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CC - Applicant's Response to Staff Report1 Charlene Way From:Kevin Holmes Sent:Tuesday, October 15, 2019 8:14 AM To:Meridian City Clerk Subject:FW: Alternative for dealing with Pond in 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 (2 of 2). Thanks! From: Roberta Stewart <roberta@bvadev.com> Sent: Monday, October 14, 2019 3:18 PM To: Kevin Holmes <kholmes@meridiancity.org> Cc: Tonn Petersen <tonn@bvadev.com>; Lance Sayers <lance@bvadev.com> Subject: Alternative for dealing with Pond in Victory Commons MDA Staff Report H-2019-0091 Importance: High Hi Kevin: If the City Council is not inclined to totally remove Items 10 and 11 regarding the “pond amenity”, there is another solution for Victory Commons. That pond exists on site by virtue of a pond easement. It can only “go away” if we, Tim Mussell, and the owner of Legacy Fuel, sign and record a document to vacate the pond easement. Mr. Mussell and the Legacy owner already agreed verbally that they would like to vacate the pond easement. BUT, anything can happen, and they could change their mind. If they do, the pond will stay by virtue of that easement. In light of that factual backdrop, it might be sufficient if we merely change items 10 & 11 to state “as long as the pond remains, the pond will be aerated,…etc. Specifically: 10. So long as the open pond remains, it 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, if it remains, shall be improved as an amenity with pedestrian walking paths and an outdoor seating area. amenity I think we will be happy either way: either delete items 10 and 11 from the DA entirely, or add the “so long as the pond remains ” language. I’ll be prepared to address this tomorrow night. Also, I would note that even though an open space amenity may be going away, we intend to install the meandering micropaths required by the Parks Department. That will serve as a beautiful open space amenity that can mitigate the loss of the pond. ROBERTA STEWART roberta@bvadev .com | (208) 616-1050 Ball Ventures Ahlquist bvadev.com 2 From: Roberta Stewart 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 orig inal 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 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, 3 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.