MDA-11-005 WALMART OVERLAND STODDARD\r/
IDIAN Planning Department
DEVELOPMENT AGREEMENT MODIFICATION
Application Checklist
File # DA- lt- b6
PACLAND BRR Architecture, S nk Butler
All applications are required to contain one copy of the following:
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE
SUBMITTED. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR I,YILL A PUBLIC
HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATIOI{.
33 E. Broadway Avenue, Suite 210 . Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854
. Website: www.meridiancity.org
(Rev. l2/l l/08)
name: wal-Mart-Overland and Stoddard
Applicant
(i) Description
Staff
,..l\,
Completed & signed Commission & Council Review Application '1./
Narrative fully describing the proposed request, including but not limited to the following:
1/
x Affidavit of Legal Interest signed & notarized by the
property owner (tf ownerisacorporation,
submit a copy ofthe Articles of Incorporation or other evidence to show that the person signing is an authorized agent.) t/
x Scaled vicinity map showing the location of the subiect property t,/
Pre-application meeting notes (All applications that require a public hearing are required to conduct a pre-
application meeting with the Planning DeDartment.) t/
Neighborhood meeting sigtr-in sheet (Applicants are required to hold a neighborhood meeting ro provide
x an Commitment opportunity for of public Property review Posting ofthe proposed form project signed prior by the to the applicant/submittal ofan agent appltcation.) r
Fee l,/
IDAHO
CITY OF MERIDIAN PLANNING UEPARTMENT STAFF REPORT FOR THE HEARING DA'IE OF AUGUST 2 I , 200?
STAIT'REPORT
TIEARINGDATE:
TO:
FROM:
SUBJECT:
August 21, 2007 d,c;IDAH{;ffi )
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Queenland Acres
t AZ474O9
Aanexation and Zoning of 22.67 acres from Rl & RUT (A<la County) to CG
(General Retail and Service C.ommercial)
l. SUMMARY DES(ruPTION OF AppIrCAlrT'S RF4[iBST
The applicant, James Prarber, has applicd for Annexation and Zdrigof 22.67 acnes Aom Rl & RUT
(Ada County) to C€ (Generat Retail aDd Service Comrnercial). The $lbject prcperty is located oa
the southeast corner of S. Stoddard Road and W. Overland Road. The prop€rty consists of twelve
residential lots in Queerdaod Acres Subdivision and one 12 acre parcel,
all in Ada County. Tbc site
cootains various existing homes and associated oubuildings that wifl be reooved rpon developm€ot
of the property. This property is within the City of Meridiao's Area of Iryact aad Urbao Service
Planning Area.
The Applicail har submiued a conceptual development plan (attached in Exhibit A) that shows how
this property may develop in the future. The plan strows one 125,000+/- square foot big box retail
buitding; three 20,000 square foot mid-raoge box retail sites, two 6,000 square foot building pads, aod
one 10,000 square foot building pad. The plan also shows access points to,/from Stoddard Road 8nd
Overlaod Road, and the ext@sion of an existiag shtb strEet to this propsty &om Bear Creek
Subdivision from the south-
2. ST]MMARYRTCOMMENDATION
Strff recoEmends approval oI A7,-47409t ts prcse[ted in thc etaff report for the hearlng date
of JuIy 19, 2m7, based on the Flndingc of F ct is lirted in Erhibit D and subJecf to the
Development Agreement pnovislons propooed ln Section 10.
The Merldirn Plrunius & Zopins Copptlsdon herrd ttis ltem on Jute 21. 2007 rnd JuIv 19.
2q)7. At the nublic herrlne on Julv 19. 2007 they moved to recommend aoprovil of tte rnbiect
AZ rcouest to the Cltv Council.
a. Summarv of Commi$iou Public Eelrinq:
i. In frvor: Jaues Prether (Owner/Aoolicrnt): Scott Strnfeld
ii In oooosition: Jim Kourll (Prolect Endnccr)
iii iv. Wrftten Commentins: testimonv: None Brhn Beckley. VP of B€rr Cresk EOA Oetter p€ddoa
v.Neal contalning Strfi orecentins 236 sipprturci)eoollcltlou: : Scott Sonvr Arders: W{ters and Atrou
vl" Other etefi commendns on aopllcrtion: None
b. Key lcrue{s) of Discurcion bv Commieslon:
i. Dual landscape bufferg bbected bv r drive drlc rlons the south propcrty
boundrrv rdlrcent to the reridcntid homo* rvlth r 5t0 foot bulldlnq eetbrck
iL Locrdon of lordils dockr for buildlng$ rtone the south oropcrty boundrrv:
Qu€eoland Acres AZ-07-0@ PAGE I
CITY OF MERIDI,AN PLANNING DEPARTMENT STAFF REPORT FOR TT{E IIEARING DATE OF AUGUST 2I,2OO7
iii. iv. Requirins Restriction a of block uses wall along alons the southern the south nortion oropertv of bouqgarv:the ofooertyl[o onlv thoqe uses
gsite Kev v. i. Cotrrmission The Required allowed extension in Chanse(a the minimum of C-N Alaska s) zone:to 60-StaffRecommendatioE:Street foot wide from separation Bear Creek between
Subdivision the residential into the uses donq
the southem propertv boundarv and the rear of all buildines. Within the 60 feet
a 2S-foot wi3e landscane buffer. then drive aisle. and an edditional buffer at the
rear of the buildines is reouired. with an allowance for
access to loadins areac
for thgsmaUer retail building(S).on the southerst portion of the site withinthe
60 feet:
it Required the aonlicant to reolace the existing fence with the propertv owners'
consent along the southern boundarv of the site With
iii. Reouired the buildins oad pronosed at the comer of Stoddsrd a Gfoot tall and concrete Overland wall:
Road tq bp situated so that parkine is evenlv dispersed arourd the fronL rear
and sides of the buildine as shown on the conceot plan or situated closer to
Overland Road" similar to the structures depicted on the northeest portion of
the site:
iv. Did not require Alaskt Streetto be extended into the site as a oublic or uon-
nublic street but did reouire Aleska to be used as an emersencv access t oint end
pedestrian pathwav into the site.
d. Outstandine i. ACED Issue(and s) Citv for Staffwould Citv Council:prefer that Alaska Street be-extended into the site
ii. Anpronriate for vehicular mnins use: the desisnation(Commission s) for reouested this nronertv. that Alaska Street nat be extended:
uUiecteZ.rsust
A" Srmmervof Citvcouncil Pu ing.
i. fn avor:.tlmes Pr*tet
viii. vii. ConnentiuerXorc tn onnosttton:.ltm f t iye
ix. Wntte" teedmanv: wone
x. Stfff nresentt"g enrrli ndne
xi. Otherstrfcommenttngonrffi
tr KevtssuesofPtscusslm
i. fne e"tenston of l neaesmm
ii. fne lnnttcr"t's reoue* to
huttafug show on the
iii. fne numUer ottltt-rccms
S. fev Counctt Chlnses to fiOl
i, neou*ea rerr tuml
mutt ern tounalrv to t
mnterids:
ii. fte tarsest huttdlns
iii. fm
"umUer of mnal*
morelhusir
iv. Ihe ennttcrnt ntetl
tte souttern tmunaarv fm s
Queealaad Acres AZ-07-009 PAGE2
CITY OF MERIDIAI.{ PLANNIITdDEPARTMENT STAFFREPORT FORTTIEHEARINGDATEOF AUGUST 2I,2OO7
v. ttte hufer etong the so
Uitt tte nufrer e*amnte
vt I peaest-rn n*twav sltl
t tte soutt prooetv ttn
fignrl ftthe north rrropertulfuef
yit fte ston stsn reoulred rto i!
tine wrtt tte aatrcent m in
ErhihitA.L
viii. fhe secona stgr to the et
ttene-_*ea Concepf Ptm tn f
ix. A" mamon"t ston st
the rniln e$Uwest dnve ilste
ln
inaUtea on tne nevrsea Co
x. fneenUtcrntmnvtoceeth
3. PROFOSED MOTIONS
Approval
After coosidering all stafi, applicart and public testimouy I move to approve File Number AZAT-
009 as presented in the staff report for the hearing date of August 21,2W7, with the following
modifications: (Add any proposed modifications.)
Denid
After considering all staff, applicant and public testimony, I move to de,ny File Number A2,47.A09 as
presented during the hearing on August 21,2007, for the following reasons: (State specific r€asons
for denial of the annexation request.)
Continuance
After considering all saff, applicant and public testimony, I move to continue Fite Number l0-e7-
009 to the hearing date of (insert continued hearhg date trcre) for the following reason(s): (State
qpecific reason(s) for a contintrance .)
4. APPLICATION AITD PROPERTY FACTS
a. Site Address/t ocation:
This property is geirerally located on the souheast corner of S. Stoddard Road and W. Overland
Road inthenortheast % of section24, Township 3 Norrt, Range l west.
Refereirced as Ada County Tax Parcel Numbers: 51224120837, R7288000110, R?2880@100,
R7288000091, R7288000081, R7288000071, R7288000061, R7288000051, R7288000041,
R728 800003 l, R728 800002 1, R728 80000 1 l, and R728 800000 I .
b. Owner:
Janes Prather
707 E. United Heritage Parknay, Suite 150
Meridiaq Idaho 836,42
c. Applicant:
Same as owDer
d. Representative: James Prather (Applicant/owner)
e. Present Tnning: Rl aod RUT (Ada Couofy)
QueenlandAcres AZ474o9 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STATF REPORT FOR TIIE HEARING DATE OF AUGUST 2I, 2OO7
f. Present Comprehensive Plan Designation: Commercial
8. Applical$'s Statem€rxt/Justification: Please se€ the conc€ptual development plan and building
elevations (pictures) strowiag a few ditrerent sceoarios as to how the site might be developed. The
site plan ac€urately shows ingress and egress on Overland aDd Stoddad Road (if changes are
rnade, they will be minor). The Applicant is willing to work with the City and Brighton
Corporation if S. Alaska Avenue (the stub str€et at the south boundary) needs to be exteoded
although the residents in Bear Creek would prefer ttrat it not be extended. The square footage of
any building is very difficult 0o detemioe at this time; however, the bubble aad site plaa do show
conceptually how the applicant envisions the site developing. As of this date the Applicad does
not have a large user signed on. Without this knowledge it is diffrcult to determine how the rest of
the site will develop. (Please see Applient's narrative for more information.)
5. PROCESSFACTS
a. The zubject application rrill in fact constitute an annexation as daermined by City Ordinaace. By
reason of the provisions of the Meridian City Code Title ll Chapter 5, a public hearing is
required before the Planning & Zoaing Commission and City Council on this oatter.
b. Newspaper notifications published on: June 4h, 2OO7 and Jure 186, 2002 (Commis5i6a;' Jtrl,
30. 2007 rnd Ausust 13. 2007 (Citv Council)
c. Radius notices mqiled to properties within 300 feet on: May
25l[,2C/J7 (Commission); Julv 27.
2007 (Citv Council)
d. fuplicant posted notice on
site by: Ialy 3f,,2007 (Commissioa); August 6. 2007 (Citv
Council)
6. LANDUSE
a. Existing knd Usds): Single family rural residential; agricultural
b. Description of Character of Surrounding Area: This site is zurrounded by various commercial
usec (zoned CC, C2, & I-L) to the west, nortt\ and easl and residential homes to the south (Bear
Creek, zoned R-4).
c, Adjacent I-and Use and Zoning:
1. North: Commercial property (Mountain View Equipment, Boondocks, Veterinary Clinic),
zoned C4 and C2 (Ada County)
2. East: Commercial property (future Lowe,s), zoned GG
3. South: Single-family residential @ear Crcek Subdivision), zoned R4
4. West: Vacant (future retail) and commercial storage units, zoned Cc
d. History of Previous Actions: A portion of this property, the 12 rural residential lots, was
prwiously platted in Ada County as Queenland
Acres Subdivision; the 12 acre portion to south
bas not been prwiously platted.
e. Existing Constraints and Opportunities
l. Public Worls
Location ofsewer: The North East portiou ofthis project will sewer to W Overland
Road and the South plus North West portion of the projec,t will sewer to the Black Cat
Trunk
Location ofwater: Water is located irr W Overland road aod S Stoddard Road.
Contact City of Meridian Public Works for sizo and routing.
Queeolud Acres AZ.07409 PAGE 4
Issues or concems: None
2. Vegaation: There are existing tre€s on the site that should be protected or mitigated for
when this site develops.
3. Floodplain: This property is not within the floodplain.
4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the east boundary ofthis
property.
5. Hazards: Staffdoes not know ofany bazards associated with this prcperty.
6. Proposed Zoning: C-G
7. Size ofProperty: 22.67 acres
f. Summary of Proposed Steets and/or Access: The conceptual development plan submitted by the
applicant shows two firll access points and one right-in/right-out tolfrom W. Overland Road, and
two firll access points tolfrom S. Stoddard Road. A stub street (S. Alaska Avelrue) to
this property
exists and is shown on the plan at the south boundary of the property &om Bear creek
SuMivision. These access points and other access issues are discussed at logth in section l0 of
this report. Due to the fact that rhis is only an Annexation application, ACHD has
not submitted
formal conditions of approval ut this time. However,
due to the si"€ of rhis project ACHD drd
submit comnrents on this application that are inctuded in Exhibit B ofthis report.
7. COMMENTSMEETING
On June 1,2007, Planning Staff held an agency comments mecting. The agencies and d€partmeots
prcsent include: Meridian Fire Deparhleot, M€ridian Police Department, Me,ridian Public Works
Departmeot, and the Sanitary Serviccs Company. Staff has included all comments and recommeirded
actions in the attached Exhibit B. Because this is only an annexation applicatio4 there are no
conditions of approval; all applicable provisions are proposed in a Development agreement.
8. COMPREMNSIVE PI.AN POLICIES AND GOAI-S
]!e subjecr propedy is designated on the corrprehensive plau
Futue I.nd use Map as
"Coomercial" The Comprehensive Plan defines Commercial as: "This designatiou will provide
i firll
range of commercial and raail to s€rve area residents and visitors. Ur.s may include retail,
wholesale, service and ofEce uses, multi-family residential, as well as appropriate priblic uses such as
goveroment offices. !y'ithin thi5 land use category, specific zones may be created to focus
cornn€lcial activities unique to their locations. These zones oay include neighborhood commercial
uses focusing on specialized service for rcsidential areas adjaceot to that z6ue." The applicanr is
llultitr8 to rezoDe
this property to CC which staff believes is consistent with the Compieheosive
Plan Future Land Use Map designation for this propoty.
Stafr finds the following Cory-rehensive Plan policies to be applicable
to this property and apply to
the proposed developmeot (staffanalysis below poliry in ralics):
' I$Ye llat d:vqopm€rf
pmjects have planned for the provision of all public
services. (Chapter
Vtr, coal Itr, Objective d Action 1)
When the City established its kea of City Impact, it planned ro provide City services to the
subject prop*ty. The City of Meridian plans to provide-mntiapat sirvices to ite lands
proposed
to be annexzd in the following manner:
) Saninry sewer and water service will be extended to the project at the developer's
rynse.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T}IE HEARING DATE OF AUGUST 2I, 2OO?
Queenland Acres AZ{7-0O9
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
I The subject lands carrently lie within the juisdiction of the Meidian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian CiU Fire Departuent,
Y who The subject currently lands shares curently resource lie and within personnel the juisdiction with the Meridian of the Ada Rural County Fire Department.Sheifs Oflice.
Y Once The roadways annexed, adjacent the lands to will the be subject ser-viced lands by the are Meridian atrently Police orened Department and nainained (MPD)by . the Ada
D County The subject Highway lands District are ctrrently (ACIID)serviced . This service by the will Meidian not change.School Dis*ict No. 2. this senice
will not change.
Y The subject lands are c nenily serviced by the Meidian Library Distict. Ihis senice witt
not change and the Meidian Library District should sttffer no reyenue loss as a result of the
subject annemtion.
Chapter V[, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within
the TnrFast Area.
Staflin^ that the site is designatedfor Commercial on the Comprehensive Plan Future l-and
Use Map. Staf believes that over time, a variety of corurorcial and reail opporunities will be
proided ofl lhis site.
Chapter Vtr, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along
traasportation corridors (se{back, vegetation, low walls, beros, etc.)."
Upon development of the property, a mintrmtm 21-foot wide landscaped street bufer wil! be
required along W. Overland Road, classified as a principa! arterial street; a 2bfoot wide
landscaped street bufer will be required along s. saddard Road, chssifed as a collector street.
Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along traosportation
c,orridors.
staf believes that the proposed development is appropriate along the adjoining trarcportation
arridor (overland Road). rhis development project will be highty visible and help to defne this
area of the city.
chapter v, Goal III, objective D, Action 5 -
*Require all commercial businesses to install
aod
maintain landscaping."
a
9
Ihe Applicant is not specifcally proposing to install any landscaping with the subject atuexation
application. Upon developmcnt of this site, the Appticant will be required b c;nstruct interlul
and peimeter landsca|ting. said landscaping must be installed prior to ofa final plat
and/or Certificate ofOcatpanry ofthe proposed building(s) on ihis site.
. chapt€r W, Goal ! objective d Action - '?ermit new... commercial development only whae
urban services can be reasonably provided at the time of final approval and develoime,nt is
contiguous to the City."
This properry is contiguous to the city and sanitary sewer and wakr are readily available.
. chapt€r vtr, Goal rv, objective d Action 6: Require screening
and buffering of commercial and
industrial properties and residential use with transitional zoning.
Upon development of the property, a 21-foot wide land we ktfer wilt be required along the
south boundary of the sitc to provide a bt$er between the proposed cotnmercial
uses oj rte
property and the uisting residences in Bear Creek Suffiivbion thal dbut the site.
ZONINGORDINANCE
Qucenlad Acres 4,247409 PAGE
6
CITY OF MERIDIAN PLAI{NING DEfARTME},IT STAFF REPoRT FoR THE HEARING DATE oF AUGUST 21,2w7
a. Allowed Uses in Commercial Districts: LIDC Table ll-zB-2lists the permitte4 accessory, and
conditional uses in the C-G zoning dishict. Retail Stores, restaurants, financial institutions, fuel
sales facility, personal & professional services, among other uses, are listed as principal p€rmitted
uses inthe C-G zone.
b. Purpose Staternent of Tnne. The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Corprehe,nsive Plan. Four
Districts are designated which ditrer in the size and scale of commercial stnrctures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highwap.
c. Dimensional standards for the C-G zoning district, per UDC Table 1l-2E,-3: (Applicable upon
development of the property)
10. ANALYSTS
a. Analysis of Fac.ts l€dingto StaffReomme,lrdation
AZ Applicadon: Please see Exhibit D for daailed aralpis of the rcquird facts and frndings.
The aonexation legal descripiou submitted with the application fpree..eA
on April 3,2d}l,by
Lawrence Koerner, PLS) shows the property adjacent to the existing corporate bo*dary of m"
Cityof Meridian
Parcel Configuntiory The subject 22.67 aqeprop€rty consists of twelve residential lots, zoned
Rl, that were platted in Ada Coung as Quee,nland-AcrE
Subdivision- Also included to the south
of Quenland Acres Subdivision is a
12 acre un-platted parcel in Ada County, zoDdRIlT. Ihe
site currently Fl *^ existing homes and associated outbuililings on ii as well as some
agricultural land. In order to strbdivide this prop€rty to coincide with the proposed
site layou! the
Applicant can apply for an administrative Property Boudary A{ushent tpnel
applicatiolr to
relocate/resrove some of the existing prop€rgrfin; to accommodate the future if"riop.*t of
this property or subdivide the property th-ogh one of the four platting processes
fpririminary
Front setback ( in fe€t) 0
Reqr setback (in fe€t) 0
Interior side setback (in feet) 0
Steet ladscape butrer (in feet)
I.ocd l0
Collector 20
Afierial 25
UnAscape buffer to residotial
uses (in feetl"+
25
Maximum building heisbt (in fe€r) 65
Maximum building size withott
design standard approval as set
forth in I l'3A-19 (in square feet)
200,000
Parking require,ments See Chapter 3 Article C orr-srneer PARKTNG
I.OADINq REQLIIREMENTS
AND
Iandscaping requirements See Qlapter
3 Article B I-ANDSCArINc REQI.JIREMENTS
Quccnland Acres AZ{7-009
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T}IE HEARING DATE OF AUGUST 2I. 2OO7
plat, final plat, combined aod final plat, or short plat) outlined in UDC ll{B. To
configure the propedy through a PBd the Applicant would rced to vacate the existing easements
platted with Queenland Aores Subdivision. Although not require4 Staff
zuggests the property be
platted though ooe of the methods outlined iD LIDC I I {B as a 'tleaoer" way of creating parcels
to accommodate the dwelopment of the prcperty.
Zoning Districts3 J!6 Afrprlicant is requesting that the entire site be zoned C.G. The
Comprehansive Plan Future I-aod Use Map desigrrates this property for commercial use. The
requested CC zone is consistent with the laad use designation for this property. However, there
are three differ€nt comrercial zoning designatioos that arc consisteot with the commercial land
use designation: C-N (Neighborhood Business District); C{ (Commrmity Business District); and
CC (G€neral Retail and Service Commercial District). The C-N zone allorvs less intense uses,
while the C-G zone allows more intense uses. The Comprehe.nsive Plan enmurages mryatible
us€s to mirimize conllicts and maximize use of land. The Plan also srpports screeoing aud
buffering of commercial properties and resideatial uses with uznsitional zoning. The Applicant is
proposing as required by the UDC, a Z5-fool wide land use bufier to the adjoining residences
along the entire south boundary. However, a transitioul zodng district (e.g. -
LO or C-N) is not
proposed along the south boundary.
A letter and paition with 236 signafires bas been submitted to the City by the Bear Creek
Homeowners Associatiou (I{OA), dat€d July 9, 2007, in response to this
gprpllcatisrt" The later
requests that the City Cormcil either vote in opposition to or consider more coryatible zoning
(i.e. higb density residential or C-N zone) for the proposed development to provide more of a
transition in zoning between the proposed commercial uses and the existing residential properties.
In consideration of the HOA's conceros, Staff rwiewed the allowed uses in both the GN & CC
zooes contained in UDC Table 11-28-2 and detemind the following: Raail uses, r€staurants,
financial irstitutiors, aad personal or professional services are examples of uses that a.e
permitted in both the C-N & C€ zones; fuel facilities are conditional uses in the C-N zone and
outright pomitted in the C4 zone; building rnaterial, garde.u equipme,nt and nrpplies (such as
Lowe's) is a conditional use in the C-N zone and permitted in the C€ zone; laundry & dry
cleaaing is prohibited in the G'N zone and p€rmitted in the C4 zone; and vehicle washing
facilities are a conditional use itr the C-N zone aod permitted in the C.G zone. Additionally, the
UDC requires that buildings over 7,500 square fcet in the C-N zoae corrply with design standards
as listed in UDC 1 I -3A-l 9 (note: Slaf is including a Da,elopment Agreement provision
for all
future buildings o this ite to comply with desigtr standards because of the site's location on a
highly visible transportation corridor into the City). Further, the UDC requires a 25-foot wide
buffer to adjoining land uses in Oe CC zone and only a 2Gfoot wide buffer in the C-N zone. The
Apptcant is proposing retail uses on all of the buildings shorm on the concqrt plan along the
south boundary of the site adjaceirt to Bear Creek Subdivision. Because retail uses are permitted
in both the C-N and CC zones, because Staff is requiring administrative desip revicw approval
for all futue buildings on the site as reguired in the C-N zone for buildings over 7,500 square
feet, and because a greater buffer width to adjoining land usc,s is required in the C4 zong Staff
does not beliwe that there is any benefit to zodng this prcp€rty to C-N. However, to ensure tbat
future uses on this site along the south boundary are not doveloped in a more intense &shion thao
proposed with this application or with uses tbat are not outright pemitted in both the C-N and C-
G zones, Staff is including a provision in the Development Agreemeirt that prohibits uses on the
southera portion of this site south of the northernmost firll access drive tc/from Stoddard Road
shown on the concept plan as follows: fuel sales facilities; building material, garden equipmeot &
supplies; aad vehicle arashing facilities. Staff beliwes that Dore intense uses, such as those
mentioned, allowed in the CC zone are appropriate along Overlaod Road but not appropriate as a
transitional use adjacent to the existing residences. Further, to provide a buffer between the
Que€! and Acres A2.07{)9 PAGE 8
CITY OF MERIDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I. 2OO7
proposed commercial uses and the existing residences in Bear Creeh the Applicant must comply
with UDC 11-38-9, Landscape Buffers to Adjoining Uses, and irutall a mix of evergreeos and
deciduous trees, and shrubs to result in a banier that allows trees to touch at the time of maturity.
Additionally, to enhanc€ the buffer, Staf is requesting that a 6-foot tall solid fence be installed
where uone currently exists along the south bormdary ofthe site and that said Gnce be rraintained
by the Applicant staff is includirg in the Development Agreenent uses thrt tre prohibited
along the southern portion of thlc site.
cgncept Plan: The applicant submitted two conc€ptual site plans for this site. The first plan
(shown in Exhibit A.2) shows how the site will conceptually lay out with two large retail ;ites
consisting of one l2-acre property aod oue 5 acre prorperty, and two retail pads consisting of
1.5
acres and 2.5 acres, with two access points to overland Road and 2 access points to stoddard
Road. The second plan (shown in Exhibit A.2) shows rhe saoe general plan but inoludes
corceptual building footprints, parking, landscape. buffas, ht€rnal access drives, and access
points to/tom the site.
After carefully reviewing the conceptual site plan, Staffbas identified various issues and conccps
tbat need to be frrthet discussed and mitigated/conditioned for. Staff is aware tlat the proposed
plan is only conceptual in oaturc, but Stafr believes that there are some concepts tbai are not
currently proposed tbat would be appropriate for this site. These additional concepts, and the ones
proposed are discussed below.
To begirq the concept plan proposcs approximately 207o00 square feet of retail space consisting
of one big box redail building space and one mid-range box Eulti-tenant build;ng space with three
t€nant spac€s along the southern portion ofthe site. The laryest of the r€tail spaces is proposed to
be 125,000 square fee and is desiped to house a national rcailer thai will'anchor the
developr,ent. The mid-range multi+enant building space is propos€d to b€ 60,000 square feet and
is designed to house three te,aants. Additionally, the colcept plan proposes appror.imatety 22,000
square foet of commercial pad space consisting of two 6,000 square foot pads and oni 10,00O
square foot pad along overland Road. strfr ,r including e development rgreernent provision
that limits the siz.e of buildings wlthtn this development to l57o over or under the rize
shown on the concept plan
Access: A major aspect of the cooccpt plan is the prorposed
vehicular access to,/ftom the site and
internal drive aisle.s and parking. Access to the site is prqrcsed from two fi.rll
access points and
one right-in/right-out access to/ftom overland Road, and two fi{l aocess points tor'aom stoddard
Road. Additionally, a sipsralized firll access point to overland Road is proposed
just off-sitc to the
east s,ith the Lowels to ACHD's report; Overlatrd Road is being
widened to a 5-lane facility with bike laaes and curb, gutter, and sidewalk; stoddard Road is
a 2-3
lane roadway near the site; and the Stoddard/Overland Road intersestion will be widened as part
of the overlaad Road project and tbe iat€rsection will be sipalized. staff does not objecl tothe
proposed access points to/from the site; howevcr, the Applicant should obtain approvat tom
ACHD for the access points shown on the concrpt plan
There is an existing public stub stseet (Alaska Street) at the southeast
qotn€r 6fthis site that was
constucted with Bear creek suMivision. This stre€t was provided to the zubject propcrty for
inter-connectivity between Bear Creek and ihis cornmercial dwelopment. Staff is
supportive of
this stub street being ext€(ded futo the site. Further, staff is supportive of the extensiontf Alaska
street as a drive aisle and not a public street, staff is conc€rned abortr creating a vebianlar path
that encourages vehicles outside of this section to cut-tbnough Bear creek to get to the
commercial land uses along ovedand Road, The configuration of the drive aisles shown on the
concept plan do not create a direct rcute to the full access poims to overland Road via Alaska
Street, and thus should not creatc a thoroughfare for cut-tbrough traffic. To further
Que€olad AqEs A2.07-009 PAGE 9
CITY OF MERIDIAN PI.ANNING DEPARTMENT STAFF REPORT FOR THE HEARINC DATE OF AUGUST 2I, 2OO7
curthrough traffic, Staff is in favor of installing a "local access only'' sign near the Alaska Steet
stub street along the south bouodary.
Granting public cross-access to/ftom Alaska Street will allow the traveling public ftom Bear
Creek Subdivision to access the cornmercial uses on lhis site, and €osures that the drive aisle
caonot be closed to the public in the future. Due to the configuration of the property, a 6oss-
access and cross-parking agre€nr€nt should be requircd tbat benefits all parcels within this
development. Additionally, a cross-acc€ss easeErcnt should be granted to the adjacent
development to the east (Lowe's) aod to/from the public shrb str€et (Alaska Stre€*) out to
Overland Road. Strfr is including Development Agreement provicions as discussed in l\ts
section.
ParHng Iot Layout: As shown on the concept plaq therc are two building pads that abut
overland Road at the northeast comer of the site and one building pad on the comer of stoddad
& Overland that is set baek approximately 90 feet from the comer. Staffis in favor ofthe location
of these pads as they allow for the buildings to be located close to the stseet with the majority of
the parking to be placed behind or at the sides of the structures, creating a bAter curb appeal for
the site than a sea of parking. Additionally, the intemal full access drive aisles to the uorth and
west of the main r€tail building should be constructed as showu on the plan m that vehicles
pulling out of parking spaces atE not backing out into the drive aisles. Stafi is inclurfing
Development Agreement provisione as discussed in this se$ion
Site Design: This site is located in a very visible location. The importance ofrhis locatiotr makes
quality desip esseotial. The Applicant has submitted cooceptual building elevations (photos) of
what some of the structures on this site may look like. To ensure e minimum destgn standar4
strff is indu,ring a Development Agreement provislon for ell bnildings withht the
development rnd site improvements to be subject to admtnistradvc design review ec defined
in t DC 1f-3A-19. (Note the internal buitdings shall not be eubject to the &foot wide
pedesbian pathwry requirement, to the edjacent sidewalk)
Laudscaping: Although the desip of rhis project is only conceptual, staff believes there
are
some landscape el€Nn€r s that should be discussed at this eady stage. The following tandscaping
elements should be included in the conc€pt plan for this site and included as Developno.ent
Agreement provisions.
r The comprehensive Plan Futue Iand use Map depicts a multiuse pathway that runs
through this prop€rty from overland Road to tbe stub street location ai the south
boundary. A lO-foot wide pathway sball be exteoded from the south bormdary at Alaska
street to the sidewalk on overlaad Road. where the multiuse pathway crosses a drive
aislg the pathway shall be distinguished from the vehicular driving suriaces tbrough the
o use uD9 ofpavers, 1l'2B-3 colored requires or a scored 25-foot concrete, wide landscape or bricts.buffer be coDstnrcted along overland
Road in accordance with the standards in uDc I l-38-7. The buffq sbau be locatea
within a
"or,,'on
lot or a permaneot easeme maintaired by the property owtrer or
oassociation UDC business I l-2B-o*oers' 3 requires a 20-foot wide landscape buffer be constsucted along Stoddard
Road in accordanoe with the standards in uDc ll-38-7. The buffer shal le locatetl
witiin a oonuron lot or a p€rman€nt easem€ot naintaioed by the property owner o[
o UDC business 1l-o*2B-ners' 3 requires assooiation-a 25-foot widc landscape buffer between residential
uses aod
properties zoned c{. This buffer should be designed and coostuctcd iu accordance with
UDC I 1-38-9 and be placed along the e,ntire southem boundary ofthe siG adjacent to the
existiag residences in Bear Creek Subdivision.
Quearhnd Acres AZ07{09
PAGE IO
CITY oF MERIDIAN PLANNING I,IIARTMENT srAFF REP0RT FoR TnE HEARINI: DATE oF AUGUST 21, 2007
. The applicant should comply with auy other landscaping standards described in the UDC,
including but not limited to UDC 11-38-8 which outlines the standards for parking lot
landscaping.
Design Standards: Because this site is located 61 3 highly visible transportation coridor, Sta{f is
requesting as a provision in the DA that all skuctures within the development b€ subject to the
design standards listed in UDC 1l-3A-19C as follows:
Architectural Character:
a. Facades: Facades visible from a public steet shall incorporate modulations ia the
fagade, roof line recesses and projectioDs along a minimnm of twenty
p€rc€nt (20o/o) of
the length of the facade.
b. Primary public entraoc{s): The primary building entranc{s) shalt be clearly defined
by the architectural design of the building. Windows, awnings, or arcades shall total a
minimttm of thirty petcent (30%) of the facade length faciog a public street.
c. Roof lines: Roof desip shall demonstrate two onnore of the following: a)
ovefiarging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parape
heights; and e) cornices.
d. Pattem variatioDs: At least two (2) changes in one (l) or a combination of the following
shall be incorporated into the buildi"g desip: color, texture and/ materials.
e. Mechanical equipmelrt: All groundJwel and rooftop mechanicd equipment shalt be
screeDed to the height ofthe rmit as viewed from the property line.
2. color and materials: Exterior building walls shall demoDstrate the appearance of high-
quality materials of stong bric( wood or oth€r Dative matsials. Acc€ptable materials
include tinted or texhl€d masonry bloch textued architectural coated concrete panels,
tinted or textued masonry block, or stucco or stucco-like synthetic materials. Smooth-faced
concrete bloclg tilt-up coocrete panels, or prefabricated steel panels are
prohibited except as
accent materials.
3. Parking Irts: No more than severty p€rcent (702o) of the off-stre€t parking area for the
structure shall be Iocated between the front fagade of the stmcture aad abutting streets,
unless the principal building(s) and/or parking ivare screeared from view by other
struchres, landscaping and/or boms.
4. Pedestrianwalkways:
a' A continuous intemal pedeskian walkway that is a minimum of eight feet (g,) in width
shall be provided from the p€rimet€r sidewalk 16 ftg rnain
building ;tr;ce. The
walkway width shall gs miintained
clear of any outdoor sare diiplays, vending
machires, or temporary shuctures. (rlis requirement shall not apply to itt" l"jt*rur pra
sites.)
b. The, intemal pedestrian walkway shall be distinguished from the vehicular drivirg
zurfaoes through the use ofpavers, colored or scored concrete, or bricks,
c. walkways at least ei+t feet (8') in widtb, shall be provided for any
aisre length that is
greater than one-hrmdred fity (150) pa*ing spaces or two hundred feet
(2d0,) away
frpm 1[s rnein |uilding entrance.
d. The walkways shall have weathrcr protection (including but not limited to ao awniog or
arcade) within twenty feet (20,) of all customer eotrances.
PAGE I I
Que€rdand Aq€s AZ47-009
CITY OF MERIDIAN PLANNING DEPAR'TMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I,2OO7
Certificate of Znning Compliance: Tbe pupose of a Certificate of Zoning Compliance (CZC)
permit is to eDsure that all construstioD, alteratioas aadlor the establishment of a new use corylies
with all of the provisions of the UDC before any work on the structure is started and/or the use is
established (uDC 1l-5B-lA). To eirsure that all of the provisions in the developmeut agre€,Dent
(see below) are complied wrtlU the City requires tbat the ap,plicant obtain CZC approval from the
Plaoning D€paxhrerf prior to site development; all site and lantlscaping improvements must be
installed prior to occupancy.
Development Agroemetrts A Development Agre€xnent @A) will be
required as part of annexation
of this property. Prior to annexation approval, a DA shall be entered into between the City of
Meridian, the property owne(s) at the time of annexation ordiDsnce adoptioD, and the dweloper.
The applicant shall contact the City Attomey, Bill Nary, at 8884433, wirhin 6 months of City
Cormcil approval to initiate this process. The DA shall includg at minimum, the following:
a
a
!
All future uses shall not involve uses, activities, processes, materials, equipment atrd
conditions of operation tbat will be detrimental to any pemons, Eop€rty
or the general
welfare by reason of excessive production of traffig noise, smoke, fumes, glarc or odors.
AII future developrent of the subject prop€rty shall comply reith City of Meridian
ordinances in effect at the time ofdevelopment.
The applicant shall be responsible for all costs associated with sewer ard rvat€r service
installation.
Prior to issuance of a Certificate of Zooing Coryliance for the fust building on this
site, provide City Staff with a copy of a recorded documen(s) gatrting vehiorlar cross-
access aDd cross-parking between the properties on this site; granting cross-access !o
the adjacent devel@ment to the east orwe's); and granting public
cross-access to/from
the saib street (Alaske Streer) for the benefit of rhe raveling public.
The public sn.rb street (Alaska Stree$ ia Bear Creek SuMivision aloog the south
property boundary shall be extended as a non-public street into this
site. To discourage
cut-through traffrc, 'local access only' signs should be imtalled near the stub street
(Aleska Street) along tlre south bomdary. At no time shall coustuctioa traffic associated
with the developmeirt of this site be allowed to access this site using Alaska Street
Acc€ss points tolfrom the site are limited to those shown on the concept plan unless
otherwise restricted/approved by ACHD.
The drive aisle legs off the intemal full access points to/ftom Overland Road and
to/from Stoddard Road, to the north end west of the main retail building, shefl be
cosstncted as shown on the concept plan so that vehicles pulliag ort of parking pa.ces
are not backitrg out into tbe drive aisles.
The two building pads Sown on the concept plan at the northeast correr of the site
should have no parking stalls between the buildings and Overland Road.
The building pad proposed at the oonrer of Stoddard & Overland should be sitrtated so
tbat parkirg is evenly dispersed arorod tb front, rear, ard sides of the building as
shown on the corc€pt plan.
The app[cant shall bs rcspsnsl61e to obtaitr a Certificate of Zoniag Coopliance (CZC)
permit and admioistrative desip rwiew in accordance with the standards listed in UDC
1l-3A-19, prior to all D€w cotrsfuction on the subject property. (NOTE: Tbe internal
buildings shall not be subject to the 8-foot pedescian walkrx,ay requirement !o the
perimeter sidewalk)
Developmeot of this site shall be gernrally consistent widr the conceptual building
elevations (photo9 ard site plan submined with this applicarion. tdividual buildiogs
within this developrrent sball be limited to 15% over or under the sizes shown on the
Qu€€r and Aqts AZ-07-009 PAGE 12
CITY OF MERIDIAN PLANNTTIG DEPARTMENT STAFF REPORTFORTHE HEARING DATE OF AUGUST2I,2OO7
concept Plan ard the minimum ntrmber of buildings
allowed on the site shatt be five, as
o The shown following on the concept uses shall plan.be prohibited along the southern portion of this site, south of
the northernmost full acoess drive to/from Stoddard Road shown on the coneept plan:
fuel sales facilities; building material, garden equipment & srpplies; and vehicle
o washing Constnlct facilities. a 25-foot wide landscape buffer along Overland Road in accordance with the
o staodards Constnrct in a LIDC 2O-foot ll-38-wide 7 landscape .bulfer along Stoddard Road in accordance with the
o Constuct standards in a 25-UDC foot ll-wide 3B.-?landscape . buffer betwee,n residential uses and properties zoned
C-G. This buffer shall be desigued and constructed in accordance with t DC 1laBg and
be placed along the entire southern boundary of the site adjacelrt to the existing
oSubdivision reside,Constn:nces ct a in Bear 6-foot Creek tall solid fence, wherre none currertly exists, along the southern
boundary of the site to assist in providing a buffer to the residences in Bear Creek
SuMivision in addition to the landscaping require,me,lrts listed in LJDC ll-3B-gca&b.
o Fencing The aprplicaot along the shall southem comply boundar5r with all shall landscaping be maintained standards by the describd Applicant.in UDC ll-38,
including but not limitd to UDC I l-38-8 which outlines the standards for parking lot
o Prior landscaping. to issuance of the first Certificate of Occupancy, constnrct a multi-use pathway
from the sidewalk on the stub street at the south boundary (Alasl€ Street) across the site,
out to the sidewalk on Overland Road. The applicant shall design and constuct the
multiuse pathway in accordance with UDC llSA-8 and in conjunction with the Parts
Department's standards. Additionally, where the pathway criosses drive aisles, the
pathway shall be distinguished from the vehicular &iving surfaces tbrough the use of
o pavers, The trees colored that or currently scored concrEte, exist on or this bricks sils (not shall paint).
be retained or mitigation stratl be
provided in accordance with UDC 1l-38-10. The applicant shall work with fu Parts
and Recreation Department regardiqg the removal or repliacenrnt of any fiees on this
site .
b. StaffRecomme,lrdation: Stafr recommends approval of the proposed aurerition application
(A2A7409), su$ect to the Development Agreement provisions listed in Exhibit B. IIE
Itz[,e-{tdiFn PtannEr & Zopiur Commission
heild this item on June 21. 2U)7 and Julvlt:
20,0?. At lhe
nublic hear4ng,gn Jutv 19. 2007 thev moved to recomm. end reerovit of ths
oubiect AZ requqst to the City Council Tfte MertOiar. iifv Elu"m
lugufi"l-"0O7. Atthep
U. EXHIBITS
A. Drawings
l. Viciilty/ToningMap
2. Conceptual Site Plans
3. Examples of Conceptual Building Elevations (photos)
C. n'r-"U
"f
nuf"r- m
B. Agency Commelrts
Quecnland Acrcs A2.07-009
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAIF REPORT FOR THE HEARINU DATE OF AUGUST 2 I
, 2OO7
1. Planning Department
2. Pubfic Wodcs
3. Fire D€.partmed
4. Police Departtnent
5. Ada County Highway District
C. Legal Description & Exhibit Map
D. Required Findings from Unified Developme.nt Code
Queer snd Acr6 AZ{7-009
PAGE 14
CITY OF MERIDIAN PLA}INING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF AUGUST 2I, 2OO7
A. Drawings
l.YicnitylZnningMap
BXIT
Exhibit A
PAGE 15
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CITYOF MERIDIAN PI.ANNINGDEPARTMENT STAIT REPoRTFoRTI{E HEARTNG DATEoF AUGUST2I,2OO7
2. Conceptual Site Plans
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3. Exarnples of Conceptual Building Elwations (photos)
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PLANNING DEPARTMENT
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a. n-mnte of mfers t
ExhibitA
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2 I
, 2OO7
B. Ageocy Comments
1. I,LANNINGDEPARTMENT
1.1
t.2
The annexation legal description submitted with the application (prepared on April 3, 2m7,by
Lawrence Koemer, PLS) shows the property adjacent to the existing corpolate boundary of the
City of Meridian.
Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement
with the City. Said Development Agreement shall be sigped within 6 months of the City
Council's approval ofthis application and shall include the following provisions:
All firture uses sball not involve uses, activities, prcoesses, mataials, equipment and
conditions of operation tbat will be de{rimental to aoy persons, property or the general
welfare by reason ofexcessive production oftraffic, noise, smokq fumes, glarc or odors.
AIl future development of the subject pop€rty shall comply with City of Meridian
ordinances in effect at the time ofdevelopmeot.
The applicant shall be responsible for all costs associated with sewer and water service
installation-
Prior to issrance of a Certificate of Zoning Corryliance for the fust building on this
site, provide City Staff witt a copy of a recorded document(s) granting vehianlar cross-
access and cross-parking between the properties on this site; and granting cross-acoess
to the adjac€nt developrcnt to the east (Lowe's@
to/from the ssb E'-e€t (ruaskr SEeEg fer *re
ref,efi+ef the treyel:-E pEblie.
The public shrb street (Alaska Stree9 in Bear Creek Subdivision along tbe south
property boundary shall not be exterded as a nrblic or tronfublic street hto this site
but shall be used as an emerelncy &s polnt ard pedestrian
pathwav lnto the
site. To dis€eura8e eEt thre"gh treffie; ''e€d oeeess €rr)." -.ig- *sdal be
:-*Usd
@g the -sE*r bousdaft+ At no time
shall
consfuction tmffic associated with the development of this site be allowed to acc€ss this
site using Alaska Steet.
Access poinrc to/from the site are limited to those shown otr the conoept plan unless
otherwise restricted./approved by ACHD.
The drive aisle legs off the internal firll acccss points to/ftom Overlard Road and
tolfrom Stoddard Road, to the north end west of the main rctail building, s}lrtt
be
conslructd as shown on tbe conc€pt plan so that vehicles pulling out of parking qaces
are not backir8 out into tb drive aisles.
The two building pads shown on the concept plan at the northe3st corrrcr of the sitc
should have no parking stalls between the buildhgs and Overland Road.
'Ite buildihg pad prolrosed at the comer of Stoddard & Ov€rlad should be situated
so
that parking is wenly dispersed around lhe front, rear, and sides ofthe biuilding as shown
on the conc@t plao or sihrted ctorer to Over.lrnd Ro.d" similar to thc structuref
deoicted on the northeast rortiou ofthe gite
Prior to issuance of the first Certificate of Occupancy, coDstruct a multi-use paihway
from the sidewalk on the stub steet at the south boundary (Afaska Sfee) across the sitg
out to the sidewalk €E rl.:the-trrffigdglllon Overland Road. The applicaat sball design
and construct the multiuse pathway in accordaoce with UDC I l -3A-8 aod in conjunction
with the Parb Deparhnent's staodants. Additionally, where the pathway crosses drive
aisles, the pathway shall be distinguished from the vehicular driviog surhces through the
use ofpavers, colored or scored concrete, or bdcLs (!ot pairt).
a
a
a
Exhibit B
CITY OF MERIDIAN PI.A}.INING DEPARTME}IT STAFF REPORT FOR TTIE HEARING DATE OF AUGUST 21,2Cf7
a The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
pennit and administrative design review in accordance with the standards listed in UDC
l1-3A-19, prior to all new consbuction on the subject propeny. (NOTE: The internal
buildings shall not be subject to the 8-foot pedestrian wallsray requirernent to the
perimeter sidewalk)
Development of this site shall be generally consistent with the concepnral building
elevations (photos) and site plan @{ieatien attacUa in fxniUit A
of-this-Jcpetl. &a$ionatlv. tne rear etevation of tne hrqest builfu proposed
atone the southern bormd8rv sha[ have horizotrtal bandirq and/or in.ft&
varietv of materials. Individual buildings within this development .shatt be limited to
15% over or under the sizes shown on the concept plan excent for the lrrsest buildbg
oaa wmcn sUU not exceeO tZO.Om souare feet. and the minimum number of
buildings allowed on the site strall be rcls_tha[
four ana no more tnan str
The following uses shaU be prohibited along the southern portion of this site,
south of
the northernmost full access drive to/from Stoddard Road strown on the concept plan:
fuel sales facilities; building material, garden equipment & supptes; and vehicle
washiqg facilities.
Constnrct a 25-foot wide landscape buffer along Overland Road in accordance with the
standards in LJDC I l-38-7.
Constuct a 20-foot wide landscape bufter along Stoddard Road in accordance with Oe
standards in UDC I 1-38-7.
€G A 60-foot rYide senaration is reouired between the residential lots alons the
southern Dropertv boundarv and the rear of all buildinss. Within siid 60 feet a 2$
foot wide landscape buffer shall be conetructed at the south nropertv line. then a
drive aisle and then an additional buffer at the rear of the buildinss. with an
allowance for access to loadins areas
for the smaller rettil buildins(s) on thg
southeFst portion of the site. Sda mfer sttrtt
e-rmnte snnwn tn nrm Landscape bulfers shall be designed and
constucted in accordance with IJDC I l-3B-9
ivisien.
Ueungaqf€f*o€ise Replece the existins fence. with t[e nropertv olyrers' coment
elons the southern bourdarv of the site with a 6foot tall concrete wall to assist in
providing a buffer to the residences in Bear Creek SuMivision in adfition to the
landscaping requiremelrts listed in LJDC I l-38-9ca&b. @
The applicant shall coryly with all landscaping standards described in UDC ll-3B,
including but not limited to UDC ll-3B-8 which outlines the standards for parking lot
landscaping.
The trees that currenfly exist on this site shall be retained or mitigation shatl be
provided in accordance with UDC l1-3B-10. The applicant strall work with the Parts
and Recreation Deparhent regardiqg the removal or replacement of any trecs on this
site.
a
a
a
o
o
2. PUBLIC WoRIG DEPARTMENT
2.L Sanitary sewer sernice to this development is being proposed via exte,nsion of mains in to W
overland Road and main to be installed to the Black Cat tnrnk The applicant shall install mains to
Exhibit B
a
a
CITY OF MERIDIAN PLANNING DEPARIMENT STAFF REPORT FOR THE HEARINC DATE OF AUGUST 2 I
, 2@7
2.2
2.3
2.4
2.5
2.6
,'1
2.8
,o
2.10
and through this subdivision; applicant shall coordilate rrain size and routing with the
public
Works Depar&rent, and execute standard forms of easeoeots for any mains {61 are reguired to
provide sewice. Minimum cover over sewer rneins is tlure feet, if cover from
top of pip€ to sub-,
grade is less than three feet rhan
alternate materials shall be used in conformance of City of
Meridian Public Works Deparhents Stlrdard Specifications.
Water service to this site is being proposed via extension of mrins in W.
Ovedand Road and S.
Stoddard Road. The applicant shatl be responsible to install wat€r meins
to and through this
development, coordinate main size and routing with Public Works.
Any potential reimburse,ment agreements must coryly with all requiremeots of city code 9-l -13
and 9-4-19, which includes the prelimiaary agreement (which includes footage, size, aad depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reirnbursable amount shall be approved by Council prior to plat signature.
The applicaat shall provide a 20-foot easeoceot for all public waterlsewer mains outside
ofpublio
right ofway (include all water services and hydrants).
The applicant has not indicated who will own and operate the pressure inigation system in this
proposed dwelopmerf. If it is to be maitrtained 35
6 private system, plans and specifications will
be reviewed by the Public Works D€partu€nt as part of the consfudion plan review. A
*draft
copy'' of the operations and mainte,r^nce manual will be required prior to plan approval
with the
"final draft" being requfued prior to finel plat signatue on the
last pbase oathis project.
If it is to be owned and maintained by an Irrigation District theo a lett€r ofplan approval shall be
submitted prior to scheduling of a pre-constuction meeting.
The City ofMerirlian requtes that presswized irrigation systears be supplied by a
year-round
source of water (uDC I I -3A{). The applicant should be required to use any existiug surfac€
water for the prirnary source. Ifa surface source is not available, a singleaoint conrrection to the
culiaary water systean shall be required. Ifa single-point coDo€ction is utilized, the developer will
be responsible for the payrnent of assessments for the common areas prior to signature
on
-the
final plat by the City Engine€r.
Meridian Public Works specificatioos do not allow any large landscaping within a five foot radius
of water met€rs. The applicant shall make the necessary adjustnents to ichieve this
separation
requir€rnent and comply with all landscape requireinents.
Any existing domestic wells and/or septic systems wirhin this project shall be removed ftom
domestic service per city ordinance section 9-14 aod 94-8. wells may be used for non-
domestic purposes such as landscape irrigation.
Per UDC I l-34-6 all irrigation ditches, laterals or ca::als, exclusive ofnahral waterways, that
internect, cross or lie within the area being developed shall be tiled.
CITY OF MERIDIAN PIANNING DEPARTMENT STAFF REPORT FOR TI{E HEARING DATE OF AUGUST 2I, 2OO7
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.11 A letter of credit or cash surety in the amount of I l0% will be required for all uncompleted
required improveraents pdor to sipature on the final plat. These include but 6re asf
limifed f6,
fencing, lantlscaping, aurenities, pressurized irrigatioo, sanitary sewer, and water.
2.12 Sewer, wat€r, pressurized irrigation, and any life safety development improvement shall receive
frral approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates ofoccupancy
2.13 Applicant shall be requted to pay Public Works development plan review, and construction
inspection fees, as determined during the plan rwiew process, prior to signature on the final plat.
2.14 It shall be the responsibility ofthe applicatrt to ensue that all development features corrply with
the Americaos with Disabilities Act and the Fair Housing Act.
2.15 Applicant shall be responsible for application and coryliance with and MDES Permitting tbat
may be required by the Environmental Protection Agency.
2'16 Applicant sball be resporsible for application and compliance with aay Section 404 Permitting
that may be required by the Arrny Corps ofEngineers.
2.17 Developer shall coordinate rnailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant sball comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.18 Compaction test results shall be submitted to the Meridian Building D€partmeot for all building
pads receiving engineered backfill, where footing would sit atop frll Daterial.
2.19 The engineer shall be requted to certiry that the street c€nterlirc elevatiom are set a minimum of
3-feet above the highest established peak groundwater elozation. This is to €nsure that the bottom
elevation of the crawl spaces ofhomes is at least l-foot above,
2.20 One hundred watt, high-pressure sodium streetlights, on 25'pole shall be required on all public
residential stre€ts. Two-hundred and fifty watt high pressure sodium stredlights, on 30, pole
sball be required on suMivision entauces and collector roadways. Design ofthe stree{lights shall
be approved by the Public Works Depadm€,nt. Decorative lighs require a streetlight agreement
on file with Public Works prior to activation All streetlights shall be installed at subdividet's
expense. Tlpical locatioDs are at strcet intersections and/or fire hydrants, and 1s fiuth€r rhan
400' distance in betweeo locations. Final desip locations 4nd quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public works Department, and permit from Buil.ling Depadment prior to
commencing installations.
3. FRE DEPARTMENf
3.1 Acc€ptance of the water supply for fire protection will be by the Meritlian Fire Department
and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final
a.
b.
c.
d.
e.
f.
Approval ofthe fire hydiant locatioDs shatt be by the Meridian Fire Departmeot.
Fire Hydrants shall have the 4 %" outlet face the mairr strcet or partcing
lot aisle.
The Fire hytlmnt sball not hce a shed which does not bave atldrcsscs on it.
Fire hydrant markers shall be provided per
pubtic Worls specifications.
Fire Hydrauts shall be placed on corners when spacing permits.
Fire hydrads sball not have any v€rtical obstuctions io outlets within 10,.
Ffue hydrants sball be place 18,' above finish grade.
Exhibir B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T}IE HEARING DATE OF AUGUST 2 I
, 2OO7
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
g. h. Fire Show hydrants all proposed shall be or provided existing hydrants to meet the for requirements all new constructioo ofthe IFC or Section additions 509.to 5. existitrg
buildings within l,000lbet oflhe project.
Any roadway greater than 150 feet in leryth tlrat is not provided with an outlet shall be required
to have an approved tum around. Phasing of the project may require a temporary approved tum
arouDd on stre€ts greater than 150' in length with no outlet.
All entrance and intemal roads and alleys shall have a tuming radius of28' inside and 4E' outside
radius.
Operational fue hydrants, teoporary or perman€nt street signs and aca€ss roads with an all
weather surface are required before combustible construction is brought on site.
Commercial and ofEce occupancies will require a fire-flow consistenl with the Intemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The commercial lots lot will have an u-nhor*n transient population and will have an urkrovm
impact on Meridian Fire Department call volumes. The Meridian Fire Dcpartment has
experienced 2612 responses in the year 20M. Ac*ording to a r€port completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in the
year 2005 and 3 800 by the year 20 I 0.
The fire deparheDt requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and elficient
response by fire and eorergency medical service vehicles. This cost of this installation is to be
bome by the developer.
Maintail a separation of5' from the buil.ling to the durnpster enclosure.
The applicant sball work with Planning Departrneot stalf to provide an address identificarioo plan
and a sigp that provides a range of addresses, which meds the rcquirements of the city of Meridian
sigrr ordinance at the required intersection(s).
All agects of the buildiog systems (including exiting systems), proc€sses & slorage practices sball
be required to conply with the International Fire Code.
All portions of the buildiqgs located on this project must be within 150'
of a paved surface as
measured arormd the perimeter ofthe buildi"g.
Where a podion of the facility or buil.ring hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) tom a hydrant on a fire apparatus access road,
as
measured by an approved route around the exterior ofthe facility or building, on-site fire hydrants
and unins shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system instaled in accordance *io Sectio"
903.3.1.1 or 903.3.1.2 the distarc€ requirement shall be 600 feet (1S3).
a. For Group R-3 and Gmup u occupancies, the distanc€ reguirement shall be 600 feet (lg3
m).
b. for
buil{ings equipped tbroughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 9o3.3.1.2, the disunce requirernent sball be 600
feet (183 m).
There shall be a fire hytlrant within 100' ofall fire department cormections.
Buildings over 30' in heigtrt arc lequired to bave acess roads in accordance with The International
Fire Code Appeodix D Section D105.
3.t4
3.15
CITY OF MENDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2 I
, 2OO7
3.16 Buildings or facilities exceeding 30 Get pl4amnr) or three stories in height shall have at
least three
means of fire apparahrs access for each strucEre. Two ofthe acc.ess roads shall be placod a distarce
apart equal to not less than one halfofthe length ofthe over-all diagonal dimension ofthe
property or
area to be s€rved, measurEd in a straight line.
3.17 Right-ir/right-out tum lanes are recornmended at the furthest west access point to Overland Road
shown on the concephral site plan zubmiUed with this application.
4. POLICE DEPARTMENT
4.1 fught-ir/right-out tum lanes are recommended at the furthest west access point to Overland Road
shown on the coucephul site plan submitted with this application.
5. ADA COUNTY IIIGEWAY DISTRICT
5.1
5.1.1
5.1.2
s.1.3
5.1.4
5.1.5
5.1.6
5.2
5.2.t
(ACED'S REPO&T IS BASED ON TIIE ONGINAL CONCEPT PI.AN SUBMITTED WNE TEIS
APPLICITION, NOT TEE PLIlN,lTIACfrED IN EXEIAIT 4, TEAT ONLy SEOIA 2 FIiLL IiCCEJS
POIN?js ON OWRI.IND RO/ID. APPROYAL OF TEE ADI'MONIL P,IGET.ITVNGET4W PRON)SED
ON O'IERLAND, AEOWN ON lUD CONCPET PLIN ANICHED IN EXEIBTT A, MAST BE OBN NED
WlY PREUMIN/RY PLAT OR CERNFICATE OF ZONTNG COMPLILNCE APPLICANON.)
SITE SPECIFICCONDITIONS OF APPROVAL
THIS APPITCATION IS FOR A REZONE AND ANND{ANON ONLY. TJPON SWMITTAL OF
A DEYELOPMENT APPUCANON ACHD Wru REYIEW THE TRANSMINED SITE PLAN
AND APPUCANON, AND LEW FORMAL RESWREMENTS AT ITAT TTME.
Wideir the pavement on Stoddard Road and coostruct vertical cub, gutt€r, 7-foot attached
(or 5-
foot detached) concrete sidewalk to one-balfofa 46-foot collector sE€€t s€ction abutting the site.
Construct two full-access surb retum drivewap on Stoddard Road to a maximum width of 36-
feet. The first driveway sha[ be located appmximately 350-feet south ofthe signalized
iotersection with Overland Road and the second driveway shall be located at the south property
line.
Comtruct two full-acc€ss curb return driveways on Overland Road to a maxinrum width of 36-
feet. The first driven ay shall be located approximately 435-feet east oflhe Stoddard/Overland
intersection and in alignme,at with the eastemmost
ddveway for the Mountain view Equipm€rf
site on the nortr side of Overland Road. The second driveway shell be in alignmeirt with the
private road, Blue Marlin Ddve.
Grant a cross access eascmerf to the adjacent dwelopmeirt (Brighton, MCZC{2454) to connect
the drive aisle at the simalized intersection oa overlaod Road to the public stub srreet (Alaska
street) located at the south property line ofthe adjaccot parcels. The easement may be circuitous
aad may be for &ive aisles wirhin the parking lots of both developm€,nts. The District shal
review lnd
approve the language ofthe easeorcflt prior to recording to eirsure it is meaing the
int€at ofthe Findings ofthis report.
Other tbal theaccess specifically approved with this application, direct lot access is prohibit€d to
Overland Road and Stoddard Road.
Coryly s'ith atl Stan&rd Conditions of Apploval.
STANDARD CONDMONS O[' APPROVAL
Any existing irrigation frcilities shall be relocated outside ofthe right-of-way.
Exhibit B
CITY OF MERIDIAN PI"ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
5.2.2
5.2.3
s.2.4
5.2.5
5.2.6
5.2.7
5.2.8
5.2.9
5.2.10
s.2.tr
5.2.12
5.2.13
Pri te sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with irrproving street frontages abutting the site shall be
bome by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be darnaged during the
construction ofthe proposed development. contact construction services at 387{280 (with file
number) for details.
Comply with the Districl's Tree Planter Width Int€rim policy.
Utility street cuts in pavement less than five years old are oo, u11o*sdl rrnless approved in writing
by the District. Contact the District's Utility Coordinator at3174258 (with 6le nr:mbers) for
details.
All design and coDstruction shall be in accordance with the Ada county Highway Dis,trict policy
Manual, ISPWC standards and approved supplemer*s, construction services procedures and all
applicable ACHD ordinances unless specifically waived herein. An engineer registered in the
State ofldaho shall prepare and certifu all improvemeot plans.
The applicant shall submit revised plans for staffapproval, prior to issuance 6fgsilding permit
(or olher required permits), which incorporates any required design changes.
Construction, use and property dwelopment shall be in confonnance with all applicable
roquirerrents of the Ada County Highway District prior to Distric{ approval for occupancy.
Payment of apPlicable road iropact fees are requircd prior to building construction The assessed
impact fee will be 6*"6 6a ths impact fee ordinance tbat is in effect
at tbat rime.
It is_the responsibility ofthe applicant to verifu all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing util;1;ss damaged by the appticant. fne
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground wioin ACHD right-of-way. The applicant shall contact ACHD riraffic
operations 3876190 in the went any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No cbange in the terms and conditions ofthis approval shall be valid udess they are in writing
and signed by the applicant or the applicant's authorized representative ald an authorized
reprc. sentative of the Ada county Highway District. The burdes shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway bishic. - -
Any change by the applicant in the planned use ofthe property which is the subject of lhis
applicatio& shall require the applicant to coryly with all rules, regulations, ordlnances, plans, or
other regulatory and legal resbictions in force al the time the applicant or its succesroo io iotoot
advises thc Highway District of its intent to chatrge the plaooed use of the subjecl
property unless
a waiver/variance of said requhe,ments or other legal relief is granted pwsuani to oe ta* L ere"t
at the time the change in use is sought.
Exhibit B
CITY OF MENDIAN PLANNING DEPARTMENI STAFF REFORT FOR THE HEARING UATE OF
AUGUST 2I' 2OO?
C. Legal Description & Exhibit Map
Unlirniral Drs.r&
"!.
l.rc 6ta AIS
Lrod Suneylsg & Clvll Ergtncerilg
t.o:rU }lalrst
NdAioo, ns tt6{.
:(.iG{ara . ,F.!$lool ,.t
ANNEXATIO}I DEgCRIPIION
TO THE CNTY OF ilERlDlAN
FOR
JAreS PRATHER
Th€ b0oriE d6cr56 6 Par6l of ,6el p.opaty boing a podin oa th3 NE % d
Sedirn 24, T. 3 N.. R. , W., 8.M.. Mcridirn. Ade County. Usho. and bcing more
parlielblty d€cr$.d aB hllos,3:
CO LE clllc el th6 ],lo(,laelt Comer oa lsid S€cfbo 2{. mari€d by a Biass C?:
Thence atong ur6 |to(trorly Bdrnda,y Lin o( t|o NE %ofsai, S.dbn 24,
t'lorh 8P46'34'vH, 1309,.rc frd b a pdnt being on lhe Prolongalim d hc
EaEHy Bounday LiE ol fiA Cerbin Parcel ol Land a shan on Rs{o.d d
Su\cy No. e154. fl6d tcr Racord I lrltnmor Nwnber 101007359. Rlcottts
G, A.ta Comty. lddro, tha Fo|l{T of BEGD{NNGI:
Ihanc. looring ssH ildtrdt, Bofidary LiF. arxl dom !ai, Eaddty E unda,y
Line, and t's ProbngHio,r. So.rh 0e45'05'Wbd. 753.61 IrGt to 0r€
SoqOEa3l Co,ncr oa ssts ParEl of Lartc;
Thonce lo8vhg tau EBHy Boundary tirF, ard ift ProbnlEd$, .nd elrrE th6
SorJrte.ty Eoundary Lha o( said Parcol of Lg|d. ard ifs Prolor€don.
No.lh 89.18'34' W6l, 1310.93 h€t b a pd on lhr Wb.ilorty Boundary ti!€ d lhe
NE % o, sau SGdton 24;
TlBnco laevirE trle sBU S(rrtsty Borndary t-k!6. and t'E Prob.igelirn, and along
ho Wh.Edy 8ouillary Lil. d tho NE % o{ sa6 Sectix 2't, Nofi 0tr51'53"
EBt 75:1.63 bol b he iao.lhlullt Co.tEr of the NE % of r.ii Sc<tirn 24:
Iterre leaving sail Wb.brfy Boudary Lirc, end along ttt€ Nort|dly Eorntdary tj,re
o( thc NE % ot 3S Scclion 2.1, Souh 8fi834'Est, 13@..14 tlGt to the
FOIilTOF BEGtrOIT{C:
Sai, parc6l d land co.rlains 22.67 acacs mora o, hgs.
STBIBCTTO:
A[ easeilr€.[s or rBaan6lioo3 o, Raco.d o. h use bairE on or ,crors fE Sovr
deaobed pa'cel cf lard.
ilr
Xs-
APR,,1.I '
r,CRgTX R'!E
rORr(' DEII
Erhibit C
Pag. t 1r'3f?!ot
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CITYOFMERIDI,AN PLAI'INING DEPARTME}'TT STAFF REPORTFORTI{E HEARII\dDATEOFAUGUST2I'
20ffl
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ExhibitC
I
I
I
I
I
I
CITY OF MENDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING IJATE OF FEBRUARY 2, 2006
D. Required Findings ftom Unified Developmeut Code
1. Amexation Findings:
Upon recorrmendation ftom the Cqmmi5si6D, f[6 Q6utrcil chrll mlke a full investigation
rnd shrU !t the public hearing, review the application. It order to gr.trt rn annexation
and/or rezone, the Council shall make the following findirgs:
a, The map amendment complies wit! the applicable provisions of the compreheneive
plan;
The applicant is proposing to zone all of the subject property to C.G. The Council finds that
the proposed zoning lneF am€ndment complies with the applicable provisions
of the
Comprehensive Plaa. Please see Cooprehensive Plan Potcies and Goals, Section 8, ofthe
StaffR€port for more infonnation-
b. The mep amendment compliee with the reguhtions outlined for the proposed ilistrict,
speclfically the pnrpoee ehtemen{
No development is proposed concurrd with the zoniqg
'"aF amendmat, The Couocil
finds
that there are several uses that are allowed and conditionally allowed within the requested
zoning district of C-G. If the applicaat cornplies with the conditions outlined ia the
development agreern€nt, the Council finds that the proposed cornmercial distict will be in
compliance with the specific district regulations. The Council finds tbat future dwelo,pment
of this property should comply with the xtablished regulations and purpose stat€m€trt of the
CC zone.
c. The map amendment shrll not be materially detrimental to the public herlth, safety,
tnd welfrre;
Ifthe applicaat eoters into a Developmeot Agreement and complies with the provisions, the
Couacil finds fhat the proposed zoning aoeodme.ot will not be detrimeirtal to the public
health, safety, or welfrre. Staffrecornmends that the Commission and Council rely on any
oral or written testimony tlat may be provided when determining this finding.
d. The map anendment shall not recult ln an adverse imprct upon the deliyery of cervlces
by rny political subdivlslon providing public reniccs within the City lncludtn& but not
limlted to, school districts; and,
The Council finds that the proposed zoning amendme,lrt will not result in any adverse impact
upoa the delivery of services by any political subdivision providing s€rvices to
rhis site.
e. The enneration is in the best of hterest of the City (uDC 11-583.E).
The c'G zoning amendment will povide commercial area that is similar in nafurc to €xistirg
aod proposed commercial developmeot in the vicinity. The Cormcil finds that all ess€otisl
services are available or will be pr,ovided by the dweloper to the subject property and will not
require unreasomble eryendia,re of public funds. ID accordance with the fiodings lised
above, ttre Council linds thrt Anneration and Zoning of thir property to C-G would be
in the best hterest of the Ctty, if the rpplicrDt enters iDto a Dwetopment AgreeEetrt
@A) wtth the City, as mendoned il Section 10 of the Stefr Rcporl
Exhibit D
v \,,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I ,
2OO?
STAIT'REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
August 21,2007 ?rl,G;;ffi
Mayor &City Council
Sonya Watters, Associate City Planner
208-884-5533
Queenland Acres
o AZ-O7-0O9
IDAHo
Annexation and Zoning of 22.67 acres fromRl & RUT (Ada County) to C-G
(General Retail and Service Commercial)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQTIEST
The applicant, James Prather, has appliod for Arurexation and Zoning of 22.67 acres from Rl & RUT
(Ada County) to C-G (General Retail and Service Commercial). The subject property is located
on
the southeast corner of S. Stoddard Road and W. Overland Road. The property consists of twelve
residential lots in Queenland Acres Subdivision and one 12 acre
parcel, all in Ada County. The site
contains various existing homes and associated outbuildings that will be removed upon development
of the property. This property is within the City of Meridian's Area of Impact and Urban Service
Planning Area.
The AFplicant has submitted a conceptual development plan (attachcd in Exhibit A) that shows how
this property may develop in the future. The plan shows one 125,000*/- square foot big box retail
building, three 20,000 square foot mid-range box retail sites, two 6,000 square foot building pads, and
one 10,000 square foot building pad. The plan also shows access points to/from Stoddard Road and
Overland Road, and the extension of an existing stub street to this properry from Bear Creek
Subdivision from the south.
2. SUMMARY RECOMMENDATION
Staff recommends approval of !fl-07-009, as presented in the steff report for the hearing date
of July 19, 2007, based on the Findings of Fact as licted in Exhibit D and subject to the
I)evelopment Agreement provicions proposed in Section 10.
The Meridien Planning & Zonine Commission herrd this item on June 21. 2007 end Julv 19.
2007. At the nublic hearine on Julv 19.2007 thev moved to recommend annrovel of the subiect
AZ reouest to the Citv Council.
a. Summarv of Commission Public Hearine:
i. In favor: James Prather (Owner/Applicant): Scott Stanfield
(Proiect Ensineer)
ii. In opoosition: Jim Kouril
iii. Commentins: None
iv. Writtg4 testimonv: Brian Becklev. VP of Bear Creek HOA Oetter dpetition
containinq 236 siqnatures|: Scott Anders: end Aaron Nerl
v. Stefforesentins apnlicstion: Sonva Watters
vi. Other cteffcommenfinq on apntication: None
!, Kev Issue(s) of Discussion bv Commission:
i. Ihld landsclpe bufrers bisected bv
a drive aisle elonq the south nrooertv
ii. Locetlon boun4arv of adiacent lordine to docks the residential for buildinss homes. alonq with the a som 60 foot btildim setback:
Queanland Acres AZ-07 -009
PAGE I
\-/ \J
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TITE HEARING DATE OF AUGUST 2I, 2OO7
iii. Requirine a block wall alons the south oropertv boundarv:
iv. Restriction of uses alons the southern portion of the property
to onlv those uses
allowed in the C-N zone:
gsite Kev v. Commission The extension Chanse(of Alaska s) to Staff Street Recommendetion: from Bear Creek Subdivision into the
i. Reouired a minimum 60-foot wide senaration between the residential uses alons
the southem prooertv boundarv and the rear of all buildinss. Within the 60 feet
a 25-foot wide landscaoe buffer. then drive aisle. and an additional buffer at the
rear of the buildings is reouired. with rn allowance for access to loadins areas
for the smaller retail building(s) on the southeast portion of the site within the
60 feet:
ii. Required the apnlicant to renlace the existins fence. with the propertv ownen'
consent. alone the southern boundary of the site with a Gfoot tall concrete wall:
iii. Reouired the buildinq oad nronosed at the corner of Stoddard and Overland
Road to be situeted so that narkine is evenlv disoersed around the front. rear
and sides of the buildinq as shown on the conceot plan or situated closer to
Overland Road. similer to the structures depicted on the northeast nortion of
the site:
iv. Did not require Alaskr Street to be extended into the site as a oublic or non-
public street but did require Alaskr to be used as an emereencv access point and
pedestrian pathwav into the site.
d. Outstandinq Issue(s) for Citv Council:
i. ACIIDg-nd Citv Staff would prefer that Alaska Street be extended into the site
ii. Approoriate for vehicular zonine use: the desisnation(Commission s) for requested this that Alaska Street ,rot be extended:
propertv.
srt[iectAZ-resuesf"
g Summrrv of Citv Counc ilgf
i. ln trvor: flmes Prmn
vii. tn onnositton:.lim iye
Yiii. CommentinsNorc
ix. Wrttten tmtimonv: wone
x. Staffnresentt"s rp ilg
xi. Otner strnf conmen
h. Xev fssues of niscus
i. fne ertension of r n
ii. fm Anntict"t's re
numn" snown on tLe
iii. fne numUer of frrn-a
f- fev i. Cou"neoufea ctt Ctans rear tutl iOU
souttern nouna rrf
nateridsr
ii. fhe tarqest hultdi
iii. fne
"umnef of nuil
morelhusir
iv. tt e annttca"t
"t
l
tne soutnern nouna
Queenland Acra AZ-07 -009
PAGE 2
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CITY OF MERIDIAN PLANNTNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I,2AO7
v. fhe huffer atons the
Witt tne nufer examn
vi. A+eaestnan natnwl
at tte sontt nronet
siqnal atthe north inei
vii. fhe ston stsn "eot i[
ttne wrth tte aaAc in
nrUUiU'.Zi
viii. fhe secona stsn to t
tne nevrsea Co"ceot
ix. A' mattton* *on sl
the maln east/west ing_qosseus
inatcatea on tHe ne
x. me tnnttc.ant mav to
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-0?-
009 as presented in the staff report for the hearing date of August 21,2007, with the following
modifi cations : (Add any proposed modifications. )
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ{7-009 as
presented during the hearing on August 21,2007, for the following reasons: (State specific reasons
for denial ofthe annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ47-
009 to the hearing date of (insert continued hearing date here) for the following reason(s): (State
specific reason(s) for a continuance .)
4. APPLICATION AND PROPERTY FACTS
a. SiteAddress/Location:
This property is generally located on the southeast corner of S. Stoddard Road and W. Overland
Road in the northeast % of Section 24, Township 3 North, Range I West.
Referenced as Ada County Tax Parcel Numbers: 51224120837, R7288000110, R7288000100,
R7288000091, R7288000081, R7288000071, R7288000061, R7288000051, R7288000041,
R7288000031, R7288000021, R728800001 t, and R7288000001.
b. Owner:
James Prather
707 E. United Heritage Parkway, Suite 150
Meridian,Idaho 83642
c. Applicant:
Same as owner
d, Representative: JamesPrather(Applicant/owner)
e. Present Zoning'. Rl and RUT (Ada County)
Queenland Acres AZ-07-009
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CIry OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI]E HEARING DATE OF AUGUST 2I, 2OO7
f. Present Comprehensive Plan Designation: Commercial
g. Applicant's Statemenl/Justification: Please see the conceptual development plan and building
elevations (rictures) showing a few different scenarios as to how the site might be developed. The
site plan accurately shows ingress and egress on Overland and Stoddard Road (if changes are
made, they will be minor). The Applicant is willing to work with the City and Brighton
Corporation if S- Alaska Avenue (the stub streel at the south boundary) needs to be extended
although the residents in Bear Creek would prefer that it not be extended. The square footage of
any building is very difficult to determine at this time; however, the bubble and site plan do show
conceptually how the applicant envisions the site developing. As ofthis date the Applicant does
not have a large user signed on. Without this knowledge it is difticult to determine how the rest of
the site will develop. (Please see Applicant's narrative for more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an arnexation as determined by City Ordinance. By
reason of the provisions of rhe Meridian City Code Title 1l Chapter 5, a public hearing is
required before the Plarnng & Zoi:ng Commission and City Council on this matter.
b. Newspaper notifications published on: Juno 46,2007 and June l8t, 2007
(Commission); Julv
30. 2007 Aueust 13. 2007 ( Council)
c. Radius notices mailed to prop€rties within 300 feet on: May Z5d^,2OO7 (Commission); Julv 27.
2007 ( Council)
d. Applicant posted notice on site by: tuly 3"1,2007 (Commission); Ausust 6. 2007
(Citv Council)
6. LAND USE
a. Existing Land Use(s): Single family rural residential; agricultural
b. Description of Character of Surrounding Area: This site is surrounded by various commercial
uses (zoned C-G, C2, & I-L) to the west, north, and east, and residential homes to the south (Bear
Creelg zoned R4).
c. Adjacent I-and Use and Zoning:
1. North: Commercial property (Mountain View Equipment, Boondocks, V*erinary Clinic),
zoned C-G and C2 (Ada Counry)
2. East: Commercial property (future Lowe's), zoned C-G
3. South: Single-family residential (Bear Creek Subdivision), zoned R4
4. West; Vacant (fuhre retail) and commercial storage units, zoned C-G
d. History of Previous Actions: A portion of this property, the 12 rural residential lots,
was
previously platted in Ada County as Queenland
Acres Subdivision; the 12 acre portion to south
has not been previously plattod.
e. Existing Constraints and Opportunities
I . Public Works
Location ofsewer: The North East portion ofthis project will sewer to w overland
Road and the South plus North West portion ofthe project will sewer
to the Black Cat
Trunk.
Location of water: water is located in w overland road and S Stoddard Road.
Contact City of Meridian public
Works for size and routing.
Queeiland Acres AZ-07-009
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CITY OF MERIDIAN PLANNING DEPARTMEM STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
Issues or concems: None
2. Vegetation: There are existing tr€es on the site that should be protected or mitigated for
when this site develops.
3. Floodplain: This property is not within the floodplain.
4. Canals{Ditches krigation: The Kemedy Lateral nrns along the east boundary ofthis
property.
5. Hazards: Staff does not how ofany hazards associated with this propefiy.
6. Proposed Zoning: C-G
7. Size ofProperty: 22.67 acres
f. Summary of Proposed Strsets and/or Access: The conceptual development plan submitted by the
applicant shows two full access poitrts and one right-in/right-out to/from W. Overland Road and
two full access points tolfrom S. Stoddard Road. A shrb street (S. Alaska Avenue) to this property
exists and is shown on the plan at the south boundary of the property fiom Bear Creek
Subdivision. These access points and other access issues are discussed at length in section 10 of
this report. Due to the fact that this is only an Annexation application, ACHD has not submitted
formal conditions of approval at this time. How€ver, due to the size of this project ACHD dld
submit comrnents on this application that are included in Exhibit B ofthis repon.
7. COMMENTSMEETING
on June l, 2007, Planning staff held an agency corunents meeting. The agencies and departments
present include: Meridian Fire Department, Meridian police
Department, Meridian public
works
Department, and the Sanitary Services Company. Staffhas included all comments and recornmended
actions in the attached Exhibit B. Because this is only an amexation application, there are no
conditions of approval; all applicable provisions are proposed in a Development Agreement.
8. COMPREIIENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive plan
Future Land Use Map as
"Commercial" The Comprehensive Plan defines Conunercial as: "This designation will provide a frrll
range of commercial and retail to serve area residents and visitors. Uses may inctude retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
govemment offices. within this land use category, specific zones rnay be created to focus
commercial activities unique to their locations. These zones may include neighborhood commercial
uses focusing on specialized service for residential areas adjacent to that zone." The applicant is
r€questing 10 rezone this property to C-G which staff believes is consistent with the Compiehensive
Plan Future Land Use Map designation for this property.
staff finds the following comprehensive plan
poricies lo be applicable to this property and apply to
the proposed development (staff analysis below policy in italics\:
' Require that development projects have planned for the provision ofall public services. (Chapter
VII, Goal III, Objective A, Action 1)
lYhen the city established its Area of city Impact, it planned to provide city services
to the
subiect property. The City of Mendian plans to provide municipal sirt ices to the lands proposed
to be annexed in the following manner:
b sanirary sewer and water service wi be extended to the projecr ar the deveroper's expense.
Que.nland Acres AZ-07-009
PAGE 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007
a
a
a
a
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire DepartmenL
Once annexed, lhe lands will be serviced fu the Meridian Police Deportment (MPD).
County Highway District (ACHD). This service will not change.
will not change.
not change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within
the Impact Area.
Stafffinds that the site is designatedfor Commercial on the Comprehensive Plan Future Land
Use Map. Staffbelieves that over time, avariety of commercial and retail opportunities will be
provided on this site.
Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along
transportation corridors (setbaclq vegetation, low walls, berms, etc.)."
Upon development of the property, a minimum 25-foot wide landscaped street buffer will be
required along W. Overland Road, classified as a principal at"terial street; a 2|-foot wide
landscaped street buffer will be required along S. Stoddard Road, classified as a collector street.
Chapter Vtr, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staffbelieves that the proposed development is appropriate along the adjoining transportation
corridor (Overland Road). This development project will be highly visible and help to define this
area of the city.
Chapter V, Goal III, Objective D, Action 5 - *Require
all commercial businesses to install and
maintain landscaping. "
The Applicant is not specifically proposing to install any landscaping with the subject annemtion
application. Upon development of this site, the Appticant witt be reqaired to eonstruct internal
and pertmeter landscaping- Satd landscaping must be installed prior to stgnature of
a /inat plat
and/or certificate of occupancy of the proposed building(s) on this site.
o Chapter W, Goal I, Objective A, Action - '?ermit new... commercial development only where
urban services can be reasonably provided at the time of final approval and development is
contiguous to the City."
This property is contiguous to the City and sanitary sewer and water are readily available.
o Chapter VII, Goal fV, Objective A,,Action 6: Require screening and buffering of commercial and
industrial properties and residential use with transitional zoning.
Upon development of the properly, a 25-foot wide land use buffer will be required along the
south boundary of the site to provide a buffer between the proposed
commeicial wes of the
properA and the existing residences in Bear Creek Subdivision that abut the site.
9, ZONIING ORDINAI\CE
Queenland Acres AZ-07-009
PAGE 6
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
a
b
Allowed Uses in Commercial Districts: UDC Table ll-2B-zlists the permitted, accessory, and
conditional uses in the C-G zoning district. Retail Stores, restaurants, financial instifutions, fuel
sales facility, personal & professional services, among other uses, are listed as
principal perrnitted
uses in the C-G zone.
Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
Dimensional standards for the C-G zoning district, per IIDC Table I l-2B.-3: (Applicable upon
development of the property)
c.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
AZ Application: Please see Exhibit D for detailed analysis of the requird facts and frndings.
The annexation legal description submitted with the application (prepared on April 3,2OO7,by
Lawrence Koerner, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
Parcel Configuration: The subject 22.67 acre property consists of twelve residential [ots, zoned
Rl, that were platted in Ada County as Queenland
Acres Subdivision. Also included to the south
of Queenland Acres Subdivision is a 12 acre
un-platted parcel in Ada County, zond RUT. The
site currently has some existing homes and associated outbuildings on it as well as some
agricultural land. tn order to subdivide this property to coincide with the proposed site layout, the
Applicant can apply for an administrative Property Boundary Adjustment (PBA) application to
relocate/remove some of the existing property lines to accommodate the future development of
this property or subdivide the property through one of the four platting processes (preliminary
Front setback ( in feet) 0
Rear setback (in fe€t) 0
l0
0
Local
Interior side setback
Street buffer
Collector 20
Arterial 25
Landscape butrer to residential
uses (in feet1"'r'
25
Maximum building height (in feet) 65
Maximum building size without
design standard approval as set
forth in l1-3A-19 (in square foet)
200,000
Parking requirements 3 Article C oFF-srREET pARKrNc
AND
LOADING REQI.]IREMENTS
See Chapter
Landscaping requirements See Chapte! 3 Article B LANDscArTNG REQUIREMENTS
Queenland Acres AZ-07-009 PAGE 7
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CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE OF AUGUST 2I, 2OO7
plat, final plat, combined prelininary and final plat, or short
plat) outlined in UDC ll-68. To
configure the property through a PBA, the Applicant would need to vacate the existing easements
platted with Queenland Acres Subdivision. Although not required, Staff suggests the property be
platted through one of the methods outliaed in IIDC 1 l -68 as a "cleaner" way of creating parcels
to accommodate the development ofthe property.
Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The
Comprehensive Plan Future Land Use Map designates this property for commercial use. The
requested C-G zone is consistent with the land use designation for this property. However, there
are three different commercial zoning designations that are consistent with the commercial land
use designation: C-N (Neighborhood Business District); C-C (Community Business District); and
C-G (General Retail and Service Commercial District). The C-N zone allows less intense uses,
while the C-G zone allows more intense uses. The Comprehensive Plan encourages compatible
uses to minimize conflicts and maximize use of land. The Plan also supports screening and
buffering of commercial properties and residential uses with transitional zoning. The Applicant is
proposing, as required by the UDC, a 25-foot wide land use buffer to the adjoining residences
along the entire south boundary. However, a transitional zoning district (e.g.
- L-O or C-N) is not
proposed along the south boundary.
A letter and petition with 236 signatures has been submitted to the City by the Bear Creok
Homeowners Association QIOA), dated July 9, 2007, in response to this application. The letter
requcsts that the City Council either vote in opposition to or consider more compatible zoning
(i.e. high density residential or C-N zone) for the proposed development to provide more of a
ttansition in zoning betw€en the proposed commercial uses and the existing residential properties.
ln consideration of the HOA'S concems, Staff reviewed the allowed uses in both the C-N & C-G
zones conlained in UDC Table 11-28-2 and determined the following: Retail uses, restaurants,
financial institutions, and personal or professional services are examples of uses that
are
permitted in both the C-N & C-G zoncs; fuel facilities are conditional uses in the C-N mne and
outright permitted in the C-G zone; building material, gard€n equipment and supplies (such
as
Lowe's) is a conditional use in the C-N zone and permitted in the C-G zone; laundry & dry
cleaning is prohibited in the C-N zone and permitted in the C-G zone; and vehicle washing
facilities are a conditional use in the C-N zone aud permitted in the C-G zone. Additionally, the
IJDC requires that buildings over 7,500 square feet in the C-N zone comply with design standards
as listed itr UDC l1-3A-19 (note: Staff is including a Development Agreement provision
for all
future buildings on this site to comply with design standards because of the sile's location on a
highly visible transportation corridor into the City). Further, the UDC requires a 25-foot wide
buffer to adjoining land uses in the C-G zone and only a 2O-foot wide buffer in the C-N zone. The
Applicant is proposing retail uses on all of the buildings shown on the concept plal along the
south boundary ofthe site adjacent to Bear Creek Subdivision. Because retail uses are pennitted
in both the C-N and C-G zones, because Staff is requiring administrative design review approval
for all future buildings on the site as required in the C-N zone for buildings over 7,500 square
feet, and because a greater buffer width to adjoining land uses is required in the C-G zone, Staff
does not believe that there is any benefit to zoning this property to C-N. However, to ensure that
future uses on this site along the south boundary are not developed in a more iritense fashion than
proposed with this application or with uses that are not outright permitted in both the C-N and C-
G zones, Staff is including a provision in the Development Agreement that prohibits uses on the
southem portion of this site, south ofthe northemmost full access &ive to/from Stoddard Road
shown on the concept plan as follows: fuel sales facilities; building material, garden equipment &
supplies; and vehicle washing facilities. Staff believes that more intense uses, such as those
mentioned, allowed in the C-G zone ate appropriate along Overland Road but not appropriate as a
transitional use adjacent to the existing residences. Further, to provide a buffer between the
Queenland Acres AZ-07-009 PAGE 8
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
proposed corrmercial uses and the existing residences in Bear Creek, the Applicant must comply
with IIDC 11-38-9, I-andscape Buffers to Adjoining Uses, and install a mix of evergreens and
deciduous trees, and shrubs to result in a barrier that allows trees to touch at the time of maturity.
Additionally, to enhance the buffer, Staff is requesting that a 6-foot. tall solid fence be installed
where none currently exists along the south boundary ofthe site and that said fence be maintained
by the Applicant Staff is including in the Development Agreement uses thrt rre prohibited
elong the southern portion of this site.
Concept Plan: The applicant submitted two conceptual site plans for this site. The first plan
(shown in Exhibit A.2) shows how the site will concepnrally lay out with two larg€ retail sites
consisting ofone 12-acre propedy and one 5 acre property, and two retail pads consisting of t.5
acres and 2.5 acres, with two access points to Overland Road and 2 access points to Stoddard
Road. The second plan (shown in Exhibit A.2) shows the same general plan but includes
conceptual building footprints, parking, landscape buffers, intemal access drives, and access
points to/from the site.
After carefully reviewing the conceptual site plan, Staffhas identified various issues and concepts
that need to be fi[ther discussed and mitigated/conditioned for. Slaff is aware that the proposed
plan is only conceptual in nature, but Staff believes that there are some conc€pts that are not
currently proposed that would be appropriate fot this site. These additional concepts, and the ones
proposed are discussed below.
To begin, the conc€pt plan proposes approximately 207,000 square feet of retail space consisting
ofone big box retail building space and one mid-range box multi-tenant building space with three
tenant spaces along the southem potion ofthe sitc. The Iargest ofthe retail spaces is proposed to
be 125,000 square feet and is designed to house a national retailer that will
,.anchor', the
development. The mid-range multi-tenant building space is proposed to be 60,000 square feet and
is designed to house tkee tenants. Additionally, the concept plan proposes approximately 22,000
square feet of commercial pad space consisting of two 6,000 square foot pads and one 10,000
square foot pad along Overland Road. Staff is including a dsvelopnent rgroemetrt provision
that limits the size of buildings within this developmetrt to 157o over or utrder the sizc
shown on the concept plan.
Access: A major aspect of the concept plan is the proposed vehicular access to/from the site and
intemal drive aisles and parking. Access to the site is proposed from two full access points and
one right-in/right-out access tolfrom overland Road, and two full access points tolfrom stoddard
Road. Additionally, a signalized full access point to overland Road is proposed just
off-site to the
east with the Lowe's development. According to ACHD's report, overland Road is being
widened to a 5-lane facility with bike ianes and curb, gutter, and sidewalk; Stoddard Road is a 2-J
lane roadway near the site; and the Stoddard/overland Road intersection wilt be widened as part
of the overlard Road project and the intersection will be signalized. Staff does not oblect to the
proposed access points to/from the site; however, the Applicant should obtain approval from
ACHD for the access points shown on the concept plan.
There is an existing public stub street (Alaska Street) at the southeast comer of this site that was
constructed with Bear creek Subdivision. This street was provided to the subject property for
inter-connectivity between Bear creek and this cornmerciat development. starf is supportive of
this stub street being extended into the site. Further, Staff is supportive of the €xt6nsio;;f Ahska
street as a drive aisle and not a public street. Staff is concemed about creating a vehicular path
that encourages vehicles outside of this section to culthrough Bear creek to get to the
commercial land uses along overland Road. The configuration of the drive aisles shivn on the
concept plan do not create a direct route to the fu1l access poi s to overland Road via Alaska
street, and thus should not creale a thoroughfare for cut-through traffic. To fiuther discourale
q)ue€nland Acres 42,07-009
PAGE 9
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINC DATE OF AUGUST 2I, 2OO7
cut-through traffic, Staff is in favor of installing a "local access only" sign near the Alaska Street
stub street along the south boundary.
Granting public cross-access to/from Alaska Street will allow the traveling public from Bear
creek subdivision to access the commercial uses on this site, and ensures that the drive aisle
cannot be closed to the public in the future. Duo to the configuration of the property, a cross-
access and cross-parking agreement should be required that benefits all parcels within this
development. Additionally, a cross-access casement should be granted to the adjacent
development to the €ast (Iowe'$ and tolAom the public stub steet (Alaska Steet) out to
overland Road. staff is including Development Agre€ment provisions as discussed in this
section.
Parking Lot Layout: As shown on the concept plan, there are two building pads that abut
overland Road at the northeast comer of the site and one building pad on the comer of Stoddard
& overland that is sa back approxirnately 90 feet from the comer. Staff is in favor ofthe location
ofthese pads as they allow 1o.156 [uil.lings to be located close to the street with the majority of
the parkhg to be placed behind or at the sides of the structures, creating a better curb appeal for
the site than a sea of parking. Additionally, the intemal full access drive aisles to the north and
west of the main retail building should be constructed as shown on the plan so that vehicles
pulling out of parking spaces are not backing out into the drive aisles. Staff is including
Development Agreement provisions as discussed in this section.
site Deiign: This site is located in a very visible location. The importance ofthis location makes
quality design essential. The Applicant has submitted conceptual building elevations (photos) of
what some of the struchles on this site may look like. To ensure a minimum design standard
Staff is including a Development Agreem€nt provision for all buildings within the
d€velopmelt alrd site improvemetrts to be subject to administrative design review as defined
in LIDC 1l-3A-19. (Note the internat buitdings shall not be subject to the 8-foot wide
pedestriatr prthway requirement, to the adjacent sidewalk)
Landscaping: Although the design of this pro-iect is only conceptual, staff believes there are
some landscape €lements that should be discussed at this early stage. The following landscaping
elements should be included in the conce?t plan for this site and included as Developmeni
Agreement provisions.
o The Comprehensive Plal Future Land Use Map depicts a multiuse pathway that runs
through this property fiom Overland Road to the stub stre€t location at the south
boundary. A l0-foot wide pathway shall be extended from the south boundary at Alaska
street to the sidewalk on overland Road. \drhere the multiuse pathway crosses a drive
aisle, the pathway shall be distinguished liom the vehicular driving surfaces tl'ough lhe
o use UDC of pavers, 1l-2B-3 colored requires or a scored 25-foot concrete, wide landscape or bricks.buffer be constructed along Overland
Road in accordance with the standards in {rDC ll-3B-7. The buffer shall be located
within a common lot or a permanent easement maintained by the propeny owner or
o business UDC I l-owners' 2B-3 requires associalion. a 20-foot wide landscape buffer be constructed along Stoddard
Road in accordance with the standards in UDC lr-38-7. The buffer shall be located
within a common lot or a perrnanent easement maintained by the property owner or
o (business lDC ll-28-owners' 3 requires association. a 25-foot wide landscape buffer between
residential uses and
properties zoned c-G. This buffer should be designed and constructed in accordance wilh
LIDC I 1-3B-9 and be placed along the entire southern borurdary of the site adjacent to the
existing residences in Bear Creek Subdivision.
Queenland Acres AZ-07-009
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THN HEARING DATE OF AUGUST 2I. 2OO7
. The applicant should comply with any other landscaping standards described in the UDC,
including but not limited to UDC l1-3B-8 which outlines the standards for parking lot
landscaping.
Design Standards: Because this sito is located on a highly visible transportation corridor, Staff is
requesting as a provision in the DA that all structures within the development be subject to the
design standards listed in UDC 1 i -3A-19C as follows:
Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
fagade, roof line recesses and projections along a minimum of twenty percent (20%) of
the length ofthe facade.
b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined
by the architectural design of the building. Windows, awnings, or arcades shall total a
minimum ofthirty percent (30%) ofthe facade langth facing a public street.
c. Roof lines: Roof design shall demonstfate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet
heights; and e) cornices.
d. Pattem variations: At least two (2) changes in one (1) or a combination of the foltowing
shall be incorporated into the building design: color, texhre and/ matErials.
e. Mechanical equipment: All groundJevel and rooftop mechanical equipment shall be
screened to the height of the unit as viewed from the property line.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stong brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textwed masonry block, or shrcco or stucco-like synthetic materials. Smooth-faced
concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as
accent materials.
3. Parking Ints: No more than seventy percent (70%Q of rhe off-street parking area for the
structure shall be located between the front fagade of the stmctwe and abutting streets,
unless the principal building(s) and/or parking iVare screened from view by other
structures, landscaping and./or berms.
4. Pedestrian walkways:
a. A continuous intemal pedestrian walkway that is a minimum of eight fo6t (8,) in width
shall be provided from ths perimeter sidewalk to the main building entrance. The
walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. (Ihis requirement shall not apply to the internal pad
sites.)
b. The intemai pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use ofpavers, colored or scored concrete, or bricks.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is
greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away
from the main building entrance.
d. The walkways shall have weather protection (includlng but not limited to an awning or
arcade) within twenty foet (20') ofall customer entrances.
Queenland Acres AZ-07-009 PAGE I I
\7,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
Certificate of Znning Compliance: The purpose of a Ce(ificate of Z,oning Compliance (CZC)
permit is to ensure that all construction, altemtions and,/or lhe establishment ofa new use complies
with all ofthe provisions ofthe UDC before any work on the structure is started and,/or the use is
established GfDC I l-58-lA). To ensure that all of the provisions
in the development agroement
(see below) are complied with, the City requires that the applicant obta:u:r CZC approval fiom the
Plalrfng Department prior to site development; all site and landscaping improvements must be
installed prior to occupancy.
Development Agreement: A Development Agreement (DA) will be requir.ed as part of annexation
of this property. Prior to annexation approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer.
The applicant shall contact the City Attomey, Bill Nary, at 8884433, within 6 months of City
Council approval to initiale this process. The DA shall includg at minimum, the following:
All future uses shall not involve uses, activiti€s, proc€sses, materials, equipmort and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
All future development of the subject property shall comply with City of Meridian
ordinances in Effect at the time ofdevelopment.
The applicant shall be responsible for all costs associated with sewer and water servic€
installation.
Prior to issuance of a Certificate of Zoning Compliance for the first building on this
site, provide Ciry Staff with a copy of a recorded document(s) granting
vehicular cross-
access and cross-parking between the properties on this site; granting cross-access to
the adjacent development to the east (Lowe's); and granting public cross-access to/from
the sfirb street (Alaska Srreet) for rhe benefit of the traveling public.
The public stub street (Alaska Street) in Bear Creek Subdivision along the
south
property boundary shall be extended as a non-public street into this site. To discourage
cut-through traffic, "local access only" signs should be installed near the stub street
(Alaska Street) along the south boundary. At no time shall construction traffic associated
with the development of this site be allowed to access this site using Alaska Street_
Access points to/from the site are limited to those shown on the concept plan unless
otherwise restricted/approved by ACHD.
The drive aisle legs off the internal full access points to/from Overland Road and
to/from Stoddard Road, io the north and west of the main rerail building, shall be
constructed as shown on the concept plan so that vehicles pulling out of parking spaces
are not backing out into the drive aisles.
The two building pads shown on the concept plan at tJle northeast corner of the site
should have no parking stalls between the buildings and Overland Road.
The building pad proposed at the comer of Stoddard & Overland should be siruated so
that parking is evenly dispersed around the front, rear, and sides of the building as
shown on the concept plan.
The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit and administrative design review in accordance with the standards listed in {IDC
1l-3A-19, prior to all new construction on the subject property. (NOTE: The intemal
buildings shall not be subject to the S-foot pedestrian walkway requirement to the
perimeter sidewalk.)
Development of this site shall be generally consistent with the conceptual building
elevations (photos) and site plan submitted with this application. Individual buildings
within this development shall be limited to 15% oy or under the sizes shown on the
Qr:eenland Acres AZ-07-009 PAGE I2
\/v
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR T}IE HEARING DATE OF AUGUST 2 I
, 2OO7
concept plan and the minimum number of buildings allowed on the site shall be five, as
shown on the concept plan.
. The following uses shall be prohibited along the southern portion
of this site, south of
the northernmost full access drive to/from Stoddard Road shown on the concept plan:
tuel sales facilities; building material, garden equipment & supplies; and vehicle
washing facilities.
. Construct a 25-foot wide landscape buffer along Overland Road in accordance with the
standards in IIDC 1 l-3B-7.
. Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the
standards in UDC I l-3B-7.
. Construct a 25-foot wide landscape buffer betwEEn residential uses and properties zoned
C-G. This buffer shall be designed and constnrcted in accordance with UDC I l -3B-9 and
be placed along the entire southern boundary of th€ site adjacent to the existing
. residences Construct a in 6-B€ar foot Creek tall solid Subdivision. fence, where none currently exists, along the southern
boundary of the site to assist in providing a buffer to the residences in Bear Creek
Subdivision in addition to the landscaping requirements listed in UDC l1-3B-9Ca&b.
. Fencing The applicant along the shall southem comply boundary wirh all shall landscaping be rnaintained srandards by the described Applicant.in UDC 11_38,
including but not limited to UDC I I -38-8 which outlines rhe standards for parking lot
landscaping.
. Prior to issuance of the first Certificate of Occupancy, construct a multi-use pathway
from the sidewalk on the stub street at tho south boundary (Alaska Street) across the siti,
out to the sidewalk on overland Road. The applicant shall design and construct th€
multiuse pathway in accordance with UDC 11-3.4,-8 and in conjunction with the
parks
Department's standards. Additionally, where the pathway crosses drive aisles, the
pathway shall be distinguished from lhe vehicular driving surfaces through the use of
. pavers, The trees colored that or currcntly scored concrete, exist on or this bricks site (not shall paint)be . retained or mitigation shall be
provided in accordancr with UDC 1l-38-10. The applicant shall work with the parks
and Recreation Department regarding the removal or replacement of any trees on this
site.
b. Staff Recommendation: staff recommends approval of the proposed antrexstion application
(LL07-009), subject to the Development Agreement provisions listed in f,xhibit B. The
M".idian Planning & zoninq commission heard thic item on Jun" 21.2007 and JuIvE
2007. At th" orbli" h"".ion oo JoL 19. 2007 th." -orud
to
"""o-."rd
noo.or"l of th"
subiect AZ reouest to the Citv Council. The Meridian Citv C.ru
lusust r1. 2007- At f
1T. f,XEIBITS
A. Drawings
l. Yiciruty/ZnningMap
2. Conceptual Site Plans
3. Examples of Conceptual Building Elevations (photos)
l. nxl-ot of Uutfers
B. Agency Comments
Queenland Acres AZ-07-009 PAGE
13
\/ \./'
CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
l. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Ada County Highrvay District
C. Legal Description & Exhibit Map
D. Required Findings fromUnified Development Code
Queenland Acres AZ-07-009
PAGE 14
\/ \/
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORTFORTHE HEARING DATE OF AUGUST 2I,2OO'I
A. Drawings
l.Yicinrty/Zoning Map
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CITY OF MENDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI{E HEARING DATE OF AUGUST 2I, 2OO7
2. Conceptual Site Plans
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2 I,2OO7
3. Examples of Conceptual Building Elevations (photos)
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CIry OF MEzuDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO?
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CIry OF MERIDIANPLANNING DEPARTMENT STAFF REPORTFORTHE HEARING DATE OFAUGUST 21,2007
B. Agency Comments
1. PIaxxINGDEPARTMENT
1.1 The annexation legal description submitted with the application (prepared on April 3,2007,by
Lawrence Koemer, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement
with the City. Said Development Agreement shall be sigrred within 6 months of the City
Council's approval of this application and shall include the following provisions:
. All future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
e All welfare future by reason development of excessive of the production subject property of traffic, shall noise, comply smoke, with fumes, City glare of or Meridian odors.
ordinances in effect at the time of development.
r The applicant shall be responsible for all costs associated with sewer and water seryice
installation.
o Prior to issuance of a Certificate of Zonng Compliance for the first building on this
site, provide City Staff with a copy of a recorded document(s) granting vehicular cross-
access and cross-parking benveen the properties on this site; and granting cross-access
to the adjacent development to the east (Lowe's)
telfrem the stub street ( Ja'ka Stree9 fer the b€nefiref the travelirg publie.
o The public stub street (Alaska Street) in Bear Creek SuMivision along the south
property boundary shall not be extended as a public or non-public street into this
site
but shall be used as an emergency access point and lrcdestrian
pathway into the
site.
*re sou*r bourdar,+ At no time shall
construction traffic associated with the development of this site be allowed to access this
site using Alaska Stree.
o Access points to/from the site are limited to those shown on the concept plan unless
otherwise restricted/approved by ACHD.
. The drive aisle legs off the internal full access points tolfrom Overland Road and
to/from Stoddard Road, to the north and west of the main retail building, shall be
constructed as shown on the concept plan so that vehicles pulling out of parking spaces
. The are not two backing building out pads into shown the drive on aisles.the concept plan at the northeast comer of the
site
o The should building have no pad parking proposed stalls at the between corner the of buildings Stoddard & and Overland overland should Road. be situated so
that parking is evenly dispersed around the front, rear, and sides of the building as shown
on the concept plan or situated closer to Overland Road. similar to the stmctures
o Prior depicted to issuance on the northeast of the frst portion Certificate ofthe of site.Occupancy, construct a multi-use pathway
from the sidewalk on the stub street at the south boundary (Alaska StreeQ across
the site,
out to the sidewalk en lEltreJlaflifig[llon Overland Road. The
applicant shall design
and construct the multiuse pathway in accordance with UDC l1-34-8 and in conjunction
with the Parks Department's standards. Additionally, where the pathway crosses drive
aisles, the pathway shall be distinguished from the vehicular driving surfates through the
use ofpavers, colored or scored concrete, or bricks (not paint).
Exhibit B
\/\/
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I,2OO7
a The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit and administrative design review in accordance with the standards listed in UDC
11-3A-19, prior to all new conskuction on the subject property. (NOTE: The intemal
buildings shall not be subject to the 8-foot pedestrian walkway requirement to the
perimeter sidewalk.)
Development of this site shall be generally consistent with the concephral building
elevations (photos) and site plan @ien
attacneA in BxUiUt A
of-this-repof. maitionattv. tUe rear etevation of the tars* t
aloug-the-southeruboundarv sha[ have horizontal bandi m
yariety.otealeriak. Individual buildings within this development shall be Iimited to
l57o ovr'r or under the sizes shown on the concept plan excent for the largest buildbg
nad which shatl not exceed t70.000 rquare-fcgt-and the minimum number of
buildings allowed on the site shall be uolqfhau
four-aul-uolnorelharui[,
The following uses shall be prohibited along the southern portion of this site, south of
the northernmost full access drive to/from Stoddard Road shown on the concept plan:
fuel sales facilities; building material, garden equipment & supplies; and vehicle
washing facilities.
Construct a 25-foot wide landscape buffer along Overland Road in accordance with the
standards in tiDC 1l-38-7.
Construct a 2O-foot wide landscape buffer along Stoddard Road in accordance with the
standards in UDC 1l-38-7.
GG A 60-foot wide seoaration is required between the residential lots alons the
southern nropertv boundarv and the rear of all buildines. Withh said 60 feet s 25-
foot wide landscape buffer shall be constructed at the south propertv line. then a
drive aisle. and then an additional buffer at the rear of the buildinss. with an
allowance for access
to loadins areas for the smaller retail buildins(s) on the
southeast oortion of the site. Srn mrter snrn sun
eramnte snown in nx Landscape buffers shall be designed and
constructed in accordance with UDC I l-38-9
iv+sien.
geusdaqFof+ho+it€ Replace the existing fence. with the nronerty owners' consent.
alons the southern boundarv of the site with a Gfoot tall concrete wall to assist in
providing a buffcr to the residences in Bear Creek Subdivision in addition to the
landscaping requirements listed in UDC I 1-3B-9Ca&b. @
ieanL
The applicant shall comply with all landscaping standards described in UDC 1l-38,
including but not limited to UDC I l-3B-8 which outlines the standards for parking lot
landscaping.
The trees that currently exist on this site shall be retained or mitigation shall be
provided in accordance with UDC l1-3B-10. The applicant strall work with the
parks
and Recreation Department regarding the removal or replacement of any trees on this
site.
a
a
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2. Pt]BLIc WoRKs DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in to
W
overland Road and main to be installed to the Black Cai trunt. The applicant shall install mains to
Exhibit B
a
a
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\7 \J
CITY OF MERIDIAN PLAIININC DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
and through this subdivision; applicant shall coordinate main size and routing with the Public
Works Department, and execute standard forms of easements for any mains that are required to
provide service. Minimum cover over sewer mains is three feet, if cover from top ofpipe to sub-
grade is less than three feet than altemate materials shall be used in conformance of City of
Meridian Public Worls Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in W. Overland Road, and S.
Stoddard Road. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-l -13
and 9-4-19, which includes the preliminary ageement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
wi r the reimbursable amount shall be approved by Council prior to plat signature.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside ofpublic
right of way (include all water services and hydrants).
2.5 The applicant has not indicated who will own and operate the pressure irigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" oflhe operations and maintenance manual will be requted prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase ofthis project.
If it is to be owned and maintained by an Irrigation District then a letter ofplan approval shall be
submitted prior to scheduling ofa pre-construction meeling.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC I l-34-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single-poiut connection to the
culinary water system shall be required. Ifa single-point connection is utilized, the developer will
be responsible for the paymant of assessments for the corrmon areas prior to signature on tlrc
frnal plat by the City Engineer.
2-7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
ofwater meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.8 Any existing domestic wells andlor septic systerns withil this project shall be removed from
domestic service per City Ordinance Section g-l
-4 and g-4-8.
Wells mav be used for non-
domestic purposes such as landscape irrigation-
2.9 Per UDC 1l-3A-6 all irrigation ditches, laterals or canals, exclusive of nahral waterways, that
intersect, cross or lie within the area being developed shall be tiled. plans
will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non'approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.10 A drainage plan designed by a Slate ofldaho licensed architect or engineer is required and shall
be submitted to the city Engineer (ord. 557, l0-l -91) for all off-streit parkhg
areas. storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities
and Counties and City ofMeridian standards and policies. Off-site disposal into surface water is
prohibited rmless the jurisdiction which has authority over
the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible ior filing ali
Exnibit B
\r' \J
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I,2OO7
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.ll A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.12 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.14 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the FairHousing Act.
2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.L7 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.18 Compaction test results shall be submitted to the Meridian Building DEpartment for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certifu that the street centerline elevations are sot a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least l-foot above.
2.20 One hundred watt, high-pressure sodium streetlights, on25'pole shall be required on all public
residential streets. Two-hundred and fifty watt high presswe sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Desigr of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agre-ement
on file with Public Works prior to activation. All streetlights shall be installed at zubdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. FrnrDpp.mturxr
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian water Department for bacteria testing.
3.2 Final
a.
b.
c.
d.
e.
f.
Approval of the fre hydrant locations shall be by the Meridian Fire Departmerrt.
Fire Hydrants shall have the 4 Yz" outlel face the main street or parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per public
works specifications.
Fire Hydrants shall be placed on corners when spacing permits.
Fire hydrants shall not have any vertical obstructions to outlets within l0'.
Fire hydrants shall be place 18,, above finish grade.
Exhibit B
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
\tr' \J'
CITY OF MENDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
g. h. Fire Show hydrants all proposed shall be or provided existing hydrants to meet the for requirements all new construction of the IFC or Section additions 509.to 5. existing
buildings within 1,000 feet of the project.
Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved tum around. Phasing of the project may require a temporary approved tum
around on streets greaterthan 150'in lengthwithno outlet.
All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
Operational fire hydrants, temporary or perrnanent street signs and access roads with an all
weather surface are required before combustible constnrction is brought on site.
Commercial and office occupancies will require a fire-flow consistent with the Intemational Fire
code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The commercial lots lot will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Departrment has
experienced 2612 responses in the year 2004. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010.
The fre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical servic,e vehicles. This cost of this hstallation is to be
bome by the developer.
Maintain a separation of 5' from the building to the dumpster enclosure.
The applicant shall work with Planning Deparhnent staff to provide an address identification plan
and a sign that provides a range of addresses, which meets the requirements of the City of Meridian
sign ordinance at the required intersection(s).
All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
All portions of the buildings located on this project must be within 150' of a
paved surface as
measured around the perimeter of the building.
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 fwt (122 m) from a hydrant on a fire
apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordanc" *itt Seition
903.3.1.1 or 903.3.1.2 the distance requirement shalr be 600 feet (lg3).
a- For Group R-3 and Group U occupancies, the distance requirement shall be 600 fcet (lg3
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1 .2, the distance requirement shall be 600
feet (I83 m).
There shall be a fue hydrant within r00' of all fire departnent connections.
Buildings over 30' in height are required to have access roads in accordance with The Intemational
Fire Code Appendix D Section D105.
3.14
3.15
Exhibit B
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CITY OF MENDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I,2OO7
3.16 Buildings or facilities exceeding 30 feet (9laamm) or tlree stories in height shall have at least tbree
means of fire apparatus acsess for each stnrcture. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line.
3.17 Rightiniright-out turn Ianes are recommended at the furthest west access point to Overland Road
shown on the conceptual site plan submitted with this application.
4. Pol-lcEDrrmtpmxr
4.1 Right-ir/right-out turn lanes are recommended at the furthest west access point to Overland Road
shown on the concephul site plan submitted with this application.
5. Au CoUNTY IIIGHWAY DISTRICT
5.1
5.1.1
5.r.2
5.1 .3
5.r.4
5.1.s
s.1.6
(ACHD'S REPORT IS BASED ON THE oRIGINAL aONoEPT PI.AN SaBMITTED WITH THIS
APPLICATION, NOT THE PLAN ATTACIIED IN EXHIBIT A, TEAT ONLY SEOWS 2 FULL ACCESS
POINTS ON OVERI,AND ROAD. APPROVAL OF THE ADDITIONAL RIGHT-IN/RIGHT.OAT PROPOSED
ON OVERLAND, SHOIYN ON TEE CONCPET PLAN ATTACHED IN EXHIBIT A, MUST BE OBTAINED
WITH PRELIMINARY PL4T OR CERTIFTCATE OF ZONING COM?LIANCE APPLICATION.)
SITE SPECIFIC CONDITIONS OF APPROVAL
THIS APPLICATION IS FOR A REZONE AND ANNEXATION ONLY. UPON SUBMITTAL OF
A DEVELOPMENT APPLICATION ACHD WILL KEVIEW THE TRANSMITTED SITE PI-4N
AND APPLICATION, AND LEW FORMAL REQUIREMENTS ATTTUTTIME.
Widen the pavement on Stoddard Road and construct vertical curb, gutter, 7-foot attached (or 5-
foot detached) concrete sidewalk to one-halfofa 46-foot collector street section abutting the site.
Construct two full-access curb return driveways on Stoddard Road to a maximum width of 36-
feet. The frst driveway shall be located approximately 350-feet south of the signalized
intersection with Overland Road, and the second driveway shall be located at the south property
line.
Construct two full-access curb return driveways on Overland Road to a maximum width of 36-
feet. The first driveway shall be located approximately 435-feet east of the Stoddard/Overland
intersection and in alignment with the easternmost driveway for the Mountain View Equipment
site on the north side of Overland Road. The second driveway shall be in alignment with the
private road, Blue Marlin Drive.
Grant a cross access easement to the adjacent development @righton, I|{CZC4?-054)
to connect
the drive aisle at the signalized intersection on Overland Road to the public stub street (Alaska
Street) located at the south properry line of the adjacent parcels. The easement may be circuitous
and may be for drive aisles within the parking lots of both developments. The District shall
review and approve the language of the easement prior to recording to ensure it is meeting the
intent of the Findings of this report.
Other than the access specifically approved with this application, direct lot access is prohibited to
Overland Road and Stoddard Road.
Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF APPROVAL
Any existing irrigation facilities shall be relocated outside of the right-of-way
5.2
5.2.r
Exhibit B
\-./ \J
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2OO7
5.2.2
5.2.3
5.2.4
s.2.5
5.2.6
5.2.7
5.2.8
5_2.9
5.2.10
5.2.11
s.2.tz
5.2.t3
Private sewer or water systems are prohibited from being located within any ACIID roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
bome by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction ofthe proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
Utility street cuts in pavement less than five yeats old are not allowed unless approved in writing
by the Distdct. Contact the District's Utility Coordinalor at 387-6258 (with file numbers) for
details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicabl€ ACTID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certifo all improvernent plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporat€s any required design changcs.
Construction, use and property dev€lopment shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
Payment ofapplicable road impact fees are required prior to building construction The assessed
impact fee will be based on the impact fee ordinance that is ir effect at that time-
It is the responsibility of the applicant to verifu all existing utilities within tlre right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (l -800-342-1585) at least two full bushess days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACIID Traffic
Operations 387-6190 in the event any ACIID conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway Distdct. The burden shall be upon the applicant to
obtain written confrmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property
unless
a waiver/variance ofsaid requirements or other legal reliefis granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
V\J
CITYoFMENDIANPLANNINGDEPARTMENTSTAFFREPoRTFORTHEIIEARINGDATEoFAUGUST2T,200?
C. Legal Description & Exhibit Map
Llnlin al Bourlot i?\, bk \t AI.s
Lrnd Survcylng & Clvtt Englncering
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ATINEXATION DESCRIPTIO,TI
?O THE CITY OF iIERIDIAN
FOR
JAMES PRATHER
Tho ,buo\ring ddcrt c. ! Parel ol r6al propetty b€ing a poflion
oa ltle NE % ot
Sedbn 2a, T. 3 N.. R 1 W.. B.M . lr6.Uitn, Ada Cannly, ldaho. aod bcing morc
parlirtady dGcrib€d a8 hlbEl
CO IIIENCING 8t fia f{o{thcalt Cornsr ol ssid Sectcn 24 . rnaded by I Bra3s Cap:
Tlpncs alcng lhe Northery Boundtry Lin€ of tha NE % of tai, Scdion 2.1,
No(tl 8Sp48'34" Wb.t. 1300.4{, hGl to a pornt b3ing on ths Ftolongaliirn of thc
Ealbdy EouTdary LirE o, fiat Canein P8rool ol Land as stto,yn on Ro{od ol
Surv€y tlo. 5452, 6l6d br Rocod e lrlEfun€nl Nurnb6r 101007359. Rrcordg
ol Ade cotlnty, lddro. thc Po T oF BEGINIINO:
Thanca bsvirB ss6 No.tttcrly Eorrxbry Lhc. and dory taid Eadoo Boundsry
Line, aftl il's P.olo.lgEdon. Soulh Of45'05" Wc!t, 753.61 b.t lo the
Soutral Comcrof sold Par6l o,Ldld;
Thcnca baving 3ai, EsMy Boundary Lin€, 8nd ifc P'olonOltbn. and abng th€
Southarly Eoundary Llnc ol rai, P8rcal ot Lrd. ard its Probnga0on,
Norlh 8tr18'3a'Wosl, 1310.93 lb€t l,o a pont on lho \ l€8l9rly Bourdary Lins of 0le
NE % ot reid S€clbn 24;
Thenco halirE lhr s8i, Scr.fisdy Boundery Lh6. and ils Prohngatirn, and 8b.i9
Ole WesErly Bounda.y Lh! ol tfts NE % of sed S€ction 24, Noft 0051 '53"
Easr. 753.63 feot to th. No.lhw€3t Cornu o, th6 NE % of sai, S€dbn 24:
Thence leaving 3eE Wdtcrly Bourdsry Lin6, and alo{{ lh6 Northa/ry Eoondary Uno
of tla NE % ot said Soclim 24, Sodh 8tr16'34" E*t, '1309.44 hol lo tha
PO[{T OF EEGH}{|{6:
SaiJ parool ol land contains 22.67 acr€c more or le3s
suarEcr To
All as8tn€nts or rssrvdiom ol Racord o, ir use being m or acrms thc abova
d€scribGd pat6l o, land.
N
APR, ,, I
llE o^L ?u8llc
gaoaxs 0€P1
Exhibit C
Pag. 1 4ryz6l
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING
DATE OF AUGUST 2I
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CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TTIE HEARING DA'IE OF FEBRUARY 2, 2006
D. Required Findings from Unilied Development Code
1. Annexation Findings:
Upon recommendttion from the Commission, the Council shall make r full investigation
rnd shrll, at the public hearing, review the application. In order to grant a[ annexation
and/or rezone, the Council shall mtke the following findings:
i, Th€ map amendment complies with the applicable provisions ofthe compreh€nsive
plan;
The applicant is proposing to zone all ofthe subject property to C-G. The Council finds that
the proposed zoning map amendment complies with the applicable provisions ofthe
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe
StaffReport for more information.
b. The map ametrdment complies with the r€gulatiom outlined for the proposed district,
specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The Council hnds
that there are several uses that are allowed and conditionally allowed within the requested
zoning district of C-G. If the applicant complies with the conditions outlined in the
development agreement, the Council finds that the proposed commercial district will be in
compliance with the specifrc district regulations. The Council finds that fuhrre d€velopm€nt
of this property shouJd comply with the established regulations and purpose statement of the
C-G zone.
c. The map amendment shall not be materially detrimetrtal to the public health, safety,
and welfare;
If the applicant enters into a Development Agreement and complies with the provisions, the
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recorrunends that the Commission and Council rely on any
oral or rldtten testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City lncluding but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of sewices by any political subdivision providing services to this site.
c. The annexation is in the best ofinterest ofthe City (JDC 11-583.8),
The C-G zoning amendment will provide commercial area that is similar in nature to existing
and proposed comrnercial development in the vicinity. The Council finds that all essential
services are available or will be provided by the develop€r to the subject property and will not
require unreasonable expenditure of public firnds. In accordance with the findings lisred
above, the Council finds that Annexrtion and Zoning of this property to C-G would be
in the best interest of the city, if the applicant enters into a Development Agreement
(DA) with the City, as mentioned in Section l0 of the StrffR€port.
Exhibit D
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
?rW;;IDAHO ,ffi
In the Matter of the Request for Annexation and T.oning of 22.67 Acres from Rl & RUT
(Ada County) to C-G (General Retail and Service Commercial), by James Prather.
Case No(s). AZ-07-OO9
F'or the City Council Hearing l)ates of: August 21,2007 and September 4, 2007 (Findings
on the September 18r2007 City Council agenda)
A. Findings of Fact
1 . Hearing Facts (see attached Staff Report for the hearing date of Augu st 2l ,
2007 ,
incorporated by reference)
2 . Process Facts (see attached Staff Report for the hearing date of Augus t 2l ,
2OO7 ,
incorporated by reference)
J Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August2l,2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1,975," codified at Chapter 65, Title 67, Idaho Code (I.C. $67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 1l Meridian City Code, and atl current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
comprehensive Plan of the city of Meridian, which was adopted August G, zoo2,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
cAsE NO(S). AZ-07-009
4. Due consideration has been given to the comment(s) received from the govemmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe aftached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Departrnent and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the provisions ofthe
Development Agreement in the attached StaffRsport for the hearing date of August 21,
2007, incorporated by reference. The conditions are concluded to be reasonablo and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code g ll-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Annexation request with a C-G zone as evidenced by having submitted
the Legal Description stamped by Lawrence Koerner dated April 3, 2007, is hereby
conditionally approved; and,
2. The provisions of the Development Agreement are as shown in the attached Staff
Report for the hearing date of Augu st 21 , 2007
, incorporated by reference.
D. Attached: StaffReport for the hearing date of August 21, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
cAsE NO(S). AZ-07-009
By action of the City Council at its regular meeting held on the 4th day of
2007.
COLINCIL MEMBER DAVID ZAREMBA VOTED
vorno rdlrL
COT]NCILMEMBERCHARLIEROI,INTREE VOTEDT.-T"lrA \-
COUNCIL MEMBER JOE BORTON
MAYORTAMMYde WEERD
(TIE BREAKER)
+L_
VOTED -rt4
VOTED
T Weerd
c..r-
Attest:
iam G. Berg, Jr.,
Copy served upon Appli
Attomey.
'i
-!
1 I
Pu b c w orks D epartm ent and City
By: )/) ) Dated: ift.- t--t-L>-7
City Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
cAsE NO(S). AZ-07-009
COTINCIL MEMBER KEITH BIRD
CITY OFMERIDIAN dfr;';m
FrI\DTNGS OF FACT, CONCLUSIONS OF
LAW ATID
DECISION& ORDER
ID/\HO
In fre Matter of the Request for Annexadon and Zoning of 22.67 Acres from Rl & RUT
(Adr County) to C-G (General Retall and Servlce Commercial), by James Prafter.
CaseNo(s). AZA7409
f,'or tte City Councll Eearlng Dates of: Augut 21, 2fl)7 and September 4, 2fi)7 @ndhgs
on the September f E, 2(X)7 City Council agenda)
A. Findiags of Fact
1 . Hearing Facts (see attached StaIf Report for the hearing tlate of August 2 I ,
2007,
incorporated by reference)
2. Process Facts (see attached StaffReport for the hearing date of August 21,2Co7,
incorporated by refereace)
3. Application and Property Facts (see attached Staff Report for the hearing date ofAugust
21, 2007, incorporated by referenoe)
4. Required Findings per the Unified Development Code (see attached StaffReport for the
hearing dafe of August 2 I , 2007, incorporated by
reference)
B. Conclusions oflaw
1 . The City of Meridian shall exercise the powers confered upon it by the
..Iocal [.and Use
plenning Act of 1975," codified at Chapt€r 65, Title 67, Idaho Code
(I.C. 967-6503).
2. The Meridian City Council takes judicial notice of its Urdfied Development Code
codified at Title I I Meridian City Codg and all current 26ning 6aps the,reof. The City of
Meridian has, by ordinance, established fis ImFact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be revierrable by the City Couocil pursuant to Meridian City Code g
ll-5A.
CITY OF MER.IDIAN FINDINGS OF FACT, CONCLUSIONS OF I,AW A},ID DECISION & ORDER
cAsE NO(S). AZ07{09
4. Due considerafion has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order ofapproval in accordance with this Decision" which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant the Planning Departne.nt, the Public Works Departuent and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the provisions of the
Developmeirt Agreement io the attached StaffReport for the hearing date of August 21,
2007, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet zuch requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code g ll-5A
and
based upon the above and foregoing Findings of Fact which arc herein adopted, it is hereby
ordered that:
l. The applicant's Annexation request with a C-G zone as widenced by having sub,mitted
the kgal Description starnpod by Lawrence Koemer dated April 3,2W7, is hereby
conditionally approved; and
D
2. The provisions of the Development Agreement are as shown in the attached Staff
Report for the hearing date ofAugust2l,2007, incorporated by reference.
Attachod: StaffReport for the hearing date of Augost 21,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A}ID DECISION & ORDER
cAsE Nqs). Az47-0@
By action of the City Council at its regular meeting held on the 4tr day of
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED-,f4-
COUNCIL MEMBER JOE BORTON voreo
?tq_
coUNcrL MEMBER CHARLTE ROUNTREE VoTEDIF\_
COUNCIL MEMBER KEITH BIRD VOTED#
Weerd
Public Works Deparrment and City
Dated: ift- t..t-o-t
'{ Ar
Attest:
G. h.,
Copy served upon Appli
Attomey.
.l
By f aJ) /) (
CityClok
CITY OF MERIDTAN FINDINGS OF FACT, @NCLUSIONS OF LAW AND DECISION & ORDER
cAsE NO(S). AZ{7409
)
MAYORTAMMYde WEERD
(TIEBREAKER)
i.ileridian City Council
September 27, 2011
Page 33 of 38
of W. Overland Road and S. Stoddard Road Request:
Modification to the Existing Development Agreement to
Amend the Conceptual Development Plan and Certain
Sections of the Text of the Agreement in Accord with the
Proposed Changes to the Development Plan
De Weerd: Okay. Both ltems 9-G and H were moved to an earlier agenda item. I will
ask for Mr, Nary's comments on ltem 9-1.
Nary: Madam Mayor, Members of the Council, Joann Butler is here tonight on this item
as well. lf you recall about a month ago the Council in the modification development
agreement gave direction - this is regarding the fence for the Walmart parcel and the
discussion at the time was getting approval from the adjacent property owners to
replace the fence and the Council's direction was either to replace the fence or the
staff's original recommendation was to plant sufficient landscaping, essentially, as a
shield and a buffer for those adjacent parcels. So in that last month Mrs. Butler and her
staff have been working with the homeowners association to get those approvals and
they got approvals, but I think Mrs. Butler's concern is valid, that the approvals are
somewhat unclear as to what the people are actually approving and so she wanted to
discuss with the Council some potential change of that language if the Council would be
comfortable, and I will maybe let Mrs. Butler take it from that point and explain some of
the issues here.
De Weerd. Thought may be she had been punished for being last on the agenda.
Butler: Just felt that way. No. Joann Butler. 251 East Front Street in Boise. And I will
pass out a copy of the existing condition attached to the development agreement
regarding the eight foot vinyl fence, the proposal by staff and what we are proposing
tonight,
Nary: And if we really wanted to punish her we would put the Executive Session in front
of hers, but we didn't, so -
Rountree: Why not?
Butler: Thank you. We really did - we appreciated the Council direction 30 days ago -
roughly 30 days ago to try to work with the neighbors on trying to implement the
conditions from I think 2008 to replace the existing white vinyl fence with an eight foot
vlnyl fence. Trace Alcovich from the neighborhood association was very active trying to
get the various consents from the neighbors. The consents did range from wanting a
taller fence, an eight foot vinyl, stone, block, whatever - and there wasn't a consensus
that was reached. We are concerned that we wouldn't be able to get construction
easements all along the existing property line, so what we are proposing - and our
engineer has indicated that we could put up a fence between six and eight inches from
the existing fence, make sure that it goes up, allow the neighbors to connect to that
Merhlan City Councll
S€plembe.27, 2011
Page 34 of 38
fence, take down their fence and I have to say that the neighbors are not quite ot one-l
mind as to who actually owns the fence and Mr. Alcovich indicated that the association I
is not clear whether it owns -- whether the existing neaghbors do. So, strictly I think that J
the recommendation of the staff was just do the landscaping, don't worry about the
fence, but we appreciate what the Council said and we know that the neighbors want a
fence and so we want to make sure that we have got a condition that we can comply
with, so we want to make it a requirement to put that fence in. We are also doing the
landscaping. This doesn't mean in lieu of the landscaping. So, it would be the fence
plus the landscaping and that means that we would have a condition that we could
comply with. I have also told Mr. Alcovich - and I have mentioned it to staff - that
doesn't mean that we - just because we put a condition in place that we
know we can
comply with, we can continue talking about this. This is not happening tomorrow. That
over time if the - if we are able to get
correct or appropriate construction easements
along that length, we can actually put the fence in place. But we
just want to make sure
that we dont have an impossible condition attached to the development agreement.
So, that's what we'd propose and thank you.
De Weerd: Thank you. Any questions, Council?
Bird: I have none
Rountree: I have none.
Bird: Good job.
De Weerd: Okay. Council, I imagine that - and Mr. Nary can correct me if l'm wrong -
that we would need to have the new language added a motion-
Nary: Madam Mayor, yes. I think if the Council - Madam Mayor, Members of the
Council, if the Council's intent - you feel that replacing the existing fence, that this new
language would simply clarify that, that you're still getting, essentially, what was
discussed, which was a fence along the property boundary and instead of replacing the
existing fence, essentially board by board, we are going to replace it with a new fence
that's adjacent to their property, so that it still serves the purpose, then, really, your
motion can just be proposing this language change. I think it would still need to
be
corrected by planning and, then, brought back next Tuesday for final approval, but
rather than having another hearing to have this particular issue, we feel this satisfies
that. lf you don'l think that's satisfactory and you think another hearing is warranted,
that's certainly your option to do that as well.
De Weerd: So, Bill, were - were the
neighbors - or at least the homeowners
association aware that this was in front of Council tonight?
Meridian City Council
Soptember 27, 201,|
Paga 35 of 38
Nary: Madam Mayor, Members of the Council, as far as I know they were aware it was
in front of Council tonight. lt was on -- it's been on the agenda since the last time it was
set. But I don't know that they were specifically told about it.
Hood: Madam Mayor, I can only answer that we -- we didn't notice this as a public
hearing, but as Mr. Nary indicated, it's on that agenda on the website and other various
forms, so I don't know that anybody knocked on doors or - I know we didn't send out
notices, but certainly it's public information, so it's out there, but, no, we didn't do invites.
Butler: Joann Butler again. I met with Mr. Alcovich on site last week. I guess it was
Thursday. And he was aware and we talked about the fact that this was up before the
Council, so I do believe they understood that. Thank you.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Without - if we have no further discussion - and I - we have all been privy to the
e-mails that went back and forth between the applicant and homeowners and stuff and I
think they have kept them very well informed. I would move that we include the
proposed language by the applicant as printed - do I need to read it orjust -
Nary: lt's provided in writing, so I think that's fine.
Bird: As provided in the writing by the applicant
De Weerd: I have a motion and a second lo approve the new language
"pprou"O - orl
proposed by the applicant to brought back next week. Okay. Madam Clerk, will Vou
call.-[
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALLAYES,
Item 10: Ordinances
A. Ordlnance No. 11-1496: An Ordinance Amending Tifle l,
Chapter 5, Section ,t
of the Meridian City Code, Regarding the
Gorporate Seal of the City of Meridian
Rountree: Second.
Meridian City Council
August 23, 2011
Page 39 of 77
owners of the property on the other side. lt's one of those issues that I hope that all the
neighbors along that area can get on board and support. lthink Councilman Rountree
has thrown up some things that possibly might work and as we move down that fence to
the emergency access, if that's not needed anymore for emergency, to close that off
completely, but allow pedestrian access and assure that that's not going to be a future
use for a vehicle access, I think would be a - would be a good thing, but I think we can
do some things along that area to - to meet some of the needs that the residents there
in Bear Creek have expressed.
Rountree: Madam Mayor, I will propose a motion. I move that we approve the
development agreement modifications with the following addition and change. The
addition would that if it's determined by staff that the emergency access can be
removed, that that access be designed solely as a pedestrian access. lf the access
should remain, that the applicant should redesign or replace the bollards, so vehicular
traffic cannot bypass. With respect to the fence, the applicant will replace the exrsting
vinyl fence with an eight foot fence provided agreement can be reached with the
homeowners association and the adjacent property owners. lf that cannot be
accomplished within a month, then, the recommendation by stafi with respect to
Iandscaping be pursued after that's brought back to City Council for consideration.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second
roll.
Any discussion? Madam Clerk, will you call
\
Roll-Call: Bird, yea; Rountree, yea Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. And I think clear direction for staff?
Friedman: Madam Mayor, yes, Members of the Council, is it your desire that we come
back to you in a month with an answer on the fencing along the south boundary, as well
as we will check with fire and police regarding the emergency access also?
Rountree: Thank you.
De Weerd: That would be great. And just a reminder, when - when Walmart - they
weren't originally looking at the site, they were talking to the city on a different site in
south Meridian, but I will say part of the discussions were they were going to be a new
and updated look and it was going to be something the community would be proud of.
so, that has stuck in my head and I just look forward to what this look is going to
be,
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ALBANO GRACIELA M & ALBANO
BIENVENIDO
520 W ELL{S ST
MERIDIAN, ID 8.J 642-0000
BEAR CREEK HOAINC
PO BOX 1246
MERIDIAN, ID 8368O.OOOO
BEAR CREEK HOMEO\ITNERS
ASSOCIATION INC
6223 N DISCOVERY WAY STE I2O
BOISE, ID 8371-3-0000
BEEDE ROBERT P & BEEDE SUSAN E
1772 SRI\,ERCHASEWAY
EAGLE, ID 836I6-0000
BOLLWINIIEL BRETT C & BOLLWINKEL
TARAM
3.30 W DAVENPORT CT
IdERIDIAN, ID 83642-0000
BOWDEN PROPERTIES LLC
4OOWOVERLANDRD
MERIDIAN. ID
BRYANT ELIZABETH J
632 W ELIAS ST
MERIDIAN, ID 83642-0000
DAVIDSON DANIEL C
I92I SICEBEARWAY
MERIDIAN, ID 83642.0000
GRACE CHARLES SCOTT & GRACE JEAN
A
456 W ELIAS ST
MERIDIAN, ID 83642.0000
HENNINGTOM & HENNING DENISE
665 W DAVENPORT ST
MERIDIAN, ID 83642-0000
ALTRINGER SCOTT A &ALTRINGER
CAVIILLEA
55I WDAVENPORT ST
MERIDIAN, ID 83642-0000
BEARCREEKHOAINC
PO BOX 1246
MERIDIAN,
BEAR CREEK HOMEOWI'IERS
ASSOCIATION INC
6223N
BOISE
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BICKLER ROBERTEDWIN JR & BICKLER
DONNAMARIE
I99I SBEARTOOTIIWAY
MERIDIAN, ID 83642-0000
BOWDEN PROPERTIES LLC
4OO W OVERLAND RD
MERIDIAN, ID 83642.8I05
BOWDEN PROPERTIES LLC
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HOLMES KEITH D & HOLMES SI]SAN J
355 W DAVENPORT CT
MERIDIAN, ID 83642.0000
JOHNSON ERIC V & JOHNSON TAMMY L
337 W DAVENPORT CT
MERIDIAN, ID 83642.0000
KEY JERRY & KEY RACHEL
716 W DAVENPORT ST
MERIDL\N, ID 83642-0000
KOSTERDOI]GLAS & KOSTER MARSIIA
.3I24 STEVENSON DR
PEBBLE BEACH, CA 939J3-OOOO
LANCE ARLEN R & LANCE DARLENE E
?o Box 682
MERIDIAN, ID 83642.0000
LARSONHARRY
.]26 W DAVENPORT CT
MERIDIAN, ID 83642-000O
METOYEREDWARD R
3334 PRESTWICK SQI/ARE
MISSOIiRI CITY, TX 77459-2889
PRATHER JAMES & PRATHER PAMELA
2i95 S LINDER RD
MERIDIAN, ID 83 6 42 -6 525
PRATHERJAMES & PRATHER PAMELA
2595 S LINDER RD
MERIDIAN, ID 83642-6
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JONES STEPHEN C & JONES KATHRYN L
6II WDAVENPORTST
MERIDIAN, ID 83642.0000
KIMSEY CINDY L
63IWDAVENPORTST
MERIDIAN, ID 83642.0000
KOURILJAMES J
3T4WDAVENPORT CT
MERIDIAN, ID 83642-0OOO
LANGTON MARJORIEL & LANGTON
MICHAELJ
1906 DANMORE DR
BOISE, ID 83712-0000
LOMAN VALKYRIE K
480 W ELIAS ST
MERIDIAN, ID 83 642-0000
MOTTNTAIN VIEW EQIIPMENT CO
PO BOX 690
MERIDIAN, ID 8]680-0690
PEARSON LISAA
636WI\ODIAKDR
MERIDIAN, ID 83642.0000
PRATHER JAMES & PRATHER PAMELA
2J95 S LINDER RD
PRATHER JAMES & PRATHER PAMELA
259J S LINDER RD
MERIDL{N, ID
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SHADDICK FREDERICK & SHADDICK
CAROLYN
I97O S BEARTOOTH WAY
MERIDIAN, ID 83642-0OOO
VENGA VENTI,IRES LLC
PO BOX 5763
I\ETCHUM, ID 83-340-0000
WESTHUSIN TIMOTHY L & WESTHUSIN
KIMBERLEED
590 W DAVENPORT ST
MERIDIAN, ID 83642-0000
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VOUZIKAS TED & VOUZII\AS POPE
1969 S BEARTOOTHWAY
MERIDIAN, ID 83642.0000
WILSON RYAN M & WILSON WILLIAM D
2976 S BO DANIEL LN
NAMPA, ID 83687-0000
SMITH ROBERT B & SMITH JENNIFER S
I95I S BEARTOOTH WAY
IVIERIDIAN, ID 8-3 642-0000
VENGAVENTI,'RES LLC
PO BOX 5763
KETCHI]M, ID
WILHITEBRADY J
398 W DAVENPORT ST
MERIDIAN, ID 83642-0000
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SI]MNER RONALD G & SI'MNER N]LIA A
498 W DAVENPORT ST
MERIDIAN, ID 8]642-00OO
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Changes to Agenda: ltem # 8. A On November2,2010, the applicant
withdrawal of the variance application,
Item #88: Walmart - Overland/Stoddard (M0A.11.005)
ication(s):
i lVodification to the existing development agreement for Queen
development plan & certain provisions of the agreement.
Size of property, existing zoning, and location: This site consists of 19,73 acres, is cunently zoned C-G, and is
located on the southeast comer of W. Overland & S. Stoddard Roads. f tn,.\ ln<,cl,nr.,l
Background: This property was annexed in 2007 with a C-G zoning district consistent vilth the Comprehensive Plan
future land use map Commercial designation & deemed appropnate to develop w/commercial uses as allowed in the
C-G district.
A development agreement (DA) was required as a condition of annexation that included provisions for development
of the site along with a conceptual development plan. The plan depicted a malor retail shopping center but was
conceptual since the onginal developer did not have specific users for the site at that time.
ln 2009, a modification to the DA was approved that included a revised concept plan to accommodate the
development of ICON Credit Union at the northeast corner of the site. The revised plan depicts square footages for
the building pads shown & the text of the agreement required all buildings, except for the two 6K s.f. pads at the
northeast comer of the site to be limited to 150/o over or under the sizes shown except for the largest building pad
which could not exceed 170K s.f. Since that time, ICON has purchased that property
& the credit union has been
constructed.
Walmart is the contract purchaser of the remainder of the site that is the subject of this application. The ICON
property will remarn under the existing DA & the portion Walmart is in the process of
purchasing will be under an
amended & restated DA if approved.
Summary of Request: The applicant's proposed modificatons to the DA are:
revised orientation of the largest building pad on which Walmart is proposed from facing no(h toward
Overiand to facing east, The rear of the building is proposed to face Stoddard instead of Bear Creek
Subdivision with parking on the interior of the development.
The removal of the requirement for a landscape buffer to be provided along the rear
of the buildings along
the south boundary. The 25' wide buffer required by the UDC deng+e+euth,preBefl]ine adjacent to
residential uses will remain a requirement.
A change to the text that would require the developer to "provide" an 8' tall white vinyl fence instead of
"replace'the existingfftrdl vinylfence with an 8'tall vinylfence, with the property ownels consent, along
the south boundary of the site in addition to providing lffid$Eaping within the buffer. lf the existing fence
remains & a new 8' tall fence is constructed on the suhjxtpropetly, it would create a double fence with
space in between which could resuft in maintenance problems as wel/ as nof be
y,b ually pleasing to the
residents. ln order for the existing fence to be replaced with an I' tall fence, consent would be resuired from
ALL of the propeily owners. Sta, ,b of th e opinion neither option is feasible,for thegt ree,sonf.rffi
rk.4-/e
'
recommends the fencing requirement be eliminated & trees be provided within the buffer that are a
minimum of 8' in height when planted d consisttll a mix of evergreen & deciduous lrees and shrubs thaf
will result in a banier that allows trees to touch at the time of maturity.
ln addition to the applicant's poposed changes to the DA, Staff recommends the following:
. lnclusion of a requirement for compliance with all cunent design standards listed in the UDC along with the
guidelines listed in the l\,leridian Design Manual.
. lnclusion of a requirement for street lighting to be installed along the project's frontage on Overland &
Stoddard Roads in accord with the City's lmprovement Standards, prior to occupancy of the first building on
the site.
. Inclusion of a requirement for an easemenl granling cross-access to lhe ICON property at the northeast
comerof the site to be submitted with the first CZC application foFthesit€-
o lnclusion of a provision prohibiting ovemight recreational vehicle parking/camping on the site.
. lnclusion of a requirement for an 8' wide multi-use pathway to be provided along the4ast boundary
of thq
site from where Ataska Street stubs at the south boundaryto tnerEcHa'f grr$tt '
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west boungqry adjacent to Stoddard from the south boundary to the overland/Stoddard intersection.
t.\
Written Testimonf{#rank BalkoveE; Dan Albert; Adam & Ashley Clark; Jim & Sara Schmidt; Shana Silvestri; Ryan
Heybornei Lori McBride; Shelia & Terry Hunnicutt; George & Laura Webb; Patrick Morandi; Kevin Denton;
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Application(s): /
> Two (2} vear time extension & tht gre[i.n,*a tt^}
.frr MeJJlhr.
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Size of property, existing zoding, add location:cThe remaining acreagetd ki platted is appmlimately 35.09
{,'7 ., r* acres. and S. The Eagle property Road. is cunently zoned R-8 and is north of E. Amity Road; midway between S. Locust Grove Road
Item 8C: Messina Meadows (TEC.11.003)
Summary of Request: This is the third time extension requested for the subject preliminary plat. The applicant has
been unable to commence with Phase 3 due to the current housing market,
As a condition for granting a time extension, the City may require compliance with the cunent provisions
of the UDC.
Staff has reviewed the pertinent files related to the Messina Meadows project and offem the following assessment
of
the project:
1) the preliminary plat meets the cunent open space and site amenity standards listed in the UDC;
2) the planned development requires compliance with a concept plan and building elevations and;
3) the remaining property left to be platted meets all of the R-8 dimensional standards in
the UDC.
Staff recommends approval of the time extension with no modiflcations to the conditions of approvals approved with
the Messina lvleadows p@ect.
Wriften Testimony: Staff has received an email from the applicant stating he is in agreement with the staff report.
The Clerk's office aho received a complaint regarding the weeds growing on the property. The applicant has been
notified of the complaint and has informed staff that the weed removal is undenrvay.
Outstanding lssue(s)for City Council: None
Notes: lt\ t eL 4't reorful
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Item #8D: Regency at River Valley (VAR-11-002) s
Application(s):
> Vanance to UDC 'l'l-3H-48
to allow a temporary right-in/righlout access for the site via N. Eagle Road
Size of property, existing zoning, and location; This site consiasof 13.56 acres, is cunentttzoned R-40 & C-C,
and is located at 2500 N, Eagle Road, mrdway between Fairview & Ustick.
Summary of Request: The UDC requires access to be acquired from a street other than the state highway (SH
55/Eagle Road) if an applicant proposes a change or increase in intensity of use on the property,
The property was
previously zoned RUT in Ada County and was a residential property. Subsequent to annexation, a high density
residential development was approved on the eastem portion of the site. Future commercial use is planned for the
western portron of the property, thus constituting a change in use and increase in the intensity
of the use on the
property.
The applicant proposes a temporary nghlin/righlout access for the site via N, Eagle Road until such time as E, River
Valley Road is extended along the southem boundary of the site. Due to the existing alignment of River Valley on
the west side of Eagle Road, the RoW for the extension of River Valley on the east side of Eagle lies entirely on the
property to the south, the Meridian Town Center (aka Centecal) site. Until such time as River Valley is extended,
access is not available to this site, unless the subject variance is granted. Granting the variance will allow the
applicant to move forward with occupancy after construction of the apartments if necessary while waiting for the
extension of River Valley to be completed.
Once River Valley is constructed, the access from Eagle Road will be removed and access to the multi-family
development will be provided via two access points to/from River Valley; emergency access only will be
provided via
Allys Avenue at the east boundary. Future access to the commercial portion of the site will be provided through
cross-access easements with adjacent properties to the south via a driveway to the future extension of River Valley.
The #commentthe@ldaho Transportation -bther than Department a permit will (lTD) be submitted required for a response work to be to done this application within the State stating ROW.
they have ITD approval no will
take place when the permit is applied for.
Written Testimony: Response from the applicant's representative in general agreement w/the staff report
Staff Recommendation: Approval per the frndings in Exhibit B of the staff repon.
Notes
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Item #8G: UDC Text Amendment - Wine & Beer Shops (Z0A-11-003) w{
Application(s):
> Amendment to the text of certain sections of the UDC to allow for retail wine and beer shops to offer
servings of such for purchase by the bottle or glass.
Summary of Request: The Planning Department is proposing changes to the UDC to add a new use calegory that
is different from a restaurant use in that food isn't served & beer/wine is offered for sale; and is less intense than a
drinking establishment and offers beer/wine sales. The use includes, but is not limited to, wine shops and brewing
supply stores and does not include drinking establishments, restaurants, or stores that sell wine & beer but do not
offer servings. /
The new use is proposed to be a permitted use in the C-N, C-6 C-G, O-T, and TN-C districts and an accessory use
in the H-E district. Specillc use standards are proposed to regulate the proposed use that require the applicant to
maintain a cunent wine & beer sales permit for on-premise consumption (which includes retail sales) and that
prohibits liquor sales, The applicant is required to comply with all state, county, and local laws regarding serving
alcohol. Wine & beer servings are limited to the hours between 'll
am and I pm; store hourc of operation are not
limited unless otherwise restricted by the UDC. ru
Commission Recommendation: Approval at the 7/21 public hearing
Summary i, of ln Commission favor: Planning Public Dept. Hearing:
ii. ln opposition: None
iii. Commenting: None
iv, Written testimony: llene Dudanake, Chnstina Branesky
Key lssue(i. s) of Clarillcation Discussion on by cnteria Commission:for determinatron of proposed new use vs. a drinking establishment or
restaurant
Key Commission i. Extend Change(the hours s) to in which Staff Recommendation:beer/wine may be served ft@-to 'lopm
Written Testimony since Commission Hearing: None
Outstanding lssue(s) for City Council: None
Notes
4
Item #8H: UDC Text Amendment - Water Conserving Landscapes (20A.11.004)
Application(s):
Notes:
) Amendment to the text of certain sections of the UDC to encourage the use of water-conserving landscape
designs.
Summary of Request: The Planning Department is proposing changes to the UDC to offer incentives for inclusion of
water conserving landscape designs. A list of approved waterconseNing tree species is included as a reference in
addition to the tree species identified in the publication entitled "Tree Selection Guide for Streets and Landscapes
Throughout ldaho" by the Urban Forestry unit of the Boise Parks & Recreation Department.
The UDC requires landscaped areas to be at least 70% covered with vegetation at maturity, The proposed
amendment allows an exception to be approved by the Director for water conserving designs that meet certain
standards.
The amendment also allows for re-use water to be used for inigation when avarlable.
The UDC requires a secondary source of water to be provided for inigation. The amendment allows for an exception
to this standard to be approved for water-conserving designs that demonstrate certain criteria and allows for a waiver
by the Director for a secondary source of water to be provided.
This change is supported by a goal of the Comprehensrve Plan that states, "Reduce reliance on
City water (potable)
for irrigation through use of recycled water, public education and adoption of water conserving landscape guidelines."
Commission Recommendation: Approval at the 7i21111 public hearing
Summary of Commission Public Hearing:
v. ln favor: Planning Dept.
vi. ln opposition: None
vii. Commenting: None
viii. Written testimony: None
Key lssue(s) of Discussion by Commission: None
Key Commission Change(s)to Staff Recommendation: None
Written Testimony since Commission Hearing: None
Outstanding lssue(s) for Cig Council: None
v
Item #81: UDC Text Amendment - Dispatch Centers (ZOA-11-005)
Application(s):
> Amendment to the text of certain sections of the UDC to allow for dispatch centers for mobile services
Summary of Request: The Planning Department proposes to add a new use category in the UDC for mobile servic€
providers. Contractors and other personal and/or professional services that travel to the customer as
part of the
service provided are included in this category (examples: taxis, landscape maintenance contractors, carpet cleaners,
maid service, and food delivery); this use excludes the service and/or repair of fleet vehicles.
This use is different from a contractor's yard in that equipment associated with the mobile service is contained within
the vehicle and the provider travels to the customers to perform work; work is not camed out on the site.
The new use is proposed to be a permitted use in the C-G and l-L districts and
a conditional use in the C-N, C-C, L-
O, and M-E districts. Specilic use standards are proposed to regulate the proposed use that
prohibit outdoor storage
of materials; require adequate off-street area to be provided for fleet vehicle storage; and that prohibits the site from
being used as a contractor's yard, a vehicle wrecking or junk yard, and/or
a freight or truck terminal.
Commission Recommendation: Approval at the 7/21 public hearing
Summary of Commission Public Hearing:
ix, ln favor; Planning Dept,
x, ln opposition: None
xi, Commenting: None
xri. Written testimony: None
Key lssue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Written Testimony since Commission Hearing: None
0utstanding lssue(s)for City Council: None
Notes
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4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY
4.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
All future development of the Properly shall comply with City of Meridian
ordinances in effect at the time of development.
The Owner/Developer shall be responsible for all costs associated with sewer and
water service installation.
1, Prier te issuanee ef a eertifieate ef Zening eemplianee fer the first building en
*e-easf@e*edt
The public stub street (Alaska Street) in Bear Creek Subdivision along the south
property boundary shall not be extended as a public or non-public street into the
Property but shall be used as an emergency access point and pedestrian pathway
into the Properfy. At no time shall construction traffic associated with the
development of the Property be allowed to access this Property using Alaska
Street.
Access points tolfrom the site are limited to those shown on the conceptual
development plan attached hereto as Exhibit B and by this reference
incorporated herein, unless otherwise restricted/approved by ACHD.
7' The drive ai^le legs eff the internal full aeeess peint' telfrem everland Read and
telfrem Steddard Read; te the nerth and rvest ef the main retail building, shall be
eenstrueted as shervn en *e eeneeptual develepment -lan se that vehieles
Prior to issuance of the first Certificate of Occupanc), for either of the two
properties along the east boundary. econstruct a multi-use pathway from the
sidewalk on the stub street at the south boundary (Alaska Street) aeress-the-si+e
along the east side of the properLv, connecting to the pathway on the ICON
Credit Union site to Overland Road. Prior to issuance
occupancy for the lareest building pad. construct a multi-use pathway from the
south boundary within the street buffer adjacent to S. Stoddard Road along the
west side of the property to the Overland/Stoddard intersection. In the interim of
the Pathway along the east boundary being constructed.
a pedestrian connection
shall be provided from Alaska Street at the south boundary to the Walmart site
and Overland Road as shown on the concept plan with development of the largest
building pad. A publi" p"d"rt iun
"u."*"rt
rhull b" .".o.d"d fo. th" po.tiori of
the pathwavs that lie outside of the right-of-way on the subject propertv: a copy
2.
)
5
6.
8.
Walmart Overland Stoddard MDA-I I-005 Page 14
I
9
of said easement shall be submitted to the Planning Department with the related
Certificate of Zoning Compliance application.
The Owner/Developer shall design and construct the multi-use pathwayq in
accordance with UDC 11-34-8 and in conjunction with the Parks Department's
standards, except that the pathwayg is are allowed to be 8 feet in width, instead of
10 feet. Additionally, where the pathway(q) crosses drive aisles, the pathway(q)
Shall be distinguished from the driving surfaces through the use of pavers"
colored or scored concrete, p1-bdgk!. Any changes to these requirements can be
done pursuant to Article 17 of this Agreement.
The Owner/Developer shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit and administrative design review in accordance with
the standards listed in UDC 11-34-19 and the guidelines listed in the Citv of
Meridian Design Manual, prior to all new construction on the Property. (NO+B
The internal building shall net be subieet te the 8 feet pedestrian w'alkw'ay
Development of this Property shall be generally consistent with the conceptual
development plan (attached as Exhibit B). The largest building proposed on the
site shall be not exceed 170.000 square feet and shall have horizontal banding in
a different color and/or material on the side and rear elevations of the building.
Future development of the outlots depicted on the conceptual development plan
shall be in accordance with the UDC applicable at the time of such development.
The following uses shall be prohibited along the southern half of this site: fuel
sales facilitv: buildine material. garden equipment & supplies: and vehicle
washing facilities.
Construct a 25-foot wide landscape buffer along Overland Road in accordance
with the standards in UDC 1i-38-7.
Construct a 20-foot wide landscape buffer along Stoddard Road in accordance
with the standards in UDC 11-3B-7.
At least a 60-foot wide separation is required along the southern Property
boundary. Within said 60 feet a 25-foot wide landscape buffer shall be
constructed at the south property line, then a drive aisle. Landscape buffers shall
be designed and constructed in accordance with UDC I l-38-9.
Along the southern boundary of the Property, provide a mix of everg'een and
deciduous trees and shrubs that are a minimum 8-feet in height when planted and
result in a barrier that allows trees to touch at the time of maturitv an-8-feet+all
whit€-Subdivisionin@Creekviny++fl€€ to assist thelandscapingrequirementslistedin in providing a buffer to the residents in Bear
IIDC l1-3B-gC.l.a and b.
The Owner/Developer shall comply with all landscaping standards described in
trDC I l-3B, including but not limited to UDC 1l-3B-g which outlines the
standards for parking lot landscaping.
10.
I l.
12.
l3
t4.
15
16.
Walmart Overland Stoddard MDA-l l-005 Page
15
17, The trees that eurrently exist en this site shall be retained er m:tigatien shall be
with the Parks and Reereatien Deprtrnent regarding the remeval er replaeement
@
18. Owner/Developer shall be responsible to install street lighting along the project's
frontage on W. Overland Road and S. Stoddard Road in accord with the City's
lmprovement Standards. prior to occupancy of the first building on the site.
19 Owner/Develop shall record an easement granting cross-access to the ICON
Credit Union property at the northeast corner of the site (parcel #R7288000004).
A copy of said easement shall be submitted with the first Certificate of Zonins
Compliance application for this site.
20. Overnight recreational vehicle parkingy'camping on the site is prohibited.
DEFAULT/CONSENT TO DE.AI[NEXATION AND REYERSAL OF ZONING
DESIGNATION:
5.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and
conditions included in this Agreement shall constitute default under this Agreement.
5.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement,
Owner/Developer shall have thirry (30) days from receipt of written notice from City to
initiate commencement of action to correct the breach and cure the default, which action
must be prosecuted with diligence and completed within one hundred eighty (180) days;
provided, however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed to cure
such failure may be extended for such period as may be necessary to complete the curing
of the same with diligence and continuity.
5.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as
described in Section 5.2, OwnerlDeveloper shall be deemed to have consented to
modification of this Agreement and de-annexation and reversal of the zoning
designations described herein, solely against the offending portion of Property and upon
city's compliance with all applicable laws, ordinances and rules, including any
applicable provisions of Idaho Code $$ 67-6509 and 67-6511.
Owner/Developer
reserves all rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and obligations
contained herein.
5.4 Delay. [n the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes that are beyond the reasonable control of
the parry responsible for such performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
Walmart Overland Stoddard MDA-l l-005
Page 16
5.
kw*,Jd DA
O-*")
Section5(pages4&g
USES PERMITTED BY THIS AGREEMENT;
8. The fwo building pads showu on the coocept plan at the northeast comer of the sitc
should have-ao allolw earking stalls between the buildings aad Overland Road
conslstent wtth the alestm stsndads @ntatned itr UDC 11.3A-19 atrd the City of
Meridisn Desis Marual.
12, pder
te ioeuaaee ef ttre
f,rrt eer-aem {onstuct a multi-use pathway
from the sidewalk otr the stub street at the south boundary (Alaska Stre€t) across the
8itq out to the sidewalk at the traffic signal on Overland Road. h*heiJ$rnad*l€{e
Sald oathvav
msv be constnrcted ip two ohases with devdooment ofparcels Nos. I & 3 as showp
on Record of Survev r.ecorded on November 25. 20(D. as bab m€nt No.
1(DIii2349. rccords of Ada Countv. tdeho. (attached hereto ae ErhtDit A) and
shall frcpe**ayf;rmt be constnrcted prior to occuFrncy of ther the buildines on each
of the aforemendoned oercels. The applicaat shall design and coastnrct the multiuse
pathway in accordance with UDC 11-34-8 aad ia conjunction wi6 the parks
Department's standards. except that the pdhwav is dlowffi
instead of 10 feet. Additionally, where the pathway crosses drive aisles, the pathway
shall be distinguished from the driving surfaces thmugh the use of pavers, colored or
scored coocrete, or bricks (not paint). Any changes to these requirements can be done
pursuant to Article 14 of lhis Agrecmant,
13. Development of this sirc plan shall be generally consistent with rhe conccptual building
elevations (photos) and Conceohral Develooment Plan (attactred
as Exhibit B). eite
@ Additionally, the rear clcvation of the
largest building proposed along the sou{p6 [6q1d4y chal'l have horizontal banding
and/or includc a vaicty of marerials. Vtllth ltecxceudon of Parcel Nos. 1 erd 2. as
showl on the Record of Survev recorded November 25. 2lX)9. as Inshuncnt No
1(Dilt2349. rccords of Ada Countv. Idaho. Iindivi&ral buildings within this
development shall bc limircd to 15% over or under the sizqs shown on thc concept plan
except for the largest buil,ling pad whicft shall not slce€d l70,0OO squarc feet, and thc
minimum number of buildings allowed on the site shall no less than four and no more
than six. The foresoins bulldfits slze restrlcdons ghell not aoplv to bulldirsg
constructed on Parcel Noo. 1 and 2 frontirs on Overlatrd Road.
17. Replace the existing fence, with the propefty owner's conseat, along the sourhem
boundary of the site with ag ($foot tall €on€Eete-*,etr whlte vinvl fence to assist in
providing a buffer to the resideno in Bear creek subdivision in addition to the
landscaping requirements listed in UDC 1l-3B-9C a & b.
FIRSTAMENDMENTTO DEVELOPMENTAGREEMEI{T (MDA O9{O+
QIJEENSLAND ACTES) PAGE2OFs
Ori rrn<l DA
3 Czrrt)
1. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of faffic, noise, smoke, fumes,
glare or odors.
2. Ail future development ofthe subject prope4y shall comply with
City of Meridian ordinances in effect at the time of development.
3. The applicant shall be responsible for all costs associated with
sewer and water service installation.
4. Prior to issuance of a Certificate of Zonrng Compliance for the
first building on this site, provide City Statr \4rith a copy of a
recorded document(s) sranting vehicular
cross-access and cross-
parking between the properties on this site; and granting cross-
access to the adjacent development to the east (Lowe,s).
5. The public stub stoeet (Alaska Steet) in Bear creek Subdivision
along the south properly boundary shall not be extended as a
public or non-public street into this site but shall be used as an
emergency access point and pedestrian pathway into the site. At
no time shall construction traffic associated with the development
of this site be allowed to access this site using Alaska Street.
6. Access points to/from the site are limited to those shown on the
concept plan unless otherwise restricted/approved by ACHD.
7. The drive aisle legs off the internal full access points to/from
Overland Road and to/from Stoddard Road, to the north and west
of the main retail building, shall be constructed as shown on the
concept plan so that vehicles pulling out ofthe parking spaces are
not backing out into the drive aisles.
8. The two building pads shown on the concept plan at the northeast
comer of the site should have no parking stalls between the
buildings and Overland Road.
9. The building pad proposed at the comer of Stoddard & overland
should be situated so that parking is evenly dispersed around the
front, rear, and sides of the building as shown on the conceptplan
or situated closer to overland Road, similar to the structures
depicted on the northeast portion of the site.
10. Prior to issuance ofthe first certificate of occupancy, construct a
multi-use pathway from the sidewalk on the stub street at the
south boundary (Alaska Steet) across the site, outto the sidewalk
at the t'ffic signal on overland Road. In the altemative the
Developer shall depict the multi-use pathway on the cZC
application necessary for second building site to be developed on
DEVELOPMENT AGREEMENT (AZ 07
_OOg)
QTTEENLAND ACRES
PAGE 4 OF 12
the properfy that is currently depicted on the site plan rather than
the large scale building that is proposed to be built first. The
pathway must be constructed prior to occupancy ofthat building.
The applicant shall design and construct the multiuse pathway in
accordance witi UDC 1 l -3A-8 and in conjunction with the parks
Deparhnent's standards. Additionally, where the pathway crosses
drive aisles, the pathway shall be distinguished from the driving
surfaces through the use ofpavers, colored or scored concrete, or
bricks (not paint). Any changes to these requirements can be
done pusuant to Article 14 of this Agreement.
11. The applicant shall be responsible to obtain a Certificate of
Zoning Compiiance (CZC) pennit and administative design
review in accordance with the standards listed in UDC I 1 -3A- 1 9,
prior to all new construction on the subject property. (NOTE:
The intemal building shall not be subject to the 8-foot pedestrian
walkway requirement to the perimeter sidewalk.)
12. Development of this site plan shall be generally consistent with
the concephral building elevations (photos) and site attached as
Exhibit A of the staff report. Additionally, the rear elevation of
the largest building proposed along the southern boundary shall
have horizontal banding and/or include a variety of materials.
Individual buildings within this development shall be limited to
15% over or under the sizes shown on the concept plan except for
the largest building pad which shall not exceed 170,000 square
feet, and the minimum number of buildings allowed on tle site
shall no less than four and no more than six.
. The following uses shall be prohibited along the southem portion
of this site, south of the northemmost full access drive to/from
Stoddard Road shown on the concept plan: fuel sales facility;
building material, garden equipment & supplies; and vehicle
washing facilities.
14. Construct a 25-foot wide landscape buffer along Overland Road
in accordance with the standards in UDC I 1-3B-7.
15. Construct a 20-foot wide landscape buffer along Stoddard Road
in accordance with the staadards in UDC I l -38-7.
60-foot wide separation is required between the residential lots
DEVELOPMENT AGREEMENT (AZ O7.OO9)
QUEENLAND ACRES
along the southem property boundary and the rear of the
buildings. Within said 60 feet a 25-foot wide landscape buffer
shall be constructed at the south property line, then a drive aisle,
and then an additional buffer at the rear of the buildings, with an
allowance for access to loading areas for the smaller retail
PAGE 5 OF 12
I
building(s) on the southeast portion of the site said buffer shal
substantially comply with the buffer example shown in Exhibit
A.4 of the sta{f repon. Landscape buffers shall be designed and
constructed in accordance with UDC 1l-3B-9.
17. Replace the existing fence, with the property owner,s consent,
along the southern botndary of the site with a 6-foot talr concrete
wall to assist in providing a buffer to the residents in Bear Creek
subdivision in addition to the landscaping requirements risted in
UDC 11-38-9C a&b.
18. The applicant shall comply with all landscaping standards
described in UDC 11-3B, including but not limited to UDC I l-
3B-8 which outlines the standards for parking lot landscaping.
19. The trees that currently exist on this site shall be retained or
mitigation shall be provided in accordance with UDC l1-3B-10.
The applicant shall work with the parks
and Recreation
Department regarding the removal or replacement of any foees on
this site.
6' COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreementand
the commitments contained herein shall be tenninated, and the zoningdesignation reversed,
upon a default of the OwnerlDeveloper or Owners'lDevelopers' heirs, succJssors, assigns, to
complywith Section 5 entifled "Conditions GoverningDevelopmentof Subjectproperty',of
this agreement within two years of the date this Agreement is eifective, and
after the Clty has
complied with the notice and hearing procedures as outlined in Idaho Code
$ 67-651g,oi *y
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ATINEXATION AI\D REVERSAL OF'
ZOI\IING DESIGNATION:
Owner/Developer consent upon default to the reversal of the zoning
designation of the Properly subject to and cond.itioned upon the following conditions
precedent to-wit:
7 .l That the City provide written notice of any failure to comply with this
Agreement to owner/Developer and if the owner/Deveioper fail to
cure such failure within six (6) months of such notice.
8' INSPECTION: Owner/Developer shall, immediately upon completion
of
any portion or the entirety of said development ofthe Property
as required bythis agreement
or by City ordinance or policy, notifr the City Engineei and requlst
tire
-city
Eigineer,s
DEVELOPMENT AGREEMENT (AZ 07 -OOg)
QUEENLAND ACRES
PAGE 6 OF 12
7\
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N BuTIER
RTcHARD H. ANDRUs
JoANN C. BUTLER
T. HETHE CLARK
MICHAEL T. SPINK
(20a) 3aa-1093
iE."iTtiIJl@spu!*!{sullER. c Ol"r
August 30,zlfi,
Via E-Mnil AdilnryLpgmail,mm) (fralkoaetz@rdcpa.cont
) e@g@aol.coffi ) (ruXmfugomrucob)
Dan Albert, Bear Creek Subdivision President
Frank Balkovetz, Bear Creek Subdivision Treasurer
Rafael osorio, Bear Creek Subdivision Architectural Change Committee
Bear Creek Subdivision Homeowners' Association
c/o Mike Madson, MGM Management
P.O. Box 1,246
Meridian,ID 83680
RE: Meridian City File MDA-11-005 - walmart Real Estate Business Trust
SB File No.:21622.35
Dear Dan, Frank and Rafael:
As you know, last week the Metidian City Council asked that our client spend thi.g days in an
attempt to determine whether all of the property owners immediately south of the Walmart site
agree to the replacement of the existing Association-owned fence with an eight-foot vinyl fence.
Just to recap, we have been working with you and your neighbors to address the fence in light
of a condition of approval contained in the devclopment agreemcnt adoptecl in connection with
the former Queeniand Acres, which reads:
Replace the existing fence, with the property owner's consent, along the southern
boundary of the site with an 8-foot tall white vinyl fence to assist in providing a buffer to
the residents in Bear Creek Subdivision in addition to the landscaping requirements
listed in UDC 11-38-9C[1]a and b.
25.I E, FRoNT T'iEET
SUITE2OO
I,{J ffiibJB
E}otsE, IDAHO 83701
.IflE.3{ne-l*}r}$
2OA*3aa*lOOr (F)
!Ut&lli5}ripa*4#Lf rlfF,Qodlt
SrrIruX E}UTLER
d^ln rt
RIcHARD H. ANDRUS
JoANN C. BUTLER
T. HETHE CLARK
MICHAELT. SPINK
(20a) 3aa-3a6a
sGn LLIVAN@SPINKB Ul.LE R.coM
V ia E - Ma il (1s r es i den t@ tne r i d i a nb e a r cr e ek. or g) & U S Ma il
August 9,701.1-
Dan Albert, President
Bear Creek Subdivision Homeowners' Association
PO Box 1246
Meridian ldaho 83680
RE: Fence
SB Matter No.:21622.35
Dear Mr. Albert:
Thank you for your offer during our telephone conversation last week, to carry a request to the
Bear Creek Subdivision Board of Directors, for assistance in gaining a consensus among
neighbors regarding the perimeter fence of the Bear Creek Subdivision adjacent to the Wal-Mart
parcel.
The six-foot fence between the Wal-Mart parcel (shown on the attached map) and Bear Creek
Subdivision was an issue addressed by the City of Meridian when it approved the original
comrnercial project at this site. At that time, the comrnercial building was approved with the
rear'of the store oriented toward Bear Creek. To mitigate the effect of that orientation, the City
adopted the following condition of approval:
17. Replace the existing fence, with the property owner's consent along the southem
boundary of the site with an 8-foot tall white vinyl fence to assist in providing a buffer to
the residents in Bear Creek Subdivision in addition to the landscaping requirements
listed in UDC 11-38-9C a & b.
As you know, representatives of Wal-Mart held two neighborhood meetings to discuss the
development in general (including the reorientation of the rear of the store away from Bear
Creek) and the fence specificully it order to discover residents' desires regarding the fence.
25I E. FRoNTSTREET
SUITE2OO
PO. Box639
BorsE, IDAHO 8370',1
20a-3aa-!ooo
20a-3aa-1001 (F)
lXrrlrwjjr'l|ilKEIrJ.r-r.-EiFr. i:€!,t
August 9,241,1
Dan Albert, President
Bear Creek Subdivision Homeowners' Association
Page2
Both at the meetings and in written comments, the neighbors'reaction was mixed. Some
neighbors requested that the existing fence remain as is with landscaping others request that
the existing fence be replaced with an 8-foot fence. Few neighbors would like to see an
additional B-foot fence offset a couple of feet from the existing fence (that is, in alignment with
Lowe's fence).
We would value your assistance in attempting to ascertain the desire of the neighbors in
connection with the fence.
Thank you. Please do not hesitate to contact me if you have any questions.
Sincerely, qlrt *eo-Q{,ro..-
Sharon Gallivan
Paralegal
SGG:
cc: Sonya Watters (via email)
August 9,2011
Dan Albert President
Bear Creek Subdivision Homeowners' Association
Page 3
FT*f*r".
Page2 of 2
151 [" tront tk*nt il $rdi6 100 Xslr* :l rdoho i &tl$l
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CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. lt may contain
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clientprivilegeand/orworkproductdoctrine. lfyouarenottheintendedrecipientofthistransmission,pleasenoti!thesenderimmediately
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import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or
acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity.
From : Sonya Watters [mai lto : swatters@ merid ia ncity.org]
Sent: Wednesday, July 27, 2011 B:49 AM
To: Shari Gallivan
Subject: FW: Walmad Overland near waterpark
Public testimony
What are your thoughts on this?
hIX ET E
From: Keven [mailto:kevenl@gmail.com]
Sent: Tuesday, July 26,20119:16 PM
To: Sonya Watters
Subject: RE: Walmart Overland near waterpark
Sonya lwent to the meeting tonight on the walmart proposal.
The group came up with a suggestion of requiring speed bumps on the south side to prevent that area from
being a speedway cut through causing noise and helping to prevent someone from getting hurt.
The black lines on the south side are suggestions for speed bump areas.
lf the walmart was required to keep the same hours as Lowes and not 24 hours it would help keep noise
pollution down and better serve a neighborhood environment.
Thank you,
Keven Denton
712712011
Cor'rr*rENT Ceno
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1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Plannin g &Zoning
Commission, and subsequently before the City Council, include responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment; and
1.1 WHEREAS,
WHEREAS, the Findings require the
to enter into a Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deem
1.10 WHEREAS,
, herein being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property owners
and to ensure re-zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian UDC, Title 11
Page 2: [U Deleted Author
Page 2: [2] Deleted Author
Page 2: [4] Deleted Author
Page 2: [5] Deleted Author
Page 2: [6] Deleted Author
3.1
Page 2: [7] Deleted Author
Page 2: [8I Deleted Author
"A" describing the parcels to be re-zoned
Walmart Overland & Stoddard
Abutting property owners
Parcel List
S:\Docs\Wal-Mart Stores lncVD - Meridian (S) #3093 - TC#2011-08240\N4ISC\Abutting property owner list.docx
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t0
LACCIMBE
rEd,Nl\lA [d DAVEFdFOfrT ST
August 30,2011
Dan Albert
Frank Balkovetz
Rafael Osorio
Bear Creek Subdivision Homeowners' Association
Page2
From comments at the two neighborhood meetings and the various written communications
from the neighborhood, we found that the opinions of the neighbors vary widely regarding this
fence: one person believes that an eight-foot fence would not perform well because of its
heighf another neighbor stated emphatically that they do not want an eight-foot fence; others
state the existing fence should remain and additional landscape buffering should be installed;
one neighboring couple couldn't agree - he wants an eight-foot vinyl fence, while she does not.
Given these opposing and conflicting points of view, it is obvious that it witl be impossible to
please everyone regarding the fence.
Hence, the site plan has been revised to depict, as staff recommended, no change to the existing
fence with enhanced landscape immediately north of the existing fence. Still, reluctantly, we
told the City Council last week that, if the City decided an eight-foot fence is required, an eight-
foot white vinyl fence would be placed on the Walmart site immediately adjacent to the existing
fence.
Clearly the Council did not think two fences were appropriate and approved the enhanced
landscape alone unless, within 30 days, the Bear Creek property owners immediately adiacent
to the Walmart site agree to replace the existing fence with an eight-foot vinyl fence.
4unwrote to me on August 19th (following your Iast Board meeting) to let us know that the
Association had determined that the Association owns the fence and that the Association'S
with the fence. to after
and discussed, in part, even the Association may own the fence
itself, because the fence is located on the 15 separate lots, from each lot owner will
be in connection with replacing the fence
We would appreciate your assistance in gathering written consent from each property owner in
Bear Creek Subdivision adjacent to the Walmart site, confirming that they will allow the
Association to construct an eight-foot vinyl fence on their property to replace the existing
Association-owned fence.
I
August 30,2011,
Dan Albert
Frank Balkovetz
Rafael Osorio
Bear Creek Subdivision Homeowners' Association
Page 3
Attached, for your convenience, is a list of the property owners according to the Ada County
Assessor's office data. Thank you again for your assistance with this request. If you have any
questions, please give me a call.
Sincerely,
JAn. G,(t,-r-
JoAnn C. Butler
JCB:g
Attachment
c (via e-mail): Bear Creek Subdivision Homeowners Association Board Members
Sonya Watters
Peter Friedman
Bill Nary
Nick Taylor
Josh Phair
Sharon Gallivan
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FILE
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 2.Meridian l. Cityof James Prather, Owner/Developer
TIIIS FIRST AMENDMENT TO DEVEITPMENT AGREEMENT is Ou* *rl*",
of J^-^r,-r+*, 2010, ("AMENDMENT),byandbetrneenCITYOFMERIDIAI.|,a
mudcipal corporYtion of the Sate of Idaho C.(aTn, and James Pratlrer
C'OWNER/DEVIEOPER"), whose address is fi95 S. Linder Roa( Meridian, ID 83642.
RECITALS
A. CITY and OWNER/DEVEIOPER'S predecessor-in-interest entered ito
that certah DEIr'ELOPMENT AGREEMENT dated on September 17,2@7 and recorded on
Sep0ember 20, 2007 as Instunrent # 107131597 on real property more particularly described in
the Agrecment OWNER/DEVEITPER is now requesting certain changes to the Agreernent
and, following public hearing which was fuly notice4 City agreed o amend the Agreement as
set fortt in this AmendmEnr
C. CITY and OIIINER.IDEIfH,oPER desire to updarc 0re Recud of Survey,
attached her€to as Exhibit A.
D. CITY aad OWNER/DEVEL,OPER also desire a modification to the
previorsly appnoved Conceptual Devclopment Plan o reinove the "bump out'' (and tnec) in thc
perimeter butrer at the soutt bouadary bctweear Parcel Nos. 3 and 4 as well as the "stop" and
'laeld si.gns ia 16a1area, as in attac'ed Exhibit B.
NOW IHEREFORE, ia consideration of the covenants and conditios set
ftrth b€r€iD, tfrc parties agree as follows:
l. OWNER/DEVBIOPER shall be bound by the temrs of thc Development Agroe.ment,
except as specifically amended as follows:
-"1
FIRSTAMENDMB.ITTO DEVELOPMENTAGREEMENT (MDA 09{04 QUEENSIAND ACRES) PA@I OF8
B. CITY and OWNER/DEVELOPER now dcsire to amend the
Develqmcnt Agreement by amending Sections 5 'Uses Pemitted by this fureement", 6
'Conditions Governing Development of Subject Prop€ry' and Section 14 "Certificate of
Occupancy''.
CC
Secdon5(pages4&5)
USFS PERMTTED BYTHIS AGREEMENT;
8. The two building pads shown on the concept plan at the northoast com€,r of the site
should horre--oo allow parting stalls between the buildings and Ovedand
Road
consistent with the desio stanalords contstned in UDC 11-3A-19 anil the Citv of
Meriilian Desim Manual.
12. ryer te iesuraeo of 'he f,rsc €erd$flte d eQonsmrct a multi-use pafhway
ftom the sidewalk on the $rb street at the south bundary (Alaska Stre€t) acmss the
site, out to the sidewalk at the traffic sipal on Overland Road. &*e.AJtema$re*e
ei se rits
Sald oathwav
mav be conshrrcted ia two oha$s with devetonment of parcds Nos.
1 & 3 as shown
on Record of Survev recorded on November 25. 2009. as Instnunent No.
l{D1i12349. records of AiIa Countv. Idsho. (attactred hereto
as Exhibit A) and
shall Thepa*h*apust be constructed prior to ocsrpancy of thg+ the buildinggL
of lhe aforcmentioned parels. The applicant shall design and construct the multiuse
parhway in accordance with UDC l1-3A-8 and ia conjunction with the parls
Departnent's standards" except that the pathwav ls allow to
instead of 10 feet. Additionally, where the pathway crosses drive aisles, the pathway
shalt be distinguished from the driving surface.s through the use of pavers, colored or
scored concrete, or bricks (not painQ. Any changes to these requirements can be done
pursuant to Article 14 of this Agreunenr
13. Development of this site plan shall be generally consistent with the conceptual building
elcvations @hotos) and Conceotual Development PIan
(attached as Exhiblt B). eite
@ Additionally, the rear elevation of the
lagest building p,roposed along the southem boundary shall have horizontal banding
and/or include a variety of materials. Wit& the excention of Parcel Nm. 1 and 2. as
shown on the Record of Surev rrcorded November 25. ZXD. as lnstrument No
1(Dlit239. record" of Ad. Cooor". ,U** **vidral buildings wieh this
development shall be limited to 15% over or under the sizes shown on thc concept plan
except for the largest building pad which shall not exceed 170,000 square fcet, and the
minimum number of buildiags allowed on the site shall no less than four and no more
tun six. Ihe foreeolng bullding size restric{ions shall not anplv to buildhs
constnrc'ted on Parcel Nos I and 2 frontine on Overlatrd Road.
17. Replace the existing fencq witfu the property owncr's consent, along the southm
bouadary of the sitc with ag 6g-foot tall eeaeete+va$ whlte vinvl fence to assist in
providing a buffer to the re,sidents in Bear Creek SuMivision in addition to the
landscapiag requirements listed in UDC 11-3B-9C a & b.
FIPST A},IEIIDMENTTO DEVET'PMENTAGRBEMENT (MDA O9{O' QUEENSI.AND
ACRBS) PAGEzOF8
Section 6 (page 6)
COMPLIANCE PERIOD/CONSENT TO REZONE: @
9re9rveerlDey€toper @sweesi.g er ewner!'EevetEle{s' Devereprsdt hekq of S.bj*th"pd1;f.tsi3
Either party's failure to faithffrllv
c{?olv with all of the tenns and conditions included tn thls Aseement shall constitute
default under this Aerremert.
In tle elengef Owner/Developer's
default of this Asremenl Owner/Develooer shall
h""" thLt" (30) d"* f-- ,"*iot of *"itt o ooti* f*- Cit, to ioiti.t"
gomt1renceEent of action to corrcct the brcach ard cure the defaull which acfion must
b" o,!!t*tud *irb dili"*o *d *-ol"t d *itffo oo h*d*d
"i"hr"
0g0) d"r*
om4d{.t [owever. that in the
case of anv such default that cannot with dilieetrcc be
,r","d,rltthio *"h oo" h,-d*d ui"htr 080) al"" o""iod. &"o th" fi-
"Ilo*"d
*"! to *
f"llpo *" b" urt rd"d fo" *"i *iod o -",
b" o"o*""" to *-oLt" thu
curine of the same with diliemce end oontinuitv.
r+ Ssvent
of default bv owner/Develooer that is not curcd after notice as described
io q,!, r"io",**.oh. Oro""D"lo*" rh"I bu d*.d to hr"u *o*tudG
Bqilio$o.,ot thi" A*-*t *d do*uotioo *d ."r"*rl
of tl" -oh"
doi-i$oloo d*"ib"d h"."lo. *l"lr *i^t th" of*dio" oo"tr, of p-o"rt"
*a
oro+Cft'" *-oli** *irh ull rrrliobt" lr*r. o.di** -d
.olo io"lodir, *
"-p,olif!bl"
o*"ido* ofl@ Co&. $ 6,1650g *d 6Z{51L dmoffi
"ll. "i"hs
to -ot"tt
*h"th""
"
duf"ort h* o*dffi
qoto*?bt. lo thu Foo",h.IoaHA DbOt", Coon h ad. Coor,t" b"
"itno
Ci* *
O-o,""rD.
"r"loo"*
o, br *, *oaoo" or *""a*", loffi
o*fo h*to. Eofor.**t *, b" roo*ht b" *
e$tv "offi
!o secure
the soecific. eerfomance of 6e ovensnts. aeredenb. aondifiomr and
oblieadorc contahed henein"
!, thu
"r"ot
th" o""fo-rop" of *" *"**t" to b" *nfo*ud h"**d"" b"
owner or citv is delaved for causes that are bevond the reasonable6i6iiiE "ith""
Ery,lE-.*iblu fo. *"h *fo-*"o ,hi"I
"h"U
iodoa. *ith*t li-tt"tio*
of pivil ""t
{pb$ence. s{rikes pr
drmttar causes. tue time tor arcr ,errormance e[ffi
extended bv the amount of time of such delav.
A wllyer bv citv of anv ddault of owner of anv one or more of the covenants or
Section 14 (page E)
CERTIFICATE OF OCCTJPANCY: The Owner/Develqrer agr€es that no Certificates of
Occupancy will be issued for anv bulldlng sitc or oarcel uutil all improvements
EgEgl@!
reouired under thls Aere€ment arebA!g-@!gg[[$ completedrndoso+e€iqand
wi[ be a^-trlo'ed h a phased dovelq-enq aad h m5'eveiG ae €erEf eatos of eeeupanE
and accepted by the City. The Owner/Devdoper mav develoo each narcel or bultdine
site as a separate ohase or ln ohases. Imorovements shall include the mulfi{se
pathwav rcferred to ln Sec{ion 5 (#10).
2. That OwnerlDeveloper agrees to abide by all ordinances ofthe City of Meridian and the
Property shall be subject so de-annexation if the Owner/Developer, or their assigns, heir* or
successor shall not meet the conditions of this Amendmen! and the Orrdinances ofthe City of
Meridian as herein provided.
3. This Amendoent shall be binding upon and insure !o the benefit of the parties'
rEspective heirs, successors, assigns and personal representatives, including City,s colporatc
althoritie.s md their suc@ssors in office. This Amendment shatl be 6iqding on the
Owner/Developer of the Property, each subsequelrt owner and any other person(s) acquiring an
intercst itr tbe kop€rty. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof. except that any sale or alieoation shall be subject to 6e provisions
hereon and any successor owner or owners shall be both benefited and bourd by the conditions
and restrictions hcrein expressed. City agrees, upon writien rcquost of Owner/Developer, to
execut€ apprcpriare and recordable evidence of termination of this amendment if City, in its sole
and rcasonable disctetion, had detsnined that Owner/Developer has ftrlly pcrformed is
obligations undcr this ametrdmert
4. If my provisiol of this Ame,ndment is held oot valid by a court of competent
jurisdictioq such provision shall be deemed to be exsised from this Amendrnent and the
invalidity thereof shall not affect any of the other provisions contained berein"
5' This Amendment sets fofttr all pr,omises, inducemeatg agr€emems, condition, and
understandings between owner/Developer and city relative to the subjed mafi€r hereiq aad
tlrre are no prtomiscs, agreenreats, conditions or under-standing, either oral or written, expr€ss
m impfe4 between owner/ Dcveloper and city, other rLao
as are statcd hcrein Ercept as
herein otherwise providc4 no subsequent altcration, amendment, changc m addition to this
Amendment shall be binding upon the partics hereto unte*s reduced to writing
an<t signed by
them or their successms in intcrEst or their assigF., aod prrrsuant, with rqlped 6 City, ti a arfi
adopted ordinance or resolution of City.
a Excep as berein providcd no condition govcrning the uses aod/or conditions
governing development of rhe subject hoperty herein provided for can be
modified c ameaded within the approval of the City Council aftEr the City
has condrcted pubric rrearing(s) in accordaoce witi the notice provisions
FIRSTAMENDMB{TTO DEVEI'PMENTAGREEME{T(MDAO9{04
QUEENSI.AND ACR,ES) PAGE4 OF8
STATEOFIDAHO )
) ss.
County of Ada )
tJ-
On this [{ ' day of 2010 before rne' the undersipd a
Noary Public in and for said State, appeared Iames Prather, known or identified to
me to be the person who executed drc imtnrment henein and acknowledged to me that he
executed the same.
IN WIINESS WIIEREOF, I have hercunto s€t my hand and affixed my official seal thc
day and year in this certificate ftst above written.
Notary for Idaho
Rasiding o
My commission expires
STATEOFIDAIIO )
ss
Coratyof Ada )
On his-l$day or tnuanl 20lO before me, a Notary Public,
persoualty Apearcd Tammy
de Weerd and la)rcee L. Holman, known or identified to mo to be
the lvla5ior and Clerk, rc.lpectiveln of ttre City of Meridian, who exeanted thc iastnrment or tbe
trrrson that executed the instnrment of behalf of said City, and acknowledged to me
rtat such
city executed the same.
IN WrINF^SS WHERBOR I have hercunro ser my hand and affixed my official seal thc
day and year in this certificate first above vrittcn
(sEAL) N Public
Rasiding at l{u no. . lAo.ho
Commission expires: .lan rl
r,iotr.l
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FIRST AMET.IDMENTTO DEVEtr'PMENT AGRBEMENT (MDA O9{OT QI'EENSI,.AND
ACR,ES) PAGE6OP8
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DEVELOPMENT AGREEMENT 10018.o1
City of Meridial
James Prather, Owner/Developer
FILE
TTIIS DEVELO AGREEMENT (this Agreement), is made and
entered into this__.! -7_ dayof5 2007, by and between Cif of Meridiao, a
municipal corporation ofthe State ofldaho, hereafter called CITY, and James Prather, whose
address is 707 E. United Heritago Parkwan Suite 150, Meridiao, ID 83642, hereinafter called
OWNERIDEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of [and in the County of Ada,, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as ifset forth in full, herein after
referred to as the Property; and
1.2 WEEREAS, I.C. $ 67-6511A, Idaho Code,
provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owuer/Developer make a written commitment conceming the use or
development ofthe subject Property; and
1
2
1.3
1.4
WIIEREAS, City has exercised its statutory authority by the
enactnent of Ordinance l1-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
WHEREAS, Owner/Developer have submitled an application for
annexation and re-zoning ofthe Property described in Exhibit A, and
has requested a designation of C-G (Ge,neral Retail and Service
Commercial Distict), (tvlunicipal Code of the City ofMeridian); and
WHEREAS, Owner/Develope,r made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subj ect Property
will be developed and vihat improvements will be made; and
WHEREAS, record ofthe proceedings for the requested annexation
and zoning desipation of the subject Property held before the
1.5
1.6
DEVELOPMENT AGREEMENT (AZ 07409) QUEENLAND
ACRES
PAGE I OF 12
i
PARTIES:
1.
Planning & Zonng Commission, and subsequenfly before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WIIEREAS, City Council, the 4t day of September, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
WEEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the Cif Councit takes final action
on annexation and zonilg designation; and
OWNER/DEVELOPER deem it to b€ in their best interest to be
able to enter into this Agreement and acknowledges that ttris
Agreement was entered into voluntarily and at their urging and
requests; and
DE\GLOPMENT AGREEMENT (AZ 07409) QUEENLAND
ACRES
WEEREAS, City requires the Oumer/Developer to enter into a
development agreement for the purpose of ensuring that the
property
is developed and the subsequent use ofthe property
is in accordance
with the terms and conditions of this development agreemen! herein
being established as a result of evidence received by the City in the
prcceedings for zoning designation from government suHivisions
providing services within the planning jurisdiction
and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive plan
of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
1.7
1.8
1.9
l. t0
- Now,
TEEREFORE, in consideration of the covenants and conditions set
fortl herein, the parties agree as follows:
2. INCORPORATION OF RXCITALS: That the above recitals
are
contactual and binding and are incorporated hereia as if set forth in frrll.
PAGE 2 OF 12
3. DEFINITIONS: For a1l purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defured and interpreted as herein
provided for, unless the clear context ofthe presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreemen! which is a municipal Corporation and govemment
subdivision ofthe state ofldoho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridiaa ldaho 83642.
7.) OWNER/DEVELOPER: means and refers to James
Prather, whose
address is 707 W. United Heritage Parkuay, Suite 150, Meridian,
Idaho 83642 the party that owns and is developing said Prope(y and
shall include any subsequent owne(s) or developer(s) ofthe property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Properly
located in the County of Ada City of Meridian as described in
Exhibit A describing the parcels to be re-zoned and C-G (General
Retail and Service Commercial District), attached hereto and by this
reference incorporated herein as if set forth at length.
USES PERMITTED BY TEIS AGREEMENT:
5.
PROPERTY:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code $ 11-2B which
are herein specified as follows:
General compliance with the submifred conceptual development
plan anil the pertinent provisions ol the City of Meri.ditn
Comprehensive Plan are applicable to this AZ 07-009 apptbation
4.2 No change in the uses specified in this Agreement shall be allowed
wi&out modification of this Agreement.
CONDITIONS GOYER}{ING DEVELOPMENT OX' SUBtrECT
51
DEVELOPMENT AGREEMENT (AZ O7-OO9)
QUEENLAND ACRES
PAGE 3 OF 12
Owner/Developer shnll develop the Property in accordance with the
following special conditions:
1-
1. AII future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that rryill be
detrimental to auy persons, property or the general welfare by
reason of excessive production of traf6c, noise, smoke, fumes,
glare or odors.
2 . All future development of the subj ect property shall comply with
City of Meridian ordinances il effect at the time of development.
3. The applicant shall be responsible for all costs associated with
sewer and water service installation.
4. Prior to issuance of a Certificate of Zrirurlg Compliance for the
first building sa this sit€, provide City Statr with a copy of
a
recorded documen(s) granting vehicular cross-access and cross-
parking between the pmperties on this site; and granting cross-
access to the adjacent development to the east (Irwe,s).
5. The public stub stoeet (Alaska Sheet) in Bear Creek Subdivision
along the south property borurdary shall not be extended as a
public or non-public street into this site but shall be used as an
emergency access point and pedestrian pathway into the site. At
no time shall construction traftic associated with the development
ofthis site be allowed to access this site using Alaska Street.
6. Access points to/from the site are limited to those shown on the
concept plan unless otherwise restricted./approved by ACHD.
7. The drive aisle legs of the intemal fi.rll access points to/from
Overland Road and to/from Stoddard Road, to the north and west
of the main retail building, shall be constructed as shown on the
concept plan so that vehicles pulling out ofthe parking spaces are
not backing out into the drive aisles.
8. The two building pads shown on the concept plan at the northeast
comer of the site should have no parking stalls between the
buildings and Overland Road.
9. The building pad proposed at the comer ofStoddard & Overland
should be situated so that parking is evenly dispersed around the
front, rcar, and sides ofthe building as shown on the concept plan
or situated closer to Overland Road, similar to the structures
depicted on the northeast portion ofthe site.
10. Prior to issuance ofttre fust Certificate of Occupancy, construct a
multi-use pathway from the sidewalk on the stub street at the
south boundary (Alaska Street) across the site, out to the sidewalk
at the taffic sigual on Overland Road. In the altemative the
Developer shall depict the multi-use pathway on the CZC
application necessary for second buildiag site to be developed on
DEVETOPMENT AGREEMENT (AZ 07_009) QUEENLAND
ACRES
PAGE 4 OF 12
the property that is currenfly depicted on the site plan rather than
the large scale building that is proposed to be built first. The
pathway must be constructed prior to occupaocy ofthat building.
The applicant shall design and construct the multiuse pathway in
accordance with UDC 1 1-34-8 and in conjunction with the Parks
Depar&nent's standards. Additionally, where the pathway crosses
drive aisles, the pathway shall be distinguished from the driving
surfaces through the use ofpavers, colored or scored concrete, or
bricks (not paint). A:ry changes to these requirements can be
done pursuant to Article 14 of this Agrcement.
11. The applicant shall be responsible to obtain a Certificate of
Zoning Compliance (CZC) permit and adminisftative design
review in accordance with the standards listed in LIDC I l-3A-19,
prior to all new construction on the subject propety. (NOTE:
The intemal building shall not be subject to the 8-foot pedestrian
walkway requirement to the perimeter sidewalk.)
12. Development of this site plan shatl be generally consistent with
the concephul building eievations (plotoO and site attached as
Exhibit A of the staff report. Additionally, the rear elevation of
the largest building proposed along the southern boundary shall
have horizontal banding and/or include a variety of materials.
Individual buildings within this development sball be limited to
I 5olo over or under the sizes shown on the concept plan except for
the largest building pad which shall not exceed 170,000 square
fee! and the minimum number of buildings allowed on the site
shall no less than four and no more than six.
1 3 . The following uses shal I be prohibited along the southem
portion
of this site, south of the northemmost fi l access drive to/from
Stoddard Road shown on the concept platr: fuel sales facility;
building material, garden equipment & supplies; and vehicle
washing facilities.
14. Construct a 25-foot wide landscape bufer along Overland Road
in accordance with the standards in UDC 1 l -38-7.
15. Constuct a 20-foot wide landscape buffer along Stoddard Road
in accordance with the staadards in UDC ll-3B.-7.
16. A 60-foot wide separation is requircd beMeen the rcsidential lots
along the southern property boundary and the rear of the
buildings. Withi:r said 60 feet a 25-foot wide landscape buffer
shall be constructed at the south property line, ttren a drive aisle,
and ttren ar additional buffer at the rear ofthe buildings, with an
allowance for access to loading arcas for the smaller retail
DEVELOPMENT AGREEMENT (AZ O7-OO9) QTJEENI.AND
ACRES
PAGE 5 OF 12
building(s) on the southeast portion of the site said buffer shall
substantially comply with the buffer example shown in Exhibit
A.4 of the staff repon. Landscape buffers shall be designed and
constructed in accordance with UDC I l-3B-9.
17. Replace the existing fence, with the property owner,s consent,
'along the southem boundary ofthe
site with a 6-foot tall conorete
wall to assist in providing a buffer to the residents in Bear Creek
Subdivision in addition to the landscaping requirements listed in
UDC 1l-3B-9C a&b.
18, The applicant shall comply with all landscaping standards
described in IJDC l1-3B, including but not limited to IJDC 1l-
3B-8 which outlines the standards for parking lot landscaping.
19. The trees that cunently exist on this site shall be retained or
mitigation shall be provided in accordance with UDC I I -3B- I
0 .
The applicant shall work with the Parks and Recreation
Department regarding the removal or replacement of any trees on
this site.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitarents contained herein shall be terminated, and the zoning designation reversed
upon a default ofthe owner/Developer or owners'/Developers' heirs, successors, assigns, to
comply with section 5 entitled "conditions Governing Development of subject
prope4y'; of
this agreement within two years of the date this Agreement is effective, and after
the city has
complied with the notice and hearing procedures as outlined in Idaho code
$ 67-6509, oi any
subsequent amendments or recodffications thereof.
Owner/Developer consent upon default to the reversal 6f ths 26ning
designation of the Property subject to and conditioned upon the following conditioni
precedent to-wit:
7 .1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety ofsaid development ofthe
property as requiied by this agreement
or by city ordinance or policy, notifu the city Engineer and requist oe'city Engineer,s
7. CONSENT TO DE-AI{NEXATION AND REVERSAL OX'
Z,ONING DESTGNATION:
DEVELOPMENT AGREEMENT (AZ O7.OO9) QT]EENLAND ACRES
PAGE 6 OF 12
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances ofthe City that apply to said Development.
9 DEF'AULT:
9.1 ln the event OwnerlDeveloper, or OwnerlDevelopers' heirs,
successors, assigN, or subsequent owners ofthe Propeny or any other
person acquiring an interest in the Properly, fail to faithfirlly comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City ofany default by Owner/Developer ofany one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
momorandum of this Agreement or this Agreement, including all of the Exhibits' at
Owner/J)eveloper's cos! and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in contrection with the re-zoning of the
Property by the City Council. Iffor any reason after such recordation, the City Council fails
to adopt the ordinance in conneofion with the annexation and zoning of the Property
con&mplated hereby, the City shall execute and record an appropriate instument ofrelease
of this Agreement.
ll. ZONING: City shall, followitrgrecordation ofthe duly approved Agreement
enact a valid and binding ordinance zoning the Property as specified herein
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties heroto. Enforcement may be sought by an appropriate action at
law or in eguity to secure the specific performance ofthe covenants, agreements, conditions,
and obligations contaiaed herein.
12.1 ln the event of a material breach of this Agreemen! the parties agree
tbat City and Owner/Developer shall have thirty (30) days after
DEVELOPMENT AGREEMENT (AZ O7.OO9) QUEENIAND
ACRES
PAGE 7 OF 12
delivery ofnotice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligeoc" be cured within such thirty (30) day period if the
defaulting parfy shall commence to cure tle same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
cwing of the same with diligence and continuity.
12.2 In the event the perforrnance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control ofthe party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay'
I 3 . SURETY OF PERFORIVTANCE : The City may also require surety bonds,
irrevocable letters of credit, oash deposits, certified check or negotiable bonds, as allowed
under Meridian city code $ I I -5-c, to insure that installation of the improvements,
which
the Owner/Developer agrees to provide, if required by the City'
14. CERTIIICATI,OFOCCUPANCY:TheOwner/Developera$eesthatno
Certificates of Occupancy will be issued until all improvement are completed, unless the
Citr and Developer/Owner has entered into an addendum agrcement stating when the
improvements will be completed in a phased developmen! and in any even! no Certificates
of Oocupancy shall be issued in any phase in which the improvements have not been
installeq completed, and accepted by the City.
15. ABIDD BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the city of Meridian and the Property shall be subject to de-
annexation if ttre owner or his assig1s, heirs, or successols shall not meet the conditions
contained in the Findings ofFact and Conclusions oflaw, this Development Agrtement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any aotice desired by the parties and/or required by this
Agreement shall be deemed delivered ifand when personally delivered or three (3) days after
deposit in the United StatEs Mail, registered or certified mail, postage prepaid retum receipt
requested, addressed as follows:
DEVET'PMENT AGREEMEM (AZ O7.OO9) QUEENLAND
ACRES
PAGE 8 OF 12
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
OWNERIDEYELOPER:
James Prather
707 E. United Heritage Parkway, Suite 150
Meridian, ldaho 83642
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, D 83642
DEVELOPMEM AGREEMENT (AZ O7.OO9) QIJEENLAND ACRES
. PAGE 9 OF 12
l6.l A party shall have the right to change its adtlress by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
77. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto conceming this Agreement, the prevailing party shall be entitled in addition to
any other relief as may be granted, to court costs and reasonable attomey's fees as
determined by a court of competent jurisdiction. This provision shall
be deemed to be a
separate contract betueen the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF TIIE ESSENCE: The parties hereto acknowledge
and agree
that time is strictly of the essence with respect to each and every tem, condition and
provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDINGIJPONSUCCISSORS: ThisAgreementshaltlslindingupon
and inure to the benefit of the parties' respective heirs, successors, assigns ana personat
representatives, including city's corporate authorities and their successoN in office, This
Agreement shall be binding on the owner/Developer ofthe
property, each subsequeirt owner
and any othcr person acquiring an interest in the
property. Nothing herein shafin any way
prevent sale or alienation of the Properly, or portions thereof, except ttrat any sale or
alienation shall be subject to the provisions hereofand any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. city agrees,
upon wrifien request of owner/Developer, to execute appropriarc aud recordable evidence of
termination ofthis Agreement if city, in its sole and reasonable discretion, had determined
that owner/Developer has Iirlly performed its obligations under this Agreement.
20. IIWALID PROMSION: If any provision of this Agreement is held not
valid by a court of competentj uri sdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. F'INAL AGR.EEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understaadings between owner/Developer and city
relative to the subject matter hereof, and there are no promises, agreements, conditions oi
understanding, either oral or written, express or implid between owner/Developer and city,
other than as are stated herein. Except as herein otherwise provided, rro subrequ"oi
alteratioq amendment, change or addition to this Agreement shall be binding upoo tlre
parties hereto unless reduced to writing and signed by them or their successors in inierest or
their assigns, and pursuant, with respect to city, to a duly adopted ordinance or resolution of
City.
2l.l No condition goveming the wes and/or conditions goveming re_zoning of the
subj ect Property herein provided for can be modified or amended witho,t the
approval ofthe City Council after the City has conducted public hearing(s) in
. accordance and/or amendment with the in notice force at provisions the time of provided the proposed for a amendment. zoning designation
22. EFFECTTVEDATEOFAGREEMENT:ThisAgreementshallbeeffective
on the date the Meridian city council shall adopt the amendment to the Meridian Zoning
Ordinance in connecfion with the en"exation and zoning ofthe
property and execution ofthe
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ O7.OO9) QIJEENI.AND ACRES
PAGE IO OF 12
IN WTINESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER
JAMES PRATHER
CITY OFMERIDIAN
B
MAYOR de WEERD
,/6 Ao**^7 ?-'(6-07
ATTEST:
r .ts1
l
BEfi.tr
ACKNOWLEDGMENTS
6
WILLIAM G. BERG, JR.
DEVETOPMENT AGREEMENT (AZ O7.OO9) QUEENLAND
ACRES
PAGE 11 OF 12
STATE OF IDA}IO, )
CountyofAda" )
(sEAL)
(SEAL)
Notary lic for Idaho
Residing at: 't L/:,r" I
My Commission Expires: /{-il
SS
On this 1i, day os !-71t/s,/ald.t; ,2007, before me, the
unders igned, a Notary Public in and for said State, personally appeared James Prather, known
or identified to me to be the person who signed above and acknowledged to me that he
executed the same-
$f,k'
teitH$s'j
(c;l \_.-,
l./ ^
STATEOFTDAHO )
:ss
County of Ada )
onthts /€a day of 2007, before me, a Notary
Public, personally appeared Tammy de W and William G. Berg, Ir., know or identified
to me to be the Mayor and clerk, respectively, of the city of Meridian, who executed the
inshrment of behalf of said city, and acknowledged to me that such city executed the same.
IN WIINESS WHEREOF, I have hereunto set my hand and affixed my
ofticial seal the day and year in this certificate first above written.
Notary c Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEIVIENT (Az O7.OO9)
QIJEENI-AND ACRES
PAGE 12 OF 12
IN WITNESS WHEREOF, I have hereunto set my hand and afExed my
official seal the day and year in this certificate first above written.
1
@ ,Acr,s.rrtt
15
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EASEMENT AGREEMENT
(Prather|
Thrs Easemen! Agreement ("Easement") is made etfective lhlS 16h day of October,
2006. by Karcher Crossing, LLC, an ldaho limited liability company ("Brighton") and
James A. Prather and Pamela S. Prather, husband and wife. as to an undivided 71-85Yo
interest and Pioneer Exchange Accommodation 'lltleholder
#84. LLC, as to an undivaded
28.15% ("Prather").
1. DEFINITIONS: The following terms shall have the meaning set forth below for
purposes of this Easement:
1.1. "Owner": The record holder of fee simple title lo a Parcel, its heirs. personal
representatives, successors and assrgns.
1.2. "Brighton Parcel': The Brighton Parcel as shown on EIh!!!L}:and
more
particularly described in Schedule I attached hereto and incorporated herein by this
reference.
1.3. "Prather Parcel": The Prather Parcel as shown on as shown on EIhiEi!3land
more particularly described in Schedule I attached herelo and incorporated hereln by
this reference, The Prather Parcel is located contiguous to the west boundary of the
Brighton Parcel.
1.4. "Parcels": The Prather Parcel and Bdghton Parcels are sometimes collectively
referred to as the 'Parcels';
1.5. 'Person"; lndividuals, parlnerships, limited liability companies, firms. associations,
corporations. lrusts. govemmental agencies, adminastrative tribunals or any other form of
business or legal entity.
1.6. "Easement Area": That cerlarn fifly-five (55) foot easement area shown as
"Easement Area' on Exhibit A. 35 feet of which ls located on the Brighton Parcel and 20
feet of which is located on the Prather Parcel. The Easement Area is more particularly
described ln Schedule ll attached hereto and made a part by reference.
1.7, "Existing Kennedy Lateral": The existing open ditch inigation lateralwhich runs
lhrough the Brighton and Pralher Parcels. NMID claims an unre@rded easement of
approximately 55' for the Existing Kennedy Lateral.
1.8. "Relocated Kennedy Lateral": The grading and improvements required to r€locate
the Exisling Kennedy Lateral to an underground pipe s)rstem lo be located within that
portion of the Easement Area shown as 'Relocated Kennedy Lateral' on Exhibit A.
1.9. "'NMID": The Nampa Meridian lnigation Distnct whrch has conlrol and authority
over lhe location. relocation, use. mainlenance and operation of the Kennedy Lateral.
1-10.'Relocation Work": The grading and improvements required to improve and
relocate the Exlsting Kennedy Lateral to an underground pipe within lhe Relocated
Kennedy Lateral according to the Relocation Plans (as defined in Seclion S.1 below).
The Relocation Work generally consists of (i) instatling underground pipe within for the
area of the Relocated Kennedy Lateral, and installing cleanout boxes, inigation boxes
and related improvements as required by
filling and compaction of the Existing Kennedy Lateral, all ln accordance with the requirements of
NMID and lhe compaction standards required for lhe proposed improvements to the Bnghton
Parcel-
1.12.
Area" on Exhibil A.
'No Build Area": That porlion of lhe Easement Area shown as "No Build
1 . 1 3. 'Occupanf The occupant(s) of a Parcel under a lease or other occupancy
agreement with lhe Owner of such Parcel.
1.14. "Permitted Users": The Permitted Uses of each Olll/rter shall be the
tenants, contrac{ors, employees, agents, customers, licensees and rnvitees, and the sublenants,
contractors, employees, agents, customers, l'pensees and invitees of such tenants. respecliyely, ot
each Owner.
2. OWNERSHIP.
L1. Ownership. BBghton is the Ov.rner of the Brighton Parcel. Prather rs the
Owner is lhe Owner of lhe Prather Parcel. Each Party represents and uranants that it has the full
right and authority to execute ths Easement and there are no liens, restndions or other agreemenls
lvhich would prohibit or restrict such Party fiom entering into this Easement or
performing its
obligations under this Easement, except the lien in favor of U.S. Bank National Association
('Lender) which encumbers the Prather Parcel. Prather covenants and agrees to cause such
Lender to execute a written consent to this Easement.
2.2. Purpose. The Owners hereby establish this Easement tor the mubal benefit
of the Parcels and hereby declare, agree, covenan! and consent that all of the property within the
each Parcel shall be held, sold, and conveyed subject to the easements. obligations. covenants,
and conditions set forth rn lhis Easemenl All of the easements and covenants @ntained herern
shall be a burden on the Parcel affected by such easement or covenant, shall be appurtenant to and
for the beneft of the Parcel benefited by such easement or covenant, and shall run with the land.
The term of this Easement shall be perpetual. This Easement shall tnure to the benefit of and be
binding upon the Owners of each Parcel, their successors and assigns and upon any person
acquiring a Parcel, or any port,on thereo( or any interest lherein, whether by operation of law or
otherwise.
3. EASEMENTS:
3. 1 . Easement Area. Each Ovwrer hereto, as grantor, hereby grants
to the other
Owner, for the benefit of lhe Parcel belonging to the other Owne(s), as grantees, a perpetral non-
exclusive easement upon, ove( under and across that portion of grantofs Parc€l
loeated within the
Easement Area for the followng purposes:
3.1.1. Permanent Access Drive, For ingress and egress to the other
Ownel and their respective OccupanG and Permitted Users, by vehicular and pedes:rian haffic
upon, over and across that portion ofthe Easement Area shown as'PermanentAccess Dnve" on
Exhibit A. Without the express written consent of the Ownels of the Brighton Parcel and Prather
Parcel. no changes, modirications or alterations shall be made to all or any portion of the Permanent
Access Drfve. The Owner of the P.ather Parcel shall have the ngfrt to locate not more lhan three (3)
curb cuts from lhE portion of the Permanent Access Drive located on the Brighton Parcel to the
EASEMENT -2
C:IDOCUMEr{TSANDSETTIXGS-ISOARLIIfGII.OCAI.SETTE{GSITEMPORARYIN]EATETFN,ESIOIXIOIPRAIHER€ASET/GIIT.fII{ALWE(S.DOC
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'1.11. "Relocation Costs": The cost to design, engineer and construct the
Relocation Work.
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Prather Parcel in the locations shown as "Permitted Access PoinG" shown on the Site Plan. The
Petmanent Access Drive shall be kept fiee and open and no party shall prohibit or attempt
to
prohibit the use of the Permanent Access Dnve for the purposes herein desdibed. No barners,
struclures or other obstructions (except tsaffic control devlces and any improvements required
as
part of the Relocation Workl shall be placed, installed, constructed or located on lhe Permanent
Access Drive which prevent the free and unobstructed mgress, egress, circulation or use of the
Permanent Access Dnve.
3.1.2. Relocated Kennedy Lateral. For lhe relocation, installation,
operation, maintenance, repair and replacement of Relocated Kennedy Lateral, that portion of the
Easement Area shown as'Relocated Kennedy Lateral" on ExhibitA, subjectto the following terms
and conditions:
3.1,2.1. The Relocated Kennedy Lateral shall be installed and
marntained below lhe ground level or surface of the Relocated Kennedy Lateral (as shown on
Exhibit A), provided that inigation manholes, irigation boxes, cleanout boxes and similar
improvements may be placed on or above the surface as required by NMID for maintenance. repair
and operation of the Relocated Kennedy Lateral. Each Owner agrees to grant such additional
easements or agreements as may reasonably required by NMID orany other govemmentalagency
to evidence the abandonment of the Existing Kennedy Lateral snd the grant of an easement for
the
Relocated Kennedy Lateral.
3.1.2.2. All underground ptpes, manholes, tnt:gation boxes, and
cleanout boxes for the Relocated Kennedy Lateral will be placed and installed within
that portion of
the Easement Area localed on the Brighton Parcel. provided that (i) minor encroachments of the
inigation manholes into and onto the portion of the Easement Area located on the Prather Parcel
shall be pemifted, and (ii) to the extent necessary to connecl the Relocated Kennedy Lateral to the
existing inigation lines on the north and/orsouth boundary of the Prather Parcel. such underground
pipes, manholes, imgation boxes, and cleanout boxes shall be permitted to be tocaled on the
portion of the Easement Area located on the Prather Parcel-
3.1.2.3. A portion of the Easement Area located on the Prather
Parcel may be used as a slope area to provrde earthwork spillover for pipe bedding
and backfilt
matenals in connection with the Relocaled Kennedy Lateral (lslope Area), provided, however, that
the Owner of the Prather Property shall be permitted to construcl improvements in lhe Slope Area so
long as O adequate lateral and subjacent
support for the Relocated Kennedy Lateral is mamtained,
and (ii) if the Prather Parcel is brought to the grade of the Brighton
Parcel, then such fill shall be
suitably compacted to provide lateral and subjacent support for the Relocated Kennedy Lateral.
3.1.3. Constructlon. Malntenance. Construcling, maintarning, repairing
and replacing any and all improvements located within lhe Easement Area. The Owner performing
such crnstruction, marntenance or repairs shall (i) notiry the other Owner at least 24 hours rn
advance of performing such work, (ii) take commercially reasonable efforb to m,nimke disruption to
the business operations or access lo the other Parcel, (iii) reparr to the ongmal condition any
damage to lhe surface of the Easement &ea affected by such consauction or maintenance, and 0v)
pay all costs related to the maintenance, reparr and restoration to the surfuce of lhe Easement Area
affected by such maintenance and repairs.
3. I .4. Surface Rights. Except as expressly provided in this Sec,tion 3. the
Owner of each Parcel, and its respective Oocupants and Permitted UseF. shall have the nght to use
the surface of lhe Easemenl Area located on its Parcel for paving, drive aisles, parkng, landscaplrE
and irigation.
EASEMENT - 3
CXT OCUMENTS AI{D SETTINGSISOARUIIGII.OCAL SETTUGS\TE ,PORARYli.lTERlfETFllESlOtXloPRAl}l€R EASEIIGTT- FIllAL W EXS.@C
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4. NO BUILD RESTRICTIONS. No buildings or sauctures shall be constructed or
looated within the No Build Area as shown on Exhibit A. The purpose of the restnction set forth tn
thts Section 4 is to permit the buildings constructed on each Parcel to be considered within the
'unlimited area" under applicable building codes or insurance requirements.
5. RELOCATIONOFKENNEDYLATERAL.
5.1, Relocation Work. The Owner of the Bnghton Parcelcovenants and agrees
to perform the Relocation Work in accordance with lhe requirements engineenng plans
and critena
approved by NMID CRelocation Plans"). Upon request. Brighton shallProvide Prather with copies
of the preliminary and final Relocation Plans and lhe proposed
NMID Agreement (as defined below).
The Parties agree to work rn good faith to resolve any comments or changes to the Relocation
Plans or the NMID Agreement. Upon commencernent of the Relocation Work, the Owner of the
Brighton Parcel shall diligenfly pursue the Relocation Work to completion.
5.2. Relocation Costs. The Owner ol the Bnghton Parcel shall be responsible for
payment of the Relocation Costs.
5.3. Maintenance. UPon complefon of the Relocation Work and the acceptance
thereof by NMID. NMID, at its cost, shall be responsible for the operation, maintenance, repalr and
cleanout the Relocated Kennedy Lateral.
5.4. NMID Agreements. Each Party agteesto cooperate ln obtaining appmval of
the Kennedy Lateral Relocation ftom NMID and any other govemmental agency or entity required to
perform the Kennedy Lateral Relocation, and to execute such other agreements or perform such
otheracts as are reasonable required to accomplish and complete the Kennedy LateralRelocation,
rncluding but not limited to executing an easement in favor of NMID tor the Relocated Kennedy
Lateral and/or the relinquishment of the easement for the Existing Kennedy Lateral (collectively,
NMID Agreements'). The NMID Agreements shall be in the customary form required by NMID,
provided that each party shall have the right of reasonable review and approval of the NMID
Agreements
6. CONSTRUCTION AND MAINTENANCE . PERMANENT ACCESS DRIVE.
6.1. Construction. The Owner of each Parcel, at its cost, shall construct the
Permanent Access Drive tocated on its Parcel simultaneously with the construction of the sile
improvements on such Owner's Parcel.
6.2. llllaintenance. Each Owner, at its cost, shall maintain that portion of the
Permanent Access Dnve located on its Parcel to the following standards: (i) repair, resurface, and
re-stnpe, when necessary, all paved surfaces in a level, smooth and evenly covered condition with
the type of surfacing matenal onginally installed or such substitute as shall in all respeca be equal
or supenor in quality, use and durability; (ii) remove all snow. papers. debns, filth
and refuse and
thoroughly sweep lhe Permanent Access Drive to the extent reasonably necessary to keep the area
in a clean and orderly cond;tion: and {iii) marntarn all traffic directional signs. markers and lines.
7. INSURANCEiINDEMNTrY.
7.1. lnsurance. Each Owner and its Occupants. at its expense. shall maintain
commercial general liability tnsurance wilh limits of not less than $2.000,000 per oocurence
covering |nJury to or death of any person or damage to any property resulting from lhe use of the
Easement Area by such Owner, Occupants and Permitted Users. Upon request, each Owner
agrees to provide evidence of insurance coverage to the other Owner.
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7 -2. lndemnity. Each Owner and OccuPants shall indemnify, defend, protect and
hold every other Owner and Occupants end their respective officers, directors, shareholders,
employees and agents harmless from and against any and all claims. causes of action, iiabilities,
losses, damages, costs and expenses (including reasonable attomeys fees and courtcosts) arising
out of or related to injury or death of any percon or damage to or destrucuon of any properly
occurring out of or resulting from any use of or construction on or under or about the Easement
Area, unless such damage destruction, in ury or death is caused solely by the negligent orwillfulact
or omissron of the indemnified Owner or its Occupants.
E, LIENS. Each Owner covenants lhat any improvements or construclion performed by
an Owner within the Easement Area (except as specmcally provided herein) shall be at the sole cost
and expense of the Owner performing such work, and that such Owner will permit no mechanics
and materialman's liens to be tiled agatnsl the Easement Area or the other Owneis Parcel. ln the
event any such lien is filed against as a result of any such construction or improvements, then and in
that event, lhe Owner performing or causang to be performed such work shall immediately
cause
said lien to be discharged, provided, however, if such Owner desires to contest the validity or
amount of any such lien. it may do so without payment of disputed amounts, so long as it shall
cause suoh lien to be bonded as reguired by law. The failure to do so shall, at the option of the
other Owner, constitute a breach hereof.
9l SITE PLAN: The site plan attached hereto as ExhibitA,s attached solely for the
purpose of illustrating the location of the Parcels, Easement Area and other matters specifically
referenced as being shown on ExhibitA in thIS Easement, and for no olher purpose whatsoever. ln
no event shall either Party be bound by any other information, layout" improvements or development
plans shown on Exhibit A, except as specilically provrded herein.
'10. DEFAULT: A party shall be deemed to be ln defiault of ths Easement only upon the
expiration of fifteen (15) days from recerpt of a written notice ftom the other parly specirlng the
particulars in t ftich such defaulting party failed to perform
the obligations of thrs Easement, unless
such defaulting party, pnor to the expiration of such fifieen (15) days has rectified the matters set
forth in the default notice. However, such defaulting parly shall not be deemed to be in default if
such failure cannot be rectified wilhin the fifteen (15) day penod and such defaulting
Party is using
good faittr and its best effods to rectiff the particulars specified in the notice of default.
11, REMEDIES: In the event of a breach hereunder by any party, the non-breaching
parties shall have all remedies available at law or in equity, including rnjunctive or other equitable
relief. ln any suit, ac{ion or appeal therefrom to enforce or interpret this Easement, the prevailing
party shall be entitled to recover its cosls rncuned therein, rncluding reasonable attorneys' fees and
disbursemenh, and also including reasonable attomey's fees and costs associated with any app€al
of a judgment.
12. NOTICES: Any notice under this Easement shall be tn wdting and be sent by U.S.
Mail (sent via certified mail, postage prepaid), or delivered in
person or by public or pnvate 2+hour
ovemight couner servlce (so long as such seNice provides written c,onfirmation of delivery,
(including U.S. Postal Service Express Mail). All notic€s shall be addressed to the Owner of each
Parcel at the address ideatified below, or at such other addresses as such Party
may from time to
time direc't in writing, or if no address is designated to the address for such Owner as shown in the
real property lax records:
EASEMET.IT .5
C:II)OCT'MENTS A'{O SETTINGSAOARUNGIOCAI SETII}IGSITEMPORARY INIERNET FIIESIOLI(IOPRAIHER EASET.|ENT. FINAT. W EXS.MC
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Brighton: Karcher Crossing, LLC
12601West Explorer Drfve. Suite 200
Boise,ldaho 83713
Attn: MaEhew C. Smith
Prathen James A. Prather
Pamela S- Prather
707 East United Heritage Parkway
Suite 150
Meridian, lD 83742
Pioneer Exchange Accommodation fiHeholder #84 LLC
BoEe, ldaho
Any notice shall be deemed to have been given on (a) one (1) day aflerdeposit in the U.S. mail,
(b)
actual delivery or refusal to accept detivery to the address stated above, or (c) the day of deposit
with the ovemight @uner.
'! 3. MODIFICATION: This Easement shall not be modified unless expressly agreed to ln
writing by the cunent Owners of Parcels.
14. GENERAL: The recitals and exhibits contarned herein are incorporated herern as if
set forth rn full herein. Thrs Easement shall be govemed by the laws of the State of ldaho.
lN WITNESS WI'{EREOF, the undersigned have caused this Easementto be executed the
day and year first above written.
[End of Text-SignaturesAppear on Following Pages]
EASEMENT.6
C:u)OCUMET.ITSANO SETNUGSISDARLINGII.OCATSETNNGSI?EMPORARYINTER!{ETFILESTOLK1OIPRATIIEREASE,IIENT.FIITALWPCS.OOC
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BRIGHTON: I(ARCHER CROSSING, LLC, an ldaho limited liabmv
comPany
B!,: Smith Brighton. LLC, afl ldaho nm ed liability
company, Membet
By: Tumbull Family LP..
an ldaho iimited padnership, Membsr
By: Davd W. , General P
STATE OF ldaho
Coung of Ada
.ln
On lhis /1"? day of Oclober, 2006. before me, a Notary Public in and for the State of
ldaho, personally appeared David W. Tumbull, known or identified to me to be a General Parher o,
Tumbull Family L.P., an ldaho limited partnership. which company is a Member of Smith Brighton
LLC. which company is a member of I(ARCHER CROSSING, LLC, and acknowledged to me lhal he
executed the within and foregping instrument on behalf of Tumbull Family L.P.. whicfi executed the
within and ,oregolng instrum€nt in the name and ofl b€hatf of Smilh Brighton LLC, rvhich executed
the forego{ng anstrument on behalf of Karcher Crossing, LLC.
tN WTNESS W{EREOF, I have heteunlo s€t my hand and affixed my otfiq'al seal the day
and y€ar in this cerlificale first above wrftten.
o
My commission sxpires:
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NOTAEY
PUBUC
EASEMENT. ?
glClJE rslSotallPRArllER ElSr.E {f - rB{ LW €r,sgoc
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PRATHER:
STATE OF IDAHO
County of Ada
l,
AP r
Pamela ther
ss-
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2006, before me, a Notary Public rn and fDr the
State of ldaho, personatly appeared James A. Pralher and Pamela S. Prather, husband and wife,
acknowledged to me lhe persons that executed the wlthin and foregoing instrument.
lN WITNESS WHEREOF, i have hereunto set myhaod and a{fixed my official seatthe day
and year in lhis certificate first above written
Notary Public for
Residing a!
My commissBn expires:
iL\,'-,J t I lJrf.rril\,
EiJlit'tvYr-ri't .-i.Eal
6ISloiilri: LAS:-E. iD
c,)iliirllsl:,, :rrl . i.:'iil:s. 11.;.:.r;
ontnts 11,! oar", thLl*.
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EASEMENT. s
S:vcLlaNts1ctl6l3:a5E llNi - PilrHaq'3Pa{.}9C
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PIONEER EXCIIANCE ACCOMMODATION TITLEHOLDER #84, LLC.
ar ldafio limrred liability company
By, Pioneer l03l Company, Member
By;
STATE OF IDAHO
COUNTY OF ADA
The foregorng insuument was aclnowledged before me thrs l6e day ofOctober, 2006.
by Alicra Reinhard" as Assislant Secretary of Pioneer 1031 Company, an ldaho corporation.
Member ofPioneer Exchange Accommodation Titleholder #84. LLC, an Idaho Iimited liability
company.
WTINESS my hand and oflicial seal,
My commission ex pir"", 3'fi' J0//
Public
TE
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CONSENT OF LENBER
1. For purposes of this Consentof Lender, the foltowing terms shallhave the meanrng
set Forth below:
"Lender' shall mean U.S. Bank National Association-
"Grantof shall mean James A- Prather and Pamela S. Prather, and Pioneer Exchange
Accommodation Titleholder *184, LLC, as their interest may appear.
"Deed of Trusf shall mean that ce ain Deed of Trusl macie by Grantor in favor of Lender
recorded as lnsbument No. 106013791, records of Ada Counly, ldaho, afiecling the Prather
Parcel (as desodbed herein).
"Prather Easement" shall mean the Easement Agreement to which this Consent of
Lender rs attached.
'Prather Parcel" shall mean the property described in Schedule ll atlached to the Pralher
Easement.
2. Lender, as the holder of the Deed of Trust secured by the Pralher Parcel, does
hereby consent to lhe lerms, conditions and obligations set forth in the Prather Easement.
I
Dated: october /br, zooa
U.S. Bank Nalional AssocElion
SIATE OF ZI)
County of 4cla
Its:
on ttrts / L'AOay of October, 2000, before me. a Nolary Public in and ior the State of
ldaho,lhe personally appeared PJULIlqrJba.-, known or rdentified to me to be
VP of U.S. Bank NationalAssocrationand acknowledged to me that he executed
the within and toregoing instrument in the name of such company.
lN WTNESS WHEREOF. I have hereunto set myhand and affixed my officral seal the day
and year in this certi{icale first above wtitten.
JOY L. PITKIN
NOTABY PUBUC
STATE OF IDAHO Residing at:
ldano
EASEMENT .9
S:\CLtEm SEOIAt?EASgV=iii - PAATHii GP34.D?'
My commission expr
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Exhibit A
Site Plan
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EASEMEI'IT. 1T
c:loocuME TsANosETTStcslsoARut{GlLocALsgTTrxcslTEMpoRARyTNTER}IETaILESIOLKIdPAAIUEREASEiIE T- FU{AI W Ers.ooc
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Schedule I
Legal Descnption - Brighton Parcel
asort FroCIcaimql EEtoolrs. tjftd $JltElqB std Plsnss
314 Badola SL C$lrd. lo 83S
Pte08)454-{1256 Fsem}r54czg
elraiL ChslrDsa@nurlr+s
Dccd IntuucarNo.
sou& ofttc norrh
l,o--
Thre continuing S. 05 02' B- W. (formcdy S. 04c [9' fV pct S/arnqty
15976f'&9(X506).adeaoeof 70239 fccttoa priat thalicr 753J0 fcc.
bonrhry of sarid NEU4 NEU4;
FOk rYt306
JOB t(),:Bdfldoa Corp-
DATE Octobct ll,2tx$
PARCELI
A parcc{ of laad bciag a prtioa of thc NEI/{ NEI/4 of Scctios 24, Tormship 3 Norrh, Rtlgc I
Wcsq BoiF Msridim, Ada Cor.mty ldoho, morc particulady dcscribcd as follo*s:
Courucacing a dr aorrbcdcomsoflsid NEI/4 NEI/4, rnourucatcd vith a3-incb brass disk:
T!'cocoN.t9c47 2!1" S/. adsraccof859.44 feA(fornctty S.89e t2' Wadooe of $CZ2A
fta pcr Wanuy Doort larrruucut No. 567069, 35965, & 90{506). elong thc oorth bqodsry of
slid NEI/4 NEI/I ro a poiat
Tbcre S. O5' 02' (xI" W- (fsucrly
S. O4o t9' \[l pct Warory Docd llrtoocot No- 359766. &
904506)5 a disraae of 53.?9 Gct to a poinr oo rbc southerty riglr<Fway of W. Chrcrlard Re4
sdd Fiot bciag thc PtO[ltff
(}? BBGTNNING;
Thre N. 89o 47 2O- Y- (fcmcrly S- t9" l? W pcr Warmty Dccd In*uucot No. 359166' &
9X506l a 6socc of 393.4{l &rtas pcr Warraty Dood las*runrca, No. 35n66 e 9o4'506,
(fomctly 395.78 &a ptr Wurdy Docd Iasrmcol No t04l62lol).
Dsedlel wilh od 75350 ft.l
south of rhc rcrth bmdry ofsnid NEI/4 NEI/{ to r pofut on thc r+6 borlod!ry ofsaid NEI/4
NEIII;
Th€noc lL mc 44' 30F E- (fmcdy North pcr Vomoty Dcd Imuoed No. 359166, & 9(X506),
adistaoccol705s3 fcEt dougsidrvEsrborodlr, o apointon tbc sorftrrtydgLtd-\rEy of Y/.
OrcdnodRo{
Thoccalorysrid.igbl-oFsrsy of$r. OvcdodRnad thc followiogoourscsoddi*mccs;
lrl^gA/sr !','gt aorurE!. bc,
fl@.,El,attlltqdtr,
ttlrl Jt
EASEMENT. 12
C:TOOCUTJENTSANDSETTIT{GSISDARUa{GILOCALSETINGSIIEMPOMRYIt{TERilETFILESOLKI0IPRATHER€ASEMEITT-FIllALWEG.DOC
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fhS.Etra?" ZPE adreqof l{3, focr b aFirt
fk .. S. A8o 13' 42- E- . ad'c. of 302?0 fi!..
ro the FOINT Of EDIEINNIITG.
This FrG.t eoIcirs 6-7El !...s !Do.B 6lcss.
ST BIECTT(} All drtugtiSi s oltrry rld M dllrud or ioplio<t rg4c*iog6lt
lboald.3 riDod paGol of lEd-
tr.*r * 3r.rqE,ll,G
lt'rt'$ltfr,w@rartrrrcg
EASEMENT.
GTDOCUMEI{ISA}'3 IOSETD GSISDAft,NGILOCAL SEr1IIrcS$EiIPORARYIiITER]{EIM.ES1OI.I(IOPRAIHEREASE IGNT.FIIIALI"EXS.DOC
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Schedule ll
Legal Descnption, Prather Parcel
TITLEONEGORPORANON
Ar0EHaEnlk
COMMONIATEALTII I-AND TITLE INSURANCE COMPATiIY
Commlknenl Numbs: A0660516 JG
scHEoUlSc
FROPEBTYDESCR|PT|ON
The hnd refened to h lhb Gommitment b described as follows:
PARCELA
A patcd of land belng &e Nodh 753.5 fuet of lhe Nodhrrest quarter of ha Nortreast
$Eter of Sedbr 24.
To*nstip 3 Norlh. RangE f WesL Eolse Mqidhn Meri6an. Ada Colrlt .
ldaho E(CEPT aUEB'ltAND
ACRES SUBDNISION. sccordlng b lhs plat lherEof tiled in Book 28 ot Plals st.Psge llf. Bcords ot Ada
County. ldaho. mora p€rlhllarlydesdibed as follorcs
Commencing at lhe Nortrcas{ comer of Sedon 24, Townshlp 3 Noffi, Raoge 1 Wesl, Boise Merldtsn: thencs
Norlh 89'46'45'Wosl 1309.42 festabng lhe Nodtr lrre olthe Norlheastquarter of sald Saction to lhe East U18
corng: frenca
Soulh 00'44'43' Wes140.00 ,ee{ along lhe East lhre of he Notl}rwes{ gualer oI lhe Norl}reasl
quarter of eid
sccrlon lo a pornl oo rho Northefllr dght-of{.ay of w€s, overEnd Road.lhe REAL PoINT oF BEGINNING of
[lb desdiption: henca conlinulng
Soulh {Xt'rl4'43'WesI 7t351 feel elong said East fine lo a poot thence
North 8:r'46'45r lrVesl l285Sg fuet b a poht on lhe EasiBrty rtght of.{ray of South Stoddard Road; thenco
North IX,'5153'Ean 18457 hetalong EaH Easbdy qftt-otrvay 6 a poni 0rnce
Soqlrt 89'46'45! EsEt 13922 feBl dong the South foe of kt 12 extended of QueBr{and Aores &rbdivbbn, as
record€d ar Boot28 of Ptels at kge 1747,alte Na Courty Remrders Ofpe.Ada Cormty. ldatro. U Ure
soufrcast cofirer ofeald Lot 12: lhence
Notth fi)'13'15'Easl2()0.IX! feetalong lheEa$erc of l-ot 12 Io lhe N6theas{comsrotsaid Lot 12:0rsnce
Norh 89'45t{f,West lSl3T lbetalong the Norlh fine of Lol 12lo tho Norlhwest corngrof sald tot la on sald
Easlerly dght-of-vrap thence
tlor& qr'5153'East
155-19 &etaloBg sakt Eastedy rtgtrt-ofarayto lho SulhwestcorBrof seld Lot 1O; thsnce
Souh 8tr46'ltt'885t1303 festafong &re Soulhlns of Lot 10 to the Soulheastcomsof said Lol 1q theo@
Notlh 00'1355r East 193,{3 Eet atong he Ea$ fme of Lot t0 lo a point
on said Soulherly rigrhl-of-uag ttreoce
Soulh 09'46"4t Eait 1151.45ft€lalong said Soutreilydghtof{r8}rand:long the Nqlh ltne of satd
Eubdiybton to lha REAL POINT OFBEGINNING of lhb descrlptbn
Al.lO
PARCELB
Lot t ot OUEENI-AND ACRES SUBDMSION. sccordhg to the plat lhe,tof filed ln Book 28 ot Pl€ts at Page
1747. records qfAda County.6aho.
E(CEPT ftal podbn deeded to Ada County Highka, DislrH laoorded July 12. 2006 as ftEfiment No.
106111r[7. racolG ofAdaCounty. k aho.
ATACoflrdl,IEnt
Sdr.rlubC
{A0so5t&PFD|AO6605t6tr0)
EASEMENT.T4
C:DOCI tt ENtS AilD SE TING$SDARULGiIOCAL SETnNGSI'IEIiPORAF NIERNET FLESIOLKI6PRAT}IER EASETiENT ' FIIAL
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Schedule lll
Legal Description, EasementArea on Prather Parcel
*..L<-<t& azz>;al-at rmt & FISOCIaTES
a60r',
Mr.gzl P-6
Profusdoral Engmeer+ tancl S.rvayos and Hanners
314 BadlohsL &dueI,lD 83005
Ph(2081 431{256 Fa(@)4Ct-0S79
c-oai} dbolder@rseneue
lrr.-
FOk JY1306
JOBNO.DAr& : BrighonCorp.OAoberll,20(E
NETTXENNEDYI.{TEBAL
EASEMENT2
A pace{ of laod beeg a po<doo aftha NEU4 NEU4 of Sstica 24, Tsqaship
3 Nor6, Rgogp I
WesL Bobc Medde, Ada Cordy Id&o, aqm padisoldy dc*ribcd as 6llmrs:
Co'r.meilcingatibeaor&astcmerof,sdilNEll4NEu4-'ffi"-.4dwilha3-isdtrasdisk
Tt€ose N. 89' ql' 2fl
W., a dsacc of II09.{4 fEd elog &e lotd bouudary of said NEI/I
NEI/4 to tbc aor&qcst comcrdsaid NEU4NEU4;
Thsrce S. 00o 44' 308 W- a disme of 4t.H) ftct alog &s west booilary of saiit NElr4 NEt/4lo
e poiu oo ttrc sordrdy rigfu.ofiray of $r- Oredoit RmA saiil
foirt @g 6a POINT Of
EEGII{![O{C of eid easm4
Ikoce coutiouiq S. Otr 44' 3(f Wo a dstroce of 705-53 frd aloug saiit wesr. bondayO a poirg
IlcaacN- 8P 47'ZIF Sr', adistaoccof20.fll&aparallel leitt lbgnorlLbo@&ryofsaidNEt/4
NBV4toapoirq
Itcoce N. 0(}o 4{' 30P 4 a diserc of70553 feet p&II"f sie aod 20J0 ftst lrcst ofibc qrest
boudary of saidNEI/4NEU4to apo@
Th€ocs S. 89" a7 20P E- a dstuce offlLfll frct lmallcl
Et& 81148.00 fee sou& ofttc aortb
bo..rd"ry of saidNEl/4 NEU4ro itclOI$II OB BECINNING dsaid essemd-
SII&IECI TO; AI aisting;ef'fs ofwql md eoseocats ofltcord or iqplird appcarbg o the
&opdcsccibcrl parod ofiad.
EASEMENT.ls
C:IOOCUMET{TSAHOSETNilGSISDARIIIIIGIU.OCAI.SETT'NGSITEMPORARVINIERHETRTES\OLKTOPRATI{EREASEMENT'FII|ALWE(S'DOC
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A0A C0U]{h.cC0BDER J. 0AVID tlAUAnnO Ail0utfi .00 t
l0l0E IDAH0 0il4fi0 01:il PM
OEP|rTY Ulcld Allsn
RECONDED.NEOUEST OF
clty ol trluldlm
rrililrililtillllililllllillt]t
1 19685467
FIRST AMEI\DMENT TO DEVELOPMENT AGREEMENT
PARTIES: l. City of Meridian
2, Jarnes Prather, Owner/Developer
\/^-
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated ttrirlglJuy
of Ja.-., .
"
a 'rt , 2010, ("AMENDMENT'), by and between CffY OF MERDIAN, a
municipal i corpordtion V. of the State of Idaho ("CfTY'), and James hather
("OWNER/DEVLEOPER"), whose address is 2595 S. Linder Road, Meridian, D 836/;2.
RECITALS
A. CITYandOWNER/DEVEIOPER'Spredecessor-in-interestenteredinto
that certain DEVETOPMENT AGREEMENT dated on September 17,2007 andrecorded on
September 2O,2W7 as lnstument# 107131597 on real property more particularly describedin
the Agreement. OWNERIDEVEIOPER is now roeuesting certain changes to the Agreement
and, following public hearing, which was duly noticed, City agreed to amend the Agreement as
set forth in this Amendment.
B. CffY and OWNER/DEVELOPER now deste to amend the
Development Agreement by amending Sections 5 "Uses Permitted by this Agreement", 6
'Conditions Governing Development of Subject Property" and Section 14 "Certificate of
Occupancy".
C. CITY and OWNERiDEVELOPER desire to update the Record of Survey,
attached hereto as Exhibit A.
D. CITY and OWNER/DEVELOPER also desire a modification to the
previously approved Conceptual Development Plau to remove Ore "bu'np ouf' (and trec) in the
perimeter buffer at the south boundary between Parcel Nos. 3 and 4, as well as the "stop" and
"yield" signs in that areq as in attached Exhibit B.
NOW, TIIEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
l. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
FIRSTAMENDMENTTO DEVELOPMENT AGREEMENT (MDA @-OM QUEENSLAND ACRES) PAGE
1 OF 8
Section5(pages4&5)
USES PERMITTED BY THIS AGREEMENT;
8. The two building pads shown on the concept plan at dre northeast comer of the site
should ha*a-ae allow parking stalls betwe€n the buildings and Overland Road
conaistent witl the desiEn standards contained in UDC 11-3A-19 and the Citv of
Meridian Desilm Manual.
t2. {onstruct
a multi-use pathway
from the sidewalk on the stub street at the 6outh boundary (Alaska Street) aqoss the
site, out to the sidewalk at the traffic signal on Overland Road. h+e=AJ*em*ive4e
Sald pathwav
mav be congtructed in two phases wlth develooment of oarcels Nos. I &
3 as shown
on Record of Survev recorded on November 25. 20(D. as Instrument No.
109732345. of Ada Countv. (attached hereto as A) and
shsll Thofath*vatfiust bo constructed priff to occupancy of rTot&g buildinlE ollsch
of the aforementloned parcets. The applicant shall design
and constnrct the multiuEe
pathway in accordance with UDC l1-3A-8 and in conjunction with the
parks
Dopartrnent's standards. exceot that the pathwav is allowed to be
E feet ln wldth.
lnstead of 10 feet. Additionally, where the pathway crosses drive aisles, the pathway
shall be distinguished from the driving surfaces thmugh the use of pavers, colored or
scored concrete, or bricks (not paint). Any changes to those requirements can be done
pursuant to Afticle 14 of this Agreemcnt.
I 3 . Development of this site plan shall be generally consistent with the conceptual building
elevations (photos) and Conceotual Develooment Plan (attached
as Exhlbit B). eite
@ Additionally, the rear elevation of the
largest building proposed along the southern boundary shall have horizontal banding
and/or include a variety of materials, With the exceofion of Parcel Nos. L arrd 2. as
shown on the Record of Survev recnrded November 25. 2fiD. as Instrument No.
11D132349. necords of Ada Countv. Idaho. f,Jrdividual buildings within this
development shall be limited to 15% over or under the sizes shown on the concept plan
except for the largest building pad which shall not exceed I 70,000 square feet, and the
minimum number of buildings allowed on the site shall no less than four and no more
than six. The foreeoins buildhe size restrictions shall not aoplv to buildinss
constructed on Parcel Nos. 1 and 2 fiontine on Overland Road.
17. Replace the existing fence, with the property owner's consent, along the southern
boundary of the site with ag 6!-foot tall esaeot+*etr white vlnvl fence to assist in
providing a buffer to the residents in Bear Creek Subdivision in addition to the
Iandscaping requirements listed in UDC l1-3B-9C a & b.
FIR,ST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA O9.OO4
QUEENSI./ND ACRFJ) PAGE 2 OF E
Sectlon 5 (pege 6)
COMPLI,ANCE PERIOD/CONSENT TO REZONE: @
is
Elther oarty's fallure to faithftrllv
comolv with all of the terms and condldons lncluded in this As€ement shall constitut€
default under this Asreemenl
In the event of default of this Aereement. Owner/Developer shall
have thirtv (30) davs from receiDt of written notice from Citv to initiate
commencement of action to correct tle breach and cure the ddault which actlon must
be nrosecutcd wlth diligence and completed within on eiehtv (1E0) davsl
orovided. however. that in the case ofanv such default that cannot with diligence be
cured within such one hundrcd eiehtv (1E0) dav period.
then thetime allowed to cure
such failure mav be extended for such oerioil as mav be necessarv to comolete the
curinq of the same with dilisen@ and continuity.
In the event of default bv Owner/Developer that is not cured after notice as described
in the orior paraeraph. Owner/Developer shall be deemed to have comented
to
modiflcadon of thls Agreement ard de-annexation and reversal of the zoning
desienations described herein. solelv aqainst the offending nortion of Prooertv arrd
uoon Citv's compllance with all aoolicable laws. ordinances and rules. includinq anv
anrllcable provisions ofldaio Code. $ 67-6509 and 67-6511. Owner/Develoner reerves
all riehts to contast whether a default has occurr.ed. This Aereement shall be
enforceable in the Fourth .Iudicial District Court in Ada Countv bv either Citv or
Owrrer/Developer. or bv anv successor or successons in title or bv the assiqns of the
narties hereto, Enforcement mav be soueht bv an apomoriata action at law or in
eduitv to secure the specific performance of the covenants. agreements.
conditioN. atrd
oblisations contained herein.
In the event the oerformance of anv covenants to be perfonned hereunder bv either
Owner or Citv is delaved for causes that are bevond the reasonable control of the
oartv responsible for such perfonnance. which shall include. without limitation acts
of civil disobedienc.e. strikes or slmllar causes. the time for such oerformance shall be
extended bv the amount of time of such delev.
A waiver bv Citv of anv default of Owner of anv one or more of the covensnts or
conditions hereof shall apolv solelv to the default and defaults waived and shall
neither bar anv other rights or remedies of Citv nor aoolv to anv subseouent default of
anv such or other covenants and conditlons.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA O9.OO4
QI'EBNST.AND ACRES) PACE 3 OF 8
Section 1{ (page E)
CERTIFICATE OF OCCLJPANCY: The Owner/Developer agrees that no Certificates of
Occupancy will be issued fg@11!dl[Eg-g!ts_9I_pggggl until all improvemenrs thereto.
reoulred urder thls Asrrement are lgyg@.instB[elL compleredirrikss+o{*graad
Feveloper/ewn€r tras enterd
wi[ be eor.Fleted kt e p]raoed develepmenta ard h mJ'oyeaq ne eerEfieeteo of eeeupan€y
and accepted by the City. The Orrner/Developer may develop each parcel or buildins
site as a seoarate ohase or in rhases. Imorovements sball include the multl.use
oathwav referred to in Section 5 (#10).
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property sha[ be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Amendment, and the Ordinances of the City of
Meridian as herein provided.
3. This Amendment shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporato
authorities and their successors in of6ce. This Amendment shall be binding on the
Owner/Developer of the Property, each subsequont owner and any other person(s) acquiring an
hterest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thercof, except that any sale or alienation shall be subject to the provisiotrs
hereon and any successor owner or owners shall be both benefited and bound by the conditions
and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to
execute appropriate and recordable evidence of termination ofthis amendment if City, in its sole
and reasonable discretion, had determined that Owner/Developer has fully performed its
obligations under this amendmenl
4. If any provision of this Amendment is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Amendment and the
invalidity thereof shall not affoct any of the other provisions contained herein.
5. This Amendment sets forth all promises, inducements, agre€ments, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and
there are no promises, agreements, conditions or under-standing, either oral or written, express
or implied, between Owner/ Developer and City, other than as are stated herein. Except
as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Amendment shall be bhding upon the parties hereto unless reduced to writing and signed by
them or thet successors in interest or their assigns, and pursuan! with respect to City, to a duly
adopted ordinance or resolution of City.
a. Except as herein provided, no condition goveming the uses and/or conditions
governing development of the subject Property herein provided for can be
modifi.ed or arnended within the approval of the City Council after the City
has conducted public hearing(s) in accordance with the notice provisions
FIRST AMEN'DMENT TO DEVELOPMENT ACREEMENT (MDA Og-OM QUEENSLAND ACRES) PAGE
4 OF 8
provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
6. This Amendment shall be effective as of the date herein above written.
7. Except as amended by the Amendment, all temrs of the Agreement shall remain in full
force and effect.
ACKNOVYLEDGMENTS
IN WTTNESS WI{EREOF, the parties have herein executed this Amendment and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
By: Ma y de Weerd
J
ATTEST: oF
Holman, City Clerk l
1s1
SEAI,
FIRST AMENDMENTTO DEVELOPMENT AGREEMEIIT (MDA O9-OO4 QIJEENSLAND ACRES) PAGE
5 oF 8
CITY OF MERIDIAN
,Nl
STATE OF IDAHO
County of Ada
'\j- I
On this [{' day of )o,n ula* ,2010 before me, rhe undersigned, a
Notary Public in and for said State, personallfappeared James Prather, known or identified to
me to be the person who executed the insEument herein and acknowledged to me that he
executed the same.
IN WTINESS WHEREOF, I have hereunto set my hand and affrxed my offtcial seal the
day and year in this certificate first above written.
Notary for Idaho
Residing at' '-Rori-[. 1D
My commission expires3:t-Nt4_
ss.
)
)
)
STATEOFIDAHO )
:ss
CountyofAda )
on tlris-]9?day of 2010, bofore me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the
person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same,
IN WINESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificat€ first above written.
(sEAL) N Public
Residing at: h<>
Commission expires: . \an ,{
. por.l
r+qtif/.sh
L*ta:&ru'
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA O9.OO4
QI'EENSLAND ACRES) PAGE 6 OF 8
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QTJEENSLAND ACRES) PAGE 7 OF 8
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DEVELOPMENT AGREEMENT
PARTIES 1.
2.
City of Meridian
Jamqs Prather, Owner/Developer
THIS DEVELO
entercd in16 11i5 I -7 day of ,2007 , by and between City of Meridian,
a
municipal corporation of the State of Idaho, hereafter called CITY, and James Prather, whose
address is 707 E. United Heritage Parkway, Suite 150, Meridian, ID 83642, hereinafter called
OWNER/DEVELOPER.
RECITALS
1.1 WIIEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, t.C. $ 67-651 1A, Idaho Code,
provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-58-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, OwnerlDeveloper have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and
has requested a designation of C-G (General Retail and Service
Commercial District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning &Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND
ACRES
PAGE 1 OF 12
PMENT 5.rt. AGREEMENT (this Agreement), is made and
1
1.7
1.8
1.9
l.l0
Planning & Zoning Commission, and subsequently before the City
council, include responses of govemment subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 4t day of September, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
WIIEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the city council takes finar action
on annexation and zoning designation; and
owNER/IlEvfLoPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
WIIEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the
property
is developed and the subsequent use ofthe property
is in accordance
withthe terms and conditions ofthis development agreement, herein
being established as a result of evidence received by the city in the
proceedings for zoning designation from government subdivisions
providing services withinthe planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended comprehensive Plan of the city of Meridian
adopted August 6,2002,Resolution N o. A23BZ, and the Zoning and
Development ordinances codified in Meridian unified Deveropment
Code, Title 11.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION O[' RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 07 _009)
QUEENLAND ACRES
PAGE 2 OF 12
3. DEFINITIONS: For a1l purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context ofthe presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and govemment
subdivision ofthe state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, ldaho 83642.
3.2 OWNER/DEVELOPER: means aad refers to James Prather, whose
address is 707 W. United Heritage Parkway, Suite 150, Meridjan,
Idaho 83642 the party that owns and is developing said Property and
shall include any subsequent owner(s) or developer(s) ofthe Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to bo re-zoned and C-G (General
Retail and Sewice Commercial District), attached hereto and by this
reference incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
+-t The uses allowed ptrsuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code $ 11-2B which
are herein specified as follows:
I
General compliance with the suhmitled conceptual development
plan and the pertinent provisions oJ the City of Meridian
Comprehensive Phn are applicable to this AZ 07-009 application.
No change in the uses specihed in this Agreement shal1 be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMI'NT OF SUBJECT
PROPERTY:
5.1 OwneriDeveloper shall develop the Property in accordance with the
following special conditions :
DEVELOPMENT AGREEMENT (AZ O7-OO9) QUEENLAND ACRES
PAGE 3 OF 12
1. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
2. AII future development of the subject property shall comply with
City of Meridian ordinances in effect at the time of development.
3. The applicant shall be responsible for all costs associated with
sewer and water service installation.
4. Prior to issuance ofa Certificate of Zoning Compliaace for the
first building on this site, provide City Staff with a copy of a
recorded document(s) granting vehicular cross_access and cross_
parking befween the prope(ies on this site; and granting cross_
access to the adjacent development to the east (Lowe's).
5. The public stub street (Alaska Street) in Bear Creek Subdivision
along the south property boundary shall not be extended as a
public or non-public street into this site but shall be used as an
emergency access point and pedestrian pathway into the site. At
no time shall construction trafEc associated with the development
of this site be allowed to access this site using Alaska Street.
6. Access points to/tom the site are limited to those shown on tle
concept plan unless otherwise restricted/approved by ACIID.
7. The drive aisle legs off the intemal full access points to/from
Overland Road and to/from Stoddard Road, to the north and west
of the main retail building, shall be constructed as shown on the
concept plan so tltat vehicles pulling out ofthe parking spaces are
not backing out into the drive aisles.
8. The two building pads shown on the concept plan at the northeast
comer of the site should have no parking stalls between the
buildings and Overland Road.
9. The building pad proposed at the comer of Stoddard & Overland
should be situated so that parking is evenly dispersed around the
fiont, rear, and sides ofthe building as shown on tle conceptplan
or situated closer to Overland Road, similar to the struchres
depicted on the northeast portion of the site.
10. Prior to issuance ofthe first Certificate ofOccupancy, construct a
multi-use pathway from the sidewalk on the stub strcet at tle
south boundary (Alaska Street) across the site, out to the sidewalk
at the traffic signal on Overland Road. In the altemative the
Developer shall depict the multLuse pathway on the CZC
application necessary for second building site to be developed on
DEVELOPMENT AGREEMENT (AZ O7.OO9) QUEENLAND
ACRES
PAGE 4 OF 12
the properfy that is cunently depicted on the site plan rather than
the large scale building that is proposed to be built first. The
pathway must be constructed prior to occupancy ofthat building.
The applicant shall design and construct the multiuse pathway in
accordance with IJDC 1 1-3A-8 and in conjrmction with the parks
Department's standards. Additionally, where the pathway crosses
drive aisles, the pathway shall be distinguished from the driving
surfaces through the use ofpavers, colored or scored concrete, or
bricks (not paint). Any changes to these requirements can be
done pusuant to Article 14 of this Agreement.
11. The applicant shall be responsible to obtain a Certificate of
Zoning Compliance (CZC) permit and administrative design
review in accordance with the standards listed in IIDC I 1-3A- I
g,
prior to all new construction on the subject property. (NOTE:
The intemal building shall not be subject to the g-foot
pedestrian
walkway requirement to the perimeter sidewalk.)
12. Development ofthis site plan shall be generally consistent with
the conceptual building elevations (photos) and site attached as
Exhibit A of the staff report. Additionally, the rear elevation of
the largest building proposed along the southem boundary shall
have horizontal banding and/or include a variety of materials.
Individual buildings within this development shall be limited to
15% over or under the sizes shown on the concept plan except for
the largest building pad which shall not exceed 170,000 square
feet, and the minimum number of buildings allowed on the site
shall no less than four and no more than six.
13. The following uses shall be prohibited along the southem portion
of tlis site, south of the northemmost full access drive to/from
Stoddard Road shown on the concept plan: fuel sales facility;
building material, garden equipment & supplies; a.nd vehicie
washing facilities.
14. Construct a 25-foot wide landscape buffer along Overland Road
in accordance with the standards in UDC I l -38-7.
15. Construct a 2O_foot wide landscape buffer along Stoddard Road
in accordance with the standards in UDC 1 1-3B_7.
16. A 60-foot wide separation is required between the residential lots
along the southem property boundary and the rear of the
buildings. Within said 60 feet a 25-foot wide landscape buffer
shall_be constructed at the south property line, then a drive aisle,
and then an additional buffer at the rear ofthe buildings, with an
allowance for access to loading areas for the smilier retail
DEVELOPMENT AGREEMENT (AZ O7-OO9)
QIJEENLAND ACRES
PAGE 5 OF 12
v
building(s) on the southeast portion of the site said buffer shall
substantially comply with the buffer example shown in Exhibit
4.4 of the staff repon. Landscape buffers shall be designed and
constructed in accordance with I_IDC 11-38-9.
17. Replace the existing fence, with the property owner,s consent,
along the southern boundary of the site with a 6-foot tall concrete
wall to assist in providing a buffer to the residents in Bear creek
Subdivision in addition to the landscaping requirements listed in
IJDC 1l-3B-9C a&b.
18. The applicant shall comply with all landscaping standards
described in UDC 11-38, including but not limited to UDC 11-
3B-8 which outlines the standards for parking lot landscaping.
19. The trees that currently exist on this site shall be retained or
mitigation shall be provided in accordance with UDC 1l-3B-i0.
The applicant shall work with the Parks and Recreation
Department regarding the removal or replacement of any trees on
this site.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoringdesignati,cn reversed,
upon a default of the OwnerlDeveloper or Owners'lDevelopers' heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject
property,, of
this agreement within two years of the date this Agreement is effective, ana ifter ttre City has
cornplied with the notice and hearing procedures as outlined in Idaho Code
$ 67-6509,or any
subsequent amendments or recodifi cations thereof.
7. CONSENT TO DE-ANNEXATION AND REYERSAL OF
ZONING DESIGNATION:
OwnerlDeveloper consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.r That the city provide written notice of any failure to comply with this
Agreement to owner/Developer and if the owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, irnmediately upon completion of
any portion or the entirety of said development of the Properfy as required by this agreement
or by City ordinance or policy, notifu the City Engineer and request the City Engineer,s
DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND ACRES
PAGE 6 OF 12
9
inspections and written approval of such completed improvements or podion thereof in
accordance with the terms and conditions of this Development Agreement and ail other
ordinances ofthe City that apply to said Development.
DEFAULT:
9.1 In the event OwnerlDeveloper, or Owner/Developers' heirs,
successors, assigas, or subsequent owners ofthe Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
com)ection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by OwnerDeveloper of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Ageement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, ard submit proof of such recording to Owner/Developer, prior to
the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe
Properry by the City Council. Iffor any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, lhe City shall execute and record an appropriate instmment ofrelease
of this Agreement.
I I . ZONING: Ciq, shall, following recordation ofthe duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12 . REMEDIES : This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner,/Developer, or by any successor or successors in title or
by the assigns olthe parties horeto. Enforcement may be sought by an appropriate action at
law or in equiff to socure the specific performance ofthe covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach ofthis Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
DEVELOPMENT AGREEMENT (AZ O7.OO9) QI.IEENLAND
ACRES
PAGE 7 OF 12
delivery of notice of said breach to correct the same prior to the non-
breaching parly's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which carurot
with diligence be cured within such thirry (30) day period, if the
defaulting parry shall commence to cure the same within such thirty
(30) day period and there after shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as maybe necessaryto complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The Cify may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code $
1 1-5-C, to insure that installation of the improvements, which
the OwnerlDeveloper agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPAI\CY: The Owner/Developer agrees thatno
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased development; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the City.
15. ABIDB BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deerned deiivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 07-009) QUEENLAND
ACRES
PAGE 8 OF 12
OWNER/DEVELOPER:
James Prather
707 E. United Heritage Parkway, Suite I50
Meridian,Idaho 83642
CITY
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
with copy to:
City Clerk
Cig, of Meridian
33 E. Idaho Avenue
Meridian,ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a
separate contract between the parties and shall survive any default, termination or forfeittue
of this Agreement.
18' TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hererurder shall
constitute a breach of and a default under this Agreement by the otler party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns
and personal
representatives, including City's corporate authorities and their ,r.".r.orc in office. This
Agreement shall be binding on the Owner/Developer of the Properry, each
subsequent owner
and any other person acquiring an interest in the P.op"rty. Nothing herein shall
in any way
prevent sale or alienation of the Property, or portions thereof, except
that any sale or
alienation shall be subject to the provisions hereof and
any successor owner or owners shall
be both benefited and boturd by the conditions and restrictions herein expressed.
City agrees,
upon written request of Owner/Developer, to execute appropriate and
recordable evidence of
DEVELOPMENT AGREEMENT (AZ 07_009)
QUEENLAND ACRES
PAGE 9 OF 12
termination of this Agteement if City, in its sole and reasonable discretion, had determined
that OwnerlDeveloper has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent juisdiction, such provision
shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FrNAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the wes and/or conditions governing re-zoning ofthe
subject Property herein provided for can be modified or amended withoutthe
approval of the City Council after the City has conducted public hearing(s) in
.designation accordance and/or amendment with the in notice force at provisions the time of provided the proposed for a amendment. zoning
22. EFFECTwE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning ofthe Propertyand execution ofthe
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07 -00e) QUEENLAND ACRES
PAGE 10 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERIDEVELOPER
JAMES PRATHER
CITY OF MERIDIAN
BY
MAYOR de WEERD
,A Ctr,*-o7 ?- / 9-O7
ATTEST:
WILLIAM G. BERG, JR.
///
//
D EVELOPMENT AGREEMENT (AZ A7 -009) QUEENLAND
ACRES
PAGE 11OF 12
Qaagrv
'lltttutt,.lll
ls1
BHiuiL
of
STATE OF IDAHO, )
:ss
County of Ada, )
lae.7) 2007, before me, the
undersigned, a State, personally appeared James Prather, known
or identified to me to be the person who signed above and acknowledged to me that he
executed the same.
IN MTNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
a I t
a t a a
a a
a a
a
a
a a #e
(sEAL) L
Notary for Idaho
Residing at: 'l
bc"
My Commission Expires /r; ^/{- t I
STATE OF rDAHO )
ss
County of Ada )
onthis /q* dayof 2007,before me, aNotary
Public, personally appeared Tammy de W, and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively,
of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
off,rcial seal the day and year in this certificate first above written.
tro iIJ
(SEAL *
Notary
Residing at:
* Commission expires:
DEVELOPMENT AGREEMENT (AZ 07_009)
QUEENLAND ACRES
PAGE 12 OF 12
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DATE
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
January 12,2010 ITEM # 1{-A
PROJECT NUMBER
PROJECT NAME
MDA 09-004
Queenland Acres
PLEASE PRINT NAME AGAINST NEUTRAL
l..l', \[i om
*D. co lli *,A-,.Ti,"f'J X
tr r-Ij T\/E
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crwoFo{./qtnsq-
CITY CLERKS FICE
I I
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FOR
As close as practicable to the existing Bear Creek Subdivision fence along
the southem boundary of the Property, provide an 8-foot tall white vinyl
fence to assist in providing a buffer to the residents in Bear Creek
Subdivision in addition to the landscaping requirements listed in UDC 11-
5
3B-9C.l.a and b
++ The Owner/Developer shall compty with all landscaping standards
described in UDC 11-3B, including but not limited to UDC 11-3B-8 which
outlines the standards for parking lot landscaping.
15. Owner/Developer shall be responsible to instail street lighting along the
project's frontage on W. Overland Road and S. Stoddard Road in accord
with the City's Improvement Standards, prior to occupancy of the first
building on the site.
16. OwnerlDeveloper shall record an easement granting cross-access to the
ICON Credit Union property at the northeast comer of the site (parcel
#R728s000004). A copy of said easement shall be submitted with the first
Certificate ofZoning Compliance application for this site.
17. Ovemight recreational vehicle parking/camping on the site is prohibited'
DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Acts of Default. Either party's failure to faithfully comply with all of the terms
and conditions included in this Agreement shall constitute default under this
Agreement.
Notice and Cure Period. In the event of OwnerlDeveloper's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement ofaction to correct the breach and cure
the default, which action must be prosecuted with diligence and completed within
one hundred eighty (180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty (180)
day period, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 5.2, Owner,/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal ofthe
zoning designations described herein, solely against the offending portion of
Property and upon City's compliance with all applicable laws, ordinances and
rules, including any applicable provisions ofldaho Code g$ 67 -6509 and 67-6511.
Owner/Developer reserves all rights to contest whether a default has occurred.
5.1
5.2
5.3
Walmart Overlard Stoddald MDA-l l-005 Page 5
(/
ADI B0ISE COUIITY l0All{,10fl6l05 RECOBI}EB fi:J. {9 OIVIO PIll NAVAREO Aflrou[r 5pn {8fr 4v
DEPUIY Eonnle 0bethil[g
RECORDED-REOUEST OT
Iille One
ilr ffilll lllll llil llfi ll lll ill lfl l
105164363
nI
This sheet has been added to docurnent
to accommodate recording information.
FILE COPY
lcon Credit Union
10018.01
FILE
*ffi.,
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t1
Date: August 10, 201 1
Mayor De Weerd
City of Meridian
33 E. Broadway Avenue
Meridian, ldaho 83642
Wal-lvlart
MMDA-1 1-005/MCUP-1 1-002
SEC of Overland/Stoddard lntersection
Res ctfullv,
Di
Ada County Highway District
CC: Project file,
Pacland - Nick Taylor
The Ada County Highway District has received the modification to the existing development
agreement and conditional use permit applications for the proposed Wal-Mart
devel-opment project
located at the southwest corner of the intersection of overland Road and Stoddard Road.
As we greatly appreciate the importance of this project, we wanted to share with you
that the
District has not yet received the required traffic impact study for this developmeni - a critical
requirement for the conditional use permit, supporting a drive-thru pharmacy window. Drive-thru
pharmacies are extremely high trip generators; and the information provideO
by a traffic impact
study is essential in determining the appropriate mitigation for the site.
As such, ACHD has two requests. First, how do we best partner with you to address
this and
second, to defer any action on this item until this is resolved. This will provide ACHD and the
City of
Meridian the options necessary to mitigate the development,s traffic impacts.
Madam Mayor if you or your staff have any questions,
please feel free to contact me at (20g) 3g7-
61 10.
a6 ;m i*' \*
Rebecca W. Arnold, President
John S, Franden, Vice president
Carol A. McKee. Commissioner
Sara Fl. Baker, Commissioner
David L. Case, Commissioner
To:
Subject:
:;ry
Wong
Ada County Highway District . 3775 Adams Street
. carden Ctty, ID . 83714
. PH 208-387-6100 . FX 345-7650 . www.achdidaho.org
C",*, 'aT,)d" *a,n;"o
Page 1 of 1
Sonya Watters
From: Peter Friedman
Sent: Thursday, August 25,2011 2:50 PM
To: Nick Taylor
Gc: Shari Gallivan, Sonya Watters; Gary lnselman; Jeff Lavey; John Overton - Police; Mark Niemeyer;
Perry Palmer
Subject: Alaska Street Emergency Access- Walmart
Nick,
Both the Police and Fire Departments have indicated that the Alaska Street emergency access is not
needed. Please revise the site plan to extend the landscape buffer across this area and provide a
pedestrian pathway through the buffer incorporating appropriate measures to preclude vehicles from
using the pathway. We would appreciate a detail of the landscaping and pathway that we can foruvard to
the City Council.
Your client will need to obtain a license agreement for any landscaping and pathway improvements that
may be in the right of way.
Please don't hesitate to call me if you have any questions.
Pete
Pete Friedman, AICP
lnterim Planning Director
33 E. Broadway Ave.
Meridian, lD 83642
phone (208) 884-5533
fax (208) 489-0576
9l2u20tt
Page 1 of I
Sonya Watters
From: Peter Friedman
Sent: Thursday, August 25,291 1 2:50 PM
To: Nick Taylor
Cc: Shari Gallivan; Sonya Watters; Gary lnselman; Jeff Lavey; John Overton - Police; Mark Niemeyer;
Perry Palmer
Subject: Alaska Street Emergency Access- Walmart
Nick,
Both the Police and Fire Departments have indicated that the Alaska Street emergency access is not
needed. Please revise the site plan to extend the landscape buffer across this area and provide a
pedestrian pathway through the buffer incorporating appropriate measures to preclude vehicles from
using the pathway. We would appreciate a detail of the landscaping and pathway that we can forward to
the City Council.
Your client will need to obtain a license agreement for any landscaping and pathway improvements that
may be in the right of way.
Please don't hesitate to call me if you have any questions.
Pete
Pete Friedman, AICP
Interim Planning Director
33 E. Broadway Ave.
Meridian, lD 83642
phone (208) 884-5533
fax (208) 489-0576
8126t20rr
Page I of2
Sonya Watters
From: Frank Balkovetz [fbalkovetz@rdcpa.com]
Sent: Monday, August 22,2011 12:33 PM
To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Robert Simison; Sonya
Watters
Cc: Glen Mate; Kim Galimanis; RafaelOsorio -ARCH. CP 2006; Russell Clark; Stephen Warren; Steve
Haynie; jbutler@spinkbutler. com
Subject: FW: Walmart fence
To Whom lt May Concern:
Wal-Mart has been requesting through their attorney if there is a consensus regarding the fence that
will be built along the property line separating Bear Creek and the new Wal-mart. Please read the e-mail
below pertaining to the fence bordering Bear Creek subdivision and new Wal-Mart on the corner of
Overland and Stoddard.
Regards,
Frank Balkovetz
Bear Creek Treasurer
From: Dan Albeft [mailto:idahornr@gmail.com]
Sent: Friday, August t9,207L 3:05 PM
To: jbutler@spinkbutler.com
Cc: Frank Balkovetz; Glen Mate; Kim Galimanis; Rafael Osorio -ARCH. CP 2006; Russell Clark; Stephen
Warren; Steve Haynie
Subject: Walmart fence
Ms.Butler,
After the Bear Creek board members discussion pertaining to the fence dividing the Wal-Mart
at Overland Rd & Stoddard and Bear Creek subdivision, it was determined that the board will be
responsible for any decisions made in regards to fence modifications and not the individual home
owners of the adjoining properties to this new Wal-Mart.
The Bear Creek Board is requesting that Wal-Mart construct the same type of decorative cinder
block (cement) fence that was constructed for their Eagle rd. and Fairview st. store location in
Meridian Id. An 8' fence would also match the current height of the neighboring Lowes fence.
Myself and our ACC
Committee chair/board member Rafael Osorio will be available for further discussions pertaining
to this fence Thank you
Sincerely, Dan Albert
All Board members have been CC'd on this email. Feel free to save these addresses and"/or reply
to all, so everyone is in the information loop.
Bear Creek HOA President
8l22l20tr
Page 1 of2
Sonya Watters
From: John Overton - Police
Sent: Wednesday, August 17,2011 8:09 AM
To: Sonya Watters
Cc: Peter Friedman
Subject: RE: Courtesy copy of comments re Wal-Mart on Overland & Stoddard
Good morning Sonya,
My first thoughts on the Wal-Mart letters:
Fence: The fencino should be consistent with the tvoe and heioht installed at the rear of the Lowe's on the
southern border of the oroperty but asking for that same type of fencing along Stoddard is a bit much.
That would hamper and restrict our patrol and crime prevention efforts by making it much more difficult to
view the property facing the road and would provide almost a hidden area next to the store. While I
understand shielding the view from the residential area to the South, I would disagree with shielding to the
West facing Stoddard as far as fencing goes. As a point, shielding that west facing portion of the store
from public view would not be supported by police.
Landscaping: Landscaping would be the best answer to the views West toward Stoddard, but not a tall
wall of shrub that can't be seen thru.
Operating hours: They operate as a Wal-Mart just like how it was zoned and approved.
Safety store and Type: No comment
Traffic safety: Like many developments in our city, the developments are done before the roads are
upgraded. This is a topic for ACHD and their five year work plan as this builds out and traffic counts can
be monitored and pedestrian traffic can be monitored. Not bad ideas and possibly what might happen in
the future, but not a requirement of this development.
Let me know if we need anything more???
Lt. John A. Overton
Community Services Divison
Meridian Police Department
208-846-7339
208-846-7366 (fax)
www.meridiancity.orq
www.meridianmadc.oro
From: Sonya Watters
Sent: Tuesday, August 16,2011 3:41 PM
To: John Overton - Police
Subject: FW: Couftesy copy of comments re Walmaft on Overland & Stoddard
Hi John,
Please see the attached comments, in particular in regard to the fencing along the south
boundary... .please let me know your thoughts...
Thanks,
Sonya
811712011
Page 1 of2
Sonya Watters
From: Nick Taylor [ntaylor@pacland.com]
Sent: Wednesday, July 27,2011 11:14 AM
To: Sonya Watters
Cc: Patrick Holm; Josh Phair; JoAnn Butler; Shari Gallivan
Subject: RE: Walmart Overland near waterpark
Sonya,
We can definitely implement some type of speed reduction measure at the south side drive aisle,
whether it would be speed bumps or a rumble strip. We will discuss the specifics with you during the
design process, but we will update the Development Agreement concept plan to callout "speed
reduction measure" at the south side drive. We will send you the updated document shortly.
Please let us know if you need anything in the meantime
Thank you,
Nick Taylor, PE, LEED AP
PACLAND
606 Columbia Street NW, Suite '106
Olympia, WA 9850'l
Office: (360) 786-9500 ext.1226
Cell: (253) 370-2394
Fax: (360) 786-5267
From : Shari Gallivan fmailto : sgallivan@spinkbutler.com]
Sent: Wednesday, July 27,2011 B:35 AM
To: swatters@meridiancity.org
Cc: Nick Taylor; Patrick Holm; Josh Phair; JoAnn Butler
Subject: FW: Walmart Overland near waterpark
Sonyo,
I'm possing this olong to those moking the decisions. Nick - would
you like to
respond to Sonyo on this?
By the woy, I thought this wos o very productive meeting. lt wos much smoller
thon we expected bosed on the lost turnout. On the whole, people seemed
willing to work to find solutions to their concerns. I om sending you the sign-in
sheet now ond copies of the comment cords shortly. I gove out the e-moil
oddress for comments, ond I do onticipote receiving some messoges from
there, so I will woit for o while to see whot comes in, ond get them oll to you ot
the some time.
Thonk you!
Shori
Shoron Gollivon, Porolegol
sqollivon@spin kbutler.com
Direct: 208.388.3868 or 208.388.1000 x t8
7l27 t20tt
Page 1 of 1
Sonya Watters
From: Jay Gibbons
Sent: Tuesday, August 02,2011 10:56 AM
To: Sonya Watters
Subject: MDA 11-005 Walmart - Overland/Stoddard
Meridian Parks & Recreation makes the following comment on the application:
The City's Pathways Master Plan, adopted in 2007 indicates two multi-use pathways crossing the subject
commercial development property. The drawings submitted with the application indicate an 8 foot wide
concrete pathway connecting to the stub street at the southern boundary, Alaska Avenue. As shown the
pathway provides an indirect route to the signalized crossing on Overland across from Roaring Springs.
The Parks Department would recommend a more direct route, between the Alaska Avenue connection
point and the intersection. We would prefer a 10 foot wide pathway, but will accept an 8 foot pathway.
The Pathways Master Plan also indicates a pathway connection between Overland and the existing
pathway along Stoddard Road near the southern property boundary. While the plan indicates the
pathway connection bisecting the subject property, we would prefer the development to provide an
extension along Stoddard to Overland. Again, we would prefer a 10 foot pathway as this will provide a
pedestrian/bicycle connection to Bear Creek Park, classified a community park, but will accept an 8 foot
pathway.
Please incorporate our comment into the staff report. Keep me posted of the final agreement. Thank
you.
Jay A. Gibbons, RLA, ASLA
Parks & Pathways Project Manager
Meridian Parks & Recreation
33 East Broadway Avenue, Suite 206
Meridian, lD 83642
P. 208-BBB-3579 (489-0553 direct line)
c. 208-869-0747
F. 208-898-5501
Email. iqibbons@meridiancitv.oro
81212011
Page 1 of 1
Sonya Watters
From: Machelle Hill
Sent: Wednesday July 20, 2011 3:01 PM
To: Barbara Shiffer; Sonya Watters
Subject: FW: Wal-Mart
From: Perry Palmer
Sent: Wednesday, July 20, 2011 3:01 PM
To: cl'erk
Subject: Wal-Mart
At this point, the Fire Department has no issues with the modification request.
Perry Polmer, Deputy Chief of Fire Prevenlion
Meridiqn Fire Deportmenl
208-888-1234
Dedhofion, Loy olty, Tr oditio n
CONFIDENTIALITY NOTICE:
This email and any files transmitted with it are confidential and privileged and intended for receipt and
use solely by the individual or entity named in this email transmission. If you are not the intended
recipient, be advised that you have received this email in error, and that any use, dissemination,
forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the
contents of this information is strictly prohibited. Please notify the sender immediately that you have
received this message in error and destroy this message.
712U20t1
{f[n. ----
Barbara Shiffer
-)
by Page I of 1
J
From: Machelle Hill
Sent: Wednesday, July 20, 2011 10:51 AM
Subject: FW: City of Meridian Dev App - MDA 11-005 Walmart
fi l
tEfi r* 0
City of Meridian
City Clerk's Office
33 E. Broadway Avenue
Meridian, lD 83642
City Council
Develop me nt Ap p li c ot io n Truns mittal
To: City Departments Comments due 20tl
Transmittal Date: July 20,2011 File No.:
Hearing Date: August 23,2011
Request:
By: SEC of W. Overland Road and S. Stoddard Road
Location of or ect:
The City of Meridian is requestin g comments and recommendations on the application referenced above.
To review
detailed information about the request, please click on the file number above to take you
direcfly to the
application
We requ.est that you submit your comments or recommendations by date specified
above. When
responding, please
reference the file number of the project. lf responding by email, please
send comments to
clerk@merid iancitv.orq.
For additional information associated with this application please contact City Clerk,s Office
at number
below.
Thank you,
Machelle Hill
Meridian City Clerk's Office
33 E. Broadway Avenue
Meridian, lD 83642
(208) 8884433
mhill@meridiancitv.orq
7121t2011
Public Hearing -
Modification to the existing Development Agreement to
amend the conceptual development plan and certain sections ofthe text of
the agreement in acc_ord with the proposed changes to the development plan
for Walmart -
Overland/Stoddard
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BTTTERSWEET
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61S Bl
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o Removal of several provisions that have already been satisfied with the development ofthe ICON property
as they are no longer applicable.
I{UNNICI]TT TERRY E & HTINNICUTT
SHELIA A
1752 BITTERSWEETHILL
VI.9TA, CA 92084-0000
I\ARCHER CROSSING LLC
1260I W EXPLORER DR STE 2OO
BOISE, ID 83713-0000
I\NOT.T BRIAN & KNOTT ELIZABETII A
610 lV ELIAS ST
MERIDIAN, ID 83642.0000
LACOMBEDEANNAM
482 WDAVENPORT ST
MERIDIAN, ID E3642-0000
LANZARA ANDREW R & LANZARA
DAWl.lM
469 WDAVENPORT ST
MERIDIAN, ID 83642-OOOU
MCKAY BRIAN E &MCKAY J[.]DY L
7I8 W ELIAS ST
MERIDIAN, ID 83642-0000
MOLINTAIN VIEW EQIJIPMENT CO
PO BOX 690
MERIDIAN, ID
PETTENGILLRAY L & PETTENGILL
DEBBIE
464WDAVENPORT ST
MERIDIAN, ID 83642-0000
PRATHER JAMES & PRATHER PAMELA
2595 S LINDER RD
MERIDIAN,
PRATHERJAME,S & PR,\THER PAMELA
MEW 2'95 S LINDER RD
wuvl,v.aveIy.com
l.8OGGO.AVERY
Etiquemes faeiles i peier
Utilisez le gabarit AVERv@ 5160@
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Sens de
charoement
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HUGHES DONALD P & TIT]GHES DIANE
668 W DAVENPORT ST
MERIDIAN, ID 83642.0000
OSORIO KATIE J & OSORIO RAFAEL G JR
1975 S ICEBEARWAY
MERIDIAN, ID 83642.0000
ffiU"ffiHffi:*sr6oan""" j
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4OO W OVERLAND RD
MERIDIAN,
CHESTER EDWARD G JR
493 W DAVENPORT ST
MERIDIAN, ID 83 6 42-OOOO
DEJOURNETT TAMARA E
s5OWELIAS ST
MERIDL{N, ID 83642-0000
GRAYMICHELLE & GRAY RICHARD
696WELIAS ST
MERIDIAN, ID 83642-0000
HERMAN-TREASURE VALLEY BUSINES S
PARK I LLC
12426\Y EXPLORER DR
BOISE, ID 8-37 r3-0000
BEARCREEKHOAINC
PO BOX 1246
BECKLEY BRIAN M & BECKLEY
I\IMBERLY J
43I WDAVENPORT ST
MERIDIAN, ID 8.3642.8 136
BLAKEMAN CHRISTOPHER J &
BLAKEMANMOLLY J
3s2WDAVENPORT CT
MERIDIAN, ID 83642-0000
BOWDEN PROPERTIES LLC
4OO W OVERI,AND RD
MERIDIAN, ID
BOWDEN PROPERTIES LLC
4OO lV OVERLAND RD
MERI DIAN JD*3,6{T.fiT5-
COBI]RN KELLY
s8TWDAVENPORT ST
MERIDIAN, ID 8.3642-0000
ENSLOW W MICHAEL & ENSLOW LINDA
C
664 W ELTAS ST
MERIDIAN, ID 83642.0000
HOLBROOK REBECCA & HOLBROOK
MARK
697 W DAVENPORT ST
MERIDIAN, ID 83642-0000
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BALKOVETZ FRANK R & KUSHLAN
AMANDAL
560 W DAVENPORT ST
MERIDIAN, ID 83642.0000
HARWELLGARRETT
730 W DAVENPORT ST
MERIDIAN. ID 83642.0000
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Exhibit B
plaos will aeed to 6e'
appmved by the appropri,ate irrigation/drairage dishic! or Iateral users association (ditch
owners), with written approval or non-approval submitted to the
public wod$ Deparh€nt prior
to plau approval. Iflateral users association approval can not be obtained, atternari ptans
wiu te
reviewed aud approved by the City Engine€r.
A drainage plan designed by a State of Idabo licensed architect or engineer is required and shall
be subodttedto the city Eaginea (ord. 557, I cl -91) for all off-sr& parking uro". stor- *ut."
teameot and disposal shall be desiped in accordance with Deparmeot of Environmeotal
Quality I 97 publication catalog of storm water Best Manag&eot
practices for Idaho cities
and.
lo-ualiesand City ofMeridian
standards and poticies. Off-site disposal into surfape wat€r is
prohibited rmless the jurisdiction which
bas authoiity over the receiving stneam proriaes written
authorization prior to development plan approul. The applicant is resfonsible ior filing all -
Fr(hibit B
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