CC - Staff Memo to Council 9-28 Mayor Robert E. Simison
C� E IDIAN.� City Council Members:
=�� Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
DA H t Luke Cavener Liz Strader
September 22, 2021
MEMORANDUM
TO: Mayor& City Council
CC: Penelope Constantikes, Applicant Representative
FROM: Joseph Dodson, Associate Planner
RE: Horse Meadows MDA(H-2021-0050)
Mayor& City Council,
On August 24t', the City Council continued this project to the September 28, 2021 public hearing
due to concerns over the proposed Development Agreement(DA) language changes and
proposed changes to the site plan—specifically the proposal to revise the shared access easement
area along the southern property boundary to keep access for one servient site that has refused to
relinquish their rights to the access as required with the current DA provisions.
Following the August 24th hearing, the Applicant obtained legal counsel regarding their proposal
as well as potential alternatives. On September 16, 2021, the City received a letter from
Kronberg Law, a land use legal firm, dated August 27, 2021, outlining the existing conditions,
the requested changes proposed for the August 24th hearing, and other potential remedies for the
subject access easement issue.
In response to this legal determination, the Applicant is now proposing to move the easement
from its existing location along the south boundary to overlay the proposed new public street
approved with the Horse Meadows Preliminary Plat. This proposal is in lieu of the original
proposed changes to the site plan and the DA and Staff supports this alternative based on review
of the information provided within the letter from Kronberg Law. Therefore, Staff is
recommending the following revisions to the draft DA:
5.1 d—Upon approval f the preliminary plat an r-ezen o With final plat application submittal,
the Applicant shall relinquish their rights to use the ingress-egress easement on the subject site
long the sou41, boundary known as W. Quarterhorse Lane.
5.1 e— Prior to signature on the Final Plat. the
Applicant shall demonstrate that the existing easement that provides access to parcels receives
approval and provides deewnentatien fr-em all easement helder-s (Par-eels 51210325555,
S 1210325800, & S 1210325710 has been extinguished or relocated to the City's satisfaction.)te
r-elinquish their-rights to the existing aeeess easement enee the p4he read eenneetien to Pine
Avenue is st ete »
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org