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Application Materials Development Application Transmittal Link to Project Application: Victory Commons MDA H-2019-0091 Transmittal Date: August 19, 2019 Hearing Date: September 24, 2019 Assigned Planner: Kevin Holmes To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Hearing Date: September 24, 2019 File No.: H-2019-0091 Project Name: Victory Commons MDA Request: Request to modify an existing development agreement for the purpose of removing the subject property from DA Instrument #106155843 and to be placed into a new, separate development agreement, by BVA Development, LLC. Location: The site is located at 130 E. Victory Rd. and 3030 S. Meridian Rd., in the SW %4 of the SW '/4 of Section 19, Township 3N., Range IE. Q-:EIDF� Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: V �L� ��s File number(s): Assigned Planner: Ke,J.A PS Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ❑ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance ER Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: Roberta Stewart Phone: (208) 616-1050 Applicant address: 2775 W. Navigator #220 Email: roberta@bvadev.com City: Meridian State: ID Zip: 83642 Applicant's interest in property: Owner name: Kuna Victory LL ❑ Own El Rent El Optioned l3 Other Partner C Phone: 208.523.3794 Owner address: 901 Pier View Dr. #201 Email: ctaylor(cD-ballventures.com City: Idaho Falls State: ID Zip: 83402 Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Horrocks Engineers Agent address: 2775 W. Navigator #210 City: Meridian Primary contact is: N Applicant El Owner ❑ Agent/Contact Engineer Phone: (801) 319-7388 Email: robs@horrocks.com State: ID Zip: 83642 Subject Property Information Location/streePaaRFFessctory Road and 3030 S. Meridian Rd. Township, range, section: T3N R1 E Sec. 19 Assessor's parcel number(s): R5915720012 & R5915720020Totalacreage: 16.74 Zoning district: C -G Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orp-/plannine -1 Rev: (2/2/2 0 1 8 2/7/2 0 1 8) Mussell Corner Subdivision / ("Victory Commons") Project/subdivision name: General description of proposed project/request: DA Modification application to revise site plan and design limitations in original DA & Addendum by removing 2 of 4 subdivision lots and executing a new DA. Proposed zoning district(s): C -G Acres of each zone proposed: 1 Type of use proposed (check all that apply): ❑ Residential EX Office IR Commercial ❑ Employment ❑ Industrial [2 Other Medical Office / Flex Space / Retail Who will own & maintain the pressurized irrigation system in this development? Owner Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: Kennedy Lateral Secondary: Meridian Water Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A - all P.1 - Residential Project Summary (if applicable) Number of residential units. 0 Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: Average property size (s.f.): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): n/a Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 8 -12 Common lots: 0 Other lots: 0 Gross floor area proposed: tbd Existing (if applicable): 1 building - 9100 s.f. Hours of operation (days and hours): 6 a.m. to 11 p.m. Building height: tbd Total number of parking spaces provided: tbd Number of compact spaces provided: tbd Authorization Print applicant name- Roberta Stewart _ Applicant signature: Date: 8/7/2019 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/t)lanning -2- Rev: (2/7/2018) BALL VENTURES AHLQUIST August 9, 2019 Meridian City Planning Division 33 E. Broadway Ave., Suite #102 Meridian, ID 83642 Re: Development Agreement Modification Application — Victory Commons / Mussell Corner Sub. Dear Planning Division Staff: On behalf of Kuna Victory LLC ("Owner"), we are submitting this application for Development Agreement Modification with respect to the Mussell Corner Subdivision ("Victory Commons") located at the intersection of S. Meridian Road (Hwy 69) and E. Victory Road. For the reasons described in detail below, we would like to remove two of the four subdivision parcels from the existing Development Agreement and execute a new Development Agreement pertaining to only those two parcels. A. Background: The original Development Agreement for Mussell Corner Subdivision was initiated in 2004 along with an annexation and zoning application in Case No. AZ -03-038 (Ordinance No. 04-1113). The Development Agreement was approved on November 23, 2004 and recorded on December 3, 2004 as Instrument #104153422, Official Records of Ada County, Idaho. In 2006, Owner purchased two of the four lots in the Mussell Corner Subdivision (1-2/131 and L1 & Por 4/131 (130 E. Victory Rd & 3030 S. Meridian Rd)). The area of the two lots totals 16.75 acres. Additionally, in 2006, Owner applied to the City of Meridian for a Modification to the Development Agreement to remove a provision regarding conditional use permit requirements. Owner also requested design changes that limited building size and required all buildings to have a rustic design with sloped metal roofs, posts, and wainscoting. (Case No. MI 06-005.) That application was approved on August 22, 2006, and the Addendum to the Development Agreement was recorded as Instrument No. 106155843, Official Records of Ada County, Idaho. Thirteen years have passed since the last amendment was made to the Development Agreement. The surrounding neighborhoods have changed, and Owner would like to develop a small commercial project at the subject location that would better serve the surrounding area. Uses would include retail, healthcare, office, and flex space for small commercial businesses. There is also a potential for self -storage use in the southeast portion of the project and the potential for a carwash. Accompanying this application is a site plan reflecting this revised project design, and we request that the site plan be incorporated into a new Development Agreement pertaining to Owner's two parcels. 2775 W. Navigator Dr., Suite 220, Meridian, ID 83642 1 208.616.1050 1 www.bvadev.com Currently, the Mussell Corner Subdivision is zoned C -G and designated Commercial on the Future Land Use Map. We do not propose any change to the C -G zoning. As to current uses on the parcel, Owner has leased the existing building located at 130 E. Victory Road to 2M Company, a supplier of water industry products. The rest of that parcel and the other parcel owned by Owner (1-2/131) are leased to the Victory Greens Stone & Garden operation for nursery plantings and a landscape material yard. Vander Woude & Sons owns the Subdivision's corner lot (1-3/131) where the Legacy Feed & Fuel business operates. Timothy J. Mussell owns 1-4/131, and it is the location of the Victory Greens Office and other outbuildings. The Mussell Corner Subdivision contains a number of easements. There are two primary easements granting cross access between all four subdivision parcels. (Instrument Nos. 99121310 and 105175653 Official Records of Ada County.) There is also a pond easement granting access and use of the pond to all the subdivision parcel owners (Instrument # 105175654, Official Records of Ada County.) Owner proposes vacating all the cross -access easements and executing a more comprehensive cross-access/parking agreement that is better suited to the site plan submitted with this application. Additionally, Owner proposes vacating the pond easement located on Owner's parcel to make way for the uses and buildings shown on the site plan. As to access from Meridian Road and Victory Road, there is a temporary access on to Meridian Road/Hwy 69 at the northern part of the project near W. Maestra Street. There is also access on to Victory Road, with a temporary easement for a turn -around as required by ACRD. To further Owner's goal of developing a commercial project, we have commissioned a Traffic Impact Study and submitted it to ITD and ACRD. ITD has already reviewed the TIS, and it has recommended a right in/right out access off Meridian Road to replace the temporary access at the northern tip of the project. This access will involve a variance from ITD to avoid the limitations set forth in UDC 11-3H-4, but Erika Bowen of ITD indicated in her email of July 3, 2019 that without this variance, the traffic would quickly overwhelm the access point at Victory Road. (See accompanying site plan for location of recommended access. Additionally, the 6/19/19 ITD Acceptance letter and 7/3/19 ITD email are submitted with this application.) Owner supports ITD's recommendation and will comply with ITD's conditions of approval to obtain the access permit for Meridian Road/Hwy 69. As to ACRD, it currently has the TIS under review, and it has not issued any recommendations for potential changes to the existing access on to Victory Road. B. Application Request Pursuant to UDC 11-513-317, we request that the two lots owned by Owner be removed from the existing Development Agreement for Mussell Corner Subdivision, and we request that Owner and the City enter into a separate Development Agreement that applies to only those two lots. There are two reasons for the request. First, Owner needs to update the site plan to reflect the design of the revised project. A new Development Agreement will facilitate that change. Second, the current DA and Addendum impose design limitations that are not suited for the needs of the subdivision or today's more modern and attractive design aesthetic. Currently, buildings in the subdivision cannot exceed an 11,000 s.f., footprint if the building fronts a road or 20,000 s.f., footprint if the building is situated in the interior portion of the project. This is a severe limitation to Owner because Owner would like to develop flex space buildings that incorporate 36,000 s.f. The current DA and Addendum also contain provisions that require buildings to have a rustic design that includes a metal roof, beam posts, and horizontal wainscoting. The buildings proposed for the current project, however, are more modern, and they will incorporate attractive design elements like metal panels, extra glass, EFIS and faux wood accents. Unless the rustic design requirements and size limitations are removed via another Development Agreement, Owner will not be able to develop a project that is appropriately functional, attractive and suited for the aesthetics of the day. We have already conducted a Neighborhood Meeting for the purposes of this application. It was held on July 30, 2019. The neighbors that attended the meeting were very pleased to learn that the Victory Green nursery operation would phase out and be replaced with a "quieter" development. All attendees described their constant frustration with dust and noise caused by the large trucks and nursery operation. We request that the City Council approve this application because the project described above is still consistent with the C -G Zoning designation and Comprehensive Plan. The proposed uses are also compliant with the UDC. The project will not be detrimental to the public's health, safety and welfare nor overly burdensome to public service delivery. In fact, the project will replace uses and activity that appear to be a nuisance to the residential neighbors surrounding the site. Finally, the project is desirable because it will create an attractive center that will provide convenience to the public and serve the needs of the surrounding neighborhoods. If the City of Meridian is amenable to the changes requested and this application is approved, Owner will promptly submit an application for preliminary plat or, alternatively, applications for two short plats that will create a total of 8 lots followed up with a property boundary adjustment application to create the parcel configuration shown on the accompanying site plan. As development begins, the nursery operation will be phased out. The pace of development will dictate the pace the nursery operation will be phased from the site. Development will generally begin in the most northern tip of the project. The last portion to be developed will be the southeast corner of the project where the 2M building currently exists. As a final request, we would like to be able to submit up to eight CZC/Design Review applications and building permit packages before and during the platting process. This would be in keeping with the UDC because the subject parcels are commercial parcels and owned by the same owner. We request that the DA set forth the right to submit numerous building permits before and/or during the platting process, or, at the very least, not prohibit such applications during the platting process. Finally, as required by the checklist, we show below the Owner information to be included in the proposed Development Agreement: Kuna Victory, LLC 901 Pier View Drive, Suite #201 Idaho Falls, ID 83402 (208) 523-3794 Thank you for your kind consideration of this matter. We request that you approve this application based upon the information set forth above. Please let us know if you have any questions or need any further information. Sincerely, �'O 41ta 5�wavt Project Coordinator BVA Development LLC 4 3 CD co 0 �o a IDAHO * *� Your Safety • Your Mobility 'y Your Economic Opportunity tP,o Q~ 09TATION �eP June 19, 2019 Chhang Ream CR Engineering 181 East 501h St. Garden City, ID 83714 Via Email RE: Victory Commons - ITD Traffic Impact Study Acceptance Letter Dear Mr. Ream, IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov The Idaho Transportation Department (ITD) has completed our review of the Victory Commons Traffic Impact Study (TIS) dated May 6, 2019. The proposed Victory Commons development is located on the northeast corner of SH -69 and Victory Road. The development is proposing a direct access onto SH -69 at approximately milepoint 8.32, right. ITD is willing to consider a right -in, right -out only approach. The following mitigation improvements need to be installed on SH -69 prior to the development's PHASE 1 occupancy. Existing Approach located approximately 1,300ft north of Victory Road • The existing approach will need to be removed. Proposed Approach located approximately 1,300ft north of Victory Road • Install a northbound right turn lane designed to ITD standards for a 55MPH Speed Zone. See Figure 313-4 of the ITD traffic Manual for details. • Dedicate 12ft of right-of-way to ITD for the entire length of the right turn lane. • Install a concrete keyed in traffic separator Type 1 that will restrict the approach to right -in, right -out. The traffic separator shall start at Maestra Street and extend approximately 550ft south. See conceptual image below. Page 1 of 2 \DAHO *r Your Safety * Your Mobility IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 Wo Z Your Economic Opportunity (208) 334-8300 • itd.idaho.gov 09TATION ��P If the developer is in agreement with addressing the items as outlined above then ITD finds the Victory Commons TIS to be acceptable from a state highway access, safety and mobility standpoint. You may proceed with stamped engineered drawings to address the required corridor improvements. This letter only acknowledges ITD's acceptance of the TIS, final approval of the approach and improvements is determined once all documentation has been provided and the permit is signed. Maintaining safety and mobility for Idaho's motorists is of the utmost importance to ITD. If you have any questions please do not hesitate to contact me at erika.bowen@itd.idaho.gov_ or 208-265-4312 extension #7. Sincerely, Erika R. Bowen, P.E. ITD District 3 Traffic Technical Engineer cc. Mindy Wallace, ACHD Sonya Allen, City of Meridian Page 2 of 2 Roberta Stewart From: Erika Bowen <Erika.Bowen@itd.idaho.gov> Sent: Wednesday, July 3, 2019 2:07 PM To: Roberta Stewart Cc: Shona Tonkin Subject: RE: [EXTERNAL] ITD - Victory Commons Application Hi Roberta - Shona forwarded your email to me. There's a couple of things going on with your site that led ITD to make the determination of limiting your access to right -in, right -out. I wanted to explain our reasoning so you have a better understanding of our decision. 1.) The city of Meridian has an ordinance that does not allow new accesses onto SH -69. ITD supports the city's ordinance where it makes makes sense. ITD let Rob Sunderlage and Chhang Ream know this when they first approached us about access onto SH -69. That's why the TIS shows multiple scenarios. The TIS shows that without at least a right -in, right -out approach.... the access on Victory Rd gets overwhelmed. This is a valid reason for ITD to allow an exception to the ordinance. 2.) Why limit the turning movements on the approach at all? Turning movements need to be limited due to geometric constraints. Maestra Street is a public road at the northern end of your parcel. At 55MPH (speed limit of SH -69) a vehicle needs approximately 600ft to safely exit thru traffic and decelerate to a safe turning speed. I drew a line on the image below of what that distance looks like. If ITD allowed left-in/out turning movements from your approach, your commerical traffic would be making conflicting movements with the local street traffic. That's unsafe. I'm sure you will tell me that there are examples of closely spaced approaches on SH -69 in other areas. That is true. They were permitted (or sometimes just built without permit) under different regulations which allowed them to be placed as such. I can assure you that if those parcels with closely spaced approaches ever redeveloped, ITD would review their access and limit or eliminate unsafe conditions as appropriate. Sorry for the long email. Let me know if this doesn't make sense. I'm happy to discuss more on the phone too. Thanks, 1�114 Erika R. Bowen, P.E. District 3 Trak Technical Engineer ITD I Division of Highways 30900 Hwy 200 1 Ponderay, ID 183852 Office: 208-265-4312 (Ext. 7) or 1-9009 Cell: 208-869-6787 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 BOISE IDAHO 02/04/10 12:48PM RECORDED -REQUEST -RE UESerbillig III ��E1111111111111111111111111111 RECORDED -REQUEST OF ALLIANCE TITLE - CW MOORE 110010640 After Recording Return to: Richard H. Andrus Spink Butler, LLP P. O. Box 639 Boise, ID 83701 FOR RECORDING INFORMATION Art 5og0"19c QUITCLAIM DEED FOR VALUE RECEIVED Timothy J. Mussell and Carol M. Mussell, husband and wife, as GRANTOR, do hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto Kuna Victory, LLC, an Idaho limited liability company, as GRANTEE, whose current mailing address is: Sig W. Front Street, Boise, Idaho 83702, the following described real property located in Ada County, state of Idaho, more particularly described on Exhibit A attached hereto and made a part hereof, together with all appurtenances. Dated: _:.2 " 3 .2010 STATE OF IDAHO ) ss. County of Ada ) On this "!day of Ila%_G 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy- Mussell and Carol M. Mussell, husband and wife, known or identified to me to be the persons who signed the within and foregoing document, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set nd affixed my official seal the day and year first above written. .� rw�lr/w�� � ,��OM otary P NOTARY PUBUG esiding at STATE OF IDAHO MY QUITCLAIM DEED — Page 1 S,\0oes\0aas Loney, 1-1- ictoryComerTSMOuitclaim Deed - Mussell to Kuna Victory.doc C N:M-1m LEGAL DESCRIPTION OF PROPERTY Lot 2 in Block 1 of MUSSELL CORNER SUBDIVISION, according to the officlal plat thereof, filed in Book 95 of Plats at Pages 11624 through 11626, Official Records of Ada County, Idaho. QUITCLAIM DEED -- EXHIBIT A - 7 S:%Docs\Oaas Laney, LLCMctory ComeeDEE1Quitdalm Deed - Mussell to Kuna vctory.doo ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4 BOISE IDAHO 12/17/09 11:16AM DEPUTY Olson RECORDED -REQUEST OF ALLIANCE TITLE - CW MOORE 109139931 ATION ACCOMMODKI After Recording Return to: Richard H. Andrus Spink Butler, LLP P. O. Box 839 Boise, ID 83701 FOR RECORDING INFORMATION QUITCLAIM DEED FOR VALUE RECEIVED Kuna Victory, LLC, an Idaho limited liability company, as GRANTOR, does hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto Kuna Victory, LLC, an Idaho limited liability company, as GRANTEE, whose current mailing address is: 519 W. Front Street, Boise, Idaho 83702, the following described real property located In Ada County, state of Idaho, more particularly described on Exhibit A attached hereto and made a part hereof, together with all appurtenances. Dated: /.2' %6 - � 1 2009. 1�7�Ti Kuna Victory, LLC, an Idaho limited liability company By: Oaas Laney, LLC, an Idaho limited liability company, its Member By: Whiterock Investments, LLC, an Idaho limited liability company, its Member 13y: ;_anGyuanu i.r., an Idaho limited partnership, its Member QUITCLAIM DEED (PARCEL A) -1 S:1Docs10aas Laney, LLCIVictory ComerUEEUuRclalm Dead - Parcel A.doo ACKNOWLEDGEMENT STATE OF IDAHO } } ss. County of Ada } On this day of 2009, before me, the undersigned, a Notary Public in and for said State, pets ally ap red T. Erik Oaas, known or identified to me to be a Managing Member of Whiterack Investments, LLC, the limited liability company that executed the within instrument as a Member of Oaas Laney, LLC, said last limited liability company known to me to be a Member of Kuna Victory, LLC, the limited liability that executed the Instrument, and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed A. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. KiMBERLY CLARKE } 1"0— NotarY Public Notary tc for Idaho State of Idaho My commission expires: --� �-f-- ACKNOWLEDGEMENT STATE OF IDAHO � ss. County of Ada �Iv On thisay oaf 2009, before me, the undersigned, a Notary Public in and for said State, personpps d Steven H. Laney, known or identified to me to be the General Partner of Laneyland L.P., the partnership that executed the within instrument as a Member of Oaas Laney, LLC, said limited liability company known to me to be a Member of Kuna Victory, LLC, the limited liability that executed the instrument, and acknowledged to me that he executed the same forand on behalf of said partnership and that partnership executed it on behalf of said limited liability company and that such limited liability company executed It IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •� a filum: KIMBERLY CLARKE EAL} Notary Public Notary Pu or Idaho 3 �� State of Idaho My commission expires: QUITCLAIM DEED (PARCEL A) - 2 SMoW0aas Laney, LLCUctory ComerNDEEWuitdaim Deed - Parcel A.doc Project No: 07068 Date: November 6, 2009 Page: I of 2 EXHIBIT A 193CMIT "All Parcel A - Land Description T•O ENGINEERS A parcel of land located in Government Lot 4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, being all of Lot 1, Block 1 and a portion of Lot 4, Block I of MUSSELL CORNER SUBDIVISION, filed in Book 95 of Plats at Pages 11624.11626, Records of Ada County, Idaho, and as shown on Property Boundary Adjustment, Record of Survey No. 8699, recorded as Instrument No. 109137990, more particularly described as follows: BEGINNING at the northwesterly corner of said subdivision; thence, along the boundary of said subdivision, the following courses: 1. N.89041'44"E., 162.00 feet to the beginning of a non -tangent curve; thence, 2. Southeasterly along said curve to the left, having a radius of 655.00 feet, an arc length of 438.42 feet, through a central angle of 38°21'03", and a long chord which bears 5.31°35105"E., 430.29 feet; thence, tangent from said curve, 3. S.50°45'3T'E., 558.77 feet; thence, 4. S.53°22'31"E., 264.29 feet to the most northerly comer of Lot 5, Block 1 of said subdivision; thence, along the boundary of said Lot 5 the following courses: 5. S.36037'29"W., 32.14 feet; thence, 6. 5.53022'31"E., 21.56 feet; thence, 7. S.8"1'31"13., 18.52 feet to the easterly boundary of said subdivision; thence, along said easterly boundary, 8. S.00029'1 6"W., 361.15 feet to the northerly right-of-way line of E. Victory Road; thence, along said right of -way line, 9. S.89042'22"W., 633.36 feet; thence, leaving said right-of-way line, 10. N.00000'00"E.,159.17 feet; thence, 11. N.89004'23"W., 104.01 feet; thence, 12. N.00°55'37"E., 110.06 feet; thence, 13. N.891,04123"W., 51.53 feet to the easterly boundary of of said Lot t3, Block 3 and Lolof said t Z, Block l subdivision; thence, along the easterly of said subdivision, 14. N.00°38'28"E., 319.54 feet to the northeasterly corner of said Lot 2; thence, along the northerly boundary of said Lot 2, 15. S.89°4222"W., 270.04 feet to the easterly right of way line of said S. Kuna- Meridian Road; thence, along said easterly right -of -WAY line, 9777 Ch.ndan {boulevard 8015e. ID 83714 Phar rja8} 323 tiorI (208M�% WaW � g Avtrn I TrenepmR on I Land Dweiopmem I Lancspa ds QUITCLAIM DEED (PARCEL Al - EXHIBIT A - I S:1Docs\Oass Laney, LLOMetory ComeeDEM00claim Deed - Parcel A.doc Project No: 07068 Date: November 6, 2009 Page: 2 of 2 16. N.00°38'28"E., 690.20 feet to the POINT OF BEGINNING. CONTAINING: 15.815 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any encumbrances. QUITCLAIM DEED (PARCEL A) — EXHIBIT A - 2 S,1Docs10aas Laney, L=VMory Comer%DEElQuftclaim Deed - Parcel kdoa AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF BONNEVILLE) Cortney Liddiard, as President of BV Management Services, Inc., the Manager of and for and on behalf of I Kuna Victory, LLC PO Box 51298 (name) (address) Idaho Falls , Idaho 83405 (city) (state) being first duly sworn upon, oath, depose and say: j�Kuna Victory, LLC, is 1. That t.=rl the record owner of the property described on the attached, and Kuna Vi tory, LLC grants permission to: BVA Development LLC 2775 W. Navigator Way, Meridian ID 83642 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. CKuna Victory, LLC, agrees ameo to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained f herein or as to the ownership of the property which is the subject of the application. r Kuna Victory, LLC, hereby grants 3. --i hofo4y gfa permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this C. day of Aq'�4w , 2� (Signat e) SUBSCRIBED AND SWORN to before me the day and year first above writ n. JEDD K JONES (No Public for Idaho) COMMISSION NO. 20181559 NOTARY PUBLIC Residing at: -� f -4`l5 STATE OF IDAHO [MY COMMISSION EXPIRES 8124124 My Commission Expires: 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org W Maestra Sl Vicinity Map 130 E. Victory & 3030 S. Meridian (R5915720012 & R5915720020) E V,ctciy Rd ryr-7 r� b � E Whiskey €fats Sl CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Victory Commons (2nd Meeting in BOLD) Date: 2/19/19 7130/2019 Applicant(s)/Contact(s): Roberta Stewart (Horrocks), Rob Sunderlage, Tonn Petersen (BVA), Geoff Wardle, Scott Duffin City Staff: Stephanie, Bill Joe Tom Caleb Amanda Denny Terri Ken (ITD) Kevin Location: 130 & 112 E. Victory Rd, 3030 S. Meridian Rd. Size of Property: 17.84 Comprehensive Plan FLUM Designation: Commercial Existing Use: Feed store, fuel station Existing Zoning: C -G Proposed Use: Flex space retail and office space Proposed Zoning: C -G Surrounding Uses: North and east: Residential sub. zoned R-4 and R-8; West: S. Meridian Rd. (State Hwy); South: E. Victory Rd. (arterial) and multi -family, zoned R-15 Street Buffer(s) and/or Land Use Buffer(s): 25 -feet to residential; 35 -feet to Meridian Rd. (entryway corridor); 25 -feet to E. Victory Rd. (arterial) Open Space/Amenities/Pathways: DA states pond in center of sub, would take place of required open space Access/Stub Streets: Direct access proposed to S. Meridian Rd. — need ITD approval ; existing access point to E. Victory Rd, proposed, any additional accesses to Victory need ACHD approval Waterways/ Floodplain/Topography/Hazards: Kennedy Lateral intersects through part of northeastern part of site History: Annexed in 2003 (Mussell Corner Sub AZ -03-038); PFP-03-007 CUP -03-071; MI 06-005, DA Inst. No. 106155843 Additional Meeting Notes: Amend DA to enter into new DA (feed store and C -store to stay in existing) existing building to east to be included in new DA - temporary access to SH -69 (via Rumpel) Lane) was allowed at time of annexation/CUP at the time ITD stated they would require it to close upon redevelopment - City staff cannot support second access to Meridian Rd — applicant could work with property owner to close current entrance and relocate one entrance further north to make one access on Meridian Rd. - more accessible to all properties ITD can allow spacing per IDAPA but has stated they will support the City's decision regarding the proposed northern access point - Site design could help to eliminate cut -through traffic from Victory to Meridian Rd. Cross access is currently and will be required for entire site should integrate for connectivity within site: will need to modify instrument numbers for cross access agreements on plat - Hours of operation are limited from 6 AM -11 PM when abutting residential use (to north and east of subject site) - Victory Rd access with first phase —will require improvements be made to driving surfaces where traffic is intended to be guided to first phase of development - Need to submit concept plan for total development of site and a concept plan for Phase 1 with the nursery and information about how/when the nursery will develop in relation to Phase 1 Need to submit a connectivity plan showing how site circulation and pedestrian connections will work Will need to retrofit site where applicable for Phase 1 of development - Flex space is sublect to specific use standards UDC 11-4-3-18; Drive-through subject to UDC 11-4-3-11 Coordinate with Land Development regarding vacating easements — need permission from present owner to tie-in MDA application required to modify CUP requirement and original concept plan (public hearing w/City Council $502) New metes and bounds legal description required for new DA boundary area (including property to east) Conditional Use Permit (P&Z public hearing $1,369) to be submitted for drive-through use after MDA has been processed. If desire to have hours extended past 6 AM -11 PM can submit a CUP to request (concurrent with drive-through CUP) Property Boundary Ad'lustment (administrative application, $365) to reconfigure existing lots - Access to Meridian Rd no longer requires Council waiver but should be included in the MDA request. • Remove two properties from existing DA and enter into new DA. • Through MDA process Council may look at substandard issues with the corner lots. Potential to process PBA and then process two Short Plats to create 8 lots. UDC 11.613-5 Short Plat application goes straight to Council (no P&Z) - Potential to process Combined Preliminary/Final Plat application to subdivide as well UDC 11.6B-4 CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Note: A Traffic Impact Study (TIS) will be required byACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ® Public Works Department ® Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ® Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension — Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat ❑ Variance ® Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. zNEIGHBORHOOD MEETING SIGN -IN SHEET Mussell Corner Subdivision / Victory Commons (130 & 112 E. Victory & 3030 S. Meridian Rd, Meridian ID) Preliminary Plat and Development Agreement Modification applications Location — 225 E. Calderwood Dr., Meridian (Spring Creek Senior Living Clubhouse) Meridian, ID Tuesday, July 30, 2018, 6:00 pm — 8:00 p.m. NAME ADDRESS PHONE # EMAIL U�t F IN M& (.3d 566-1 Page 1 Cows COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature Date "T / 71, � , Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/plannins 2775 W. Navigator Drive, Suite 210 Idaho Office Meridian, Idaho 83642 H O RRO C K S Tel: 208,895.2520 www.horrocks.com ILII app No E N G I N E L-• R S Date: August 8, 2019 Project: ID -1402-1810 /r Page: 1 of 2 elf Or AaRO ad PARCEL A A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, BEING ALL OF LOT 1, BLOCK 1 AND A PORTION OF LOT 4, BLOCK I OF MUSSELL CORNER SUBDIVISION, FILED IN BOOK 95 OF PLATS AT PAGES 11624-11626, RECORDS OF ADA COUNTY, IDAHO, AND AS SHOWN ON PROPERTY BOUNDARY ADJUSTMENT, RECORD OF SURVEY NO, 8699, RECORDED AS INSTRUMENT NO. 109137990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID SUBDIVISION; THENCE, ALONG THE BOUNDARY OF SAID SUBDIVISION, THE FOLLOWING COURSES: 1) NORTH 89°41'44" EAST, 162.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE; THENCE, 2) SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 655.00 FEET, AN ARC LENGTH OF 438.42 FEET, THROUGH A CENTRAL ANGLE OF 38021'03", AND A LONG CHORD WHICH BEARS SOUTH 31035'05" EAST, 430.29 FEET; THENCE TANGENT FROM SAID CURVE, 3) SOUTH 50°45'37" EAST, 558.77 FEET; THENCE, 4) SOUTH 53°22'31" EAST, 264.29 FEET TO THE MOST NORTHERLY CORNER OF LOT 5, BLOCK 1 OF SAID SUBDIVISION; THENCE, ALONG THE BOUNDARY OF SAID LOT 5 THE FOLLOWING COURSES: 5) SOUTH 36°37'29" WEST, 32.14 FEET; THENCE, 6) SOUTH 53°22'31" EAST, 21.56 FEET; THENCE, 7) SOUTH 89°3131 " EAST, 18.52 FEET TO THE EASTERLY BOUNDARY OF SAID SUBDIVISION; THENCE, ALONG SAID EASTERLY BOUNDARY, HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A 080819 Date: August 8, 2019 Project: ID -1402-1810 Page: 2 of 2 8) SOUTH 00°29'16" WEST, 361.15 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF EAST VICTORY ROAD; THENCE, ALONG SAID RIGHT- OF-WAY LINE, 9) SOUTH 89°42'22" WEST, 633.36 FEET; THENCE, LEAVING SAID RIGHT- OF-WAY LINE, 10) NORTH 00°00'00" EAST, 159.17 FEET; THENCE, 11) NORTH 89°04'23" WEST, 104.01 FEET; THENCE, 12) NORTH 00°55'37" EAST, 110.06 FEET; THENCE, 13) NORTH 89°04'23" WEST, 51.53 FEET TO THE EASTERLY BOUNDARY OF LOT 3, BLOCK 1 OF SAID SUBDIVISION; THENCE, ALONG THE EASTERLY BOUNDARY OF SAID LOT 3 AND LOT 2, BLOCK 1 OF SAID SUBDIVISION, 14) NORTH 00°38'28" EAST, 319.54 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2, 15) SOUTH 89°42'22" WEST, 270.04 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID SOUTH KUNA-MERIDIAN ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 16) NORTH 00°38'28" EAST, 690.20 FEET TO THE POINT OF BEGINNING. CONTAINING 15.815 ACRES, MORE OR LESS. HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A 080819 LEGAL DESCRIPTIONS Victory Commons / Mussell Corner Subdivision Development Agreement Modification Application PARCEL NO. R5915720020 / 3030 S. Meridian Road / .93 acres LOT 2 IN BLOCK 1 OF MUSSELL CORNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 95 OF PLATS AT PAGES 11624 THROUGH 11626, RECORDS OF ADA COUNTY, IDAHO. 0 e r &Y a o 1 a co z sc All zzomo 111.411 tr u B € a' ATs 5 fi z I 1 a i $ _ R nW m -, $'� �cuni,,wuou s�r+3ta� 0 (/} Q Z != G���i�i �� .slTie� mai atm < g 't{� U y ha�€�"�a_F `t ,`. W W z d d M W }03 I 0 0- r � Q ag e r' Zia 4'JAI all •' ��i9 ria; I � ; 3p f 1 �� yV. It��+'IR Y it -- Ila lit IR) i ► � �g-g t1 a F 10, y it yy..,� ¢ ,cozai 3,vL.6CAt/:r I —iM./ti.SSarihl- ! �a Y5K �I 9 � y�$ 4 ��i w I IN; ��+ d T _ RL'089 ] BL.fiCAM! 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