 400 °' FEB 2018 a, .U-t 300 FEB 2020 a, 200 100 0 MON TUE WED THU FRI AVERAGE