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Walmart Fuel Sale Facility and Kiosk Overland ApplicationECEIVE AUG 1 ; 2016 WE IDIAN Planning Division —DENT REVIEW APPLICATION Project name: %/ValMQo- ){ Fget cil, � dAd KICK File number(s): ,- n !L, — Assigned Planner: e�yG l 4-A Related files: e,7_-A- 045. Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ® Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: Wal-Mart TRS, LLC Phone: (479) 204-3314 Applicant address: 702 SW 8th St. Email: terry.roberts@walmart.com City: Bentonville State: AR Zip: 72716-5570 Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Owner name: Wal-Mart TRS, LLC Phone(479) 204-3314 Owner address: 702 SW 8th St. Email: teny.roberts@walmart.com City: Bentonville State: AR Zip: 72716-5570 Agent/Contact name (e.g., architect, engineer, developer, representative): Hethe Clark Firm name: Spink Butler. LLP Phone: (208) 388-3327 Agent address: 251 F. Front Street Ste 200 / PO Box 639 Email: ltclark@8,pinkbutler.com City: Boise State: ID Zip: 83701 Primary contact is: ® Applicant ❑ Owner ❑ Agent/Contact Subject Property Information Location/street address: 521 W. Overland Road Township, range, sectionT3N. Rl W Sec. 24 Assessor's parcel number(s): R7288000024 .99 acres Zoning district: C-G Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.mendiancity.org/nlannine (Rev. 0611212014) Project/subdivision name: Wnlma_ rhifi-ielc:tlegj'jjj()?,Cjpgjt __ General description of proposed project/request: Fuel sales and small convenience/retail store Proposed zoning district(s): No change. Acres of each zone proposed: No change. Type of use proposed (check all that apply): ❑ Residential ❑ Office M Commercial O Employment ❑ Industrial El Other Who will own & maintain the pressurized irrigation system in this development? WalMart Stores, Inc. Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: Site to be served by existing PI system Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City seater): Residential Project Summary (if applicable) Number of residential units: N/A Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling emits (for multi -fancily developments only): I bedroom: _. _ 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.0: Gross density (Per UDC l I-IA-1): Acreage of qualified open space: Maximum building height: Average property size (s.f): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC I1-3G-3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 1 Common lots: N/A Other lots: N/A Gross floor area proposed: 1481 Sq. Ft. Existing (if applicable): Hours of operation (days and hours): 5:008111 to 1 Total number of parking spaces provided: 9 Authorization Print applicant name: Applicant signature:. N/A m Building height: 16, 10" Number of compact spaces provided: Q Date: i Community Development ■ Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax:208-888-6854 www.meridimrcilv.ore/ulannin� -2- ('Rev. 0611212014) SNNK RIB UTLER-. ATTORNEYS AT L A W T. HETHE CLARK 208.368.3327 HCLARK@SPINKBUTLER.COM Via Hand Delivery and Email August 12, 2016 City of Meridian Sonya Wafters, Associate City Planner - Current Planning Group 33 E. Broadway Ave., Suite 102 Meridian, Idaho 83642 RE: Administrative Design Review and CZC for Wal-Mart Fuel Center (Store No. 3093) SB File No. 21622.52 Dear Sonya: This firm represents Wal-Mart IRS, LLC ("Wal-Mart") with regard to the new fuel center proposed at the Wal-Mart Supercenter located at 795 W. Overland Road. The Proposal -- Summarized The proposal is for an eight -station fuel center with an associated kiosk to be located on the existing Supercenter parking area. All parking requirements continue to be addressed with the current site design. Procedural Items — Staff -Level Review As discussed at our pre -application meeting on July 20, 2016, the current development agreement for this project does not require modification to permit the use. The use is permitted in the zone. Accordingly, the only applications are for CZC and administrative design review. This project is eligible for staff -level review. Application of MCC Standards This application meets all the applicable MCC use standards. First, the specific use standards identified in Section 11-4-3-20 of MCC have been met. The height of the canopies does not exceed twenty feet and all vehicle stacking is accommodated within this site. We have provided over sixty (60) feet of vehicle stacking in the eastern exit of the site and have provided striping to delineate the exit and inbound lanes. The use will be attended by an operator who will be located within the 1,481 SF kiosk identified on the site plan. MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER 251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE, IDAHO 83701 • 208.388.1000 - FAX 208.388.1001 • SPINKBUTLER.COM August 12, 2016 City of Meridian Sonya Watters, Associate City Planner - Current Planning Group Page 2 The proposed fuel center meets or exceeds the intent of the City of Meridian Architectural Standards Manual for purposes of administrative design review. The proposed building elevations provided show a design that is compatible with existing and adjacent land uses, which include, primarily, the Wal-Mart Supercenter. There is cohesion of design when comparing this project to the dominant adjacent use. Building scale and building form are also complementary to existing uses. Architectural elements are compatible and align with the existing Wal-Mart Supercenter, As identified on the enclosed building elevations, the materials and features chosen ensure compatibility with surrounding buildings and uses. As you will recall, during our discussion on July 20, 2016, three particular items were discussed with regard to the proposed building elevations. One was the color scheme. We have discussed the color scheme with Wal-Mart corporate and determined that the Superstore will be re -painted to match the color scheme that is proposed on the attached elevations. As a result, the request is to keep this prototypical Wal-Mart color scheme rather than installing the building and then re -painting shortly thereafter. As the project is located on an out -parcel quite a distance from the building, we believe this is appropriate. As shown in the attached photographs, the access road at Blue Marlin Lane creates a separation from the rest of the project; meanwhile, the blue of the fuel canopy and on the kiosk provides a transition from this project, to the existing pylon sign, to the Supercenter. You had also mentioned the smooth -face CMU that was shown on the original plans. That has since been replaced with 4"x16" brick. And, finally, the metal support poles have now been wrapped per your comments. We appreciate your time and attention to these matters. Please contact the undersigned with any follow-up questions. Thank you, Sonya! Best, Hethe Clark THC:SGG;g ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.0 BOISE IDAHO 02rM3 09:41 AM DEPUTY Use Ban RECORDED -REQUEST OF ��� IIIIIIIIIIIIIIIIIIIIIIIIIIII�Iu Wah arl 113020424 This instrument prepared by and when recorded, return to: Tiffany Burnett Walmart Realty 2001 SE 101" Street Mail Stop No. 5525 Bentonville, Arkansas 72716-5535 QUITCLAIM DEED This QUITCLAIM DEED made this P day of W. , 2012, between WAL-MART REAL ESTATE BUSINESS TRUST a Delaware statutory trust, with a corporate address of 702 S.W. 8a' Street, Bentonville, Arkansas 72716 (hereinafter referred to as "Grantor"), and Wal- Mart TRS, LLC, a Delaware limited liability company, with an address of 702 S.W. lit' Street, Bentonville. Arkansas 72716 (hereinafter referred to as "Grantee"). WITNESSETH: Grantor, for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, does hereby remise, release, quitclaim and convey to Grantee, and its successors and assigns forever, all of Grantor's interest, if any, in the certain tracts of land situated, lying and being in the County of Ada, State of Idaho, as more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed in its name by its Director of Real Estate Entity Management and caused its seal to be hereto affixed the day and year first above written. [CONTINUED ON NEXT PAGE1 WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust BY: Romona West, Director of Real Estate Entity Management ACKNOWLEDGMENT STATE OF ARKANSAS ) )H COUNTY OF BENTON ) In the State of Arkansas, County of Benton, on this 2_1_ day of %&jd eY , 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Romona West, to me personally known, who being by me duly sworn did say that she is the Director of Real Estate Entity Management of the Grantor in the foregoing quitclaim deed, and that the sea] thereto affixed is the seal of said Wal-Mart Real Estate Business Trust, and that said quitclaim deed was signed and sealed in behalf of said trust with proper authority and acknowledged said quitclaim deed to be the free act and deed of said trust. WITNESS my hand and notarial seal subscribed and affixed in said county and state, the day and year in this certificate above written. BY: &ndo h�COMA RONDA GAIL CARROLL BENTON COUNTY Notary Public NOTARY PUBLIC — ARKANSAS My Commission Expires June 3, 2022 Commission No. 12388316 Exhibit A #3093-Meridian, ID Parcel 2 (of Overland -Stoddard Properly Boundary Adjustment map): A parcel tieing a portion of the NW Y. of tie NE_ Y. of Section 24, Township 3 North. Range 1 West, Eoise Meridian, Ada County, Idaho, and more particularly described as follows. Commencing at a 6,8 inch d•ameter iron pin marking the rodheastcorner of said NW%of the NC'/ from which a brass cap manumant marking the north•wast corner of said NW Y. of the NE % bears N 89"4717' VV a dstance of 1309. f3 feel, Thence S 0'44.15' W eirnq the easterly boundary of sa'd N6'u % ut the NE % a distance of 48 00 feet to a point 5l8 Inch diameter iron Wn an the southerly r,ghl-of-way of Overland Road, thence N 89'47 17' W along said southerly right-of-way a distance of 219.15 feet to a 5.16 inch dianieler iron pin and the POINT OF BEGINNING; Thence ieavarg sa.d southerly right-cf-way S ©"44'75" W a distance of 111826 feet to a 518 inch aialneter iron pin: Thence N 89'47'17' W a d+;tdnce of 209 32 feet to a 518 Inch diameter iron pin, Thence N 44*47' 17" W a distance of 114.14 feel to a 518 inch diameter iron phi thence N 0'17.'44' E a distance of 166.24 feet to a 518 inch diameter iron pin on the southerly right-of- way of Overland Rr,ad. Thence S 89"4'1'17" E a distance of 221.73 feet to the POINT OF BEGINNING: This parcel contains 0 99 acres and is subfect to any easeurenls existing or in use Parcel 3 (ol' Overland -Stoddard Property Boundary Adjustment map): A parcel being a po:5on of the NW Y. of the NE Y. of Section 24, Township 3 North Range 1 Went, Buise Meridian, .Ada County, Idaho and more particularly described as fofows: Comrrencirg at a 518 inch diameter non pin marking the northeast carrier of said NW,/ or the NE X, from which a brass cap monument marklna the northwest corner of said NW Y. of the NE Y. bears N 69`47'17' W d &stance of 1309.33 feet, Therca S 0"44'1 a' VV along the eastady licandary of said NW K of the NE Y4 a distance of 291.25 fee+ ra a point 516 inch diameter iron pin and the POINT OF BEGINNING; Thorme .^.onfm•.eng along said easterly boundary S 0'44'15" W a distance of 19613 reel to a 618 inch diameter lion pun; Thence 'eaving said easterly bounds-y N 89'47'16" W a dislarce of 226.92 rest to a 518 Inch diameter iron pin, Thence N 0'12 42' E a dis!anra of 186.12 feet to a 5+8 inch diamehar:roa p+n, rbence N 45` 17.'43" F n distance of 14,14 feet to a 516 inch dhaineter iron pm Thence S 69"41'10' E a distance of 218 72 feel to the POINT OF BEGINNING; This parcel contains 1 03 acres aid is sr.trecl to any easements existing of in use. Parcel 4 (of Overland -Stoddard Property Boundary Adjusiment map): A parcel being a portion of the NW % of We NE '% of Section 24, Township 3 North, Range 1 +Nest, Boise Markiian, Ada County, Idaho, and more particularly described as k1lows: Commencing at a 518 nch diameter iron pin marking the norbeast corner of said NW % of the NE '/, from which a brass cap monument marking toe northwost comer of said NW '% of the NE V* bears N 89047'17' W a distance of 1309 33 feet; Thence S 0'44 15' VV along the easterly bnurdary of said N'aV th of the NI" '/e a distance of 487.38 fee: to a pant 5/8 inch diameter iron pin and tee POINT OF BEGINNING; Thence continuiig along satd easterly boundary S t7"r4'l6" W a distance of 20262 fee'. 7c a 5+8 inch diameter iron pin Thence leev rig said easterly boundary N W47'16' W a dWanne of 215 03 feet to a M3 inch diameter rorr pin; Thence. N 44'47 1 1' W a distance or 14 14 feet to a 518 inch diameter iron pin. Thence N 0"12'42" I= a d,sta ice of 192 61 feet to a 518 mcn diameter iron pin; Thence S 89`47'16' E a distance of 226 92 feet to the POINT OF BEGINNING; This panel contains 1 05 acres and is s:ibtect to any easements exist ng or it :so DELEGATION OF SIGNATURE AUTHORITY I, Volker Heimeshoff, being a Vice President of Wal-Mart Stores, Inc.; Wal-Mart Real Estate Business Trust; Wal-Mart TRS, LLC; Wal-Mart Realty Company; Wal-Mart Property Company; Wal-Mart Stores Arkansas, LLC; Wal-Mart Stores, Texas, LLC; Wal-Mart Stores East, LP; Wal-Mart Louisiana, LLC; WSE Management, LLC; Sam's Real Estate Business Trust; Sam's TRS, LLC; Sam's East, Inc.; Sam's West, Inc.; Sam's PW, Inc., Sam's Property Company, Wal-Mart.com USA, LLC, and Wal-Mart Puerto Rico, Inc. (hereinafter collectively referred to as "the Company"), do hereby delegate to: Sr. Director of Project Design & Management Director of Fuel Team Senior Realty Manager Real Estate Manager Project Manager The authority to sign the documents as set forth in Exhibit A, attached hereto and incorporated herein, on behalf of the Company, in their respective capacity for the Company. All acts and transactions of individuals in the positions above which were taken or made in good faith and prior to the formal delegation of authority to such position that are consistent with this delegation are hereby ratified and approved. I olker Heimeshoff ' Vice President Subscribed and sworn before me this c2eday of Nc.L-- msew , 2015 My commission expires: /I/n"moo Notary Publ [Notary Seal] 'URA; �'13inS a^ Exhibit A All signing authority contained herein must be done in compliance with Walmart Realty Division Corporate Governance. Sr. Director of Project Design and Management Director of Fuel Team 1. Any documents related to the day-to-day management of the Company's fuel properties such as, but not limited to, SNDA and Estoppel documents, Right of Entry Agreements, Lease Amendments setting term and/or square footage, Short Form Memorandum, Utility Easements, and ECR amendments, affidavits, permits and applications. 2. Any document related to the day-to-day management of assets within the fuel team's portfolio but always subject to approval of the relevant committee such as the Walmart Really Deal Committee, Walmart Realty Finance Committee, Walmart Realty Committee or such other committee as may be developed in the future (collectively, "Committees") if such document falls within the Committees' scope of authority. 3. Any short-term contracts for services to be performed, including, but not limited to surveys and Phase I reports, not exceeding the invoice approval limit for the Associate. 4. For any fuel project, the following documents, in connection with the design and construction fuel projects, including but not limited to civil engineering agreements; architectural agreements; easements, dedication deeds, municipal maintenance agreements, municipal improvemenUdevelopment agreements, plats and any permit, application or other document required by various jurisdictions, as long as such contracts are for amounts less than $750,000.00. 5. Any documents that may be signed by Associates reporting up to these positions. Senior Realty Manager Real Estate Manager Project Manager 1. Any short-term contracts for services to be performed in furtherance of a real estate transaction , including, but not limited to surveys and Phase I reports as long as the cost of such services do not exceed the lesser of $25,000.00 or the invoice approval limit for the Associate 2. Any other documents for transactions that (a) have been approved by one of the Committees and (b) which are part of the closing process, but which are not to be recorded, including, but not limited to settlement statements and acknowledgements of a 1031 exchange. 3. Permit applications giving buyers authorization to start the permitting process on transactions approved by the Committees. 4. License Agreements with thirty (30) day termination clause. 5. Any affidavits, permits, applications or other similar documents that generally pertain to day-to-day business operations. AFFIDAVIT OF LEGAL INTEREST Anww,Sr s STATE OF4DA-HO ) ) COUNTY OF, cB* ) l3ewrV4 Tw�-I .015cur3 _ 2600 S.E. J S-rt-Fer (name) (address) Q6 W ro N�llt-tt= _ Q� 72'llb .- (city) (state) being first duly sworn upon, oath, depose and say: L That I am the record owner of the property described on the attached, and I grant my permission to: LOctatlntd , 53o A E. ImwoeNeeaCE bA, , 0,410.1 MO 631)84 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 7� day of Atiat� 20 Ib (Signature) SUBSCRIBED AND SWORN to before me the day and year fast above written. ee ..0//// ENELVd. FON1AKD - (Notary Public for Idehe) EEHMN MUM lanVMls 07 no�rvarrE*LmJanumyrs Residing at: �r '11i �C�F, � �(KN PAY Co CvmmnFm W.12374M6.202a !r QQ � 3— TPJ CammleNai W. 12374r36 07 l My Commission Expires: 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.naeridimcity.org r1 Xr N Ln %.0 3 - AG-OrnsStD �1 n ro m r N N l3/h09 O' Z m Ul � m o � U G un QJ m hH-301i�++v w s_ a w O 3 r p EL 0 EINiN �Jq 1 Uj C K O Z ¢� .a gEq{�TOOi' w C 3 s aa�-aa�raaot-s-s 711 __ � / k § / �N % g�) � \ Oo = -- \ e ! G Nl -° -®w — -J. r- /7-«--/) I \ 9 (! \ 9 3 \ 2 2�r / / w ) ± L 7-j7s+}�r : *# *0o. B § Iz Q I� 0 0 CM E IDIAN_.-2 Community Development Date:8/12/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 Address/Parcel Verification The address and parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Walmart Fuel Center & Kiosk Address: 521 W. Overland Rd. Parcel Number: R7288000024 Acres: T/R/S: Property Owner .994 3N 1W 24 Wal-Mart TRS, LLC 702 SW 8t' St. Bentonville, AR 72716 Address Verification Rev: 04/23/12 0 y E a u z 2 0 a s z i 3 0 0 F F t3 b Oq ow E LD 0 o n ce O tLo 3 n �i — `o O1 w 5 3 Q Jm � Y 7 Vf N E E u u s 2 y „ x o z ao a� i�i o ad+ m 0 O v¢i a s ¢ E o E L ac c_——— ° LL T N u � NONIIILi oMh L oo■ C �0 M a 0 0 0 0 �;.m V.,,v=J 'xyh3 QI iVb7QR7.7W .70.[.77� - :Ntl4lH�O _.,,:-, so � oos-Feo�#a�zn�a�usanssxvn✓�r�m yum°i ° gY randzuvw7KIM no PId I ai aj 'Ji' a�i6 jg g�p s� d F0 0 < J F !e$e �q I� $ii� As �a 5i ¢ j F o Q w " oo� ON a as ai `a a3 8E`a 's'_sa; a€ Cy 3ia `` iS 5aa$ y 5 i sF i 2Y `s 11Hat �#'saa$t�,�3MAH oo© o0000 � U CFI[0141' `"wy�OI NW111Y77N-,1OAJJ :NHH.N�O 00s-060E#av7 v�aaarzszvew7en a 5 I I3tl �` § $3 ba 3�5 Y 9e s �B Fe@ 5gg roFa Oade.yB€58 Faz4a"4 IN F�F3€ yjgyg§ Y 9�$t43€' @gA ia�iga�yj loq§gli NMI', �jS��dHs$iffil dg���€ WSNo S��Gas� o 3msrvmn ti mw � WW Z vvi � aQ J )// " ■ !! ■ ; k % � �,, 4Im ��i� 1�'r.� •II \ §) !ƒ :) JT k � v m m m m 0 m x 0 c c v L L R e .i 0 N W O m Q n {ƒ \) // /) \/ E \\ \� !\ _ \\ \\ }\ \\ ~� ) )) )� 7 ƒe \)0 § 0 042 \\� }mM \�\ -- )E 2I _5 \!» ./Eo' \\\\ � % m 2 V 0 m v E L R