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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