CC - Staff Report 8-24 STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 8/24/2021 Legend
DATE: -� 40
DProject Location E �.
,
TO: Mayor&City Council
FROAM: Joseph Dodson,Associate Planner 21
208-884-5533 �I
SUBJECT: H-2021-0050 `--
Horse Meadows MDA
LOCATION: The site is located at 710 N. Black Cat,at
the southeast corner of N. Black Cat
Road and W. Pine Avenue, in the NW 1/4 of the NW 1/4 of Section 10,Township LL
�®
3N.,Range 1 W.
1 ;
I. PROJECT DESCRIPTION
Development Agreement Modification to amend the draft agreement approved with Horse Meadows
Rezone and Preliminary Plat(H-2020-0060),by Riley Planning Services.
II. SUMMARY OF REPORT
A. Applicant:
Penelope Constantikes,Riley Planning Services—PO Box 405,Boise,ID 83701
B. Owner Representative:
Black Cat 30 LLC— 1420 S. Mills Avenue, Ste. M,Lodi, CA 92542
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the draft Development Agreement (DA) for the approved Horse
Meadows Subdivision (H-2020-0060) to modify DA provisions, add provisions, and subsequently
update the approved concept plan. See Section V for Staff s recommended changes to the existing DA
provisions.
History: The subject site was granted approval for a Rezone and Preliminary Plat in 2020 (H-2020-
0060) for a rezone to the R-8 zoning district and a plat consisting of 26 building lots on 4.71 acres of
land. The property's existing access is via a private access to Black Cat Road, W. Quarterhorse Lane,
that also provides access for three (3) other parcels to the east and southeast (Parcels S1210325555,
S 1210325800,&S 1210325710).To help ensure that this access was removed consistent with UDC I I-
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3A-3 and ACHD policies, a DA provision was included that required all servient parcels to relinquish
their rights to the private lane easement prior to this project prior to submitting for final plat approval.
To date, three (3) of the four (4) servient sites (including the subject site) have signed an Easement
Modification Agreement (see public record for document) to relinquish their access rights and take
access through the approved public street connection to Pine Avenue; one (1) of the servient sites has
declined to relinquish their easement rights. Therefore, the Applicant is requesting to modify the
draft DA so that they may submit a signed DA, officially rezone the property, and continue
platting this subject site while maintaining the Quarterhorse Lane access for the one easement
holder until such time that property redevelops in the future.
Because Quarterhorse Lane is a private easement, ACHD cannot require its closure (as detailed
throughout the original staff report and ACHD staff report). However,the City attempted to reduce an
access to Black Cat (an arterial) by including a DA provision requiring its closure prior to final plat
submittal via each easement holder relinquishing their access rights. Per the Applicant, the refusal of
one of the easement holders to relinquish their easement rights functionally renders this property useless
with the current DA language regarding the access.
The Applicant is proposing to amend the DA provision in question and add additional provisions to
ensure the existing travel lane is maintained for the easement holder while providing assurances for the
City to restrict access to only this easement holder, emergency services, and public works. Staff has
included the Applicant's desired language in Exhibit V.A and has made recommended changes to their
requested language in the same exhibit below.
The concept plan and preliminary plat in the existing DA depicts a portion of Quarterhorse Lane area
as a public road for the benefit of the subdivision and the remaining portion closest to Black Cat as
green space containing utilities and a pedestrian access to Black Cat. See Exhibit B for the existing
concept plan. As part of this DA Modification and request to amend the provisions, the concept plan
for the green space area abutting Black Cat must also be revised to show the travel lane remaining. In
addition,to restrict access to/from Black Cat,the Applicant is proposing to install a gate approximately
100 feet into the site from the edge of pavement that will be accessed only by the City and the remaining
easement holder.
In summary, staff finds the requested changes to the concept plan are feasible under the latest
circumstances and finds the proposal to gate the access to Black Cat and keep the traffic of one rural
residential home through this access is appropriate. Therefore, Staff recommends approval of the
modifications as requested including additional changes as noted below.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the draft DA of Horse Meadows Subdivision(H-
2020-0060) as recommended by Staff s analysis above and with the specific changes below,
generally consistent with the Applicant's requested language.
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V. EXHIBITS
A. Development Agreement provisions from approved Draft DA(H-2020-0060):
1.Existing Provisions:
5. CONDITIONS GOVERNING DEN'ELOPMENT OF SUBJECT PROPERTY:
5.1. Owners. Developer shall develop the Property iu accordance with the follo�vni lu
special conditions:
a. Future developt_uent of this site shall be generally consistent �--ith the submitted and
revised plans and conceptual building elevations for the detached single-family
dwellings ilichuded m' Section VII of the Staff Report attached to the Findiuugs of Fact
and Conclusions of Law attached hereto as exhibit--B".and the provisions contained
hereitr.
h. The Applicant shall comply��7Ith the ordlnances In effect at the tulle of application
submittal,
c. Direct lot access to N. Slack Cat Road and W. Pine Avenue is prohibited,
d. Upon approvaI of the preliminary plat and rezone. the Applicant shall relinquuish their
rights to use the n ress-egress easement along the south boundafy known as W.
Quarterhorse Lane.
e. A final plat application shall not be submitted until the Applicant recelVes approval
and provides documentation fi•om all easement holders (Parcels S 1210325555,
51210325500, & 51210325710) to relinquish their rights to the existing access
easement once the public road contuection to Piste Avenue is constructed.
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2.Applicant's Requested Language:
d. The Applicant has signed the Easement Modification Agreement relinquishing
their rights to use W. Quarterhorse Lane and U upon final plat approval,
construction of and acceptance by Ada County Hig r�ways District of the
proposed pubEc roads with access to Pine Avenue at the approved location peva
FiglAs-the applicant shall cease to use the ingress-egress easement along the
south boundary known as W. Quarterhorse Lane.
e. A final plat application shall not be submitted until the Applicant receives
as nro�provides Easement Modification Agreement documentation fi•om
the-all easement holders of (Parcels S1210325555 and ,S121 :5900, &
S1210325714) to-drat relinquishes thee rights to the existing access easement
once the public road connection to Pine Avenue is constructed.
f. The owner of Parcel S1210325710 wishes to retain ingress and egress access to
Flack Cat Road via the remainder 20 foot wide Navel lane of the easement area
known as W. Quarterhorse Lane where is traverses the pg! ion of common lot
Lot 1, Block 1. The rao ping 30 feet of the easement area will include sewer
and water lines,to serve Horse Meadows Subdivision and a pedestrian access to
Black Cat Road. The 20 foot wide travel lane will also serve as access for the
City of Mendian Public Works for maintenance and repair of the sewer and
water service lines and for emergency life and safety services.
e g.To restrict access to the travel lane for the exclusive ingress and egress use of
Parcel S 1214325714, life and safety emergency vehicles and City of Meridian
Public Worb access for maintenance and repair of the sewer and water service
lines, and provide adequate vehicle storage area, a gate will be installed
approximately 100 feet from the edge of pavement of Black Cat Road. Parcel
S 1210325710 will be provided with a key to the gate.
3. Staffs Recommended Changes:
5.1.a-5.1.c: No recommended changes.
5.1.d: " ,The Applicant has signed the Easement
Modification Agreement relinquishing their rights to W. Quarterhorse Lane and,upon final plat
approval,the Applicant shall Fell quis,, the -Fights cease to use the ingress-egress easement along
the south boundary known as W. Quarterhorse Lane.
5.1.e: "A final plat application shall not be submitted until the Applicant receives approval and
provides Easement Modification Agreement documentation from a44-easement holders of(Parcels
S 1210325555, e i 210325800, & S 1210325710)to that relinquishes their rights to the existing
access easement once the public road connection to Pine Avenue is constructed."
Add Provision: "The owner of Parcel S 1210325800 wishes to retain ingress and egress access to
Black Cat Road via the remainder 20-foot wide travel lane of the access easement area known as
W. Quarterhorse Lane where it traverses Lot 1,Block 1 of the Horse Meadows preliminary plat, a
common lot. The remaining 30 feet of the easement area will include sewer and water mains to
serve Horse Meadows Subdivision and a pedestrian access to Black Cat Road. The 20-foot wide
travel lane will also serve as access for the City of Meridian Public Works for maintenance and
repair of the sewer and water mains and for emergency access."
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Add provision: "To restrict access to the travel lane for the exclusive ingress and egress use of
Parcel S 1210325800, life and safety emergency vehicles, and City of Meridian Public Works
access for maintenance and repair of the sewer and water mains, and provide vehicle stacking, a
gate shall be installed approximately 100 feet from the edge of pavement of Black Cat Road;
relevant parties, including parcel S1210325800,will be provided with a key to utilize the gate."
B. Existing DA Concept Plan/Approved Preliminary Plat:
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C. Revised Plan—area in question:
p� [��/ PO-Box 405
RILEY PLANNING SERVICES flume,ID63701
3-FOOT OPEN VISION
FENCE TO PREVENT
ACCESS TO BLACK CAT
ROAD EXCEPT AS
PROVIDED
4-FOOT CLOSED VISION FENCE WITH LATTICE
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ASPHALT PATHWAY TO BLACK CAT ROAD
TURF AND OPEN SPACE AREA
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?-FOOT WIDE DRIVING SURFACE—GRAVEL LOCKING GATE FOR EXCLUSIVE USE
(Fire& Emergency,Public Works and S1 11032555) BYrACCESS TO BLACK CAT ROAD FOR
PROPERTY OWNERS OF S1210325555,
FIRE DEPARTMENT&PW
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