MDA-13-009 WALMART OVERLAND STODDARD3. DEFINITIONS: For all 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 of the presentation ofthe same requires otherwise:
CITY: means and refers to the City of Meridian, a pary to this
Agteement, which is a municipal Corporation and govemment
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to James Prather, whose
address is 707 W. United Heritage Parkway, Suite 150, Meridian,
Idaho 83642 the party that owns and is developing said Property and
shail include any subsequenr owner(s) or developds) 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 be 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 BYTIIIS AGREEMENT:
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 complitnce with the submitted conceptual development
plan and the pertinent prot'isinns of the City of Meridian
Comprehensive Plan are applicable to this AZ 07-009 application
No change in the uses specified in this Agreement shal1 be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUB.IE,CT
PROPERTY:
5.1 . OwnerDeveloper shall develop the Property in accordaace with the
following special conditions:
UEENLAND ACRES
4
4.2
DEVELOPMENT AGRE 07-009
PACE 3 OF 12
3.1
l. r',
All futrue 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, fi.rmes,
glare or odors.
2.vAil future development of the subject property shall comply with
Crty of Meridian ordinances in effect at the time of development.
3.{he applicant shall be responsible for all costs associated with
sewer and water service installation.
4. Prior to of a Certificate of Zontng Compliance for the
first on this site, provide City Statr with a copy of a
document(s) granting vehicular cross-access and cross-
between the properties on this site; and granting cross-
to the adjacent development to the east (-owe's).
5 The public stub steet (Alaska Street) in Bear Creek Subdivision
t/
along the south properfy boundary shali 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
'-the concept plan unless toifrom otherwise the site restricted/are limited approved to those by shown ACHD. on
7. The drive legs off the intemal fulI access points to/from
Vwest Over plan so and that to/vehicles from Stoddard pulling out Road, of the to parking the north spaces and are
of retail building, shall be constructed as shown on the
backing out into the drive aisles.
building pad proposed at the comer of Stoddard & Overland
situated so that parking is evenly dispersed around the
and sides ofthe building as shown on the conceptplan
closer to Overland Road, similar to the structures
the northeast portion of the site.
.?N$"jno building pads
shown onthe conceptplan atthe northeast
^or
" 9Dftr
of the site should have no-parking stalls between the
v'Xb rbuildihgs and Overland Road.
V
Prior to issuance first Certificate of Occupancy, construct a
multi-use from the sidewalk on the stub street at the
south
at the
(Alaska Street) across the site, outto the sidewalk
signal on Overland Road. In the alternative the
shall depict the multi-use pathway on the CZC
necessary for second building site to be developed on
DEVELOPMEI.{T AGREEMENT (AZ 07-009) QLIEENLAND ACRES
PAGE 4 OF 12
10.
-d'
.ntrg
r
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 with UDC 1 1-3A-8 and in conjrmction with the parks
Department's standards. Additionally, whete 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.
I L The applicant shall be responsible to obtain a Certificate of
9/ Zoning Compliance ICZC) permit
and administative design
review in accordance with the standards listed in LIDC I 1-3A-19,
prior to all new construction on the subject property.
Q\IOTE:
The intemal building shall not be subject to the 8-foot pedestrian
walkway requirement to the perimeter sidewalk. )
t2. lopment o site plan shall be generally consistent with
concepfual lding elevations (photos) and site attached as
E birAo staffreport. Additionally, the rear elevation of
the I ding proposed along the southern boundary shall
f
s
have
hdiv
tal banding and,/or include a variety of materials.
buildings within this development shall be limited to
15 ver under the sizes shown on the concept plan except for
tsquare pad which shall not exceed 170,000
,y/. Construct a25-foot
wide landscape buffer along Overland Road
l5f r/Road rn in onstruct accordance accordance a 2O-with with foot the the wide standards standards landscape in in llDC LIDC buffer 1 I along l l_-3B-3B-7. 7. Stoddard
16. A 60-foot wide separation is required between the residentiai lots
.,/ along the southern 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 additionai buffer at the rear ofthe buildings, with an
ailowance for access to loading areas for the smaller retail
DE\GLOPMENT AGREEMENT (AZ O?-OO9) QUEENLAND ACRES
, and the minimum number of buildings allowed on the site
hall no less four and no more than six.
The follo g uses shall be prohibited along the southern portion
this , south of the northemmost full access &ive to/from
S Road shown on the concept plan: fuel sales facility;
material, garden equipment & supplies; and vehicle
lities.
PAGE 5 OF 12
I
-:Ia t'
t
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 staffrepon. Landscape buffers shall be designed and
constructed in accordance with IIDC 11-38-9,
Replace existing fence, with the property owner's consent,
southem boundary of the site with a 6-foot tall concrete
assist in providing a buffer to the residents in Bear Creek
11
in addition to the landscaping requirements listed in
-9C a&b.
18. The applicant shall comply with all landscaping standards
described in UDC 1 1-3B, including but not limited to LIDC 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 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 Agreement and
the commitments contained herein shall be terminated, and the zontng designation reversed,
upon a default ofthe OwnerlDeveloper or Owners'/Developers' heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Properff'of
this agreement within two years of the date this Agreement is efflective, and after the City has
complied with the notice and hearing procedure s as outlined in Idaho Code $
67-6509,0r any
subsequent amendments or recodifi cations thereo f.
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:
7.1 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 failwe within six (6) months of such notice.
8. INSPECTION: OwnerlDeveloper shall, irnmediately upon completion of
any portion or the entirety of said development of the Properly as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
DEVELOPMENT AGREEMENT (AZ O7 -OO9)
QUEENLAND ACRES
PAGE 5 OF 12
Section5(pageg4&5)
USES PERMITTED BY THIS AGREEMENT;
-/
The two building pads shown on the concept plan at the Dortheast corner of the site
should ha*e--no &_parking stalls between the buildings and Overland Road
consistent with the desigr standrr{s contained in UDC 11 .19 and the Citv of
Meridian Desim Mslual.
12. eQonstucr a multi-use parhway
from the sidewalk on the stub strcet at the south boundary (Alaska Stre€t) across the
site, out to the sidewalk at the trafEc sigral on Overland Road. Ia*o-AJtenradr,aths
pterr FSer fh.4 ee tafge ^ed Sald oatlwav
mav be coustructed in two ohases witl developnent ofoarcels Nos, I & 3 as shown
on Record of Survev recorded on November 25. 2009. as Instnrment No.
109132.349. records of Ada Countv. Idaho. (attached hereto as Exhibit A) and
shall Thegethtxeycust be constructed prior to occupancy of thar the buildinrs on each
ol the aforementloned oarcels.{he applicant shall design and construct the multiuse
pathway in accordance with UDC 11-3A-8 and in conjunction with the parks
Departnent's standards. except that the pathwav is dlowd
instead 10 feet ,ddditionally, where the pathway crosses drive aisles, the pathway
shall be distinguished from the driving surfaces through the use of pavers, colored or
scored coucrete, or bricks (not paint). Any changes to these requirements car be done
pursuant to Article 14 of this Agreement.
13. Development of this site plan shall be generally consistent with the conceptual building
elevations (photos) and Conceohal Develooment PIan (attac.hed
ss Exhibit B). site
Additionally, the rear elevation of the
building proposed along the southern boundary shall have horizontal banding
and/or include a variety of materials. With the excerrtion ofParcel Noc. I and 2- rs
shown on the Record of Survev recorded Novenber 25. 2lXD. as Instrumed No.
109132349. records of Ada Countv. Idaho. Iindividual buildings wirhirl
rhis
development shall !s limited 1e 15% over or under the sizes
which shall not exceed 170,000 square feeq and the-
of buildings allowed on the site shall no less than four and
than not
constructrd on Parcel Nos. I and 2 fronting on Overlard Road.
17. Replace the existing fence, with the property owner's consent, along the southern
boundary of the site with ag 6!-foot tall eeneete-rva* white yinvl fence to assist in
j providing a buffer to the residents in Bear Creek Subdivision in addition to the
.-,/ landscaping requirements listed in UDC I 1-3B-9C a & b.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ACRFJ) PAGE 2 OF t
Section 6 (page 6)
COMPLIANCE PERIOD/CONSENT TO RMONE: Tl*s r\ger-eat and t&e eenudrents
r uPen o d€f-''tt ef
the Owner/Deyele-er er ewrere'/Deveroper-' heire; sueees^ers; assign-; te eeErply with
gr€ €iry ha6
eede g 6? 65€9; €r
Either party's feilure to feithfullv
comolv qdth all of the terms atrd conditions included in this Ase€ment shall conrfitutc
default under this Ascernent
In the event of Owner/Developer's default of this Aseernent Owner/Develooer shall
have thirtv (30) davs, from receiot of writtcn notice fmm Citv to initiate
commencement of action to correct the breach atrd cure tle defaulL which action must
be prosecuted wittr dilieence ard comnteted \rithin on hundred eishtv
6E0) &vsl
orovided. however. that in the case of anv such default that cannot with diligence be
cured within such one hundred eishtv (1E0) dav period.
then the time allowed to cure
such failure mav be extended for such oeriod as mav be neccssarv to comolete the
curing of the same with dilieence srd condnuity.
In the event of default bv owner/Develooer that is not cured after notie as described
in the orior parasaoh. Owner/Develooer shall be deemed to have
consented to
modification of this Asremept and de-annexation atrd reversal of the zonlng
desienatiorc described herein. solelv asainst the offendine porfion of
prooertv and
uoon Citv's comoliance with all aoplicable laws. ordinances and rules. includlns anv
aoolicable orovisioru of rdalro co&. . 67{509 and 67{511. owner/Develooer rcserves
all riehts to contest whether a default has occurred. This Asreement shatl bi
enforceable in the Fourth Judicial Illstrict Court in Ada Countv bv either Citv or
Owner/Developer. or bv anv successor or successors in tide or bv the assigns of thi
oarties hercto. Enforcement mav be sought bv alr aporooriate action at law or in
equity to secure the stoeciffc performance of the covenant& agre€me
s. conditiom. and
oblieations contained herein.
In tle event lhe nerformance of anv covenants to be oerformed hereunder bv either
Owner or Citv is delaved for causes that are bevond the reasonable conbol of the
partv resoonsible for such performance. which shall
include without limitation actE
of civil disobedience. strikes or simllar causes. the time for such performance shall be
extended bv the amount of time of such delav.
A waiver bv Citv of snv def,ault of Owner of anv onc or more of the covenatrts or
conditions hereof shall aorlv solelv to tle default and defaults waived and shall
neither bar anv other rights or remedies of Citv nor aoplv to apv zubseouent default of
anv zuch or otter covenants and condltions.
FIRST AMENDMENTTO DEVELOPMENT AGREEMENT (MDA O9-OO4
QUEENSLAND ACRES) PAGE 3 OF 8
Section 14 (page E)
CERTIFICATE OF OCCUPANCY: The Owner@eveloper agrees that no Certificates of
Occupancy will be issued &@a@!![ig5!EjI.aggg! uutil all improvements @br
rcouired under this Agreement re have been installed. completed;udess+he€$+nd
E eveteper/eiynef be,r en*od lft
and accepted by the City. The Owner/Develooer mav develop each parcel or buildine
site as a Beoarate ohase or in ohas$. Inprovements shall include the multi-use
pathwsv referred to itr Section 5 (#10).
2. 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/Developer, or their assigns, heirs, or
sucaessor shall not meet the conditions of this Amendment aod the Ordinances of the City of
Meridian as herein provided.
3. This Amendmeat shall be binding upon atrd insure to the benefit of the parties'
respective heirs, successors, assigns and personal represetrtatives, including City's corporate
authorities and their successors in office. This Amendment shall be binding on the
Owner/Developer of the Property, each subsequent owner and aly other person(s) acquiring an
intercst itr the Property. l{6thing lrerein shall in any way prevent sale or alienation of the
Property, or porrtions thereof, except that any sale or alienation shall be subject to the povisions
hereon and any successor owner or ow[ers shall be both belefited and bound by the conditions
and restrictions herein expressed City agrees, upon wriBen request of Owner/Developer, to
execute appropriate and recordable evidence oftermination ofthis amendment if City, in its sole
and rpasonable discretion, had deteroined thar Owner/Developer has firlly perfomed its
obligations under this amendmenl
4. If my provision of this Amendment is held not valid by a court of competent
jurisdictioa such provision shall be deemed to be excised from this Amendment and the
i.nvalidity thereof shall not affect any of the other proyisions contained herein.
5. This Amendrnent sets forth all promises, inducements, agreeneDts, condition, and
understandings betwe€n Owner/Developer and City relative to the subject matter herein and
therr are no promises, agreements, conditions or under-standing, either oral or written, express
or implie4 betreen Owne.r/ Developer and City, other ttan as ar€ stated herein. Except as
herein otherwise provided, no zubsequent alieration, amendment, changc or addition to this
Amendment shall be binding upon the parties hereto unless reduced to writing and signed by
the,m or their successors in interest or their assigns, and punuang with respect to City, to a duly
adopted ordinance or resolution of City,
a Except as herein provided no condition governing the uses aod/or cooditions
governing developrnent of the subject hoperty herein provided for can be
modifred or amended within ftg apprcval of the City Council after the City
has s6ndugleal public hearing(s) in accordance with the notice provisions
FIRST AMEN'DMENT TO DEVELOPMENT AGREEMENT O,IDA O9.OG
QUEENSLAND ACRES) PACE 4 OF 8
Changes to Agenda: None
Item #8A: Wal-Mart (MDA-13-009)
Application(s):
Size of property, existing zoning, and location: This site consists of 16.66 acres of land, is currently zoned C-G,
and is located on the southeast corner of W. Overland Road and S. Stoddard Road.
Summary of Request: The applicant requests a modification to the change the type of fencing material along
the southern boundary of the site adjacent to the residential lots in Bear Creek Subdivision from an $-.faot tall vinyl to
an S{oot tall pre-cast concrete fence. The fence is proposed to be constructed as close as pr&&ft*#&o
the existing
Bear Creek subdivision fence.
The applicant also requests a temporary Certificate of Occupancy be issued prior to the fence being installed
because of time constraints involved in ordering and constructing the concrete fence.
Written Testimony: Ron Sumner (requests the lrlDA be denied unless Wal-Mart agrees to remove the existing vinyl
fence & replace it with the pre-cast concrete fence and join all
existing residential properly dividing fences with the
new fence)
Outstanding lssue(s) for City Gouncil:
i. The applicant requests a fee waiver in accord with UDC 1 1-54-78 for application fees for the subject DA
modification & subsequent modifications to the Certificate of Zoning Compliance & Design Review applications
(a total of $848.00).
Staff Recommendation : Approval
Notes: l,lodnn $atler
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