Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- ,
AND DECISION&ORDER A
In the Matter of the Request for Development Agreement Modification to amend the draft
agreement approved with Horse Meadows Rezone and Preliminary Plat(H-2020-0060),by Riley
Planning Services.
Case No(s).H-2021-0050
For the City Council Hearing Date of: September 28,2021 (Findings on October 12, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of September 28,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 28,2021,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of September 28,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of September 28,2021, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Horse Meadows MDA—FILE#H-2021-0050) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 28,2021,incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Development Agreement Modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of September 28,2021, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC I 1-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Horse Meadows MDA—FILE#H-2021-0050) -2-
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of September 28,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Horse Meadows MDA—FILE#H-2021-0050) -3-
By action of the City Council at its regular meeting held on the 12th day of October
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 10-12-2021
Attest:
Chris Johnson 10-12-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 10-12-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Horse Meadows MDA—FILE#H-2021-0050) -4-
item#1o. EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 9 2^�T 9/28/2021
Legend � 0
DATE:
DProject Location , FFMV .< 7
,
TO: Mayor&City Council
FROAM: Joseph Dodson,Associate Planner -
208-884-5533
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 ,®
3N.,Range 1 W.
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 S 1210325555,
S 1210325800,&S 1210325710).To help ensure that this access was removed consistent with UDC 11-
Page 1
Page117
item#�o. EXHIBIT A
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 Appheant is requesting to modify the
draft DA so that they may submit a signed DA, offleially rezone the property, and eontiflue
platting this subjeet site while maintaining the Quar-ter-hor-se Lane aeeess for- the one easement
holder-until sueh time that property r-edevelops 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.
Following the August 24' hearing, t�pplicant obtained legal counsel re ag rdin their 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 24t' 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.
The Appheant is proposing to amend the DA provision in "estien and add additional provision
easefe the e*istiag tf�el lane is maintained fer-the easemet4 holder-while providing assiffanees fer-the
City to r-estFiet aeeess to efily this easemefA holder-, emer-gefir-1' I ..d publie wodEs. Staff has
The eeneept plan and pr-ehminar-y pW in the existing PA depiets a peAiefi of Quaftefher-se Lane area
eeneept plan. As paA of this PA Madif4eation and r-e"est to amend the pr-evisions, the eeneept plan-
for-the een spaee afea abut4ing Blaek Ca4 must alse be revised to show the tfavel !a-me r-emaining. 1-n-
100 feet inte the site ftem the edge ef pa-vemen4 that will be aeeessed only by the Cit-y a-ad the remaining
easeme—holder
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.;
Page 2
Page 118
item#�o. EXHIBIT A
gefte-all ., istef 4 with the n,-.,-.i;eant's r-e"ested language.
B. The Meridian City Council heard these items on September 28,2021. At the public hearing the
Council moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Penelope Constantikes,Applicant Representative
b. In opposition:None
C. Commenting: Penelope Constantikes
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Nary, City Attorney
2. Key issue(s)of public testimony:
a. Mr.Morgan, servient site neighbor—spoke about desire to change access to the
proposed location with approved plat.
3. Key issue(s)of discussion by City Council:
a. Can access be changed without consent of all easement holders,•
b. Would including a gate put the City in n any legaljeopardv:
C. Following Council continuance and legal interpretation from Kronberg Law.does Staff
have concerns with proposal to move access easement.
Page 3
Page 119
item#�o. EXHIBIT A
V. EXHIBITS
A. Development Agreement provisions from approved Draft DA(H-2020-0060):
1.Existing Provisions:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners."Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the submitted and
revised plans and conceFraal building elevations for the detached single-fancily
dwellings included in Section VE of the Staff Report attached to the Findings of Fact
and Conclusions of Law attached hereto as exhibit"B".and the provisions contained
hereifn.
b. The Applicant shall comply nth the ordliiances un effect at the time of application
submittal,
c. Direct lot access to N. Slack Cat Road and W. PI ne Av.enue is prohibited,
d. Upon approval of the prelunninary plat and rezone. the Applicant shall relinquish their
nights to use the ukaress-egress easement alone the south boundary known as W.
Quarterhorse Lance,
e. A final plat application shall not be submitted until the Applicant receives approval
and provides documentation fi•onn all easement holders (Parcels S h210325555,
51210325800. & 51210325710) to relinquish their rights to the existing access
easement once the public road conunection to Pune Avenue is constructed.
Page 4
Page 120
►tem#�o. EXHIBIT A
2. Staffs Recommended Changes:
5.1.a—5.1.c: No recommended changes.
5.1d— With final plat application
submittal, the Applicant shall relinquish their rights to use the ingress-egress easement on
the subject site aleng the Offlith betindafy known as W. Quarterhorse Lane.
5.1e— ^ final„la4 appliea4ion shall not be s„bff4ttoa Prior to signature on the Final Plat,
tm64 the Applicant shall demonstrate that the existing easement that provides access to
arIs,
S 1210325555, S 1210325800, & S 1210325710 has been extinguished or relocated to the
City's satisfaction.`to relinquish their-rig-1,AS to the o isti e en4 onee
. «
Medifieatien Aer-eement r-eliaEiiiishiae their-6�-_Ms te W. Qti�efhefse Lane and,Z=ea final plat
the south betffldafy knew-a as W. Quafter-her-se Lane.
, «
Add PFovisiow "The owner-of Pafeel S1210325800 wishes to fetain ingress a-ad egress aeeess to
Blaek Ga4 Read via the r-emaindef 20 fee!wide travel 4ne of the aeeess easemen�afea knevva as
W. Quafter-her-se Lane where it tfa-ver-ses Lot 1,Bleek 1 of the Her-se Meadows pr-elifflinai=y ph-A—, a
eemmen let. The remaining 30 feet of the easement area will ineltide sewef and w4ef mains
sefve Her-se Meadows Stibdivisien a-ad a pedestrian aeeess te Blaek Cat Read. The 20 feet
travel lane will also set=ve as aeeess for-the Gi4y of Mer-idian Publie Wef-ks fef maiMenanee and
of thesewer-and. 4er-. and for-emer-geney aeeess.'
mains,aeeess for-maiffteamiee and repair-of the sewer-and w4er- and provide vehiele staeking—, a
ga4e shall be installed appr-e*ima4ely 100 feet from the edge ef pa-Vement of Blaek Ga4 RE)ad;
Page 5
Page 121
item#�o. EXHIBIT A
B. Existing DA Concept Plan/Approved Preliminary Plat:
yr _rr;
G10.1 eo..l'd
gall r I
---,r14
—
_ r —
BUXX 2 g &4R 2 9 1 R{3' 3tr
KrL
e
I r -0
w 12
f 4.3
17 t376 I R
'"" I iL
I~ rail , T --- I
-!1�? _ _ I J
tab
1.247
Co..1 , Amm�I
I k I
a
J � �� � I � nai• � •°po �1
INN
Wk
—
I `1
rl rBLOPa 2' I
I .20
—— — —,ss7 a 7 L
IAn — — J
S �.27a 9
{P z. N .I.;.15
_ _ L
G. Revised Plan area in"estiew.
I
Page 6
Page 122