Costco H-2018-0066 Addendum to DAADA COUNTY RECORDER Christopher D. Rich 2018-114828
BOISE IDAHO Pgs=36 LISA BATT 12/05/2018 09:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
FA)l
PARTIES: 1. City of Meridian
2. Costco Wholesale, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this. 44" day of K)�� beV" 2018, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Costeo Wholesale Corporation, a
Washington Corporation, C'OWNER/DEVELOPER"), whose address is 999 Lake Drive,
Issaquah, WA 98027,
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on July 25, 2018 in the real property records of
Ada County as Instrument No. 2018-069276 ("DEVELOPMENT AGREEMENT").
B. CITY and OWNERIDEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement
recorded in the records of Ada County as Instrument No. 2018-069276, except as specifically
amended as follows:
5.1 Owner/Developer shall develop the property in accordance with the following
special conditions:
I . Future development of this site shall substantially comply with the conceptual
development plan, preliminary plat, and landscape plan and conceptual building
elevations included in Exhibit A of the Staff Report that is attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit"A"and the
conditions contained herein.
2. Future development shall comply with the design standards listed in UDC 11-3A-
19 and the City of Meridian Architectural Standards Manual.
AIDDENDUMTO DEVELOPMENT AGREEMENT - COSTCO - MDA 1-12018.0066
Page I orb
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
Costcq Wholesale Corporation, a Washington corporation
By: �� kw'v ._
Its: IVP ONZ a*)"ZP1-
CITY OF MERIDIAN
By:
Mayor T y de Weerd
ATTEST:
rSl%
ATEDC., y Coles, ity ClerEAL /
ADDENDUM TO DF.VF.LOPi\4EN'I' AGREEAIEN'I' - COSTCO - MDA H 2018-0066
Page 5 of 6
STATE OF WASHINGTON
: ss
County of King,
On this 0&day of YV00-MAYA( , 2018, before fine, the undersigned, a Notary Public in and
for said St a ersonal l appeared d -V l !M(�4Y1�f/ known or identified tome to be the
v Ulf Costco Wholesale Corporation, a Washington corporation, and acknowledged to
me that they executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed illy official seal the day and year
in this certificate first above written.
Notti Public for �I S I.l,ltirL
Residing at: 0
My Commission Expires: — —
vat,
11
STATE OF IDAHO )
ss
County of Ada
On this 1 day of Z)P-Cg M)0e r' , 2018, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know 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 on behalfofsaid City,
and acknowledged to fine that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set nny hand and affixed illy official seal the day and year
this certificate first above written.
- 0 �1Q WL-np Cha
Notary Public for Idaho
ARLENE WAY 'Residing at: -m0
COMMISSION #67390 Commission expires: S-28 -2,p 2
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
ADDENDUM TO DEVELOI'MEN'I' AGREEII,II:N'I' - COSTCO - MDA 112018-0066
Page 6 of 6
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CITY OF MERIDIAN EFINDINGSOFOFFACT, CONCLUSIONS OF LAW
AND DECISION & ORDER E;
In the Matter of the Request for a Modification to the Development Agreement for Costco
Wholesale to Include Conceptual Building Elevations for the Future Building, by Peter Kahn,
Costco Wholesale.
Case No(s). H-2018-0066
For the City Council Hearing Date of. October 16, 2018 (Findings on November 7, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 16,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 16, 2018, 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 1975," 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 11 Meridian City Code, and all 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration 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 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0066 - I -
Meridian City Council Meeting Agenda November 13, 2018 — Page 26 of 173
EXHIBIT A
Meridian City Council Meeting Agenda December 4, 2018 – Page 202 of 445
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 16, 2018, incorporated by reference. The conditions are concluded to be
reasonable 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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the Development Agreement is hereby approved
per the provisions in the Staff Report for the hearing date of October 16, 2018, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement modification may be requested by the city or a party to the
development agreement or successor owners thereof. Decision on the development agreement
modification is made by the city council in accord with this chapter. When approved, said
development agreement shall be signed by the property owner(s) and returned to the city within
six (6) months of the city council granting the modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 16, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0066 -2-
Meridian
2 -
Meridian City Council Meeting Agenda November 13, 2018 — Page 27 of 173
Meridian City Council Meeting Agenda December 4, 2018 – Page 203 of 445
By action of the City Council at its regular meeting held on the 4h day of I V oyemb er
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
Mayor
VOTED
VOTED
VOTED \
OTEDVVOTED-
VOTED-
VOTED
OTED-
VOTED
VOTED
eerd
Attest:
VOP
o
City or
w
E IDIS IANV--
f `IDAHO
C.J Coles s SEAL`
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0066 - 3 -
COS}CO Meridian City Council Meeting Agenda December 4, 2018 – Page 204 of 445
EXHIBIT A
STAFF REPORT
HEARING DATE: July 24, 2018
Continued fr•oni: July 17, 2018)
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208- 884-5533
SUBJECT: Costco — MDA H-2018-0066
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Peter Kahn, Costco Wholesale, requests an amendment to the development agreement
MDA) provisions for Costco to include conceptual building elevations for the future structure. See Section
LYAnalysis for• more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
The Meridian City Council heard this item on July 17 and 24and October 16.2018. At the public
hearing. the Council approved the subject MDA request.
Summary of City Council Public Hearing:
h In favor: Peter Kahn Costco; Steve Bullock MG2; Charlie Ekblad;
fl In oppositjon• Jane Albert Rick Burke. Michael Battaglia, Denise LaFever, Jerry Stevenson
RL Commenting: Jori Swanson„ Mar Schindler
jy Written testimony• jL9-bn McMurdie, John Wright, Emily Piscione, Jane Albert. Tom
alljson, Dinah Gallo
h Staff presenting application: Sonya Allen
yia Other staff commenting on atinljcation: None
b, Key ksue(s) of Public Testimony-:
L Neighbors not in favor of the nronosgd design of the Costco building — would like design
elements and colors consistent with residential character of the area;
iia Concern pertaining to lighting on the site and its effect on adjacent residential nronerties
across N Ten Mile Rd
Key Issues of Discussion by Councjl:
L Nejghborhood involvement in the design of the future Costco buildjng:
iL Kudos to Costco on working with the neighbors on the design of the proposed Costco
Key- Council Changes to Staff Recommendation
L Council annroved the revised elevations shown at the hearing on October 16".
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066 as
presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2018-0066 as presented during
the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.)
Costco -MDA H-2018-0066
Meridian City Council Meeting Agenda November 13, 2018 — Page 29 of 173
Meridian City Council Meeting Agenda December 4, 2018 – Page 205 of 445
Continuance
I move to continue File Number H-2018-0066 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located off the southwest corner ofN. Ten Mile Road and W. Chinden Blvd./SH 20/26, in
the northeast 'A of Section 27, Township 4N., Range 1 W.
B. Owners:
GFI — Meridian Investments II, LLC
74 East 500 South, Ste. 200
Bountiful, UT 84010
Brighton Investments, LLC
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
C. Applicant:
Costco Wholesale
999 Lake Dr.
Issaquah, WA 98027
D. Representative:
Steve Bullock, MG2
11012 d Ave.
Seattle, WA 98101
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 29, 2018
C. Radius notices mailed to properties within 300 feet on: June 22, 2018
D. Applicant posted notice on site by: July 13, 2018
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single family homes, zoned RUT in Ada County and R-4
West: Vacant/undeveloped land, zoned R-15
South: Vacant/undeveloped land, zoned C -G & R-40
East: Vacant/undeveloped land, zoned C -G
C. History of Previous Actions: The subject property was recently annexed into the City as part of the Lost
Rapids project (H-2018-0004, Ordinance #18-1777). A development agreement was required as a
Costco -MDA H-2018-0066
Meridian City Council Meeting Agenda November 13, 2018 — Page 30 of 173
Meridian City Council Meeting Agenda December 4, 2018 – Page 206 of 445
provision of annexation but has not yet been approved by City Council and recorded.
VII. ANALYSIS
The applicant requests an amendment to the development agreement (DA) provisions for the Costco
project to remove the requirement for conceptual building elevations to be submitted in the future for
the Costco store and addition of a requirement for future development to substantially comply with the
conceptual elevations submitted with this application included in Exhibit A.2.
The conceptual elevations submitted with the annexation and zoning application were not approved by
City Council. A provision of the development agreement (DA) requires the agreement to be amended to
include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018.
The Applicant submitted several conceptual designs to the Mayor and City Council for review prior to
submittal of this application. Based on comments received from the Mayor and City Council in regard
to the building design (included in the application), the Applicant submitted the proposed concept
elevations depicted in Exhibit A.2. Building materials are proposed to consist of split face CMU,
stucco, ribbed metal paneling, steel trellis awnings, and glass entry and sectional doors; various colors
of materials are used for interest and variety.
The applicant is required to submit a Design Review application for final approval of the building
elevations prior to submittal of a building permit to ensure compliance with the standards listed in the
Architectural Standards Manual. If any of the standards cannot be met, a request for a design standard
exception should be submitted as set forth in the ASM (pgs. A-4, A-5).
Staff recommends approval of the applicant's requested modification to the DA as proposed with the
concept elevations in Exhibit A.2 and staff s recommended changes to the provisions in Exhibit A.3.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Conceptual Building Elevations (REVISED)
3. Staff Recommended Changes to the Development Agreement
Costco -MDA H-2018-0066
Meridian City Council Meeting Agenda November 13, 2018 — Page 31 of 173
Meridian City Council Meeting Agenda December 4, 2018 – Page 207 of 445
Exhibit A.1: Vicinity/Zoning Map
Costco -MDA H-2018- 0066
Meridian City Council Meeting Agenda November 13, 2018 — Page 32 of 173
Meridian City Council Meeting Agenda December 4, 2018 – Page 208 of 445
Exhibit A.2: Conceptual Building Elevations (REVISED)
STUCCO rmui PANEL CORNICE-
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ONORTH ELEVATION GV_IURE[
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Exhibit A.3: Staff Recommended Changes to the Development Agreement
1. Future development of this site shall substantially comply with the conceptual development plan,
preliminary plat and landscape plan and conceptual building elevations included in Exhibit A and the
conditions contained herein.
2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of
Meridian Architectural Standards Manual.
3. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are
allowed to be issued on the subject property prior to recordation of the subdivision plat.
4. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be
approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the
boundary of the preliminary plat.
5. The street buffer landscaping and 10 -foot wide multi -use pathway/sidewalk along the entire frontage of US
20-26/Chinden Blvd. and street buffer landscaping and 5 -foot wide sidewalk along the entire frontage of N.
Ten Mile Road shall be constructed with the first phase of development.
6. Business hours of operation in the C -G zoning district are limited from 6:00 am to 11:00 pm when the
property abuts a residential use or district; extended hours of operation may be requested through a
conditional use permit as set forth in UDC 11 -2B -3A.4.
7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the
commercial portion of the development to the residential uses as set forth in UDC Table 11-213-3 in accord
with the standards listed in UDC 11 -3B -9C.
8. As committed to by the Applicant/Developer in response to neighborhood concerns, the following
restrictions shall apply:
a. The primary service access for Costco delivery trucks and other local vendors shall be from the
driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The
driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road,
may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the
development shall notify their delivery providers of this access preference.
b. A "no thru truck traffic" sign shall be installed between the N. Tree Farm Way intersection and the W.
Lost Rapids Dr. service driveway access.
c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am.
d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 1I -
3A -11 C.
e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes
within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes
consistent with that shown in Exhibit A.8.
9. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements
shall be completed: SH 2O -26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection
upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes fiom Chinden
to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr.
10. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building,
assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 2O -26/W.
Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH -16 (1.44 miles).
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