CC - Staff Report and Alternative dealing with Pond1
Charlene Way
From:Kevin Holmes
Sent:Tuesday, October 15, 2019 8:14 AM
To:Meridian City Clerk
Subject:FW: Victory Commons MDA Staff Report H-2019-0091
Attachments:Victory Commons MDA H-2019-0091 Staff Report.pdf; Site Plan - Victory Commons -
no pond.pdf
Importance:High
Applicant’s response to staff report (1 of 2), please also upload their document “Site Plan – Victory Commons – no
pond.pdf”
Thanks!
Kevin
From: Roberta Stewart <roberta@bvadev.com>
Sent: Monday, October 14, 2019 11:48 AM
To: Kevin Holmes <kholmes@meridiancity.org>
Cc: Tonn Petersen <tonn@bvadev.com>; Lance Sayers <lance@bvadev.com>
Subject: FW: Victory Commons MDA Staff Report H-2019-0091
Importance: High
Hi Kevin: I just got back from San Antonio and had a chance to read the attached Victory Commons staff report. All looks
well except we have an issue with Items 10 & 11 on page 16 of the Report. Those items require us to improve the pond
on site with walking paths and outdoor seating.
We have talked with the other landowners in Mussell Corner Subdivision (Tim Mussell & Simon Vander Woude who
owns Legacy Feed & Fuel). They, like us, would like to see the pond and easement removed from the project. We
discussed the matter with them about 2 months ago, and we all agreed that it would be nice to vacate the pond
easement. That area has not proven to be a nice amenity, and it is difficult to maintain. Additionally, this is a relatively
small commercial project, and that large water amenity is overly large and out of proportion for the overall project.
We request that you remove Items 10 & 11 under proposed section 5.1 (page 15 of your report). It was an oversight on
my part to submit a Site Plan that showed that pond in the first place. I have revised the site plan to remove the pond
and trees shown on the original site plan. See attached. If you are amenable to removing Items 10 & 11 from section 5.1,
please insert the attached site plan that does not show the pond.
Sorry for the late request, and thanks for all your help.
ROBERTA STEWART
roberta@bvadev .com | (208) 616-1050
Ball Ventures Ahlquist
bvadev.com
2
From: Kevin Holmes <kholmes@meridiancity.org>
Sent: Thursday, October 10, 2019 3:04 PM
To: Roberta Stewart <roberta@bvadev.com>; Tonn Petersen <tonn@bvadev.com>; Meridian City Clerk
<MeridianCityClerk@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Andrea Pogue <apogue@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>
Subject: Victory Commons MDA Staff Report H-2019-0091
Attached is the staff report for the proposed DA Modification for Victory Commons H-2019-0091. This item is
scheduled to be on the Council agenda on October 15, 2019. The public hearing will be held at City Hall, 33
E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Roberta and Tonn - Please submit any written response you may have to the staff report to the City Clerk’s
office (MeridianCityClerk@meridiancity.org ) and myself (e-mail) as soon as possible.
Thank you,
Kevin Holmes | Associate City Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | kholmes@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.
Page 1
HEARING
DATE:
10/15/2019
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 ¼ of Section 19,
Township 3N., Range 1E
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
III. APPLICANT INFORMATION
A. Applicant/Representative:
BVA Development, LLC
2775 W. Navigator Dr., Suite 220
Meridian, ID 83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 16.74
Current Zoning C-G
Neighborhood meeting date; # of
attendees:
7/30/2019; 4 attendees
History (previous approvals) AZ-03-038; PFP-03-007; CUP-03-071; MI-06-005; DA
inst. # 104153422 and addendum inst. # 106155843
Page 2
B. Owner:
Kuna Victory, LLC
901 Pier View Drive, Suite #201
Idaho Falls, ID 83402
IV. NOTICING
City Council
Posting Date
Newspaper Notification 9/6/2019
Radius notification mailed to properties
within 300 feet 7/2/2019
Public hearing notice sign posted 9/13/2019
Nextdoor posting 7/2/2019
V. STAFF ANALYSIS
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:
1. 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 3
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 4
VII. EXHIBITS
A. Legal Description and Development Agreement Boundary
Page 5
Page 6
Page 7
B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843)
Page 8
ADDENDUM Inst. No 106155843 Provisions:
Page 9
Page 10
C. Original Concept Plan
Page 11
D. Proposed Conceptual Site Plan (dated: 08/07/2019)
Page 12
E. Conceptual Building Renderings (not approved)
Page 13
F. Idaho Transportation Department Letter
Page 14
G. Parks Department Conditions of Approval
Reviewer: Kim Warren / Pathways Project Manager
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 15
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:
1. 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 16
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.
VICTORY COMMONS / SITE PLAN / DEVELOPMENT AGREEMENT MODIFICATION