CC - Staff ReportSTAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/15/2019
DATE:
TO: Mayor and City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0091
Victory Commons MDA
LOCATION: 130 E. Victory Rd. and 3030 S. Meridian
Rd., in the SW 1/4 of Section 19,
Township 3N., Range IE
C��fIEN DIANq-,
I. PROJECT DESCRIPTION
Request to modify the terms of the existing development agreement (instrument #106155843 &
104153422) for the purpose of updating ownership information and boundaries of the subject
properties subject to the new terms, modifying and adding new provisions, and including a new
conceptual site plan.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 16.74
Current Zoning C -G
Neighborhood meeting date; # of 7/30/2019; 4 attendees
attendees:
History (previous approvals) AZ -03-038; PFP-03-007; CUP -03-071; MI -06-005; DA
inst. # 104153422 and addendum inst. # 106155843
III. APPLICANT INFORMATION
A. Applicant/Representative:
BVA Development, LLC
2775 W. Navigator Dr., Suite 220
Meridian, ID 83642
Page 1
B. Owner:
Kuna Victory, LLC
901 Pier View Drive, Suite #201
Idaho Falls, ID 83402
IV. NOTICING
Newspaper Notification
Radius notification mailed to properties
within 300 feet
Public hearing notice sign posted
Nextdoor posting
V. STAFF ANALYSIS
City Council
Posting Date
9/6/2019
7/2/2019
9/13/2019
7/2/2019
The applicant has applied for a development agreement modification (MDA) for the subject 16.74
acre property (parcels R5915720012 and R5915720020) from the existing development agreement
and addendum (Inst. No. 106155843 & 104153422). These previous agreements were recorded in
2004 and 2006, respectively. The applicant is proposing to update the ownership and boundaries of
the properties subject to the amended DA, modify and add new provisions and include a new
conceptual site plan. Currently, the existing DAs governs a larger area owned by separate entities than
the applicant's property. Modifying the existing DA for the subject property will facilitate the
development of the property without obtaining consent from multiple owners. The applicant is
requesting Council approval of a new site plan for the properties (Exhibit D) and the specific removal
of the following building design and size requirements included with the addendum to the current
DA:
Principally permitted uses on the subject property shall be allowed without Conditional Use
Permit approval, provided all future buildings have: sloped metal roofs with overhanging
eaves that are supported by posts; are oriented toward the public street (Front door facing
street); siding visible from the street containing at least a three-foot tall wainscoting
constructed of stone, brick, or other similar materials; that each building will provide a
variety of building materials and colors; and each building is generally consistent with the
nine pictures submitted with MI -06-005 (attached to this addendum), as determined by the
Planning Director. If a future proposed building is not consistent with the above-mentioned
provisions, then the building and use shall be required to obtain Conditional Use Permit
approval prior to construction and operation.
2. Future construction on the subject site shall be generally consistent with the Master Site Plan
submitted with MI -06-005 (Exhibit C), as determined by the Planning Director. All buildings
with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square
foot building footprint and no building on this site shall have a building footprint larger than
20,000 square feet. If a future proposed building is not consistent with the Master Site Plan,
then the building shall be required to obtain Conditional Use Permit approval.
The site plan and building designs submitted by the applicant do not comply with these two above
requirements and would require Conditional Use Permits for each building on the site. Staff is
Page 2
recommending they be removed from the agreement and replaced with the conditions listed in
Section VIII below.
In order to maintain the cohesive character of the development envisioned by the original DA,
staff is recommending that some shared design features be included in all new buildings on the
site. All new buildings should include architectural features such as faux wood and metal panel
accents and extra fenestration/windows. In addition, staff is recommending that all new
buildings comply with the commercial standards of the Architectural Standards Manual.
Staff has reviewed the proposed site plan and uses and found it to be in general compliance with
Meridian City Code. The proposed site plan has fewer buildings, and with larger footprints, than what
is currently shown in the existing DA. The applicant is proposing three of these larger buildings be
multi -tenant flex space, a principally permitted use in the C -G zoning district in Table 11-2B-2. The
three other buildings are proposed to be a mix of office, retail, and healthcare services. These uses are
also all principally permitted in the current zoning.
The proposed site plan moves the access drive to S. Meridian Rd. / SH -69 approximately 300 feet
south of its current location. ITD has given their approval for this location as a right-in/right-out
restricted access (see Exhibit F). UDC 11 -3H -4B restricts the establishment of new approaches on
SH -69 unless approved by Council at the recommendation of the Idaho Transportation Department.
Since ITD has given their tentative approval (Exhibit F) and the access shall be limited to a right-
in/right-out only, staff is supportive of the relocation of this access point. Council approval is
needed for the location of this approach as shown on the site plan (Exhibit D).
The existing plat of Mussell Corner Subdivision established a cross access easement agreement
throughout the subdivision, recorded under instrument number 105085931. Staff recommends that
with any future subdivision the cross access locations between the subject properties and Lots 2 & 3,
Block 1 of Mussell Corner Subdivision be retained. In addition, all newly created lots shall have cross
access granted between them to facilitate site integration. Staff is also recommending that the existing
cross access agreement in place with Jacks Place Sub to the north be retained. At this point in time,
there is a daycare which limits the utilization of this agreement but it is in the interest of the City to
maintain the option should the site redevelop in the future.
To ensure the site develops as proposed, staff recommends replacing sections 4, 5, and 6 of the
existing DA and Addendum (Inst. Nos. 104153422 & 106155843), with new provisions. Staff has
included the DA provisions that should be incorporated in the new DA, included in Section VIII
below.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
— Page 3
VII. EXHIBITS
A. Legal Description and Development Agreement Boundary
2775 W. Navigator 00ve. Butte 210
Atertdian, Idaho 83642
wwW.tdrucks.com
Date: August 21, 2019
Project: ID -1402-1810
Page: 1 of 2
HORROCK
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E N G I N E L• R
PARCEL A
Firclory Commons DA Modifaca#ion Boundary
A parcel of land located in Government Lot 4 of Section 19, Township 3 north, lunge l
east, Boise Meridian, being all of Lot 1, Block I and a portion of Lot 4, Block 1 of
Mussell Comer Subdivision, filed in Book 95 cf 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 Mussell Comer; thence, along the north
boundary of said Mussell Corner,
1) North 89°41'44" East, a distance of 162.00 feet to the northeast corner of said
Mussell Comer and a point of curvature; thence along the east boundary of said
Mussell Comer and a curve to the left,
2) Having a radius of 655.10 feet, an arc length of 438.43 feet, through a central
angle of 38°21'05", and along chord which bears South 31'35'05" East a distance
of 430.29 feet; thence continuing,
3) South 50°45'37" East, a distance of 558.77 feet; thence,
4) South 53°22'31" East, a distance of264.29 feet to the most northerly comer of
Lot 5, Block 1 of said Mussell Corner;. thence along the northwesterly boundary
of said Lot 5,
5) South 36°37'29" West, a distance of 32.14 feet to the most westerly corner of said
Mussell Comer; thence along the southwesterly boundary of said Lot 5,
6) South 53°2231" East, a distance of 21.56 feet to the most southwesterly corner of
said Lot 5; thence along the south boundary of said Lot 5,
7) South 89°31'31" East, a distance of 18.52 feet to the southeasterly boundary of
said Lot 5;; thence, along the easterly boundary of said Mussell Corner,
HAD 1402 Victory Com msl roject Dcar04 SurueyM,02 Descriptions7DA Mad. 082219
Page 4
Date: August 21, 2019
Project: ID -1402-1810
Page: 2 of 2
8) South 00°29'16" West„ a distance of 361.15 feet to the southeast corner of said
Mussell Corner; thence, along the south boundary of said Mussell Comer,
9) South 89°42'22" West, a distance of 633.35 feet; thence, leaving said south
boundary,
10) North 00°00'00" East, a distance of 159.16 feet thence,
11) North 89°0423" West a distance of 104.01 feet; thence,
12) North 00°55'37" East a distance of 110.06 feet; thence,
13) North 89°04'23" West a distance of 51.53 feet; thence parallel with the west
boundary of said Mussell Comer,
14) North 003828" East a distance of 169.52 feet; thence parallel with the south
boundary of said Mussell Comer,
15) South 89'°42'22" West a distance of 270.044 feet to the west boundary of said
Mussell Comer; thence along said west boundary,
16) North 0013828" East a distance of 840.22 feet to the POINT OF
BEGINNING.
Containing 729,415 square feet (16.745 acres), more or less.
HAD 1402 Victory CommonsTroject DaraiO4 Survey14.02 DescriptionslDA Mod. 082219
Page 5
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B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843)
USES PERMITTED BY TIUS AGREEMENT:
4.1 The uses 31lowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section l t-7-2 if which are herein specified as follows:
a) Construction and developmeart of a commercial subdivision
that includes u combination feed'store and gasleanvmience
station in u proposed C Grone, Ail fidure uses on proposed totes
or parcels within the annexation area .shuff be approved
througk the Conditional Use Permit pro cess.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE;
"OWNER/DEVELOPER" has submitted to "City" an application for conditional use
permit, and shall be required to obtain the "City's" approval thereof, in accordance to the
City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.71. "developer" shall develop the "Property„ in accordance with the
following special conditions:
B, Adopt the Recommendations of the Planning. and Zoning Department as follows:
1. Prior to annexation ordinance approval, a Development Agreement
shall be entered into between the City of Meridian and the property
owner(s). The Development Agreement shall require that:
a) All future uses on proposed lots or parcels within the annexation
area shall be approved through the Conditional Use Permit
process.
la) Business hours for uses on this property shall presently have no
restriction on hours of operation. However, if in the future the
"no restriction" can hours becomes a problem or hindrance to the
surrounding area, then the City shall have the opportunity to re-
evaluate the hours of operation, and at that time possibly place
hours of restriction upon the businesses. Additionally, horns of
fuel delivery, any potential for refrigerated truck oreration, and
other noise generated at the site shalt comply with the .tferidian
City Code Noise Ordinance. (Per action ofthe City Council
taken at their July 6, 2004 meeting.)
2. Remove any existing domestic wells and/or septic systems within this
project from their domestic service, per City Ordinance Set ['on 5-7-
517, when services are available from the City n keridian. Wells
may be used for non-domestic purposes such as I u dscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous to
the parcel shall be tiled per City Ordinance 12-4-13. Plans will need
Page 7
to be approved by the appropriate inigationldrainage district, or lateral
users association (ditch owners), with written approval or non -
approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
Any fuMm subdivision, uses and construction on this property shall
comply with the: City of Meridian ordinances in effect at the time.
ADDENDUM Inst. No 106155843 Provisions:
OV4NEWDEVE.LOPER agrees to be bound by the terms of the original
Development .Agreement (instrument # 104153422), approved on November 23, 2004 on the
land described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exlribit "$", or those City ordinanmi in effect at the time any
subsequent conditional use application is filed, whIchever are more restrictive.
That the Original Development Agreement, hlstrurnent # 104153422, approved on
November 23, 2004, and recorded on December 3, 2OD4, be amended by
modifying the following:
• Section 4.1— eurmntly states:
"The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance cndified at Meridian Code Section.11-7-
2(K) which are herein specified as follows: a) Construction and development
of a commercial subdivision that includes a feed store and gas/convenience
station in a proposed C -G zone. All future uses on proposed lots or parcels
within the annexation area shall he approved through the Conditional Use
permit process-"
This Suction 4.1 shall be replaced with the following language:
""The uses allowed pursuant to this Agreement are only those uses allowed
under City's Unwed Development Code codified in'rable 11-211-2 and herein
specified as follows,
a) Principally permitted uses on the subject property shall be allowed without
Conditional Use Permit approval, provided all future buildings have:
sloped metal roofs with overhanging eaves that are supported by posts; are
oriented toward the public street (Front door facing street); siding visible
from the street containing at least a three-foot tall wainscoting constructed
of stone, brick, dr other similar materials; that each building will provide a
variety of building materials and colors; and each building is generally
consistent with the nine picrures submitted with 1x11-06-ilil5 (attached to
this addendum), as determined by the Planning Director. If a future
proposed building is not consistent with the above-mentioned provisions,
then the building and use shall be required to obtain Conditional Use
Permit approval prior to construction and operation.
Page 8
b) Future: construcLion on the subject site shall be generally consistent with
the Master Site Plant submitted with NEI -06-005 (attached to this
addendum), as determined by the Planning Director. All buildings with
frontage on Victory road or Meridian Road will be fin-ited to a maximum
11,000 square foot building footprint and no building on this site shall
have a building footprint larger than 20,000 square feat. If a future
proposed building is not consistent with the Master Site Plan, then the
building shall be required to obtain Conditional Use Permit approval.
c) That all future buildings on the subject property will be required to submit
a Certificate of ming Compliance (CZC) application prior to
construction, And all future buildings adjacent to Meridian Road will be
required to obtain Resign Review approval prior to construction.
Section 6 — Conditiatts Governing Mrelapment of Subject Property
sets forth additional conditions and restrictions for the property_
Section 6.Bla currently states:
"a) All future uses on proposed lots or parcels within the annexation area
shall be approved through the Conditional Use Permit process-"
This :Section 6.131a shall be replaced with the following language:
"a) All future uses on proposed lots or parcels within the annexation area
shall be required to comply with the amended Section & of the
Development Agreement and the Unified Development Code."
Page 9
C. Original Concept Plan
Page 10
Ali
M
7 Ir
y I
D. Proposed Conceptual Site Plan (dated: 08/07/2019)
VICTORY COMMONS/ SITE PLAN / DEVELOPMENT AGREEMENT MODIFICATION
i
Page 11
E. Conceptual Building Renderings (not approved)
Page 12
F. Idaho Transportation Department Letter
V24,
Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT
P.C. Box 9028 • Boise, ID a3707-2028
Your Economic Opportunity J208)33a-a3Do • Itd.id.gwabo
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,
The Idaho Transportation Department ill has completed our review of the Victory Commons Traffic Impact Study
(T15) dated May 6, 2019. The proposed Victory Commons development is located on the northeast corner of SH -59 and
Victory Read. 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 priorto 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 3B-4 of the
ITD traffic Manual for details.
. Dedicate 12ft of right-of-wayto ITD forthe entire length ofthe right turn lane.
• I nstall 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 S50ft south. See conceptual image
below.
Page 1 of 2
If the developer 'a in agreement with addressing the items as outlined above then ITD finds the Victory Commons TI5
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 rl acceptance of the 7I5, 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 t he utmost importance to ITI7. Ill have any questions
please do not hesitate to contact me at erika bowenmeltd.1ci ltov or 206-265-4312 extension #7.
Sincerely,
Erika R. Bowen, P.E.
ITD District 3
Traffic Technical Engineer
CC.
Mindy Wallace, ACRD
Sonya Aller, City of Meridian
Page 13
G. Parks Department Conditions of Approval
C �(EP,IDIAN,
Reviewer: Kim Warren / Pathways Project Manager Parks and Recreation
Planner Assigned: Kevin Holmes
Project Name: Victory Commons File No: H-2019-0091 Date: 10.10.19
The following will be required for development of the proposed project:
CONDITIONS OF APPROVAL - PATHWAYS
1. The project developer shall design and construct multi -use pathways consistent with the location and
specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document
Chapter 3) and as listed below. Any proposed adjustments to pathway alignment shall be coordinated
through the Pathways Project Manager.
2. Prior to final approval, the applicant shall dedicate public access easements for two multi -use pathways,
along with additional easement width for a future (third) multi -use pathway segment. These are:
2.1 A micropath connecting the micropath that extends from the cul-de-sac at E Lake Creek/ E
Observation Drive across the Kennedy Lateral Easement to pedestrian facilities at Meridian Road.
Width of this easement shall equal the width of the existing pathway, plus 2' each side.
2.2 A 10' multi -use pathway along Meridian Road to connect the existing sidewalk east of Meridian
Road to the 10' pathway north of the property. Coordinate with adjacent owner to north as
necessary to achieve this connection. Multi -use pathway easements shall be a minimum of 14'
wide (10' pathway + 2' shoulder each side).
2.3 If in good condition, the existing sidewalk along Meridian Road may remain. It is the City's intent
to ultimately achieve a 10' detached multi -use pathway along the length of this parcel. If
applicant chooses not to replace existing sidewalk, applicant shall dedicate any additional
easement width necessary to provide for a future 10' detached multi -use pathway.
Submit easement documents to the Planning Division for Council approval and subsequent recordation.
Use standard City template for public access easement. Easement checklist must accompany all easement
submittals.
3. Construct multi -use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan
Chapter 3.
4. The owner (or representative association) of the property affected by each public access easement shall
have an ongoing obligation to maintain the multi -use pathways.
5. Project developer shall be responsible for procuring any easements necessary to complete the pathway
connection between Meridian Road and the end of the existing micro -path.
6. Project developer shall be responsible for obtaining license agreement and other permission(s) as
required for constructing within irrigation district easements.
Page 14
Should any discrepancy exist between these conditions of approval and the requirements of the
irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway
design that meets both City and irrigation district objectives. City requirements as stated shall not
(nor are they intended to) override those of the irrigation district having jurisdiction over the
project area.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
Recommended Development Agreement Provisions:
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City's Zoning Ordinance codified at Meridian Unified Development Code § 11-
2B.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
Future development of this site shall comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Architectural
Standards Manual. In addition, new buildings shall include the following
architectural features: faux wood and metal panel accents and extra
fenestration/windows.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Division for
approval of all future buildings/uses on the site, prior to applying for building
permit.
4. Direct cross access shall be provided between Lots 2 and 3, Block 1 of
Mussel Corner Subdivision.
5. Applicant shall provide a recorded cross agreements between the subject
properties and with parcels R5915720030, R5915720042, and R6242270030
in accord with UDC 11-3A-3. The recorded agreement shall be submitted to
the Planning Division prior to obtaining occupancy of the first structure.
6. The existing access to S. Meridian Rd. at the north end of the property shall
be closed as required by ITD and new approach constructed per ITD
standards. The applicant shall install a detached sidewalk and landscape the
area with a 25 -foot wide street buffer to match the adjacent sidewalk and
landscaping and in accord with UDC 11 -3B -7C.
7. The required landscape buffer along S. Meridian Rd. and E. Victory Rd. shall
meet the standards listed in UDC 11-3B-7 prior to the issuance of Certificate
of Occupancy for any new construction.
8. The required 25 -foot wide land use buffer to the residential uses to the north
and east shall be constructed to the standards of UDC 11-3B-9. If the
Page 15
planting of vegetation be restricted by any easement, the required buffer
materials shall be planted outside of said easement to comply with the
standards listed above.
9. All future and existing uses on the property shall comply with the outdoor
storage as an accessory use standards of UDC 11-3A-14.
10. The open pond shall have recirculated water and shall be maintained such
that it does not become a mosquito breeding ground.
11. Prior to any Certificate of Zoning Compliance approvals for the area marked
"Future development commercial retail storage" on the submitted site plan,
the pond area shall be improved as an amenity with pedestrian walking paths
and an outdoor seating area.
12. Comply with the Parks Department Conditions of Approval included in
Exhibit G of the staff report dated October 15, 2019.
13. The development of the property shall substantially comply with the
conceptual site plan included in Exhibit D of the staff report dated October
15, 2019.
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