ApplicationHearing Date: October 27, 2015
File No.: H-2015-0010
Project Name: Shops at Victory
Request: Request for City Council review of the preliminary plat condition (91.2.2) that requires
the property to be subdivided prior to issuance of a building permit, by White -Leasure
Development Company.
Location: The site is located at 3210 S. Eagle Road, in the NW '/a of Section 28, Township 3N.,
Range 1E.
ECEIVE
(✓ Q E IDIAN.- OCT 0 5 1015 Planning Division
�Yl
DEVEIMPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name: � 0 [( ALJ
File number(s)::fl -Zf)1 -d)c ec
Assigned Planner: Related files: h P -o8' QQ(o
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat —MO6 FIcwli 0 yJ
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
City Council Review
❑ Short Plat
Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
❑ Development Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Information
Applicant name: IAJtt(7It- I'1FSJ(ttt cVi t{coNnWtvJ (7K19t�/ir
Applicant address:: 83ks 4V *S7:7— rMU=ffliSTS Email:
State: ` P . Zip: ?3 -7D V
fry Other 1 r/2C Gh9S(- A 04PA'Wt4vi' 3
City: ,t'!�n)_CcrZ—
Applicant's interest in property:
Owner name:1&�_, L m
Owner address: 3 i o N
❑ Own ❑ Rent ❑ Optioned
Phone: , nL/,,
Phone: 577-9�33;t-
City: RC2 1, r z State: cJ--O Zip:�Jnj%d a//
JJ
Agent/Contactname (e.g., architect, engineer, developer,. representative: 4/ 14713 -LRf�gJ(4zr_�;V/ d
Firm name: �C l` P /t,f311iQ Phone:7a 9 -13 �S
Agent address: 1 3e' 4)• Fro ra--A2 f1 Email: JNum (Jµvi���ttrgsurN •fort
City: l ,q -t 'z_ State: JAt Zip: �
Primary contact is: R Applicant ❑ Owner ❑ Agent/Comact
Information
Location/street address: SEC. 1LM,1-&
d- ViCTOf
�ti2o.
Saw s.Township, range, section: 3 0 1 E
5ot-c 19r/
Assessor's parcel number(s): SJ f a
d
Total acreage: 2).67 Zoning district:
C- C
Community Development x Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian,Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/olannine
-I- (Rev: 06112120.14)
Project/subdivision name: &C -nn A-7- V ; c,T a (L`(
General description of proposed project/request: �&Lf,_M S Rzi16A� 7_91t—
Nl1t l_1Mty,Jf>:Ye:j IPu!-T i�Cf.�J��rLV'cn'l.f'ut/SS,
Proposed zoning district(s): NIA -
Acres of each zone proposed: A)/&
Type of use proposed (check all that apply):
❑ Residential ❑ Office Dq Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? 41/4
Which irrigation district does this property lie within? Or
Primary irrigation source:
Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Number o�fre��units:
Number of common lotts�.,
Number of building lots:
Number of other lots:
Proposed number of dwelling uin is (for multi -family developments only):
1 bedroom: 2----i-kdrooms: 4 or more bedrooms:
Minimum square footage of structure (excl.
Minimum property size (s.f):
Gross density (Per UDC ll -1A-1):
Acreage of qualified open space: _
Type and calculations of qualified
Net density
Percentage of,
Maximum building height: -
Average property size (s.f):
rUDC 11-lA-1):
ifr'ed open space:
space provided in acres (Per UDC 11
Amenities provided with -this development (if applicable):
Type of dwellin -s) proposed:
❑ 1 7 ❑ Multi -family
Non-residential Project Sum
❑ Single-family Detached
❑ Vertically Integrated
❑ Single-family Attached ❑ Townhouse
❑ Other
Number of building lots: 6 Common lots: � %i- Other lots: A%
Gross floor area proposed: 9vl A- Existing (if applicable): a1114-
Hours
1/9-
Hours of operation (days and hours):� Building height: /-
Total number of parking spaces provided: � Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: "
Date: t 2S �/5
1
Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/planning
-2- (Rev. 0611212014)
IL
WHITE-LEASURE DEVELOPMENT COMPANY
October 5, 2015
Meridian Development Services
Attn: Sonya Watters
33 E. Broadway Ave, Suite 102
Meridian, Idaho 83642
Re: Shops at Victory— 3210 South Eagle Road
Dear Sonya,
This application is a request to delete requirement 1.2.2 of the preliminary plat so that the applicant can
apply for a Certificate of Zoning Compliance and a Building Permit for Rite-Aid Drug Store prior to the
property being subdivided.
It is critical to our construction schedule that we be allowed to move forward with the construction of the
Rite-Aid store and we are agreeable to restrictions on the other two proposed lots so that no construction
will occur on them (other than sidewalks and landscaping) until the property is subdivided.
Please schedule us at the earliest possible date for a City Council hearing.
Thank you,
Jeffrey Huber
Vice President
TO. Box 1277 • Boise, Idaho 83701-1277 • Telephone (208) 345-1842 • Fax (208) 343-3143
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008
B. Conditions of Approval
1. Planning Department
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (stamped on March 17, 2008 by
Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 848-5506 to
initiate this process. Said DA shall be completed within 1 year of City Council action. (The
Planning Department required DA provisions are in Section 10 of the Staff Report.)
1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT
1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ -08-007),
associated Development Agreement, and Conditional Use Permit (CUP -08-011) shall also be
considered conditions of the Preliminary Plat (PP -08-006).
1.2.2 Prior to issuance of any CZC and/or building permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code,
1.2.3 The landscape plan included in Exhibit A, prepared by The Land Group on 4/18/08 (revised
4/24/08), is approved with the following modificationslnotes;
• The applicant shall construct a minimum 25 -foot wide street buffer along the entire
frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of ACHD
right-of-way required for the ultimate street section. Said buffer shall be designed and
constructed in accordance with UDC 11-3B-7. Per UDC 11 -3B -7.2b, street buffers shall
be on a common lot or on a permanent dedicated buffer, maintained by the property
owner or business owners' association.
• The applicant shall construct a buffer adjacent to the existing residential uses to the east
and south in accordance with the landscape plan attached in Exhibit A and the DA
provisions and conditions of approval noted in this report. A reduction in the required 25 -
foot wide buffer was approved in certain areas depicted on the landscape plan through
Alternative Compliance with this application.
• Depict a minimum 6 -foot tall verti-erete wall along the south property boundary in the
areas shown on the fencing plan attached in Exhibit A.5. In all other areas adjacent to
residential uses, depict minimum 6 -foot tall solid vinyl fencing.
• The applicant shall construct a minimum 5 -foot wide detached sidewalk along both Eagle
Road and Victory Road beyond the ultimate right-of-way of the reconstructed and
widened Eagle/Victory intersection. Said sidewalk shall extend across the Aldridge
property along Eagle Road to Falcon Drive and he located within a public
pedestrian easement.
• The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the
caliper inches of trees to be mitigated, and approval of the tree mitigation plan. Per
UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
implementing the protection and mitigation plan for the existing trees on site.
Exhibit B — Page 14
Recording Requested By and
When Recorded Return to:
Brian L. Ballard
HAWLEY TROXELL ENNIS & HAW LEY LLP
Post Office Box 1617
Boise, ID 83701-1617
ADA COUNTY RECORDER Chritkilher D. Rich AMOUNT 22.00
BOISE IDAHO 03!05111 03:30 PM
DEPUTY Acree
RECORDED'I-REQUEST OF III IIIIIIIIIIIIIIIiIIIIIIIIIIIIIII III
The Land Group 111020409
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
(THIS DEED IS GIVEN AND RECORDED TO CREATE A LEGAL PARCEL OF RECORD.)
QUITCLAIM DEED
(INCLUDING AFTER-ACQUIRED PROPERTY)
FOR VALUE RECEIVED, DMG-EAGLE & VICTORY, LLC, an Idaho limited liability
company ("Grantor'), does by these presents convey, remise, release and forever quitclaim
unto DMG-EAGLE & VICTORY, LLC, an Idaho limited liability company ("Grantee"), which has
an address of 350 N. 91n Street, Suite 201, Boise, Idaho, 83702, all right, title and interest which
Grantor now has or may hereafter acquire in the real property situated in Ada County, Idaho,
more particularly described as follows:
Parcel "A" of that certain Record of Survey recorded )YIQI-dA 6 2011, as
instrument No. 111 09,0 41 , records of Ada County, Idaho, as more
particularly described on Exhibit "A" attached hereto, incorporated herein, and by
this reference made a part hereof.
TOGETHER WITH all right, title and interest which Grantor now has or may hereafter
acquire in the rights of way, easements, tenements, hereditaments, water rights and
appurtenances thereunto belonging, reversion and reversions, remainder and remainders,
rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto the Grantee and to Grantee's successors and
assigns forever.
IN WITNESS WHEREOF, this Quitclaim Deed has been dulyexecuted byand on behalf
of Grantor this J,;t day of 2011.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
QUITCLAIM DEED - 1
42795.0007.2199227.1
DMG-EAGLE & VICTORY, LLC, an Idaho limited
liability company
By: LDM REAL ESTATE SERVICES, LLC,
an Idaho limited liability company,
Manager
and Member
By:
L. David McKinney, Member
STATE OF IDAHO )
) ss.
County of Ada )
On this �day ofJanuary, 2011,before me, (,byi5 4rt104�
a Notary Public in and for said State, personally appeared L. David McKinney, known or
identified to me to be the Member of LDM Real Estate Services, LLC, an Idaho limited liability
company, the Manager and one of the Members in the limited liability company of DMG-EAGLE
& VICTORY, LLC, an Idaho limited liability company, and the Manager and Member who
subscribed said limited liability company name to the foregoing instrument, and acknowledged
to me that he executed the within instrument on behalf of said LDM Real Estate Services, LLC,
and that LDM Real Estate Services, LLC, executed the same in the name of DMG-Eagle &
Victory, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
"��•ts�c "''., Notary Public for Idaho
•.•LyR RF Residing at /
;.••'��•`'`•.�`% My commission expires 3 7i
t%oTA* ti
e
pURLI S *$
9'T •'••�•.• �O
`'•..l' OF ID t'..•'•.
QUITCLAIM DEED - 2
42795.0007.2199227.1
DMG-EAGLE & VICTORY, LLC, an Idaho limited
liability company
By: GOINS DEVELOPMENT CO., LLC, an
Idaho limited liability company, Member
R. Greg Goin , , ember
STATE OF IDAHO )
) ss.
County of Ada )
On this day of January, 2011, before me,
&a , a Notary Public in and for said State, personally
appeared R. Greg Goins, known or identified to me to be the Member of Goins Development
Co., LLC, an Idaho limited liability company, one of the Members in the limited liability company
of DMG-EAGLE & VICTORY, LLC, an Idaho limited liability company, and the Member who
subscribed said limited liability company name to theforegoing instrument, and acknowledged to
me that he executed the within instrument on behalf of said Goins Development Co., LLC, and
that Goins Development Co., LLC, executed the same in the name of DMG-Eagle & Victory,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
�'"�������•'•••. Notary Public for Idaho
Residing at B."Jb
rorA .�'� My commission expires 3I �l iL
Rr
3F ID
QUITCLAIM DEED - 3
42795.0097.2199227.1
January 3, 2011
Project No. 07167
Legal Description
Lot Line Adjustment
Parcel 'A"
3.68 Acres
THE LAND GROUP, INC.
Exhibit "A"
A tract of land situated in the Northwest One Quarter of the Northwest One Quarter of
Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as
follows:
Commencing at a found brass cap monumenting the Northwest Corner of said Section
28, thence following the northerly line of the Northwest One Quarter of said Section 28, South
89'35'51" East a distance of 530.00 feet to a point, which bears North 89635'51" West a
distance of 2,127.27 feet from a found brass cap monumenting the North One Quarter Corner of
said Section 28;
Thence leaving said northerly line, South 0031'02" West a distance of 48.00 feet to a set 5/8 -
inch steel pin on the southerly right-of-way line of East Victory Road and the POINT OF
BEGINNING.
Thence leaving said southerly right-of-way line, South 00'31'02" West a distance of
152.00 feet to a found 5/8 -inch steel pin;
Thence South 18'19'52" West a distance of 138.72 feet to a set 5/8 -inch steel pin;
Thence North 89'35'51" West a distance of 245.57 feet to a set 5/8 -inch steel pin;
Thence South 06'26'06' West a distance of 103.83 feet to a set 5/8 -inch steel pin;
Thence North 89'31'13' West a distance of 90.01 feet to a set 5/8 -inch steel pin;
Thence South 00'31'02" West a distance of 73.75 feet to a set 5/8 -inch steel pin;
Thence North 89'31'13" West a distance of 92.85 feet to a set 5/8 -inch steel pin on the
easterly right-of-way line of South Eagle Road;
Thence following said easterly right-of-way line, North 00'28'11" East a distance of
443.45 feet to a set 5/8 -inch steel pin;
Thence leaving said easterly right-of-way line, North 45'31'41" East a distance of 24.53
feet to a set 5/8 -inch steel pin on the southerly right-of-way line of East Victory Road;
Thence following said southerly right-of-way line, South 89°35'51" East a distance of
464.60 feet to the POINT OF BEGINNING.
Ar
La dhape An'6 tiara" a Silt Planning o Ciml Egrxn ng "Golf Corn ImIgviien ¢4' Enginnrrng " Gr*&e Coam"wrmtion
462 F.. Shwx Dme, tire. 100, Eagle, Idahn 83416 • P 20&937A041 F 268.939.4145 n w" m.thdandgr..Pmcenm
G:\2W?\0767\.idminV gats\1._07767 110103 Parccl;l l.l..l.d,x
THE LAND GROUP, INC.
The above-described tract of land contains 3.68 acres, more or less, subject to all existing
easements and rights-of-way.
Prepared 8y: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
ftwal 2459208-939-4445 (FAX) ti
of
/. 3.4&011
L.,&,Oe. 4,bawrx • Sw Plnexisg Ci,vl Enginernn8 ,otf Courrr Irrigilroe d r-ginndgg Gr*la(Cam.Mw'wian
462 E.. Shnrc Drwc, tire. IOU, 1!aglc, Idaho 83616 P ?O8.939.4611 1' 268.939.4445 u.'ww shehn r+ yDine.nlm
G:\?60'10'1671.1dmin\Is als\h_0716? 110103 !'arcd.l_M A.&K
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I, L"VAS I'y� I�inJN i£Y, �S� N. % " Fi-/v�r Sut`RL. aul
y� (name) address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to: `
Lli FkSrRlzc �C%�a'x l�%� t 1c�OrS 537
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree 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
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant 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 7 ay of C Jyyss�� CGToo — —'20 /-5
�(Signattue)& - 4va
SUBSCRIBED AND SWORN to before me the day and year first above written.
5
(Not y Public fo Idah
BRENDA J. KREMPASZKY ]Kp�_�
NOTARY PUBLIC Residing at:—LQ , V' 1-� g32/co
STATE OF IDAHO �
My Commission Expires:
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)Imnina
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0 E IDIAN:---
Community Development
Parcel Verification
Date: 7/31/15
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Shops at Victory
Parcel Numbers: S1128223210
T/R/S: 3N1E28
Acres: 3.68
Address Verification - Rev: 04/23/12
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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.
gt� I /.(
— \J 1, Apphc��Iafej signature Date
Corrammity Development a Planning. Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orWt)lannine