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Home My WebLink AboutTen Mile WalmartREVISED CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: 3aooo~-5 April 6, 2012 E IDIAN~-- TO: Walmart Real Estate Business Trust I D ~+ H !~ FROM: Bill Parsons, Associate City Planner SUBJECT: Ten Mile Walmart -CZC-11-061; DES-11-039 OWNER: Walmart Real Estate Business Trust DESCRIPTION OF APPLICANT'S REQUEST The applicant, Walmart Real Estate Business Trust, requests certificate of zoning compliance (CZC) and administrative design review approval (DES) of the site and landscape improvements and a new 159,653 square foot retail store with adrive-through pharmacy on 26.16 acres of land in a C-G zoning district. The out parcel portion of the site, identified as future out parcels A, B, C and D will be reviewed with subsequent CZC(s) for the associated structures and site/landscape improvements. This CZC represents the site development and the extension of a westerly collector street (Road A) for the develoLment ofa~e Walmart store. *r~~~n~~~~te~ cr^^^"Y.M:c?cc ::?"''°''°'' `° .The applicant has the option to process a foundation only permit but vertical construction may not commence until ''-.:'a:.,,. °'°-~~*'°~~ ~ ° D'°~~'~~- r'°~°~*m°~* ° ~°' °^~ ACHD has accepted the right-of--way dedication of Road A as shown on the site plan. The site is located at 5001 N. Ten Mile Road (Parcel No. SO427449820). DECISION The applicant's request for CZC and DES is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall ° ° ° D'^ ,.,-,° °-.'~,°~' °' °°'w° ~:.?'.a'.::b c'.c.~:' --...-='' provide approval from ACHD on the Road Aright-of--way dedication prior to obtaining a building permit. 2. Overnight recreational vehicle parking/camping on the site is prohibited. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Conditions Document 1 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 4. The site plan prepared by PacLand, dated 12/29/11, labeled Sheets C-1.0 is approved (stamped "approved" on 01/05/12 by the City of Meridian Planning Department) with the following comments: • The applicas~ ~rfl ~bmit at~p~d cfvii dr~vl >be Psi W~`!br approval that det~ii bstlt the o~-side dr~xg+e x~ tlYe~~t~eet t M public streets prior to coanmescix~ the site work. • The applicant ahai~ mai~-taiu the 8' X 11' bay pad dte mntil Leh tie as ):~~ provided to the ard-. 5. The landscape plan prepared by PacLand, dated 12/29/11, labeled Sheet L-1.0, is approved (stamped "approved" on 01/05/12 by the City of Meridian Planning Department) with no changes. 6. The elevations prepared by BRR Architecture, dated 04/02/12, labeled Sheet A2, are ap rn oved (stamped "approved" on 04/06/12 by the City of Meridian Planning Department) with no changes. 7. The approved site plan, landscape plan and/or building elevations shall not be altered without prior written approval of the City of Meridian Planning Department. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PBA-08-013; RZ-08-004, MDA-08-002 and DA Instrument No. 110051282). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Conditions Document 2 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 7. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed uses as set forth in UDC 11-4-3-11 and UDC 11-4-3-37. ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS: The submitted site plan depicts a future Road A along the western boundary. This is an off-site improvement the applicant is proposing to construct for the benefit of the development. ACHD is working with the adjacent property owner on the dedication of Road Aright-of--way (ROW). Staff has communicated to the applicant that vertical construction will not be permitted until the ROW is dedicated to ACHD. .Once Ike the ROW is dedicated, the applicant may submit for a building permit. Staff has also requested the applicant post the parking lot with no overnight parking/camping. The use as a recreational vehicle park has not been approved for the site nor designed to accommodate recreational vehicles. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests 'for review shall be filed in writing with the Planning Department on or before 04/21/12, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC I 1-SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until 3a~a~-5 April 6, 2013. EXHIBITS A. Vicinity Map B. Site Plan (dated: 12/29/11) C. Landscape Plan (dated: 12/29/11) D. Building Elevations (dated: 04/02/12) Conditions Document 3 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED A. Vicinity Map ~. w; HEr,or~v cr~~s ~ ~... 1 ~ ~~.. ~'~~ --~ ~~9o~w.+nD~~ __ _ _ _ __~ ~ ~ r ~ ~..~ ~ _. ;; W MALTA DR ~ W ANl~TOt.~' ~1 ~ ~ ~~ k ~ ~ ~.~ r"" i ~ O ~ ~~ ~ ~ 7 ~^ Y f ....~. . r a T.. ~ -~ 7~ '.. 147 t~ I~"= L ~~ mow-.{: - _} z --} ~---- _ {{ ~ ~r- - I ~ ~'ti ~~ OiA~Q P__~ ~. w y _ {~ ~ i ~ ~ - -i ~ ~ ~-~ ~ i ~ , _ c~--- JJ DAW NE S7 --- ., )--- "- - ~~ -+ W~9 WAY RAPipg IN r - I- - -~- w-~ v~ - ~ i -- z ~ - w ~ncan~v,+u r~ ~ f , = I ~ f ; ~, ~:_, --- - --- ~ -~-_ --,~ n ~~ 1 ~ - d._ - i - --- -~ ~..._.______-------_ ~ ~ i , 1 i 1 ~.~9k ___ - - _ ,~ ~ ., ~~ 7 -- _ ~ _ __~._ w Pik ei}cw~ `~ ~ yv eeti~rowe~ DR ~ ~ ~ ~ ~~ ~ L ~ ~, j ~' L~,1. I ---- t , _, , T r,, 4 Conditions Document 4 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED B. Site Plan (dated:l2/29/11) ~-, -m-- ~ ~ ~ -\--------------- i ~~Z«~ ~ ~ ,1 1 BTdWWAIEII __ -_ _ _ __ I LLUTAOEIBR AREA - I ~ PAN(NO DATA i I -~_-__ _~ ®~w ~' .' ~': ~.~ ~' err^^ - i nm~ ~R^uf I.~ ~ i ~ BULDNG DATA `BITE DATA r.r.an W I ~ W ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ I ~ •' ~~. o., .e^...~... Wes.^, ~ . loTf iV\\\\~ - AI vas ~ f caDEra~BErn~Aro = - ~' ~ ~ • BErmce coAeEAO1nL CONTACT eFO ' EABEI.@!f8 i I,~ }:lei rancnnoN NOTE I ~ ~ _ I T - i \ 1~ - - wn~ i wlue ro-"i ~~ i • y~ 1 I TEA = = ~ OVN.Of'A' OURATY ~ I ~ Y ~ i, _ ~ I ,~ !' _~~~ w b mt. m Mvl a °8y`:r C-LO Conditions Document 5 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED C. Landscape Plan (dated: 12/29/11) i OI~'° ~I ~ i SP56tl~tii5ffia. °^~ .~~ SPSmBiN15I61. °~ .~~~ `64165 `64JCr .+m ... '4546i~ °64551" '64511` _ .~~~ ~14L ~~ ~;~ ~ ~... ,~ ~~~ ~ ~,,,,~ ~ tt~ .~ " ~~ ~ ~ ~; , - - - _ ~ .6 ~~ 1~ gym, ~~ !~ C-O OEJE~nI flEfPL AND iFANCE CW6ICWL Conditions Document 6 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED C. Building Elevations (dated: 04/02/12) ,..-..... ..._..,...~ .., ...., _,... ..r...~ w.npax y a. y.rr ~Y~M M~ OYYY~AYMY~ W~w1Y r~W~~' ~NIY^, V IY~Y~/~1 M~lyv~~ OYYr wi ~wY ~wIN y~y,y~y~~ ~~j~~ Walmart :; MenAian (N W), iD #;Bai ~. Nvw Scora. Beoatlonz • ~.~ ... a w: ~wra __ ~. ~ - ~' O q I as wto Conditions Document 7 Ten Mile Walmart CZC-11-061; DES-i 1-039 ~- REVISED m s. s ~.- ..~ N ,... ~. .. o~P~ 1~ KB.:'y .ey .:; h ra. ." r . 1 ,.~~ ~..._ ~..- ti . ~. ~.... t ~ i '-.... Q r ~`T~ i ++ O ~ i'"'li~~l tqM ~c f~l ~~ ~. ~~w ~ =~iD1Y ~: ~y~ ® -~M~ ~' ~~ ~~ ~. k.:= ,3 awl w+~ QZ {~pc.lJ~ Conditions Document 8 Ten Mile Walmart CZC-11-061; DES-11-039 REVISED w~- .~ .... -mow 0 t6 ....._._... _ 1 °V 7~- CL ~~ I. _ . ,.z ~~ 10 S 1~-. is Conditions Document 9 Ten Mile Walmart CZC-11-061; DES-11-039 ~~~ V CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: January 5, 2012 E IDIAN~-- TO: Walmart Real Estate Business Trust I D A H O FROM: Bill Parsons, Associate City Planner SUBJECT: Ten Mile Walmart- CZC-11-061; DES-11-039 OWNER: Walmart Real Estate Business Trust DESCRIPTION OF APPLICANT'S REQUEST The applicant, Walmart Real Estate Business Trust, requests certificate of zoning compliance (CZC) and administrative design review approval (DES) of the site and landscape improvements for a future 159,653 square foot retail store with adrive-through pharmacy on 26.16 acres of land in a C-G zoning district. The out parcel portion of the site, identified as future out parcels A, B, C and D will be reviewed with subsequent CZC(s) for the associated structures and site/landscape improvements. This CZC represents the site development and the extension of a westerly collector street (Road A) for a future Walmart store. No building permits or certificates of occupancies will be tied to the site/landscape improvements proposed with this application. At this time building elevations are not proposed or approved with this CZC application. The applicant has the option to process a foundation only permit but vertical construction may not commence until building elevations receive Planning Department approval and ACRD has accepted the right-of--way dedication of Road A as shown on the site plan. The site is located at 5001 N. Ten Mile Road (Parcel No. 50427449820). DECISION The applicant's request for CZC and DES is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDFformat and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall receive Planning Department approval of the building elevations and provide approval from ACRD on the Road Aright-of--way dedication prior to obtaining a building permit. 2. Overnight recreational vehicle parking/camping on the site is prohibited. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Conditions Document 1 Ten Mile Walmart CZC-11-061; DES-11-039 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 4. The site plan prepared by PacLand, dated 12/29/11, labeled Sheets C-1.0 is approved (stamped "approved" on 01/05/12 by the City of Meridian Planning Department) with the following comments: • The applicaa# aha~ snbnit stamped civil drinriags to Pablie Ws+risa for revie~r~ approval that deta~ bath the as-site drniaoge asd the atro~ ii~gitt tocsfioodr s~ 111~e public streets prior to the wog the site ~verk. • The applicaut shall saai,tait the 8' X 11' bsa pad e~ite aatil saeitime as tristr~lt:iN provided in the area. 5. The landscape plan prepared by PacLand, dated 12/29/11, labeled Sheet L-1.0, is approved (stamped "approved" on 01/05/12 by the City of Meridian Planning Department) with no changes. 6. The approved site plan and landscape plan shall not be altered without prior written approval of the City of Meridian Planning Department. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PBA-08-013; RZ-08-004, MDA-08-002 and DA Instrument No. 110051282). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Conditions Document 2 Ten Mile Walmart CZC-11-061; DES-11-039 ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS: The submitted site plan depicts a future Road A along the western boundary. This is an off-site improvement the applicant is proposing to construct for the benefit of the development. ACRD is working with the adjacent property owner on the dedication of Road Aright-of--way (ROW). Staff has communicated to the applicant that vertical construction will not be permitted until the ROW is dedicated to ACRD. The applicant is also working on revised elevations for the proposed Walmart. Once the building elevations are approved and the ROW is dedicated, the applicant may submit for a building permit. Staff has also requested the applicant post the parking lot with no overnight parking/camping. The use as a recreational vehicle park has not been approved for the site nor designed to accommodate recreational vehicles. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before 01/20/12, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPII2ATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until January 5, 2013. EXHIBITS A. Vicinity Map B. Site Plan (dated: 12/29/11) C. Landscape Plan (dated: 12/29/ 11) Conditions Document 3 Ten Mile Walmart CZC-11-061; DES-11-039 A. Vicinity Map W SELWAY RAPIDS 4r1 Conditions Document 4 Ten Mile Walmart CZC-I1-061; DES-I1-039 B. Site Plan (dated: 12/29/11) ,~~ e~ ' ~ _ ~... . PARVIO DATA ~• .. ^.av....-+a.w ..~p~n ~•••• ..io..o BLl0N0 DATA BITE DATA ~.. ... .s:...re ... cDNTACrrFO ' - ~ ~ _...s p.~....~...~ ~iiox NOTE ~~ ~'7~ a~ .~ -i . -~ 1 - ---- ----------- ~ \ i ~~~ 1 ~ ~ I „ ,, -i--------~ -- i _ a ~ ~ ~ i -- - - --- -- - _ _ _ _ I ~ « / - ~` ~ ~ _ _ _ _ _ _ _ S .~;~, .. I 4 _ I ~ a ~ ~ ~ ,p '' I , ~ / LOT 1 ~ - ~ I r I P - :r~- 1 ~~ ~~ I OUROT'A' OVRAT iT i~~'~ !~' ~ 1 ~~ i a"MFR I:: ~ ~~ ~' ,I ` ~~I ~~ i iii ~[U11` to 1 "7~.°r C-10 Conditions Document 5 Ten Mile Walmart CZC-11-061; DES-11-039 C. Landscape Plan (dated: 12/29/11) - „~ ,~ ,~. ~_, - .~„~.~, °'O.l1YIK117 "YSY. Y~i t ~ - R ®.~ e. i O •",• =~ *:xs~t. _.~ ., . ~ io.~ ._=~.._ ~~ ~ ~- ~ s _~~:~ ~~..a W, ~~.~ w, ,,._„ ~~ ~, ~a N, ~t-7Y4- 'IL'6i `7'C~ .~qy~. ~t-°IYf- ~., ~o~~w~ _-,~ ~.s_ _~:x- LL ~~~ i d~ xnn Conditions Document 6 Ten Mile Walmart CZC-11-061; DES-11-039 ~~~~~ D;~ Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name• Walmart -McMillan and N Ten Mile File. #: C~C• /~-d~of Applicant/agent Nick Taylor - PACLAND All applications are required to contain one copy of the following unless otherwise noted: Applicant. Description Staff ~ x Com leted & si ed Administrative Review A lication x Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use i.e., a licable conditions of a royal or Develo ment A Bement x Recorded warran deed for the sub'ect ro e x Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, submit a c of the Articles of Inco oration or other evidence to show that the erson si is an authorized a ent. Written confirmation that a traffic impact study or change of use is not required and/or has x been submitted for review to ACRD. Please contact Mindi Wallace at 387-6178 or Christy l Little at 387-6144 for more information. x Scaled vicini ma showin the location of the sub'ect ro e x Fire Marshall a royal for access and turn around (stamped, full size site plan) l x Sanitary Service Company approval for trash enclosure & access drive (stamped, fait size site Ian x Civil Site/Dimension Plan - 1 full size co folded to 8 '/2" x 11" size) x A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens f l/ or more (see UDC 11-3A-11) x Co of the recorded lat the roe lies within 8 ''/Z" x 11 ") x Address verification letter from Develo went Services (887-2211 Site Plan-*1 copy (folded to 8'/z" x 11" size) x The followin items must be shown on the site Ian: • Date, scale, north arrow, and ro'ect name (scale not less than 1"=so') • Names, addresses, and telephone numbers of the developer and the person and/or - firm re grin the Ian • Parkin stalls and drive aisles • Trash enclosure s) location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if ou rove.no water ri his exist to sub'ect ro e • Sidewalks Or athwa s (proposed and existing) • LOCatlori of o osed buildin on lot (include dimensions to property lines) • Fencin (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact states) - Building size (sq. ft.) - Lot size (sq. ft.) - Setbacks Zonin district x • Reduction of the site Ian (8 ''/z" x 11 ") Landscape plan - *1 copy (folded to 8 %z" x 11" size) x Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is preferred) and be on a standard drawin sheet, not to exceed 36"x 48" Z4"x 36" is re erred . A Ian which cannot be drawn in 3.3 E. Broadway Avenue, Suite 210 • Meridian, Idaho 2S364L Phone:. (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciry.org its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The followin items must be included on the landsca a Ian: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the lan • Stamp/signature of a landscape architect, landscape designer, or qualified nurse an re arin the lan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lains, hi h oundwater areas, and rock outcro in s • Location, size, and species of all existing trees on site with ,trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be rotected from dama a durin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si s, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours • Si ht Trian les as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate) • Planting and installation details as necessary to ensure conformance with all re aired standards x • Desi drawin s of all fencin ro osed for screenin oses x Reduction of the landsca a lan (8 '/z" x 11" x Buildin elevations showin construction materials - * 1 co folded to 8 '/s" x 11" size x Reduction of the elevations 8 ''/z" x 11" Electronic version of the site plan, landscape plan, & building elevations in pdf format x submitted on a disk with the files named with project name & plan type (i.e. site plan, landsca a lan, elevations, etc.). We encoura a ou to submit at least one color version. If applying for approval of a public school, provide additional information as required by , the Public School Facili su lemental checklist er §67-6519 ~ x Fee (If this ro'ect had rior a royal on a site lan, reduced fees ma a 1 ) *Once an application is accepted, staff will contactyou to letyou know how many additional copies ofplans are required. All plans are required to be olded to 8 '/z " x 11 "size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved yourplans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/02/2011) 606 COLUMBIA STREET NW T 360.786.9500 sulrE 106 F 360.786.5267 OLYMPIA, wA 98501 WWW.PACLAND.COM Memorandum Date: December 2, 2011 To: Bill Parsons; City of Meridian From: Nick Taylor Subject: Walmart Store #5841 (NW); Meridian, Idaho Certificate of Zoning Compliance and Design Review Narrative Walmart Real Estate Business Trust is the owner of approximately 26 acres located at the northwest corner of McMillan and Ten Mile Roads in Meridian, Idaho. The zoning designation for the property is C-G "Commercial General", and the planning designation is "Urban/Suburban". The proposed site development is depicted on the Site Plan included with Certificate of Zoning Compliance and Design Review application package. It is our opinion that the proposed application is Zoning Compliant and that it meets all requirements of the Urban/Suburban Design Guidelines and City of Meridian Unified Development Code. Brief discussion of how the proposed development meets each criterion is provided below: A. Applicable Conditions presented in the City of Meridian Urban/Suburban Design Guidelines: 1.0 Site Character 1.1 Coherent Plan C-1.1.3.1 Developments should establish an appropriate and compatible transitional development pattern that reflects planned and anticipated land uses, development character, and mixed-use opportunities. There are no opportunities for mixed use because the site is zoned General Retail and Service Commercial. The development is compatible with the anticipated commercial land use. C-1.1.3.1.1 Develop a master plan for large-scale, phased, and multiple-site proposals to demonstrate the establishment of an appropriate context and the~hesiveness of individual project components. The site is currently the part of a larger master plan that is governed by a previously approved development agreement. C-1.1.3.1.2 Where appropriate, coordinate with adjacent uses and residential areas, including single-project phases, to promote a cohesive neighborhood. Coordination and connectivity is provided to adjacent uses. C-1.1.3.1.3 Avoid piecemeal and fragmented development that detracts from the establishment of an aesthetic neighborhood appearance and character. The development is governed by a development agreement ensuring an aesthetic and consistent appearance and character. Page 2 Bill Parsons; City of Meridian December 2, 2011 C-1.1.3.1.4 Reduce and mitigate the impacts from proposed developments on adjacent sites as appropriate and compatible with planned and anticipated land uses and development character. The proposed development mitigates impact on adjacent sites through dense landscape buffers. C-1.1.3.1.5 Mixed-use, large-scale, and multiple-site developments should integrate public space within a discernible center and/or create interconnected pedestrian-oriented nodes. The proposed development includes pedestrian pathways to connect with the adjacent properties. C-1.1.3.2 Anticipate the addition of future transit systems to the transportation network and plan for the integration of appropriate transit facilities and infrastructure. The proposed development has wide drive aisles that could accommodate integration of future transit systems. Also, the pedestrian pathways through the proposed develop facilitate transit accessibility. C-1.1.3.2.1 Coordinate routes, placement of facilities, and infrastructure improvements with the appropriate transportation authorities and any adopted or accepted long-range plans. The proposed development is being coordinated with ACHD to ensure compliance with long-range plans and current levels of service. C-1.1.3.3 Where possible, incorporate and enhance significant natural features as site amenities and/or design elements. The site currently is an undeveloped field and has no significant natural features. C-1.1.3.4 Appropriately address the critical issues of site layout that influence development character, including, but not limited to, vehicular access, pedestrian connectivity, building orientations, parking, and public space. The development layout is designed to facilitate flow in and out of the development at a safe speed. Pedestrian pathways are included on site to connect the development and adjacent residential use to the City of Meridian path network. The parking is designed in accordance with the City of Meridian municipal code to include landscape islands to increase aesthetics and decrease cross space driving. 1.2 Access & Connectivity C-1.2.3.1 Limit direct vehicular access off major roadways, including highways, principal arterials, and other designated mobility corridors, to mitigate development impacts on the roadway system. Vehicular access will be limited to points allowed by the Ada County Highway District. C-1.2.3.1.1 Coordinate and combine access points with adjacent sites and uses to reduce or eliminate multiple vehicle access points along roadways. The proposed development provides an access with the adjacent development. C-1.2.3.1.2 Provide site ingress/egress from secondary roadways for sites adjacent to major roadways. Two ingress/egress accesses are provided to proposed Road A. C-1.2.3.1.3 Where secondary roadways cannot be provided, coordinate and combine access points to limit site entry along major roadways. The proposed development provides an access to the adjacent development. Page 3 Bill Parsons; City of Meridian December 2, 2011 C-1.2.3.1.4 Multiple-site and large-scale developments should limit ingress/egress points and establish an internal circulation pattern. The proposed development is designed to provide efficient internal circulation through drive aisles that circulate within the site. C-1.2.3.1.5 Use shared access points, secondary roadways, or internal circulation to access corner sites. A shared access, access to secondary roadways, and internal circulation are utilized in the design of the proposed development. C-1.2.3.2 Provide pedestrian and vehicular connections that link adjacent uses and circulation patterns, including buildings, public spaces, parking areas, roadways, sidewalks, and pathways. Pedestrian paths are provided to link the adjacent uses with the proposed development and neighboring developments. C-1.2.3.2.1 Where possible, coordinate and align ingress/egress points, cross access, and internal circulation patterns to provide vehicular connectivity. Internal circulation is promoted through a drive that follows the exterior of the development as well as connects to multiple accesses. C-1.2.3.2.2 Unrestricted access points and roadways used for site entry should align across primary roadways to form controlled intersections. Coordinate intersections with the transportation authority as appropriate. Intersections are being coordinated with the transportation authority. C-1.2.3.2.3 Multiple pedestrian routes should converge on public and open spaces, such as transit facilities, courtyards, plazas, building entries, and other site amenities. Multiple pedestrian routes are designed to converge on the building entry. C-1.2.3.3 Establish internal site circulation as an interconnected network of walkways, pathways, roadways, and enhanced drive aisles that promote pedestrian and vehicular mobility within the development and connections to adjacent uses. Internal site circulation is promoted through pedestrian paths that cross the site as well as internal drives that facilitate circulation within the development. C-1.2.3.4 Plan for access and connectivity to future transit facilities, including, but not limited to, park-and-ride locations, pullouts, stops, and shelters. The proposed development has wide drive aisles that could accommodate integration of future transit systems. Also, the pedestrian pathways through the proposed development facilitate transit access and connectivity. C-1.2.3.4.1 Coordinate with the appropriate agencies and organizations to ensure the successful integration of transit facilities and the necessary infrastructure as integrated elements of the development. The proposed development is being coordinated with ACRD to ensure compliance with long-range plans and current levels of service. C-1.2.3.4.2 Provide adequate pedestrian connections from public spaces, building entries, and parking areas that allow convenient, direct access to transit facilities. Page 4 Bill Parsons; City of Meridian December 2, 2011 Pedestrian pathways are provided on site to promote connectivity with transit facilities. 1.3 Orientation and Layout C-1.3.2.1 Locate buildings to establish an appropriate development character that enhances the compatibility and attractiveness of the site, buildings, and surrounding uses. The building has been oriented to establish an appropriate development character that enhances the compatibility and attractiveness of the site, buildings, and surrounding uses. C-1.3.2.1.1 Bring buildings up close to roadways to establish a street presence and orient primary building facades toward roadways and public spaces to accommodate and encourage pedestrian activity. N/A due to large-scale building. C-1.3.2.1.2 Limit the distance from buildings to roadways and the distance between buildings, including the depth and width of parking areas, to maintain interconnectivity and convenient walking distances for pedestrians. The proposed outlot buildings are closely connected to make walking convenient. Pedestrian pathways cross the proposed development to facilitate interconnectivity. C-1.3.2.1.3 Large-scale and multibuilding developments may place buildings away from roadways if a minimum of 40 percent of the buildable frontage is occupied by building facades and/or public space that establish an aesthetically consistent street presence. Proposed outlots will provide an aesthetically consistent street presence. C-1.3.2.1.4 Use buildings that incorporate articulated facades and architectural elements to anchor site corners at intersections. Development of site corners not proposed at this time. C-1.3.2.2 Provide clearly defined building entries and connect them to roadways, pedestrian walkways, public spaces, transit facilities, parking, and adjacent uses. Pedestrian pathways connect to the building entry and cross the site to promote interconnectivity with public spaces, transit facilities, parking and adjacent uses. C-1.3.2.2.1 Primary building entries should face roadways, pedestrian environments, or adjacent public space. Secondary and alternative entries may access buildings from parking areas. N/A due to large-scale building. C-1.3.2.2.2 Large-scale buildings should provide entrances on at least two different building facades with one entrance oriented toward a roadway or accessible public space. The proposed development provides two entrances to two different facades, one of which faces roadway. C-1.3.2.3 Strategically locate public spaces and site amenities, such as common open space, transit facilities, plazas, and other appropriate spaces, that encourage and support pedestrian activity. Public spaces and site amenities, such as common open space, transit facilities, plazas, and other appropriate spaces are not a part of this development due the scale of development. Page 5 Bill Parsons; City of Meridian. December 2, 2011 C-1.3.2.3.1 Organize buildings around public space and site amenities to establish destinations that encourage pedestrian activity and mobility within developments. Public spaces and site amenities are not a part of this development due the scale of development. C-1.3.2.3.2 Use building facades, enhanced streetscapes, or other appropriate enhancements to frame public spaces and site amenities to create a sense of enclosure and delineate space for the intended activities. Public spaces and site amenities are not a part of this development due the scale of development. C-1.3.2.3.3 Orient public spaces and site amenities toward roadways adjacent to building entries, pedestrian environments, and streetscapes or as separations between parking areas. Public spaces and site amenities are not a part of this development due the scale of development. C-1.3.2.3.4 Spaces designed for courtyards, outdoor seating, dining areas, or other such spaces should coordinate with building orientations and circulation patterns to maximize adjacency to pedestrian activity. Spaces designed for courtyards, outdoor seating, dining areas, or other such spaces are not a part of this development. C-1.3.2.4 locate parking toward the interior of the site and integrate parking areas to establish an attractive built environment that provides accessibility to public spaces and buildings. Parking is located toward the interior of the site and parking is integrated with landscape islands to provide an attractive built environment that provides accessibility. C-1.3.2.4.1 Place parking areas away from site corners, primarily to the rear and/or side of buildings, and where possible, avoid expansive parking areas along roadways. Parking areas are primarily located away from the roadways and toward the interior of the site. Where parking is along roadways, landscape buffers are provided to screen. C-1.3.2.4.2 Use a parking strategy to minimize the land area devoted to vehicular parking; include, as appropriate, structured parking, on-street parking, smaller, integrated parking areas, and/or shared parking as alternatives to general surface parking. The parking is designed to minimize land area devoted to vehicular parking by providing the minimal amount of parking per City of Meridian and developer standards. C-1.3.2.4.3 Distribute parking into smaller areas around, between, and behind structures to shorten the distance to buildings, pedestrian walkways, public spaces, site amenities, and roadways. Parking is distributed between landscape planters and internal site drives to shorten the distance to the building and outlots. C-1.3.2.6 Locate site services, building utilities, and mechanical equipment to enhance the attractiveness of the built environment and minimize impacts on adjacent uses. Site services, building utilities, and mechanical equipment are located behind the building in screened areas or inside the building. C-1.3.2.6.1 Place and orient service and loading areas, mechanical equipment, and utilities away from residential properties, pedestrian and public spaces, and building entrances. Page 6 Bill Parsons; City of Meridian December 2, 2011 Service and loading areas, mechanical equipment, and utilities are located behind the building in screened areas and inside the building. C-1.3.2.6.2 Where possible, place service and loading areas behind buildings and provide access from parking areas, internal circulation, and/or local roadways. Service and loading areas, mechanical equipment, and utilities are located behind the building in screened areas and inside the building with access to parking areas, internal circulation and local roadways. C-1.3.2.6.3 Coordinate the placement of freestanding site services and mechanical equipment to eliminate conflicts with vehicle and pedestrian circulation. Freestanding site services and mechanical equipment are located behind the building out of vehicle and pedestrian circulation with bollard protection. C-1.3.2.6.4 Place utility lines underground and away from planting zones whenever possible. Utility lines will be placed underground and away from planting zones where feasible. 1.4 Parking C-1.4.2.1 Parking areas should establish an appropriate circulation pattern for pedestrians and vehicles. Large-scale and multibuilding sites are encouraged to organize and design circulation patterns that resemble and function as street networks. Internal drives are provided around parking to ensure appropriate circulation. Pedestrian pathways are designed across the site to promote pedestrian circulation. C-1.4.2.1.1 Coordinate vehicular and pedestrian circulation patterns to delineate pedestrian walkways and adjoining public spaces. Vehicle circulation patterns are delineated with striping and directional signage. Pedestrian walkways are designated with striping. C-1.4.2.1.2 Provide pedestrian connections from internal circulation to public spaces and adjacent roadways. Pedestrian paths are designed to provide connection to public spaces, adjacent roadways and adjacent uses. C-1.4.2.2 Design surface parking as an integrated and attractive element of the built environment that promotes pedestrian comfort and safety and adds to the aesthetic character of developments, in addition to accommodating vehicular uses. Surface parking is designed with landscape islands to decrease cross space driving and increase safety and aesthetic value. C-1.4.2.2.1 Break up parking areas into smaller, separated modules and arrange parking to minimize large impervious paving areas. Use pedestrian circulation, landscaping, and/or public space to separate parking areas. Pedestrian pathways, landscaping and internal drives are provided to separate parking areas and decrease impervious paving areas. C-1.4.2.2.2 Reduce the depth of parking areas and limit parking between building facades and roadways to 50 percent or less of the total required parking for the site to encourage compact developments. Page 7 Bill Parsons; City of Meridian December 2, 2011 The majority of the parking is located in the interior of the site between the building and proposed outlots. When outlots are developed and landscape mature, the site will be aesthetically pleasing and more compact. C-1.4.2.2.3 The design and layout of internal site parking should avoid long, unbroken parking bays. Divide parking bay lengths with crossing travel lanes at approximately 300-foot intervals. Long, unbroken parking bays are avoided by providing internal landscape islands, landscaped pedestrian pathways, and internal circulation drives. C-1.4.2.2.4 Use trees, landscaping, hardscapes, and architectural elements to provide shade, create interest and human scale for pedestrians, and add aesthetic qualities to parking areas. Landscaping with trees along pedestrian pathways and in parking landscape islands provide shade, create interest and human scale, and add aesthetic qualities. C-1.4.2.2.5 Shade pedestrian walkways and parking, including stalls and drive aisles, with the appropriate type and class of trees and arrange tree plantings in configurations that will provide shade for at least 50 percent of parking surfaces at mature growth. The landscape plan has been designed with the appropriate classes of trees for the parking lot. Tree plantings and numbers have been arranged to achieve significant shading on the site at mature growth. C-1.4.2.2.6 Screen parking with berms, landscaping, walls, architectural elements, or a combination to produce an appropriate buffer adjacent to public spaces, or along roadways and pedestrian walkways. Parking will be screened with landscaping to produce an appropriate buffer to public spaces, roadways, pedestrian walkways and adjacent uses. C-1.4.2.2.7 Distribute and integrate appropriately scaled lighting to provide safe and adequately illuminated environments for vehicular and pedestrian use. Appropriately scaled lighting provides safe and adequately illuminated environments for vehicular and pedestrian use, while not significantly infringing upon adjacent uses. C-1.4.2.3 Where appropriate, incorporate and arrange on-street parking to produce traffic calming effects for adjacent pedestrian environments and roadways. On-street parking is not an option as a part of this development due to existing classification of McMillan & Ten Mile Roads. C-1.4.2.3.1 Coordinate the use of on-street parking, including the design and location, with the transportation authority. On-street parking is not an option as a part of this development due to existing classification of McMillan & Ten Mile Roads. C-1.4.2.3.2 Internal roadways are encouraged to use on-street parking that is integrated with streetscapes, parkways, and pedestrian walkways. Internal roadways were not used in the design of the proposed development to avoid traffic issues and to increase internal circulation. Page 8 Bi II Parsons; City of Meridian December 2, 2011 C-1.4.2.3.3 Where on-street parking is provided or where vehicles are circulation is directed in front of building entries, integrate traffic calming strategies and techniques, such as landscape islands, bulb-outs, and detailed crosswalks, to increase safety and enhance the development character. On-street parking is not an option as a part of this development due to existing classification of McMillan & Ten Mile Roads. C-1.4.2.4 Structured parking facilities are encouraged and should be designed to coordinate vehicular ingress/egress and screen parking levels adjacent to roadways and public spaces. Use the appropriate architectural guidelines in the Design Manual under sections B and C, as appropriate, to design parking structure facades. Structured parking will not be used as part of this development. 1.5 Public & Open Space C-1.5.3.1 Design public and open spaces as destinations within individual developments and mixed-use areas that provide places for recreation, social gathering, and other pedestrian activities. Due to the size and nature of this development public and open spaces were not included. Pedestrian pathways connecting adjacent uses are included to encourage interconnectivity. C-1.5.3.1.1 Provide appropriate types and sizes of public and open spaces, including development amenities, that are proportional to the proposed use and intensity of development. N/A -See above. C-1.5.3.1.2 Clearly delineate the edges of public spaces. Use building facades, materials, architectural features, landscaping, or other appropriate means to define the edges of the space. N/A -See above. C-1.5.3.1.3 Where appropriate, place public and open spaces adjacent or in close proximity to transit facilities, building entries, roadways, pedestrian walkways, and other public spaces, and provide pedestrian connections. N/A -See above. C-1.5.3.1.4 Design public spaces to provide visual interest that enhances development character and complements adjacent building designs. N/A -See above. C-1.5.3.1.5 Where appropriate, use public and open spaces as transitions between land uses to promote community connectivity and compatibility among land uses. N/A -See above. C-1.5.3.2 Incorporate pedestrian-oriented amenities that promote various active and passive uses within public and open spaces. Pedestrian amenities include, but not are not limited to, furnishings, hardscapes, landscaping, artwork, lighting, water-features, and decorative details. N/A -See above. C-1.5.3.2.1 Use decorative pavers or other materials suitable for hardscapes that endure well and add texture, color, pattern, and decoration to public spaces. Page 9 Bill Parsons; City of Meridian December 2, 2011 N1A -See above. C-1.5.3.2.2 Incorporate plantings, trees, and other plant materials to add vertical texture and variety to public spaces. Where appropriate, coordinate streetscapes and/or landscaping to maintain a consistent look along roadways. N/A -See above. C-1.5.3.2.3 Provide adequate seating that reflects the nature of the intended activities. Use fixed seating, such as benches, low walls, steps, and planter or fountain edges, and/or movable seating like tables and chairs. N/A -See above. C-1.5.3.2.4 Introduce public art as an integral part of the public realm. As appropriate, incorporate artwork as an integrated component of the building design or as a feature or element of the public space. N/A -See above. C-1.5,3.2.5 Include decorative details and elements, such as banners, flags, signs, and planters, which visually enhance the attractiveness and character of the space with additional layers of color and texture. N/A -See above. C-1.5.3.2.6 Where appropriate, provide pedestrian-scaled light fixtures that provide adequate lighting levels to support the intended activities within public and open spaces. N/A -See above. C-1.5.3.3 Public and open spaces should maintain pedestrian and user safety and provide secure environments that avoid dead areas, hidden corners, dark areas, and unusable space. N/A -See above. 1.6 Landscaping C-1.6.2.1 Use an organizational strategy for landscape plantings to promote aesthetic compositions that enhance development character. Avoid indifferent and unsubstantial plantings, particularly along narrow buffers and setbacks. The landscape plan has been designed with ornamental grasses along the main entry to the site which wil I provide a strong viewing corridor. The buffer along the south perimeter of the site is proposed to have substantial plantings with combinations of evergreen trees, deciduous trees, as well as shrubs and groundcover. This will provide a dense plant screen. C-1.6.2.1.1. Use formal planting arrangements, such as regular and linear intervals and geometric patterns, for streetscapes, parkways, public spaces, parks, plazas, and squares. Parking lot planters within the site have been designed with trees and shrubs in triangular spacing to provide a formal appearance as well as full coverage within the planting beds. The long entry planters have been planted with trees, shrubs, and ornamental grasses in a linear fashion to achieve a formal appearance. C-1.6.2.1.2 Use informal planting arrangements, such as irregular intervals, random patterns, and groupings, to create additional interest and focal elements or to produce a natural setting along roadways, pathways, and within public spaces. Page 10 Bill Parsons; City of Meridian December 2, 2011 The buffers along property lines have been designed with trees, shrubs, and groundcover in an irregular, informal planting scheme to achieve a more natural, native appearance. C-1.6.2.2 Integrate landscaping as appropriate to establish a consistent appearance and aesthetic character for transitional developments. The landscaping throughout the site has been designed to provide a consistent appearance as well as meeting design guidelines and standards. C-1.6.2.2.1 Use appropriate classes of trees for urban environments and streetscapes. Consider height and canopy diameter at mature growth for spacing and aesthetics as well as watering requirements, maintenance, and soil conditions before selecting species. The landscape plan has been designed with the use of appropriate tree classes for trees in urban environments. The tree class has been indicated on the plant schedule for reference. C-1.6.2.2.2 Landscaping should encourage the appropriate and attractive use of xeric, drought-tolerant plant species and non-plant materials to reduce maintenance and water consumption. Where applicable, the proposed plant material is drought tolerant. The irrigation system for the site will implement extensive drip zones in an effort to reduce water consumption. C-1.6.2.2.3 Incorporate various plants and non-vegetative materials that provide groundcover and add interest and texture to landscaping compositions. Avoid the extensive use of turf and lawn as groundcover. The landscape has been designed with both vegetative ground cover as well as rock mulch which will provide visual interest and contrast. C-1.6.2.2.4 Use planters and planting arrangements that feature seasonal plants, flowers, and ornamental trees to provide accents and focal points. Several areas of the site have been designed with ornamental grasses and trees which will provide focal points for users. C-1.6.2.3 Where appropriate or advantageous to promote pedestrian activity, integrate streetscape profiles along roadways, primary drive aisles, building facades, and public spaces. Use the guidelines for streetscapes from Section B of the Design Manual. The street frontage portions of the site have been designed with linear rows of street trees and sod lawn in order to achieve a streetscape profile. C-1.6.2.4 Where possible, development should coordinate landscaping with adjacent properties to establish the use of similar elements that produce a complementary character along roadways, buffers, and public space. N/A - no existing adjacent development. 2.0 Architectural Character 2.1 Cohesive Design C-2.1.3.1. Building design should appropriately address building scale, mass, and form, and the use of materials, architectural elements, and details to ensure a compatible and aesthetic contribution to the urban environment. Page 11 Bill Parsons; City of Meridian December 2, 2011 The proposed building design appropriately addresses the principles by providing a pedestrian scale through reducing the height at the main vestibules, windows at the pedestrian level, a clearly identifiable building base, and design elements such as alcoves and awnings. The primary exterior finish materials are stone veneer, split face concrete masonry units, and synthetic stucco (EIFS). The overall color palette consists of warm earthtones. Cornices, arched openings, cornices, and materials were designed and selected to relate to architecture in the area. C-2.1.3.2. Use fundamental design principles, including, but not limited to, composition, order, balance, rhythm, repetition, proportion, and scale to create a unified building design. The proposed design effectively uses fundamental design principles listed above to create a unified and visually aesthetic building design. The elevations have been designed to establish a clear hierarchy that is balanced, creates a variety of scales, and reads as a cohesive building design. C-2.1.3.3. Design building facades that express architectural character and incorporate the use of design principles to unify developments and buildings, and relate to adjacent and surrounding uses. The building has been designed to express a unifying architectural theme that relates to adjacent and surrounding uses. The architecture features cornices, stone veneer, a warm earthtone color palette, and arched openings. These elements, materials, and colors are common in the area-specifically the adjacent BridgeTower Marketplace development. C-2.1.3.3.1. Design all appropriate sides of buildings, including facades that face public roadways, public spaces, other buildings, interior site elements, and adjacent uses, to unify a consistent building design and appearance with the consistent use of materials, elements, and color. All appropriate sides of the building have been designed to provide a consistent building design. Particular attention has been paid to more visible sides of the building. Stepping parapets, raised surface areas, and the use of a variety of colors and materials on all facades provide visual interest along each building facade. Stone features and ornamental fencing enhance the building on both East and North elevations as it defines the garden center. C-2.1.3.4. Building design should enhance public and opens spaces, articulate aesthetic character, and provide human and pedestrian scale. Emphasis is placed on the front (East Elevation) as this is where the pedestrian interacts with the store. Here, careful massing at the entrances, amenities, arch walls and windows provide apedestrian-scale. The hardscape in front of the store becomes an active, inviting public space for customers which incorporates benches and bicycle parking. C-2.1.3.4.1. Design buildings to enhance the attractiveness and appeal of developments, define public and open space, establish community identity, and promote pedestrian environments. The building has been designed to provide an active, clearly defined public space in front of the store that establishes community identity. The design of the building relates to neighboring architecture, and serves to reinforce the architectural theme present in the area. C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the building design. The front of the store features amenities, benches, variation in materials and depths, alcoves and carefully designed massing to provide a pedestrian scale. C-2.1.3.5. Use building design and architecture to promote mixed-use and denser developments as aesthetically pleasing developments throughout the community. Page 12 Bill Parsons; City of Meridian December 2, 2011 The site features (4) out-lots that are likely to become additional retail, restaurants, and services. Additionally, the building itself is likely to have multiple uses including retail, services, banking, and a restaurant. C-2.1.3.5.1. Building designs are encouraged to use vertically integrated structures and/or horizontal mixed-use forms to create compact developments. The building is designed to have tenant spaces at the front of the store that will establish the store as a mixed-use form. Potential tenants could include retail, services, restaurant, and banking. 2.2 Building Scale C-2.2.2.1. Proposed developments should use proportion and scale to design buildings compatible in height, mass, and form with an appropriate transitional built environment. The average height of the proposed store is 24'-0", which is compatible in height to the adjacent BridgeTower Marketplace development, and other development in the area. C-2.2.2.1.1. Infill, greenfield, and redevelopment proposals should coordinate the placement, orientation, and design of buildings to mitigate and avoid the visual appearance of buildings that present an overwhelming form, mass, and scale. N/A C-2.2.2.1.2. Large-scale and multi-building developments are encouraged to produce innovative and creative designs that visually reduce the mass, size, and box form to promote an aesthetic appearance on appropriate facades. The proposed building uses creative massing, architectural elements, and materials to reduce the mass, size, and box form of the building. C-2.2.2_.1.3. Where possible, group or incorporate smaller uses along facades that introduce modulation and create pedestrian environments that break up massing of large-scale buildings. The front of the Walmart store is likely to have non-Walmart tenants of varying uses. Here the facade is articulated with windows, alcoves, and massing to break up the length which reduces the appearance of a singular-use large scale building. C-2.2.2.2. Design and configure buildings to reduce overwhelming and disproportioned architectural scale to establish appropriate relationships to adjacent roadways and uses. The South facade incorporates a Pharmacy drive through which is composed of cornices, awnings and raised arch features to give the building an appropriate architectural scale from West McMillan Road. The North facade, which is adjacent to an undeveloped area zoned for mixed use, is broken up by the Garden Center fencing elements and retractable sidewall system along with the Auto Center's incorporation of windows and awnings. The East elevation facing North Ten Mile Road features clearly identifiable vestibules, pedestrian scale amenities and building design elements, and a clear hierarchy established through the use of cornices, massing, and colors and materials. C-2.2.2.2.1. Development should consider the scale of surrounding buildings, including relationships to residential areas, as well as an appropriate scale for a transitional built environment. The scale of the building is proportionate in scale to the neighboring BridgeTower Marketplace development. It has been designed to have an average height of 24'-0". Page 13 Bill Parsons; City of Meridian December 2, 2011 C-2.2.2.2.2. Use variation in building form and proximity to other buildings, including, but not limited to, step- backs, similar roof f orms, and building height, to ensure building elements are compatible and/or transition to adjacent uses. Variation and compatible elements to adjacent uses in the building form have been achieved through wall height changes, cornice detailing, material changes along highly visible elevations, and banding. C-2.2.2.2.3. Where appropriate, establish a hierarchy of building scales that transition from intense to less intense uses, maintain relationships between stages, and provide opportunities to create distinctive areas and "districts." Through massing, materials, color, and strategically positioned design elements the building establishes a clearly identifiable hierarchy of building scales. C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are encouraged to develop a minimum two-story design character. The proposed design is not in proximity of an urban area, and is setback from N. Ten Mile Road and West McMillan Road. Additionally, the proposed use is a single-story retail store. C-2.2.2.3. Incorporate human scale on appropriate building facades to support an aesthetic architectural character that contributes to the quality of the building design, adjacent buildings, and public spaces. A human scale has been established on facades in which pedestrians will interact with the building, primarily along the East Elevation. Other features such as arch walls with lower heights, decorative cornices, and windows serve to reduce the scale of the building. C-2.2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion, materials, and detailing throughout the facade and building design. Human scale is emphasized on the East Elevation through the use of windows, alcoves, architectural elements, materials, proportion, and detailing. C-2.2.2.3.2. Human scale is required at the ground or street level at building entries, along roadways, and adjacent to pedestrian environments and public spaces. Portions of the building where people interact with the building have been carefully designed through the use of colors, materials, architectural details, and amenities to establish ahuman-scaled architecture. 2.3 Building Form C-2.3.2.1. Articulate building forms, including, but not limited to, massing, walls, and roofs, with appropriately scaled modulations that contribute to the development of visually aesthetic building designs. Articulations in the building form will include wall height variation, material changes, cornice detailing, fenestration, and alcoves that will contribute to a visually aesthetic building design. C-2.3.2.1.1. Building facades that face roadways, public spaces, and pedestrian environments should incorporate facade modulations, including, but not limited to, appropriately proportioned projections, recesses, and step-backs that articulate wall planes and break up building masses. The South elevation facing West McMillian Road is articulated with projections of the arch walls and awnings; while the main facade on the East side of the building incorporates projections of entry vestibules, and material changes that successfully articulate wall planes and break up building masses. Page 14 Bill Parsons; City of Meridian December 2, 2011 C-2.3.2.1.2. Design parking structures as integrated buildings that are compatible with surrounding uses and contribute to the urban form. N/A C-2.3.2.1.3. Parking structures should incorporate modulations, architectural elements, details, materials, and finishes that unify the structure with a coherent building design and character on all appropriate facades. N/A C-2.3.2.2. Incorporate visual and physical distinctions in the building design that enhance building forms, articulate facades, identify entries, and integrate human scale. The proposed design uses variation in materials, variation in form and massing, pronounced entry vestibules, and architectural features such as awnings, arches, pilasters, and windows to create a human scale. C-2.3.2.2.1. Use divisions, fenestration, architectural elements, details, accent materials, and human scale to articulate building facades which relate to adjacent roadways and uses. A human scale is established at both entrances along the East elevation through the use of glazing, wall heights, and material accents. The North elevation is broken up by the projections of the Garden Center and Auto Center with the use of material accents along the facade. The South elevation is broken up through the use of a variety of materials, awnings, and raised arch walls. C-2.3.2.2.2. Where building designs incorporate multiple stories, or equivalent building heights, design upper stories to complement lower stories and create a cohesive building design. N/A C-2.3.2.2.3. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated elements of facade compositions, provide visual interest and complexity to the building design, and emphasize the structure or feature architectural elements. The building design uses both horizontal and vertical divisions in wall planes to provide visual interest and complexity to the building design. The design has a clearly identifiable base, with vertical separation created through the use of stucco wall planes with varying parapet heights. C-2.3.2.2.4. Design lower stories to visually anchor buildings to the ground or street and appropriately integrate architectural elements and details that emphasize pedestrian scale. The material articulation along the East elevation that includes the two entrances integrates such architectural elements and details as alcoves, an arched entry, and accent materials to reinforce the pedestrian scale. C-2.3.2.2.5. Design the uppermost story or facade wall planes to complete the building design. Use articulation, architectural elements, materials, and details to emphasize the termination of walls, roof planes, or rooftop elements. The termination of walls, roof planes, and rooftop elements are emphasized through the use of varying parapet heights and decorative cornices. C-2.3.2.2.6. Building designs within designated areas of the Ten Mile Specific Area Plan are encouraged to use the "base," "body," "top" concept to integrate horizontal and vertical divisions. Page 15 Bill Parsons; City of Meridian December 2, 2011 The building features a clear base middle and top concept through the use of horizontal and vertical separation of wall planes through the use of material changes, color variation, and massing. C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- or street-level with adjacent roadways, public spaces, and pedestrian environments. Multistory buildings should provide more transparency at ground- or street-level than upper stories. The proposed building design establishes visual connections with the public spaces and pedestrian environments through the use of glass entrance doors at the store entrances. C-2.3.2.3.1. Use architectural elements, such as doors and windows, details, and materials to articulate building facades that face roadways, or are adjacent to public spaces and pedestrian environments to establish a transparent relationship between active indoor and outdoor spaces. A transparent relationship between active indoor and outdoor spaces is achieved with the glazing in the entry vestibules on the East facade. C-2.3.2.3.2. Facades at ground level should average 40 percent transparency along roadways and adjacent to public spaces. The front facade has large glass entrance doors at both vestibules. There are also (8) windows adjacent to the entrances. Transparency occurs in the design where the pedestrian directly interacts with the building, and where store operations permit. C-2.3.2.4. Building designs should provide proportionally taller ground-level facades to accommodate various uses adjacent to pedestrian environments, roadways, and public spaces where appropriate along an urban edge or as part of a development transition. Provide floor-to-ceiling heights, or floor-to-floor for multistory buildings, from 12 to 18 feet. The proposed building does not sit along an urban edge and is a single-story building. The main facade on the East side of the store reflects a scale that is appropriate for the pedestrian activity. C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building profiles and contribute to the architectural identity of buildings without imposing overwhelming scale on adjacent uses. The proposed building profile is at a scale that is not overwhelming in scale against adjacent uses. The site is bordered on two sides by existing street access while the area west of the site has a proposed street plan. The building scale is appropriate for its north adjacency which is an undeveloped Mixed Use zone. The design features varying parapet heights, with decorative cornices. Cornice types vary depending upon their height-cornices are most pronounced over the main entrances. C-2.3.2.5.1. Building designs should incorporate appropriate roof forms with primary and secondary roof elements that complement the building form and facade designs and help reduce the appearance of building mass and scale. Such design elements as varying roof height, material change, and decorative cornices help reduce the appearance of building mass while still maintaining a strong building form and level of facade design. C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof elements, including, but not limited to, parapets, dormers, overhangs, and eaves, architectural detailing, and cornice work. The proposed building will include a varying roofline, parapets, decorative cornices, and metal .architectural coping. 2.4 Architectural Elements Page 16 Bill Parsons; City of Meridian December 2, 2011 C-2.4.2.1. Use architectural elements and detailing, including, but not limited to, fenestration patterns, awnings, canopies, balconies, entries, materials, and decorative or ornamental detailing, to articulate facades and contribute to an aesthetic building character. The proposed building facades will include awnings, alcoves, fenestration patterns, and accent material arch walls to create an aesthetically pleasing building character. C-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing, materials, textures, and colors that appropriately integrate these elements with the building design. The proposed building design is articulated through the use of variation in massing, vertical and horizontal separation of plane through the use of material and color changes, variation in parapet height, and materials that are highly textural. C-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the building design. Human scale that uses a high level of design and detailing is required at ground or street level adjacent to roadways, pedestrian environments, and public spaces. The scale. of the building is brought down to the human scale through material changes at a pedestrian level, detailed cornices, variation of roof heights, alcove openings, windows, lighting, and site amenities. C-2.4.2.1.3. Where appropriate, provide building overhangs or other similar features, such as canopies and awnings, that offer temporary relief from inclement weather along portions of facades that adjoin pedestrian environments. The building vestibules feature arched openings with recessed entrances to protect customers from inclement weather. The Pharmacy drive-thru uses awnings to protect drivers from weather. C-2.4.2.1.4. Integrate strategically located elements as focal points in building designs. Focal elements should be proportional to the building scale and emphasize building corners, entries, adjacent public spaces, and other such features to establish development or building identity. Focal points in the proposed building design include arched alcoves and decorative cornices at the entries, accent materials wrapping corners, and a unique signage wall with the retailer's logo to create a sense of identity. C-2.4.2.2. Building designs should not create blank wall segments along roadways or adjacent to public space. Use architectural elements and detailing in combination with color palettes, textural changes, and material combinations to mitigate the stark appearance of blank walls. Landscaping techniques may also be considered. The proposed building incorporates a rich color palette, horizontal banding, decorative cornices, and wall projections to mitigate the appearance of blank wal Is. C-2.4.2.3.Organize and locate building service equipment, including, but not limited to, mechanical units, flutes, and vents, away from building entries, roadways, public spaces, and where possible from adjacent buildings. All mechanical units for the building will be rooftop mounted and screened by parapet walls accordingly. Any other service equipment located on the ground will be located at the rear of the store and will be screened by 10'-0" concrete masonry walls. C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately conceal service equipment and areas. All service equipment and areas shall either be screened by building wall parapets or masonry screen walls. Page 17 Bill Parsons; City of Meridian December 2, 2011 C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum height of the equipment on all sides and integrate with the building design and site layout. All ground level service equipment shall be screened from pedestrian and vehicular view by either the building or masonry screen walls to a minimum height of the equipment. C-2.4.2.3.3. Screen service and building equipment that is attached or on top of structures from public view. Use pedestrian lines of sight from the farthest edge of the adjoining right-of-way to determine the height and effectiveness of screening. All rooftop equipment will be screened by wall parapets that have been designed around the pedestrian lines of site from the farthest edge of the adjoining right-of--way. C-2.4.2.3.4. Use screening techniques, architectural elements, and materials that are consistent with the building design and do not detract from the aesthetic appearance of the building and adequately conceal equipment. All service equipment is adequately concealed using materials and screening techniques that fully integrate with the building design. All roof top equipment is screened by building wall parapets and all ground level equipment is screened by masonry walls that seem like extensions of the building facade. 2.5 Materials C-2.5.2.1. Buildings with facades that face multiple roadways and/ or public spaces should use consistent material combinations, quality, and detailing to unify the building design. The proposed building will have a consistency in the elevations that face roadways and public spaces through the use of a warm color palette consisting of split-face cmu, synthetic stucco, and ledgestone veneer. C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design. Use materials from the following basic groups: wood, masonry, concrete, metal, and glazing. The proposed building uses split-face cmu, glazing at entry vestibules, metal awnings, and ledgestone to create a material combination that contributes to a cohesive building design. C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for lower stories and pedestrian scale at ground level. The proposed building will feature materials such as stone veneer along with other design features such as of lower roof heights around building entries to reinforce the human scale at the ground level. C-2.5.2.2.2. Concrete masonry that provides texture, interest, and detail may be appropriate for building designs; however, the use of ordinary, smooth face block, unfinished, colored, or painted, is not an acceptable finish material for building facades along roadways, adjacent to public spaces, and residential areas. The primary building material is spilt-face concrete masonry units (CMU). Smooth face CMU is not used in the design of the proposed building. C-2.5.2.2.3. Use well-detailed, proportioned, and durable materials that will weather and age gracefully, adding to the architectural character over time. Avoid non-durable materials that deteriorate quickly and require frequent maintenance or replacement. Page 18 Bill Parsons; City of Meridian December 2, 2011 The building will be composed of painted and integrally colored split-face CMU, a material that is durable and can be easily maintained. Portions of wall consist of painted synthetic stucco (EIFS), which is a water drainage exterior insulation and finish system. Stone veneer is a durable material that is used to accent the building entrances. C-2.5.2.2.4. Create interest and variety in facade design to establish attractive architectural character and human scale. Interest and variety in facade design is established with glazing at the entry vestibules, detailed alcoves adjacent to entries, and accent material wall projections. C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from accent materials. The proposed building will include glazing, masonry, and accent materials to provide pattern, texture, and detailing in the building design, while distinguishing field materials from accent materials through scale and placement. Field materials enforce the building scale and accent materials support the human scale. C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance of the material. (For example, stone or stone-like products should convey the appearance of mass and should not appear as a thin veneer.) Materials and wall treatments on the building always wrap corners and never terminate at the edge, giving the perception of mass. C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good design practices. Colors used in the building are of earth tones and help reinforce the natural aesthetics of materials such as the split- face CMU and stone veneer used in the project. C-2.5.2.4.1. The use of subtle, neutral, and natural tones for field materials should complement accent colors and materials. The use of deep earth tones or saturated colors to distinguish building facades should enhance the building design and be compatible with adjacent structures. The buildings color palette and material choice reflect a natural and neutral tone that enhances the building design. C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated hues without complementary,colors, materials, and accents, is discouraged. The building does not incorporate intensely bright and florescent colors. C-2.5.2.4.3. Materials or colors with high reflectance, such as metal or reflective glazing, should be reviewed and evaluated with the Planning staff to minimize glare on roadways, public spaces, and adjacent uses and to determine appropriateness. All materials are finished as to not be highly reflective. 2.6 Signs & Lighting C-2.6.3.1. Where appropriate, use lighting on building exteriors to promote safe pedestrian environments along roadways, at intersections, and in public spaces. Page 19 Bill Parsons; City of Meridian December 2, 2011 An appropriate use of lighting is used on the proposed building's exterior as to promote a safe pedestrian environment. At all entrances, emergency exits, and unloading/loadingsltuations sufficient lighting is provided. C-2.6.3.1.1. Coordinate lighting fixture spacing and height along streetscapes and roadways to avoid conflicts with tree plantings. Lighting fixtures spacing and height along streetscapes and roadways will be coordinated to avoid conflicts with tree plantings. C-2.6.3.1.3. The use of architectural lighting is encouraged to be energy-efficient and easily maintained, in addition to providing attractive qualities to building character and public spaces. All architectural lighting is energy efficient and limited to public spaces and instances to support the building character. C-2.6.3.1.3. Lighting fixtures used on building exteriors should be integrated with building design and coordinate with architectural elements and building entries. Lighting fixtures on the building exterior are integrated with the building design. Lighting is coordinated with entry vestibules, public spaces, and signage. C-2.6.3.2. Signs should be integrated with architectural elements and complement building designs and materials. Relate the size, shape, materials, details, and illumination to a pedestrian scale as appropriate, in addition to accommodating vehicles. The building signs are integrated as architectural elements and compliment the building design. The primary building identification wall features the main tenant wall sign, with smaller more pedestrian scale signs used as away-finding tool to blend the interior function with the exterior building design. C-2.6.3.2.1. Provide signs to identify individual storefronts, buildings, and uses along roadways, pedestrian environments, and within developments. Avoid large, single signs with multiple tenants. In addition to a tenant sign at the front of the store, are secondary signs that serve to direct customers to various departments within and around the store. C-2.6.3.2.2. Use corporate and business logos to identify developments and businesses along roadways, pedestrian environments, and adjacent to public spaces. The use of the corporate business logo is used on the main identification wall between the two entry vestibules. C-2.6.3.2.3. Use appropriately scaled signs that incorporate logos, minimize or eliminate the use of large amounts of text, and are compatible with the architectural character and design of the building. Wall signage used is simple and to the point, calling out "Market" for the grocery side of the store, "Home & Pharmacy" for general merchandise, "Outdoor Living" for the garden center, "Pharmacy Drive-Thru" for the Pharmacy, and "Auto Center" for the auto service area. C-2.6.3.2.4. Where buildings are brought up close to roadways, pedestrian environments, and public spaces, use appropriate urban sign types that address pedestrian sight lines in addition to vehicular traffic. Appropriate signage will be used to address pedestrian sight lines in addition to vehicular traffic. signage along the East facade will help denote between the grocery and general merchandise sides of the store and the entrance to the Page 20 Bill Parsons; City of Meridian December 2, 2011 garden center. The North facade signage acts as way finding to the Auto Center shop from the adjacent parking lot. The South facade signage acts as a way of finding the drive through for the Pharmacy. C-2.6.3.2.5. Decorative flags and banners should promote the identity of place and enhance the character and attractiveness of buildings and public spaces rather than advertise. Decorative flags and banners will not be used. A flagpole at the front of the store will be provided for the flying of an American flag, giving identity to place and enhancing the character of the building. mrgrbpmm0l ah 30001024 I~~~~ - Planning Department ~ISTRATIVE REVIEW APPLICATION 1 ----. ;, ,~ ~ ~=~. Type of Review Requested (check all that apply) '.' ^ Accessory Use ` ^ Alternative Compliance 8 Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification 8 Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY:.. File number(s): l,~ L ~-- ~ /~ ~- ~ ~ ~. ~ ~ Des- l! - 03~~ - Projectname: ~~' ~' ~~ W~~~~ Date filed: ' /2 '~ '" ~~ Date complete: Zl ~~- ~( Assigned Planner: ~~r ~~ Pa~SOvtS Related files: G~~ '' U $-QO ,~' ~ f p~ =4~'t Applicant Information Applicant name: Walmart Real Estate Business Trust Phone: 479-273-4505 Applicant address: 2001 S.E. 10th Street, Bentonville, AR Zip: 72712-6489 E-mail: ntaylor@pacland.com Applicant's interest in property: 8 Own ^ Rent ^ Optioned ^ Other Owner name: Walmart Real Estate Business Trust Owner address: 2001 S.E. 10th Street, Bentonville, AR Phone:479-273-4505 Fax: Zip: 72712-6489 E-mail: ntaylor@pacland.com Agent name (e.g., architect, engineer, developer, representative): (See list Of representatives attached) Firm name: Address: Phone: Fax: Zip: E-mail: Primary contact is: ^ Applicant ^ Owner 8 Agent ^ Other Contact name: Nick Taylor - PACLAND -Olympia Phone: 360-786-9500 Fax: 360-786-5267 Contact address: 606 Columbia Street NW, Suite 106, Olympia, WA Zip: 98501 E-mail: ntaylor@pacland.com Subject Property Information Location/street address: 5001 North Ten Mile Road, Meridian, Idaho Assessor's parcel number(s): SO427449820 Township, range, section: S27 T4N R1 W Current land use: General Commercial Total acreage: 26.16 Current zoning district: C-G ~e 1 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: Walmart General description of proposed project/request: Certificate of ZOning COmpllance Proposed zoning district(s) C-G General Retail and Service Commercial Zone Acres of each zone proposed: 26.16 acres Type of use proposed (check all that apply): ^ Residential B Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? Settler's I rrigation DIStrICt Primary irrigation source: City of Meridian Water Secondary: N/A S uare foota a of landsca ed areas to be irri ated ~f rim or second oint of connection is Ci water : Approx. 130,000 SF q g P g (~ P azY azY P tY ) Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DUlacre-total land): Percentage of open space provided: Percentage of useable open space: Net density (DUlacre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Mulli-family Non-residential Project Summary (if applicable) Number of building lots: 5 Other lots: N/A 169,153* Gross floor area proposed: Existing (if applicable): N/A Hours of operation (days and hours): Sun-Sat 24 Hours Percentage of site/project devoted to the following: Building height: 31'-4" Landscaping: 35%* Building: 15%* Paving: 50%* Total number of employees: 275** Maximum number of employees at any one time: 175** Number and ages of students/children (if applicable): Nip` Seating capacity: N/A Total number of parking spaces provided: 627** Number of compact spaces provided: 5** *Includes assumptions for proposed outlots. **DOes not include proposed outlots. Authorization Print applicant name: Z) -, / ~_ ~ Applicant signature: --~ I Date: _ ~~ ~ I 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 REPRESENTATIVES PACLAND Nick Taylor, PE, LEED AP (Project Manager) 360-786-9500, ext 1226 360-786-5267 (fax) 253-370-2394 (cell) ntaylor ~acland.com BBR Architecture, Inc. Shad Vermeesch, AIA (Vice President) 2400 E. Arizona Biltmore Circle, Suite 1360 Phoenix, AZ 85016 602-955-9095 602-955-9096 (fax) Spink Butler, LLP JoAnn C. Butler 251 E. Front Street, Suite 200 Boise, ID 83702 208-388-1093 (direct) 208-388-1001 (fax) j butler(a~spinkbutler.com ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 09/08110 12:16PM DEPUTYBonniaB.Oberbillig Illll~~lp'~~I~pI~NIpp~Illllppplnpl'I~WIII~~ RECORDED•REOUEST OF UU YI II NN9911 IV~III' IIUU 1 TITLEONE BOISE 110083540 When recorded return to: Richard Rosenblatt, Esq. Kutak Rock LLP 1650 Famam St. Omaha, NE 68102 --SPACE ABOVE FOR RECORDER- Meridian (NW), ID Store No. 5641-00 GENERAL WARRANTY DEED FOR VALUE RECEIVED, PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company ("Grantor"), having its principal place of business at 3120 W. Belltower Drive, Suite 100, Meridian, Idaho, for Ten Dollars ($10.00) and other valuable consideration, does hereby grant and convey unto WAL-MART STORES, INC., a Delaware corporation ("Grantee', Property Tax Department #8013, Mail Stop No. 0555, 1301 S.E. 10th Street, Bentonville, AR 72716-0555, that certain real property legally described on the attached Exhibit A (the "Property"), SUBJECT TO those matters specifically set forth on Exhibit B attached hereto and made a part hereof (the "Permitted Exceptions°) and no others. TO HAVE AND TO HOLD the real estate .herein conveyed together with all rights and appurtenances to the same belonging unto the said Grantee. Grantor hereby binds itself, its successors and assigns, to warrant and forever defend all and singular the title to the real estate herein conveyed unto Grantee, its successors and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof, subject only to the Permitted Exceptions. [SIGNATURE PAGE FOLLOWS] 4839-3480-0998.1 /1 A1Ieridian 5841 - 0 Meridian General Vyarranty Deed 09/1.5/2010 02:11 1.1 Meridian (NW), ID Store No. 5647-00 Executed this t~ day of Turt~ , 2010. PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company By`,-~'~,~ .J~~ Printed Name: ~u~ S•ya.ca.rzta~.E Its: M -4ta-+4G lNb Cn M criti'1 S i~~ STATE OF ~ C~~~ 1 ] SS. COUNTY OF ~~ On this ~ day of c~,C.l~ , 2010, before me, the undersigned, Notary Public in and for said State, personally appeared ~'(Lu.k- ~,~c~X~YI~~-p- ,known to me to be the _~L~of Primeland Investment Group, LLC, an Idaho limited liability company, the p sod who executed the instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. KIMBERLY WIMKLH " ~l Notary Public Notary Public fo State of Idaho Residing at: _ - My Commission Expires: Meridian 5841 - 0 Meridian General Warranty Deed 09/15/2010 02:11 1.1 EXHIBIT A LEGAL DESCRIPTION A PARCEL BEING LOCATED IN THE S %z OF THE SE Y, OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 27, FROM WHICH A 5/8 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAID SE '/4 BEARS N 88°56'28" W A DISTANCE OF 2654.67 FEET; THENCE N 88°56'28" W ALONG THE SOUTHERLY BOUNDARY OF SAID SE'/, A DISTANCE OF 89.75 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 1°03'32" E A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING; THENCE N 88°56'28" W ALONG THE NORTHERLY RIGHT-OF-WAY OF W. MCMILLLAN ROAD, SAID RIGHT-OF-WAY BEING 36.00 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SE '/., A DISTANCE OF 867.21 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 44°59'59" W A DISTANCE OF 33.37 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 43.07 FEET ALONG THE ARC OF A 143.00 FOOT RADIUS NON- TANGENT CURVE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 17°15'30" AND A LONG CHORD BEARING N 2°29'54" W A DISTANCE OF 42.91 FEET TO A 5/8 {NCH DIAMETER IRON PIN; THENCE A DISTANCE OF 47.42 FEET ALONG THE ARC OF A 326.50 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 8°19'15" AND A LONG CHORD BEARING N 1°59'41" E A DISTANCE OF 47.37 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 157.10 FEET ALONG THE ARC OF A 457.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 19°41'47" AND A LONG CHORD BEARING N 12°00'40" W A DISTANCE OF 156.33 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE N 21°51'34" W A DISTANCE OF 81.30 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 129.20 FEET ALONG THE ARC OF A 323.00 FOOT RADIUS CURVE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 22°55'06" AND A LONG CHORD BEARING N 10°24'01" W A DISTANCE OF 128.34 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE N 1°03'32" E A DISTANCE OF 588.00 FEET TO A 5/8 INCH DIAMETER IRON PIN; 4839 3480998.1/3 Meridian 5841 - 0 Meridian General Warranty Deed 09/15/2010 02:11 1.1 THENCE A DISTANCE OF 163.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01" AND A LONG CHORD BEARING N 14°13'28" W A DISTANCE OF 161.85 FEET TO A 5!8 INCH DIAMETER IRON PIN; THENCE S 88°56'28" E A DISTANCE OF 434.84 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 69°15'21" E A DISTANCE OF 622.75 FEET TO A 5!8 INCH DIAMETER IRON PIN ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MILE RD; THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 46.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE '/4 A DISTANCE OF 867.98 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.72 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE '/. A DISTANCE OF 84.76 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-OF--WAY A DISTANCE OF 57.62 FEET TO THE POINT OF BEGINNING. 4839-3480998.1 /4 Meridian 5841 - 0 Meridian General Warranty Deed 09/15/2010 02:11 1.1 EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes, including any assessments collected therewith, for the year 2010 which are a lien not yet due and payable. 2. United States Patent recorded May 10, 1895 in Book 3 of Patents at Page 362. 3. Cooperative Construction and Reimbursement Agreement recorded June 22, 2008 as Instrument No. 108083525. 4. Record of Survey No. 8439 recorded October 14, 2008 as Instrument No. 108113849. 5. Grant of Easement recorded May 22, 2009 as Instrument No. 109059561. 6. City of Meridian Ordinance No. 09-1400 A recorded June 5, 2009 as Instrument No. 109066123. 7. The following matters disclosed by an ALTA/AGSM survey made by Clinton W. Hansen, P.L.S. #11118 with Land Solutions, Land Surveying and Consulting, PC on November 11, 2008 and revised March 10, 2010, designated Job No. 08-51: a. Ada County Highway District Storm Drain Easement as shown on the construction plans for Ten Mile and McMillan Street Improvement Project, Project No. 395-05, by Quadrant Consulting, Inc., signed and dated by Robert S. Kaufman on 07-08- 08; b. City of Meridian Utility Easement as shown on the construction plans for Ten Mile and McMillan Street improvement project, Project No. 395-05, by Quadrant Consulting, Inc., signed and dated by Robert S. Kaufman on 07-08-08; and c. 10' Utility Easement as shown on the construction plans for the Ten Mile and McMillan Street improvement project, Project No. 395-05, by Quadrant Consulting, Inc., signed and dated by Robert S. Kaufman on 07-08-08. 8. Declaration of Restrictions (Gas Restriction) recorded 09/08/2010 2010 as Instrument No. 110083 5 3 6 . 9. Reciprocal Access Easement Agreement recorded 09/08/2010, 2010, as Instrument No. 4839-34R0-4998, I!5 Meridian 5841 - 0 Meridian General Warranty Deed 09115/2010 02:11 1.1 AFFIDAVIT QF LEGAL INTEREST STATE OF ARKANSAS ) ss. COUNTY OF BENTONVILLE ) I, John Clarke, 2001 S. E. 10~' Street, Bentonville, Arkansas being first duly sworn upon oath, deposes and says: 1. That I am the Vice President Real Estate of the record owner of the property described on the attached and I grant my permission to: 1. Kutak Rock, LLP, Omaha, Building, 1650 Farnam St, Omaha, NE BRR Architecture, Inc. 68102; and/or 2400 E. Arizona Biltmore PACLAND Circle, Suite 1350, Phoenix, AZ 85016; 606 Columbia Street NW, Suite 106, Olympia, WA 98501 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 processin said application(s). Dated this ___~! day of 2011. ' t/- By larke, Vic President Real Estate SUBSCRIBED AND SWORN to before me the day and year first above written. Jane Bennett County of E3enton tary Public for rkansas Notary Public -Arkansas My Commission Exp. 03/13/2012 Residing at: My Commission Expires: - - 33 E. Broadway Avenue, Suite 210 • Moridian Idaho 83642 Phone (208) 884-5533 • Facsimile (205) 888-6854 • Webstte: www,meridiancitv.ore (Rev, 06/02/20!!) 4831-696311826.1 f J ~~rt ~~~ (/p41t rYVI~1~1~~0 ~U(.G August 15, 2011 TranspoGroup Attn: Brent Turley 172 S Academy Avenue Suite 130 Eagle, ID 83616 Subject: Northwest Meridian Retail Store Traffic Impact Study Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner The Ada County Highway District (ACRD) staff has completed a review of the submitted traffic impact study (TIS) for the proposed Northwest Meridian Retail Store development. Comments/recommendations provided by District Traffic Services and Planning Review staff are listed below: 1. There is a discrepancy between the Saturday traffic volumes shown for Ten Mile Road (Ustick/McMillan) on Figure 3 and Table 1 of the submitted study. Please revise the figure and table and resubmit the information to staff for review. 2. Based on the submitted study it appears that a traffic signal will be needed at Chinden/Ten Mile intersection to mitigate impacts of the development. However, it is unclear as to whether or not the applicant is proposing to install the signal. The applicant should clarify whether they plan to improve the Chinden/Ten Mile intersection to serve their site, or if they are proposing to wait to develop until ACRD improves the intersection in 2019 to 2027, as noted in ACHD's Capital Improvement Plan (CIP). Payment of impact fees does not constitute the full mitigation of traffic impacts as noted in the study. If the development's impacts require system improvement's sooner than planned in the CIP the applicant is responsible to construct the improvements to mitigate the impacts or wait until the improvement is constructed by ACRD. If the applicant constructs the system improvements they may be eligible for impact fee credits. 3. The TIS did not include a table or chart with the v/c ratios by lane group; as required by District Policy 7106.6 (Table 3); it only included the overall v/c ratio. The v/c ratio by lane group must be provided. 4. The study notes that a signal would be installed at the north driveway onto Ten Mile Road. Staff is not supportive of this proposal and would recommend denial of the proposed signal based on the following: Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us o A signal in this location does not meet the signalized intersection spacing requirements in ACHD's policy manual. District Policy 7205.4.2, requires signals on an arterial to be located at the 1/2 mile. o The v/c ratio for the worst movement is 0.59 with a maximum queue of three vehicles according to the submitted study. For a signal to be considered along this segment of Ten Mile Road (between Chinden and McMillan) it must be located at the half-mile. This will require redesign of the site to ensure there is adequate connectivity between the site and the half-mile roadway and coordination between the applicant and the property owner to the north. 5. ACRD recognizes that the site plan shown in Figure 9 is conceptual at this time, but the internal circulation shown on the site plan is poor, as the main drive aisle would force everyone to drive in-front of the stores creating a direct conflict with pedestrians. ACRD recommends revising the circulation to minimize the conflicts with pedestrians. Additionally, the site could benefit from increased access and circulation to and from the proposed backage road. 6. The applicant has indicated that they may not be proposing to construct the backage road show on Figure 9 of the TIS. A roadway in this location is shown on the ACRD Master Street Map (New Residential Collector) and as such, staff will recommend construction of ahalf-street in this location be required. If you have any questions, please feel free to contact me at 208-387-6178. Sincerely, Mindy Wallace Planning Review Supervisor Right-of-Way & Development Services CC: City of Meridian -Pete Freidman PacLand -Nick Taylor Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714• PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us PROJECT LOCATION W MCMILLAN RD ~ o U Y ~ww J ~ o ~ ~ U 4 m Z ~ Z ~ J Z W USTICK RD w 606 Cdumda St. N.W., SulOe 106 T (360) 786-9500 Olympia, WA 98501 F (360) 786-5267 www.P~d.wo.aoN o~ b bN ~ ~ i b (N 076'00' WJ (1NPLAi7E0 N 02@:78' E # V - - 6H.7!' - - (6ff.B1 N v ~ U N) 4~ Ny i NZ N % cM 'y£` M ~ ~£ ~a ) f~ O£ I l~ C2 ( i2 J6' qb G~Cy °jU°4 rul 8bv `Y ` I cam I IN 2~ v ~2 ~~ I~ ~~ ~b H2 ~~ F~ 0~ ~~I 2I 4 ~I `~ ~I w ~IQx .`iu O '~ ~^ V NN f I I ?; 5071 "14'W 7pp 72' ~4$ S77151`ly _ ~^ L _ r _ 4 a+ N 02/'lf' E (N 02178' ~ o~ aYaN Ny b V _m SSz5z N y 24?A+ a opSm O ~ z~ C ~.m°~ rho ~ NmP~r"~ ?u N> ~ ~~ ~, ~ a a~ ~ O UNPLA17E8 (N 703'J1' EJ as v~ N N~ °' # VA ad b HO 867.98' (s o2ri6' k7 S 071'14' W _ 1ST2.78' _ N. IfN IIN£ ROAD (oi'sz7 ~nmA~a_ AnOinOC layCz ZZ ~ mm~^T< ; ~~ Zr~ O n~Om ~r~ f1 m I O O ~O O ~CZa~s~ m z zy gA oo m o~om~z°,z ~ o A ~o io O ~ ZDa~C' TI N a .~ >ap O p ~ A oc?o~= ~ Q p ?~y N O T ~~moAm r" o' ~ ~m ~ A czii~;z~ ~ ~ °c qm m > Z y Zp rnZ~m N ~ ~ ROp A (1 Z-Z~>3 ii7 ~ p ^' ~~ T > ~ Zv.h~y _C ~ p 3E ,~ o N''>~o- O .~ ~ m AZ~~D ~ ~O m y Z ^r p A~mmp~~jt~{ <~ > ~~O m (N 076'00' WJ y N 079'J9' E 689.90' _ _ ~ (660.00) i~ I I ~~ m wq Z ~~ ~~ NN ~~ O O b q ' m ~~ z~ ~~ 2m -° ~ ~# ~z n I l 0= m r„ZZ>7 nzzr a ti e ~~~ y= Z S 049'fT" W (s os97z' w9 ~ (1 f~ N D "~ ~ zm~ (~1 ~ -~ m ITI ~, , ~N t o ~ ,,, mm r' m ~ ~ v N I }N!~ ~~! ^^ T i ~~ O, W ~~ Ib` ~ ~- O n mm D ~ ~~ ~ 0 I p - ~ v z v, Dti C ~,a Nti Z V ~ ~ m I rfaar'(rfwr7 scar n S 02!'!4' W (S 821'16' WJ ~ npp~ 1.722 l8' V N 0277)' E /7J9.88' - ' N °~' (S 02/78 WJ ~ QQ 0 ~~ b N ~SI 4 m o °e'~ ~ l i a ~ O O o '- c z z z z > o s m°° m g v C p? p pj ti < T p m N z m ~ Z ~ C ~ZZ o s ~ °z z I ~ E I~IAI'~I.~.. €~r~~ PW 100 FORM Date: 4/20/11 Ph: (208) 887-2211 Fax: (208) 887-1297 www.meridiancity.org~ The following property has been researched by The City of Meridian Public Works Department. Project Name: PROPOSED RETAIL CENTER Address: 5001 N. Ten Mile Rd. Zip Code: 83646 Parcel #: SO427449820 Note: Retail center to occupy northwest corner parcel of N. Ten Mile Rd. and W. McMillan Rd. 1) The address has been assigned based on available information. X This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Terri Ricks Land Development Services tricks@meridiancity.org ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 43.00 12 BOISEIDAH009108H0 12:18PM I~ggppI~I~ II''gg~~'~I ~Iq~III DEPUTY Bonnie 6.Oherb1010 I~~~III~QIOA181~~~~~~111101~~1~11~~~~~~~ RECORDED-REQUEST OF TITLEONE BOISE 110083841 Uoon Recordlna Retum to: Richard J. Rosenblatt, Esq. Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102-2188 Meridian ('NWj, ID Store No. 5841 RECIPROCAL ACCESS EASEMENT AGREEMENT THIS RECIPROCAL ACCESS EASEMENT AGREEMENT (this "Agreement" or this "Easement") is made and entered into this ~ day of ~y-.ie: . 2010 by and between THE BEWS FAMILY LIM{TED PARTNERSHIP, an Idaho limited partnership (together with Its successors and assigns, "Bews") end WAL-MART STORES, INC., a Delaware corporation (together with its successors and assigns, "Wai-Mart"). PRELIMINARY STATEMENTS Wal-Mart is the owner of that certain real property described to Exhibit A attached hereto and incorporated herein by reference (the "Vllal-Mart Property'; and Bews is the owner of that certain real property described in E hx ibit B attached hereto and incorporated herein by this reference (the "Bews Properly'. Wal-Mart has agreed to grant Bews certain rights of vehicular ingress and egress across and over portions of the Wal-Mart Property, and Bews has agreed to grant Wal-Mart certain rights of vehicular ingress and egress across and over portions of the Bews Properly; NOW, THEREFORE, in consideration of the preliminary statements above, and other good and valuable consideration, Wel-Mart and Bews hereby agree as follows and grant and convey the interests described below: Section 1. Bews Access Easement Area. Subject to matters of record, Bews does hereby grant to Wal-Mart, for the benefit of Wal-Mart, the Wal-Mart Property, end its successors and/or assigns, agents, licensees and invitees, a perpetual nonexclusive easement for vehicular ingress and egress across and over those portions of the Bews Property (the "Bews Access Easement Area") from time to time paved and used as driveways, drive aisles.or for similar purposes. Section 2. WaMMart Access Easement Area. Subject to matters of record, Wal-Mart does hereby grant to Hews, for the benefit of Bews, the Bews Property, and its successors andlor assigns, agents, licensees and invitees, a perpetual nonexclusive easement for vehicular ingress and egress across and over the shaded areas of the Wel-Mart Property. (the "Wai-Mart Access Easement Area") described and depicted in the attached Exhibit C. The Bews Access d84&7113-25(5.6 Easement Area and the Wal-Mart Access Easement Area are collectively referred to herein as the "Access Easement Areas" Section 3. No Duty To Construct. Nothing in this Easement shall require either party to initially pave or otherwise improve the Access Easement Area located upon its respective parcel. The easements, rights and interests created by this Easement shall not vest or become operative until such time as the Access Easement Area, or the relevant portions thereof, are paved and used as driveways, drive aisles or for similar purposes by the owner or occupant of the burdened parcel. Section 4. Relocation. Either party may relocate the Access Easement Area burdening its property from time to tlrne, provlded such relocation does not impair the rights and benefits granted hereby and provlded that the other party hereto (or the owner of such appurtenant property) consents to such relocation in writing, which consent shall not be unreasonably withheld or delayed. Section S. No Gross Parking. The parties hereby specifically disclaim any intention to create any reciprocal parking easements between the Wal-Mart Property and the Bews Property, and no such reciprocal parking easements shall exist or be created hereby. Section 6. Maintenance. Each party shall maintain, repair and replace, and keep clear of ice and snow, those portions of the Access Easement Area located upon the portion of the same owned by such party so that the same shall be and remain in good order, condition and state of repair consistent with the standards of good shopping center operation, at the sole cost of the owner of such property. Notwithstanding the foregoing, each party shall be responsible for repairing any damage caused by the use or misuse of the Access Easement Area, whereve(' located, by such party or its invitees, agents or employees. Section 7. Non-Exclusive Easements. The easements and other rights granted herein are not exclusive, and each of the parties hereby reserves unto itself and to the other present and future owners of the Access Easement Areas the right to utilize the portions of the Access Easement Areas it owns for such purposes as do not unreasonably endanger or interfere with the easements and other rights granted herein. Each of the parties shall have the right to grant such other easements, rights or privileges to such persons and/or entities and for such purposes as each party in its sole discretion may elect, so long as such purposes do not unreasonably endanger or intertere with the easements and other rights granted herein. Section B. Run With the Land. The easements and rights granted under the terms of this Agreement shall be appurtenant to and run with the Wal-Mart Property and the Bews Property, including future subdivisions and/or reconfigurations thereof, and shall be binding on all entities having or acquiring any right, title or interest in such properties and shell inure to the benefit of each owner, tenant, subtenant, employee or invitee thereof. Section 9. Indemnities. Each party hereby indemnifies and saves the other party harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments arising from personal injury, death or property damage occurring on or from Its own property, except if caused by the act or negligence of the other party hereto. Section 70. Insurance. Each party shall procure and maintain in full force and effect throughout the term of this Agreement general public liability insurance and property damage insurance against claims for personal inJury, death or property damage occurring upon, in or 4846-7123-2515.6 2 about its property, each party's insurance to afford protection to the limit of not less than $1,000,000 for injury or death of a single person, and to the limit of not less than $2,000,000 for any one occurrence, and to the Iimlt of not less than $1,000,000 for property damage. Such insurance may be written by additional premises endorsement on any master policy of insurance carried by the party which may cover other property in addition to the property covered by this Agreement. Such insurance shall not be canceled without 10 days' prior written notice to the other party. Notwithstanding anything to the contrary contained in this Section 10, so long as the net worth of Wal-Mart, Its affiliates, successors or assigns shall exceed $100,000,000, and so long as WahMart, its affiliates, successors or assigns own, lease or occupy the Wal-Mart Property, Wal-Mart shall have the right to self-insure (in whole or in part) the financial risk for any claim. Section 11. No Merger. The easements and rights established by this Agreement shall not merge or terminate if the Access Easement Area becomes owned by the same person or entity. Section 12. No Joint Venture. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise nor shall tt cause them to be considered joint venturers or members of any Joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to da so in this Agreement. Section 13. No Public Dedication. Nothing herein contained shall be deemed to be e gift or dedication of any portion of the Access Easement Area or portion thereof to the general public or for any public use or purpose whatsoever. Section 14. Breach. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement. However, such limitation shall not effect in any manner any other rights or remedies which a party may have hereunder or under applicable law by reason of any such breach. Before exercising its remedies, the party complaining of a default under the terms of this Easement must provide written notice to the parry allegedly in breach of this Easement and allow such party 60 days to cure such alleged breach prior to exercising Its remedies at law or in equity. Section 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Section 16. Amendment. This Agreement may not be amended or modified except by wriien agreement signed by both parties. In the event that any provision of this Agreement shall be held invalid, the same shall not affect in any respect the validity of the remainder of this Agreement. Section 17. Counterparts. This Agreement may be executed in two or more duplicate counterparts, each of which shall be deemed an original, and ail of which together shall constitute but one and the same instrument. [Signature pages follow] 4846-7123 2515.6 Meddtan (NV1~, ID Store N0.5641 IN WITNESS WHEREOF, the parties have caused this instrument to be executed the day and year first above written. THE BEWS FAMILY LIMITED PARTNERSHIP, en Idaho limited partnership STATE OF Q ) ss. COUNTY OF ) By , Name - a d Its er- ( The foregoing instrument a ackn ledg d before me this ~ ay of cJ ~l.,~f.~ .209 0 by 1~~ the e r of The Bews Family Limited _Partnership,~.,., n. Idah limited partnership,.., orb„ beha~.. of, the _~„ _,_. _ __ .__ partnerslitp: ~ -.~ _ .. KIMBB1tLY WINKLE Notary Public State of Idaho (~~ . 1 Nowt ry-Public My commission expires: 4846 7]?3-25!5.6 Meridian (NW), ID Store No. 6841 IN WITNESS WHEREOF, the parties have caused this instrument to be executed the day and year~rst above written. STATE OF ARKANSAS WAL-MART STORES, INC. a Delaware corpora i n / G BY John arke President-Real Es ss. COUNTY OF BENTON ) On this ,day of l~~-y in the year 2010, before me, a Notary Public, personally appeared John Clarke, known or identified to me to be the person whose name is subscribed to the wlthln instrument, and acknowledged to me that he/she executed the same. MICHELE BUTI.Eq ~~1 ,~ Notary Publlo, state of nrkanaae Washtngbn Countg Reg# 12a~ogp Notary Public Gommfaslon6xplreaJunel. My commission expires: 4846-7123-2515.6 5 EXHIBIT A LEGAL DESCRIPTION OF WAL-MART PROPERTY A PARCEL BEING LOCATED IN THE S '/a OF THE SE '/~ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 27, FROM WHICH A 518 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAID SE '/• BEARS N 88°56'28" W A DISTANCE OF 2684.67 FEET; THENCE N 88°66'28" W ALONG THE SOUTHERLY BOUNDARY OF SAID SE '/.- A DISTANCE OF 89.7b FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 1°03'32" E A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING; THENCE N 88°68'28" W ALONG THE NORTHERLY RIGHTAF--WAY OF W. MCMILLLAN ROAD, SAID RIGHT-OF--WAY BEING 36.00 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID SE %s, A DISTANCE OF 667.21 FEET TO A 6l8 INCH DIAMETER IRON PIN; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 44°59'69" W A DISTANCE OF 35.37 FEET TO A 618 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 43.07 FEET ALONG THE ARC OF A 143.00 FOOT RADIUS NON- TANGENT CURVE RIGHT, SAIb CURVE HAVING A CENTRAL ANGLE OF 17°15'80" AND A LONG CHORD BEARING N 2°29'54" W A DISTANCE OF 42.91 FEET TO A 618 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 47.42 FEET ALONG THE ARC OF A 328.50 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 8°19'15" AND A LONG CHORD BEARING N 1°69'41" E A DISTANCE OF 47.37 FEET TO A 518 INCH DIAMETER )RON PIN; THENCE A DISTANCE OF 167.10 FEET ALONG THE ARC OF A 457.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 19°41'47" AND A LONG CHORD BEARING N 12°00'40" W A DISTANCE OF 166.33 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE N 21°61'34" W A DISTANCE OF 81.30 FEET TO A 6l8 INCH DIAMETER IRON PIN; THENCE A DISTANCE OF 129.20 FEET ALONG THE ARC OF A 323.00 FOOT RADIUS CURVE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 22°55'06" AND A LONG CHORD BEARING N 10°24'01" W A DISTANCE OF 128.34 FEET TO A 618 INCH DIAMETER IRON PIN; THENCE N 1°03'32" E A DISTANCE OF 688.00 FEET TO A 518 INCH DIAMETER IRON PIN; 4846-7123 25) S.G THENCE A DISTANCE OF 163,76 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01" AND A LONG CHORD BEARING N 14°13'28" W A DISTANCE OF 161.86 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE S 88°66'28" E A DISTANCE OF 434.84 FEET TO A 618 INCH DIAMETER IRON PIN; THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/81NCH DIAMETER IRON PIN; THENCI; S 89°16'21" E A DISTANCE OF 622.76 FEET TO A 6/8 INCH DIAMETER IRON PIN ON THE WESTERLY RIGHT-OF--WAY OF N. TEN MILE RD; THENCE S 0°21'14" W ALONG SAID RIGHT-OF--WAY BEING 46.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE %a A DISTANCE OF 867.98 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF--WAY A DISTANCE OF 100.72 FEET TO A 5I8 INCH DIAMETER IRON PIN; THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE'/4 A DISTANCE OF 84.76 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 67,62 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 26.17 ACRES (1,139,781 SQUARE FEET). ERROR OF CLOSURE: ERROR NORTH: 0.00246 ERROR EAST: -0.00014 PRECISIO N: 1 : 1,756,556.00 4846-'1123-515.6 2 EXHIBIT B LEGAL DESCRIPTION OF BEWS PROPERTY [SEE ATTACHED] 4846-7133 1515.6 EXHIBIT B • "BURDENED PROPERTY" NORTH PROPERTY ~ N eeoy~9Y6 _rw:~ 2) ac GRAPHIC SCALE Q Y0p .SOD sa R~ TM ~ era ~ ~ w ,~r r r~en - aoo n. u p u kaa~s'r~ w ~ . E W.u' y tmetia'n'x ~_._._. ° R ~u>6' ~ 9 a ~~ ~ m. e ~.w.~ ~' „ e-r- uwe r~ae uNe ec~arto ur+nrx Li etot•'ee'v tl.eo It iMl'66'76'M sews u ibe7r~'w ,taco LV e071'16'M 1./7 W Nbtl'7e'4PM • e.DO u bab•ro'r atbls .. .~~ . ne6orc11•rr fam u xb~rlre 1~os1 u rro•Ir1ax fl1s7 ub ost•sfu't e>.ab ttt 64500'06'E iJ.J7 ~~~ ~ w• ~CMILLAN ROAD curve rAHE t~v[ imont iumw unu ~++oiro bea cNOeo CI i1S70 J07.00 ]0'D401' 61c'IY~O'E 161.66 Ct g0,l0 J7300 ti'88b6" 6107'4'0!'e 13e.iF C7 167.10 16700 tY'1t'N' 67!'00'~6'e ' 166.7! a-' ~~ ataeo ,b'iriay' ,~w- 17.E ' cc 17.m 117:60 t7'la~" B6R6'17t /sb1 SHEET t• OF 3 f 4846-TL?3 1515.6 stieer2 ots . 1~~oaosT>a ~~ 6luadrant . aBIIR11B1~'D PROI'Lrl!t'PYe C o n a u l t i n p, Inc. NORTHPROFEIZTY A parcel of land being a portion oPParoel B as show on teoord of auevey number 8439, IdatnHmentNo.108113849, teceada of Ada County, Idaho, togother veldt apoation of a tract of ' lend as deeatibed is Spedal Watrattf<y ])eed,lnalrtmientNo. lOti041249, records of Ade Coway, ' Idaho, situatod iti the Southeaat quarter of Section 27, Township 4 North, Range 1 West, Boiae Met3diaa, Ada County, Idaho mote partiwtlady described as fbllovvs: Commoncing at the Section comer common to Seetion26, 27, 34 and 35 of said Tovrnahip and Range; ffieneo along the South lino of said Section 27 North 88°56'29° West 956.97 feet; ttarnce leaving said South')ineNorth i°03'31"East, 36.00 i1:et to a ppobit on the NorthRight-Of-V1-ny of West McMillauRoad, said pobrcbeingthe POINT OFBEGINNING; ih~ce along said Right- Of-Way lice the following three courses North 88° SG 29" Wet 649.54 feet, thence Sotrth 01° 04' 36" West 11.00 feet, thatao ' North 88° 56' 29" West 254.38 feet, thence leaving eaidNafth Right-Of-Wey North Ol" 53' S6"Beat 1274.71 ibet, thence North 06° 3?' 30" Weft 612.06 feat, thence North 22° 14' 26' Boat 338.89 feet, thence North ~° 59' 37" Best 409.34 feet to a point on the NorQ~ lino of said Southeast quarter, thence ainngaaidNonhline • South 89° Zl' 12"East L769.59 feet to the Bast quartet corner of said Section 27, thence along the Beat line of said Section Sonkr 00° 21' 16" Wnst 1322.21 feet, thanes leaving said ]rest tine .~ North 89° 18' 24" bleat 25.00 beet to a point on the West Itight.Of--Way of I4arth Ten Mile Road, . thence along said Wort Right-Orf-Way Ote £ollowing foureeursas South00° 21' 16" West 9.47 ftet, thence North 89° 38' 44" West 8.00 feet, thence • South.00',21' 16",West 315.15 feat, thence _ , .. _...... . North 89° 38' 44" Walt 13.00 ihat, thence leaving said West Right-Of-Way tso4w.ovefnnd • eotse.lt)a~70.7 Cv~!'~~ ~ l2oe;s~oos2 • www-a~wdronroe I aa~atx~asts,e ®^ SHEET3of3 ®®9uadrant $~~'B Conaulting.lnc. "B1T121J)C1~D PROPEItti'1'X" . NOR'PHPROPERTX North 00° 2l' 16" East 140.51 Ebel, thence North 89° 15' 22° Weat 622.75 feet, theme North 00° 49' 12" Fart 112.27 feet, tbanoa North 88° 56' 29" Wet 434.84 feet, thence 163,78 feet along a ourvo bo tho right, raid carve having a md[na of 307.04 foot, a deha angle of 30° 34' Ol" aM a ehorflbearing and dlatrace at Soutlr 14° 13' 30" Fast 161.85 feat, thence Sonar O]° 03' 31" Wert 588.00 flset, thence 129.20 feet along a curve to tlu left, said ourve baving a radlua of 323.00 ibet, a delta angle of 22° 55' 06" and a ohord beating and diatarroe of South ]0.24' 02" Bast 128.84 fact, thenoa Swth 2!° 51' 35",Host 81.30 feat, thence 157.10 feet along a cnrva to are right, said ourve having aradtua of 457,00 &eG a delta ang]o of I9° 4I' 47° and a cdrard bearing and dlrtanca of South 12° 00' 42"Baal 15633 feet, tllenco 47.42 feat elarg a curve to the right, Bald curve having a rwdlua of 326.50 feet, a delta angle of OS° 19' 15" end a chord bearing cad distanco of South Ol° 59' 49" Wont 4'1.37 lt:et. theme 43A7 foot along a ottrve bo the loft. acid auve having a radius oP 149.00 fees; a deltsartgle of 17° 15' 26" end a chord besting and dtatanae of South 02° 28' ! T' Bart 42.91 feet, thence South 45° 00' 00• Feat 33.37 feetio $01'O1NT OIL BLra1NNIlYG; Said puroel containa 82.23 acrer Woos of leas. woo w, o,rsdand ~ ease, t~ as~oa • rMOn. izaq s4x~aa i Fac laosl a4aoo92 • www.yuaa+omoc CNM l~fplnaalinp ' bYxvaYta9 4x46 71?3~515,6 ' EXHIBIT C DESCRIPTION OF WAL-MART ACCESS EASEMENT AREA X1846-71x3 2515.6 =i~i~i. ~Ix./ la;Rl/c.+u. f /. rfllr.:y.I~//ay a R nii - //i.1. ~~ ~ ~~~ m 4~~~ ~ ~- p ~@a~ ~ €~~o~~B~ ~a~ ~ ~ ~~ v - ~~ ~ ~ ~ v ~ m ~ ~ ~~~ n ~ ~~~$ F ~ ~~ ~ ~ # ~~~~ ~ q~ ~ ~~^6I ~ I ~ I ~ ~ z ~tR z v ~ ~ ~ ~ ~ ~ ~ z -~I O ~ ~~ Z v ~ D ~ n8@ g ~ N o -b D ~~~~~ ~ ~ s~ ~~ ?~ ~$~ e ~ ~ ~ ~ >~a~aa~~~ ~ ~ gp~~~~~ g ~ ~~ ~~ i NNN e 5 e y F ~ 9 R~ ~ ~ R~~~~ e ~~~ w E ~~~~~ .'' e .a ~ ~3€ ~s a ~ ~~" ~ ~S~~E ~r •Jm' O ~ $ ~ ~ ~ ~ D ~^ ~ ~ S $~ FNF~RQ e~~ p 11 F s g~ ~~~ ~ aaG M 4 a~ ,K' d € p n~ y GGr=.IL~R e 6 ~ ~ ~F SRi,RS ~ °•~ G S ~ ~~~ R-15 RESIDENTIAL ZONE ~~ ~~~ ~ ~, ~ ~ (( q ~ STORNNVA'fER a ~ I - - t a MANAGEMENT AREA e a ~ 9a ~ , . 1 ,:: 44• wee' ,~•' ~ 71 m ~ F ~ a a I ~ fTl G I ~~ nz ~y I II I ~~ 84 84 84 _ s~ R a ~~ ~~& f~1G1~ A D O ~ 4 I I ~ ~ Qrj+I ~ D 4 ¢ -, I . ~4 a~ ~ ~ ~ ~ ~ $ ~ o ~ ,=alt - -~ I I xtir ,,,~ I ~~~l~ 84 84 84 ~ I I ~ ~ I I i 4 414 I ~: I p a n I .... ...._... _.. ._ ~ N ~ I c - - - - - - - - ~ - - - - - m I ~ b4 84 ~ 84 84 84 84p 84 b4 1 •~ I z 1 I fir' z ~I ~; ~li~ "' i 814 - Dw I I I ~ ~q I '. it ~ I ~ ~ ® ® ® O ~ I I ~ I €~I ~ ~r v v °er v v 11~ ~O I - kQ i I I a ~ I I V~I ~ A~ ~n I I IN I ~ I I I v ss' ~~ ~. 1 ~ - I I • r e ` •• I - - - _J I -------- ~ - _.. .. -.._ ._ I a I ~ ~ ^ • r I ~ E _ I q ~ ~~~ ~~~ ~ I ~ I g ~~ ~~~ ~~ I E. G I a - ~~ I 84 ~ dt b4 89 84 89 I ~$0 ~~ I 4 1 0 t ~:~~- -- ~I ~' .., ~ •. - - - -- - -- - - -- -- - ~ - ~ -- -~-N'%'EN^L1SN?eliiD (50 TO 8U =R/VY)~ ' - H ~• ~ - - --- - ga $ g C-G ZONING ~~ ~ ~ ~ ,,, I ~ g yy (~ [ ~ L ~~~1~°0 °o STORE #58x1-00 o.anax "r••pr• 4Jo. Dw'-. Dec Ion p '~ Iz/:s/m++ r. ~ s. 5001 N. TEN .MILE RD. °"~ ~ ® ~ ~ ~ p SITE PLAN + ~~~~• ea aeww SL N.W. SU616 T(]QO1,esum 1@CMn G4p NOT ]11001016 dynpywA9tlul F~ mFdl6] M~ecai ry~wlw.c+la~.I~e.~~sle~IrwKb .tia mn-rµ. ~0® 3...E g~ m fE~~ !jt ~ i I ~ E ~ ~ ~ ~ ~ ~ ~~~~•~C ~y~PPf36 -€'3r -EF~Rw2 "~-QaH~'~'~ T~~rvarN- _ ~a ~~®9 gg ~ ~~~ ~ ~ ~~~~~~~,~~ spa a~~~~~~~~~~ Z ~~"~s~~~~a €~~ ~ ~~9 ~g ~~€ ~ ~~~~~~ c~ ~~~ ~~ ~~~~~~~ ~ ~ ~ ~~ ~~ ~~~ a ~~~~~~g ~ ~ i; ~ a +~ ~ $a R a7 aa'~~ ~ ~ Customer Receipt ~~~~~ ,,; City of Meridian, Planning Department 33 E. Broadway Ave. Suite 210 Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Name Wal Mart ~- Applicant Nick Taylor Applicant Address 606 Columbia, Olympia, Wa 98501 Project Address Meridian, ID 83642 Subdivision Professional Address: Phone: FAX: Fees and Receipts: Number Description ~ Amount 7332 Certificate of Zoning Compliance $453.00 7333 Design Review $173.00 Total Fees: $626.00 Check Number: 1424 (12/05/2011) $626.00 Total Receipts: $626.00 Balance 'Due: $0.00 ;~ B R R architecture 4/2/12 Mr. Pete Friedman Meridian Planning Department 33 E. Broadway, Suite 210 Meridian, Idaho 83642 Re: Walmart -Meridian (NW), ID -#5841 Dear Mr. Friedman: It is our belief that the proposed architectural design for Walmart addresses the guidelines in the Meridian Design Manual and UDC 11-3A-19. It is also our belief that the design is in conformance with Exhibit rD' of the Development Agreement between the City of Meridian and Primeland Development Company, LLP. The design meets the requirements as stated in Design Guidelines for Urban/Suburban Develooments:2 0 Architectural Character as specified below. 2.1 Cohesive Design C-2.1.3.1. Building design should appropriately address building scale, mass, and form, and the use of materials, architectural elements, and details to ensure a compatible and aesthetic contribution to the urban environment. The proposed project is compatible with, and positively contributes to the urban environment around the site. The design provides materials that relate to the area, uses an architectural style that relates to adjacent development, and appropriately addresses building scale, mass, and form in relation to its environment. A Mediterranean architectural style incorporating arched openings, decorative light fiMUres, awnings, and architectural details has been used to relate to adjacent development in the area. C-2.1.3.2. Use fundamental design principles, including, but not limited to, composition, order, balance, rhythm, repetition, proportion, and scale to create a unified building design. The proposed design effectively uses fundamental design principles listed above to create a unified building design. C-2.1.3.3. Design building fa4ades that express architectural character and incorporate the use of design principles to unify developments and buildings, and relate to adjacent and surrounding uses. The building has been designed to express a unifying architectural theme that relates to adjacent and surrounding uses. A Mediterranean architectural style has been established in the area, and has been incorporated on the proposed design. C-2.1.3.3.1. Design all appropriate sides of buildings, including fa4ades that face public roadways, public spaces, other buildings, interior site elements, and adjacent uses, to unify a consistent building design and appearance with the consistent use of materials, elements, and color. A consistent use of architectural detailing and materials is achieved all four sides. Particular attention has been paid to more visible sides of the building, including the East Elevation facing the Ten Mile Road and the South Elevation facing McMillan Road. These elevations incorporate pilasters, steps in parapets, cornice detailing, variation in color/materials, and architectural features such as awnings. C-2.1.3.4. Building design should enhance public and opens spaces, articulate aesthetic character, and provide human and pedestrian scale. Emphasis is placed on the front (East Elevation) as this is where the pedestrian interacts with the store. Here, careful massing at the entrances, amenities, planters, and awnings provide apedestrian-scale. The hardscape in front of the store becomes an active, Inviting public space for customers. C-2.1.3.4.1. Design buildings to enhance the attractiveness and appeal of developments, define public and open space, establish community identity, and promote pedestrian environments. The building has been designed to provide an active, clearly defined public space in front of the store that establishes community identity. The local Mediterranean architectural identity is enhanced. www.brrarch.com 2400 E. Arizona Biltmore Circle, Bulte 1360, Phoenix, AZ 85016 mnrx 602-955-9095 rax 602-955-9096 Kansas dty ben[onvllle I phoenix son frandsco phllatlelphia atlanta I mlaml Page 2 of 7 C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the building design. The front of the store features customer amenities, variation in materials, awnings, alcoves, planters, and carefully designed massing to provide a pedestrian scale. C-2.1.3.5. Use building design and architecture to promote mixed-use and denser developments as aesthetically pleasing developments throughout the community. The site features out-lots that are likelyto become additional retail, restaurants, and services. Additionally, the building itself is likely to have multiple uses including retail, services, banking, and a restaurant. C-2.1.3.5.1. Building designs are encouraged to use vertically integrated structures and/or horizontal mixed-use forms to create compact developments. N/A 2.2 Building Scale C-2.2.2.1. Proposed developments should use proportion and scale to design buildings compatible in height, mass, and form with an appropriate transitional built environment. The main building walls vary in height from 24'-0" to 27'-4" in height, which is compatible in height of adjacent development in the area. C-2.2.2.1.1. Infill, greenfield, and redevelopment proposals should coordinate the placement, orientation, and design of buildings to mitigate and avoid the visual appearance of buildings that present an overwhelming form, mass, and scale. N/A C-2.2.2.1.2. Large-scale and multi-building developments are encouraged to produce innovative and creative designs that visually reduce the mass, size, and boxform to promote an aesthetic appearance on appropriate faSades. The proposed building uses creative massing, architectural elements, and materials to reduce the mass, size, and box form of the building. C-2.2.2.1.3. Where possible, group or incorporate smaller uses along faSades that introduce modulation and create pedestrian environments that breakup massing of large-scale buildings. The front of the Walmart store is likely to have non-Walmart tenants of varying uses. Here the faSade is highly articulated with windows, alcoves, and awnings, and uses massing to reduce the scale of the building. C-2.2.2.2. Design and configure buildings to reduce overwhelming and disproportioned architectural scale to establish appropriate relationships to adjacent roadways and uses. The overall scale of the building from Ten Mile Road and West McMillan is appropriate considering the setbacks from the roadway. Additionally, future development of the out-lots is likelyto provide a small scale of development adjacent to roadways. C-2.2.2.2.1. Development should consider the scale of surrounding buildings, including relationships to residential areas, as well as an appropriate scale for a transitional built environment. The scale of the building is proportionate in scale to the neighboring development, including the nearby Bridge Tower development. It has been designed to have primary building walls with varying heights of 24'-0" to 27'-4" which is relatively low for a building of this size. This low profile is also appropriate for a transitional area near residential. C-2.2.2.2.2. Use variation in building form and proximity to other buildings, including, but not limited to, step-backs, similar roof forms, and building height, to ensure building elements are compatible and/or transition to adjacent uses. Variation and compatible elements to adjacent uses in the building form have been achieved through wall height changes, variation in roof heights/types, cornice detailing, and variation in materials and colors. C-2.2.2.2.3. Where appropriate, establish a hierarchy of building scales that transition from intense to less intense uses, maintain relationships between stages, and provide opportunities to create distinctive areas and "districts." A hierarchy of building scale has been established, particularly on the front elevation. Here, the massing and architectural elements represent more intense uses and define a distinct building entrance. C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are encouraged to develop a minimum two-story design tharatter. The proposed design is not in proximity of an urban area, and is setback from West McMillan and Ten Mile Road. Additionally, the proposed use is a.single-story retail store. www.brrarchcam 2400 E. Arizona Biltmore Circle, Suite 1360, Phoenix, AZ 85016 maw 602-955-9095 rnx 602-955-9096 kansas city Bentonville I phoenix San franclsco tamps I miami Page 3 of 7 C-2.2.2.3. Incorporate human scale on appropriate building facades to support an aesthetic architectural character that contributes to the quality of the building design, adjacent buildings, and public spaces. A human scale has been established on facades in which pedestrians will interact with the building, primarily along the East Elevation. Other features such as arch walls, a clearly identifiable building base, and pilasters serve to reduce the scale of the building. C-2.2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion, materials, and detailing throughout the facade and building design. Human scale is emphasized on the East Elevation through the use of windows, alcoves, architectural elements, materials, proportion, and detailing. C-2.2.2.3.2. Human scale is required at the ground or street level at building entries, along roadways, and adjacent to pedestrian environments and public spaces. All entries of the building are brought to a human scale with the use of alcoves, lower sloped the roofs, scaled signage, and detailed accent materials. 2.3 Building Form C-2.3.2.1. Articulate building forms, including, but not limited to, massing, walls, and roofs, with appropriately scaled modulations that contribute to the development of visually aesthetic building designs. Articulations in [he building form will include wall height variation, material changes, cornice detailing, glazing and alcoves that will contribute to a visually aesthetic building design. C-2.3.2.1.1. Building facades that face roadways, public spaces, and pedestrian environments should incorporate facade modulations, including, but not limited to, appropriately proportioned projections, recesses, and step-backs that articulate wall planes and breakup building masses. The front (East) elevation facing Ten Mile Road has clearly identified entrances through the use of facade modulation, scale changes, signage and materials. The elevation also features windows, awnings, pilaster arcade features, and horizontal separation of materials/color to break up the overall building mass. The elevation facing Wes[ McMillan uses variation in parapet height, horizontal and vertical separation of wall surfaces through variation in colors and materials, and pilaster arcade features to reduce building mass. C-2.3.2.1.2. Design parking structures as integrated buildings that are compatible with surrounding uses and contribute to the urban form. N/A C-2.3.2.1.3. Parking structures should incorporate modulations, architectural elements, details, materials, and finishes that unify the structure with a coherent building design and character on all appropriate facades. N/A C-2.3.2.2. Incorporate visual and physical distinctions in the building design that enhance building forms, articulate facades, identify entries, and integrate human scale. Entry vestibules are clearly defined through the use of variations in massing, roof form, and materials. All facades have been articulated to have variation in roof parapet heights and detailing, color and materials, and interesting architectural detailing. C-2.3.2.2.1. Use divisions, fenestration, architectural elements, details, accent materials, and human scale to articulate building facades that relate to adjacent roadways and uses. A human scale is established at both entrances along the East elevation through the use of glazing, wall heights, and material accents. C-2.3.2.2.2. Where building designs incorporate multiple stories, or equivalent building heights, design upper stories to complement lower stories and create a cohesive building design. N/A C-2.3.2.2.3. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated elements of facade compositions, provide visual interest and complexity to the building design, and emphasize the structure orfeature architectural elements. Visual interest and complexity with featured architectural elements are achieved through the use of horizontal banding, decorative cornices, and accent material details. The design uses an effective combination of vertical and horizontal separation to provide visual interest and complexity. www.brrarch.com 2400 E. Arizona Biltmore Circle, Suite 1360, Phoenix, AZ 85016 mnw 602-955-9095 rax 602-955-9096 kansas city I ben[pnvllle phoenix I can franclsco tamps I mlaml Page4of7 C-23.2.2.4. Design lower stories to visually anchor buildings to the ground or street and appropriately integrate architectural elements and details that emphasize pedestrian scale. The material articulation along the East elevation that includes the two entrances Integrates alcoves, awnings, amenities, planters, and accent materials to reinforce the pedestrian scale. C-2.3.2.2.5. Design the uppermost story orfacade wall planes to complete the building design. Use articulation, architectural elements, materials, and details to emphasize the termination of walls, roof planes, or rooftop elements. The termination of walls, roof planes, and rootop elements are emphasized through the use of decorative cornices with varying profiles, varying roof types, and material changes. C-2.3.2.2.6. Building designs within designated areas ofthe Ten Mile Specific Area Plan are encouraged to use the "base; "'body; "'top" concept to integrate horizontal and vertical divisions. The building has clearly identifiable base, body, and top. The base is identified with the "Autumn' Integral color CMU and "Cobble Brown" band. The body of the building is identified either through painted CMU or EIFS. The top is identified by a termination cornice detail. C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- orstreet-level with adjacent roadways, public spaces, and pedestrian environments. Multistory buildings should provide more transparency atground- or street-level than upper stories. The articulation of the front facade provides customers with clearly defined entrance vestibules and a pedestrian area. More transparency is provided in these areas to allow a visual connection to the inside of the store. C-2.3.2.3.1. Use architectural elements, such as doors and windows, details, and materials to articulate building facades that face roadways, or are adjacent to public spaces and pedestrian environments to establish a transparent relationship between active indoor and outdoor spaces. A transparent relationship between active indoor and outdoor spaces is achieved with glazed entry vestibules on the East facade. - C-2.3.2.3.2. Facades at ground level should average 40 percent transpa rency along roadways and adjacent to public spaces. The proposed building design does not meet the 40 percent requirement due to operational reasons. However, transparency is provided at the entrance vestibule and cart storage areas of each entrance vestibule. C-2.3.2.4. Building designs should provide proportionallytaller ground-level facades to accommodate various uses adjacent to pedestrian environments, roadways, and public spaces where appropriate along an urban edge or as part of a development transition. Provide floor-to-ceiling heights, or floor-to-floor for multistory buildings, from 12 to 18 feet. The proposed building does not sit along an urban edge and is a single-story building. The main facade on the East side of the store reflects a scale that is appropriate for the pedestrian activity. C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building profiles and contribute to the architectural identity of buildings without imposing overwhelming scale on adjacent uses. Variation in parapet heights, cornice profiles, and roof types add variation and interest without being overwhelming in scale to adjacent uses. C-2.3.2.5.1. Building designs should incorporate appropriate roof forms with primary and secondary roof elements that complement the building form and facade designs and help reduce the appearance of building mass and scale. Such design elements as varying roof height, material change, and decorative cornices help reduce the appearance of building mass while still maintaining a strong building form and level of facade design. C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof elements, including, but not limited to, parapets, dormers, overhangs, and eaves, architectural detailing, and cornice work. The proposed building will include a varying roofline, sloped file roofs, awnings, decorative cornices, and metal architectural coping. 2.4 Architectural Elements C-2.4.2.1. Use architectural elements and detailing, including, but not limited to, fenestration patterns, awnings, canopies, balconies, entries, materials, and decorative or ornamental detailing, to articulate facades and contribute to an aesthetic building character. The proposed building facades will include awnings, alcoves, fenestration patterns, and accent material archways to create an aesthetically pleasing building character. C-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing, materials, textures, and colors that appropriately integrate these elements with the building design. The proposed building design will create a human scale at entrances, material and color divisions along walls, detailing at the roof line as well as at eye-level, with materials that are highly textural. www,brrarch.cam 2400 E, Arizona Blltmore Circle, Suite 1360, Phoenlx, AZ 85016 mam 602-955-9095 rax 602-955-9096 kansas clty Bentonville Phoenlx I can francisco I tamps mlaml Page 5 of 7 C-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the building design. Human scale that uses a high level of design and detailing is required at ground or street level adjacent to roadways, pedestrian environments, and public spaces. At all building entrances the scale is brought down to the human through lower roof heights, alcove openings, and site amenities including seating. C-2.4.2.1.3. Where appropriate, provide building overhangs or other similar features, such as canopies and awnings, that offer temporary relief from inclement weather along portions of facades that adjoin pedestrian environments. Overhangs are provided at building entrances fortemporary relief from inclement weather. C-2.4.2.1.4. Integrate strategically located elements as focal points in building designs. Focal elements should be proportional to the building scale and emphasize building corners, entries, adjacent public spaces, and other such features to establish development or building identity. Focal points in the proposed building design include sloped the roofs, accent materials, and a main sign wall with stone base to create a sense of identity. C-2.4.2.2. Building designs should not create blank wall segments along roadways or adjacent to public space. Use architectural elements and detailing in combination with color palettes, textural changes, and material combinations to mitigate the stark appearance of blank walls. Landscaping techniques may also be considered. The proposed building incorporates a rich color palette, horizontal and vertical separation of wall planes, decorative cornices, and wall projections to mitigate the appearance of blank walls. C-2.4.2.3. Organize and locate building service equipment, including, but not limited to, mechanical units, flutes, and vents, away from building entries, roadways, public spaces, and where possible from adjacent buildings. All mechanical units for the building will be rooftop mounted and screened by parapet walls accordingly. Any other service equipment located on the ground will be located at the rear of the store and will be screened as to not be seen from building entries, roadways, and public spaces. C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately conceal service equipment and areas. All service equipment and areas shall either be screened by building wall parapets or masonry screen walls. C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum height of the equipment on all sides and integrate with the building design and site layout. All ground level service equipment shall be screened from pedestrian and vehicular view by either the building or masonry screen walls to a minimum height of the equipment. C-2.4.2.3.3. Screen service and building equipment that is attached or on top of structures from public view. Use pedestrian lines of sightfrom the farthest edge of the adjoining right-of-way to determine the height and effectiveness of screening. All rooftop equipment will be screened by wall parapets that have been designed around the pedestrian lines of site from the Farthest edge of the adjoining right-of-way. C-2.4.2.3.4. Use screening techniques, architectural elements, and materials that are consistent with the building design and do not detract from the aesthetic appearance of the building and adequately conceal equipment. All service equipment is adequately concealed using materials and screening techniques that fully integrate with the building design. All roof top equipment is screened by building wall parapets and all ground level equipment is screened by masonry walls that seem like extensions of the building facade. 2.5 Materials C-2.5.2.1. Buildings with facades that face multiple roadways and/ or public spaces should use consistent material combinations, quality, and detailing to unify the building design. The proposed building will have a consistency in the elevations that face roadways and public spaces through the use of material combinations of split-face cmu, Quik brick, horizontal banding, accent materials, and an earth tone color palette. C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design. Use materials from the following basic groups: wood, masonry; concrete, metal, and glazing. The proposed building uses a mix of painted split-face cmu and integrally colored CMU for exterior walls, stone veneer as an accent material, glazing at entry vestibules, metal for awnings, and synthetic stucco to create a material combination that contributes to a cohesive building design. www.brrarch,cam 2400 E. Arizona Biltmore Circle, Swte 1360, Phoenix, AZ 85016 mom 602-955-9095 Fax 602-955-9096 kansas city I ben[onvllle phoenix can Francisco I tamps mlaml Page 6 of 7 C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for lower stories and pedestrian scale at ground level. The proposed building will feature materials such as stone veneer, synthetic stucco, and integrally colored CMU at ground level. Lower roof heights, added detailing of pilasters, and added cornice articulation around building entries reinforces the human scale at ground level. C-2.6.2.2.2.Concrete masonry that provides texture, interest, and detail may be appropriate for building designs; however, the use of ordinary, smooth face block, unfinished, colored, or painted, is not an acceptable finish material for building facades along roadways, adjacent to public spaces, and residential areas. Smooth face block is not used as an exterior finish material. C-2.5.2.2.3. Use well-detailed, proportioned, and durable materials that will weather and age gracefully, adding to the architectural character over time. Avoid non-durable materials that deteriorate quickly and require frequent maintenance or replacement. All materials proposed are durable and can be maintained overtime. Materials include painted split-face CMU, stone veneer, synthetic stucco (EIFS), and integrally colored CMU. C-2.5.2.2.4. Create interest and variety in fayade design to establish attractive architectural character and human scale. Interest and variety in faSade design is established with glazing at the entry vestibules, detailed arcades with awnings adjacent to entries, and variation in colors and materials. C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from accent materials. The proposed building will include glazing, masonry, and accent materials to provide pattern, texture, and detailing in the building design, while distinguishing field materials from accent materials through scale and placement. Field materials enforce the building scale and accent materials support the human scale. C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance of the material. (For example, stone or stone-like products should convey the appearance of mass and should not appear as a thin veneer.) Materials and wall treatments on the building always wrap corners and never terminate at the edge, giving the perception of mass. C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good design practices. Colors used in the building are of earth tones and help reinforce the natural aesthetics of materials such as the split-face CMU and stone veneer used in the project. C-2.5.2.4.1. The use of subtle, neutral, and natural tones for field materials should complement accent colors and materials. The use of deep earth tones or saturated colors to distinguish building facades should enhance the building design and be compatible with adjacent structures. The buildings color palette and material choice reflect a natural and neutral tone that enhances the building design. C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated hues without complementary colors, materials, and accents, is discouraged. The building does not incorporate intensely bright and florescent colors. C-2.5.2.4.3. Materials or colors with high reflectance, such as metal or reflective glazing, should be reviewed and evaluated with the Planning staff to minimize glare on roadways, public spaces, and adjacent uses and to determine appropriateness. All materials are finished as to not be highly reflective. 2.6 Signs & Lighting C-2.6.3.1. Where appropriate, use lighting on building exteriors to promote safe pedestrian environments along roadways, at intersections, and in public spaces. An appropriate use of lighting is used on the proposed building's exterior as to promote a safe pedestrian environment. At all entrances, emergency exits, and unloading/loading situations sufficient lighting is provided. Accent decorative lighting is used at main entrances to visually define the entrance, as well as provide additional lighting in this area. C-2.6.3.1.1. Coordinate lighting fixture spacing and height along streetscapes and roadways to avoid conflicts with tree plantings. Lighting fixtures spacing and height along streetscapes and roadways will be coordinated to avoid conflicts with tree plantings. www.brrarch.com 2400 E. Arizona Biltmore Circle, Suite 1360, Phoenix, AZ 85016 malrv 602-955-9095 rax 602-955-9096 kansas city ben[onville Phoenix can frandso tamps miami Page 7 of 7 C-2.6.3.1.3. The use of architectural lighting is encouraged to beenergy-efficient and easily maintained, in addition to providing attractive qualities to building character and public spaces. All architectural lighting is energy efficient and limited to public spaces and instances to support the building character. Accent lights have been incorporated at main entrances for aesthetic and functional purposes. C-2.6.3.1.3. Lighting fixtures used on building exteriors should be integrated with building design and coordinated with architectural elements and building entries. Lighting fiMUres on the building exterior are integrated with the building design. Lighting is coordinated with entry vestibules, public spaces, and signage. C-2.6.3.2. Signs should be integrated with architectural elements and complement building designs and materials. Relate the size, shape, materials, details, and illumination to a pedestrian scale as appropriate, in addition to accommodating vehicles. The building signs are integrated as architectural elements and compliment the building design. The primary building identification wall features the main tenant wall sign, with smaller more pedestrian scale signs used as away-finding tool to blend the interior function with the exterior building design. C-2.6.3.2.1. Provide signs to identify individual storefronts, buildings, and uses along roadways, pedestrian environments, and within developments. Avoid large, single signs with multiple tenants. In addition to a tenant sign at the brand wall, smaller signs are used as directional signs to help customers located internal shopping departments. C-2.6.3.2.2. Use corporate and business logos to identify developments and businesses along roadways, pedestrian environments, and adjacent to public spaces. The use of the corporate business logo is used on the main brand wall between the two entry vestibules. C-2.6.3.2.3. Use appropriately scaled signs that incorporate logos, minimize or eliminate the use of large amounts of text, and are compatible with the architectural character and design of the building. Wall signage used is simple and to the point, calling out "Market" for the grocery side of the store, "Home.& Pharmacy" for general merchandise, "Outdoor Living' for the garden center, and "Auto Center' forthe auto tenter. C-2.6.3.2.4. Where buildings are brought up close to roadways, pedestrian environments, and public spaces, use appropriate urban sign types that address pedestrian sight lines in addition to vehiculartraffic. Appropriate signage will be used to address pedestrian sight lines in addition to vehicular traffic. signage along the East facade will help denote between the grocery and general merchandise sides of the store and the entrance to the garden center. The North facade signage acts as way finding to the Tire & Lube shop from the adjacent roadway and the parking lot. C-2.6.3.2.5. Decorative flags and banners should promote the identity of place and enhance the character and attractiveness of buildings and public spaces rather than advertise. Decorative flags and banners will not be used. A flagpole at the front of the store will be provided for the flying of an American flag, giving identity to place and enhancing the character of the building. Sincerely, r Chad Haller, BRR Architecture CC: Nick Taylor-Pacland, ]oAnn Butler-Spink Butler www.brrarch.com 2400 E. Arizona Biltmore Circle, Suite 1360, Phoenix, AZ 85016 na~rv 602-955-9095 rax 602-955-9096 kansas city bentonvllle I phoenix I can franclsco I tamps mlaml