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Application
~/rE IDIZ IAN-- • IDAHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: August 16, 2011 Transmittal Date: July 20, 2011 File No.: MDA 11-005 Hearing Date: August 23, 2011 Request: Public Hearing -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 for Walmart -Overland /Stoddard By: Walmart Real Estate Business Trust Location of Property or Project: SEC of W. Overland Road and S. Stoddard Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP> Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (n,o vaR, vac, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works /Scott Steckline City Planner City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: Meridian School District (No FP> Meridian Post Office (FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) QW2St (FP/PP/SHP only) Intermountain Gas (FP/PP/sHP only> Idaho Transportation Dept. (IVo FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org ~~ E IDIAN; -- • Planning Department COMMISSION & COUNCIL REVIEW APICATION ~.~. ~A ~~~ r Type of Review Requested (check all that apply) ~ ~~ ~, ^ Alternative Compliance ~- ~ ti^" - ,,, ~ ' -~ ^ Annexation and Zoning ^,.,, ' ~ ,~~ ~ ^ Comprehensive Plan Map Amendment c :~ ` ". ^ Comprehensive Plan Text Amendment STAFF USE ONLY: ~ Conditional Use Permit ^ Conditional Use Permit Modification File number(s): ~ ;~' - ~ ~ - ~~ ^ Design Review r ^ Final Plat l Pl M i ^ Project name: ~a 1 ~ ~ ~~ r+nalr~ -C?tl "txt~ at Fina odificat on ^ Planned Unit Development Date filed: `1-13~ l1 Date complete: Z' t~' l1 ^ Preliminary Plat Assigned Planner: Snnv _tA;~,a~tx'.5 ^ Private Street ~ ^ Rezone Related files: ~~' o1-c~a°L ~ M1~A-C+°t- ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date. ~ ;w ~~~~~Commission Council ^ Vacation (Council) - ^ Variance ^~ Other DA Modification Applicant Information Applicant name: Walmart Real Estate Business Trust Phone: 479-273-4505 Applicant address: 2001 S. E. 10th Street, Bentonville, AR Zip: 72712-6489 Applicant's interest in property: ^ Own ^ Rent ^~ Optioned ^ Other Owner name: Idaho Banking Company Phone: Owner address: 7661 W. Riverside Dr. #201, Boise, ID Zip: 83714 Agent name (e.g., chitec)t, engineer, developer, representative): (see list of representatives attached) Firm name: J /~':~1/tf /'1 ~ ~ ~1 /,~~l.d~ Phone: Address: ~ > > ` ~ ~l /2t GU / ~ ~ , 7 Zip: ll~'1'~~.c~-~ lc.J~ ~l~.Id / Primary contact is: ^ Applicant ^ Owner ^~ Ag nt ^ Other Contact name: Nick Taylor - PACLAND Olympia Phone: 360-786-9500 E-mail: ntaylor@pacland.com Fax: 360-786-5267 Subject Property Information Location street address: SEC Overland and Stoddard Road, Meridian, Idaho Assessor's parcel number(s): 87288000084, 51224120900, 51224120950, 87288000014, 51224120840 Township, range, section: 3N 1W & LOTS 4-9 & 11-12 Total acreage: 19.75 Current land use: Vacant Current zoning district: C-G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 • Project Description Projectlsubdivision name: Walmart-Overland and Stoddard General description of proposed project/request: Development Agreement Modification and Conditional Use Permit for Drive-Through Pharmacy Proposed zoning district(s): General Retail and Service Commercial Zone Acres of each zone proposed: 19.75 Acres Type of use proposed (check all that apply): ^ Residential ^~ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: City of Meridian Water Secondary: N/A Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 112,500 SF Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^single-family ^ Townhomes ^ Duplexes ^Multrfamily Non-residential Project Summary (if applicable) Number of building lots: 4 Other lots: N/A Gross floor area proposed: 167,653* Existing (if applicable): N/A Hours of operation (days and hours): Sun-Sat 24 hours Building height: 31'-4" Percentage of site/project devoted to the following: Landscaping: 13%* Building: 19.5%* Paving: 67.5%* Total number of employees: 275** Maximum number of employees at any one time: 175** Number and ages of students/children (if applicable): N/A Seating capacity: N/A Total number of parking spaces provided: 662** *Includes assumptions for proposed outl s. ** Authorization Print applicant name: Applicant signature: _ 2 or more Bedrooms: _ Number of compact spaces provided: 8** not include proposed outlots. Date: / " b 3 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (20 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 • • Conditional Use Permit and Development Agreement Modification Narrative Background WALMART REAL ESTATE BUSINESS TRUST ("Walmart" or the "Applicant") is the contract-purchaser of approximately 20 acres located at the southeast corner of Stoddard and Overland Roads in Meridian, Idaho (the "Property").' The legal description for the Property is attached to the Conditional Use Permit Application Checklist. In 2007, the City of Meridian ("City") annexed approximately 22.67 acres, including the Property, and rezoned the Property from R1 (Ada County Residential) to C-G (Meridian General Retail and Commercial Service District} z with a Development Agreement.3 In 2009, the previous owner of the Property and the City modified, or amended, the 2007 Development Agreement. a Copies of the original 2007 Development Agreement and the First Amendment are attached to the Development Agreement Modification Application Checklist. The purpose of the commercial districts in Meridian is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plans The general retail and service commercial district allows for the largest scale and broadest mix of retail, office, service, and light industrial uses located in close proximity and/or access to interstate or arterial intersections.s This Applicant is making application for: (1) a Modification to the Development Agreement; and (2) a Conditional Use Permit for adrive-through pharmacy. Applications, Forms 8~ Fees The required application forms, with the applicable fee payment, are provided with these applications as follows: Development Agreement Modification $502.00 Conditional Use Permit 1,369.00 Total $1,871.00 Pre-Application On May 18, 2011, apre-application meeting was held with City Staff. See the Development Agreement Modification and Conditional Use Permit Application Checklists for a copy of the pre-application meeting notes and sign-in sheet. On June 14, 2011, a neighborhood meeting was held in a meeting room at Meridian City Hall. Notice of the neighborhood meeting was provided by mail to all property owners of ' A portion of the Property is depicted in the plat for Queenland Acres Subdivision, recorded at pages 1747-1748 in book 28, as Instrument No. 728800; Record of Survey No. 5452, recorded as Instrument No. 101067359; Property Boundary Adjustment, Record of Survey No. 8532, recorded as Instrument No. 109031949; Property Boundary Adjustment, Record of Survey No. 8685, recorded as Instrument No. 109131925; and Amended Property Boundary Adjustment Survey No. 8687, recorded as Instrument No. 109132349. z See Meridian City file No. AZ 07-009, Findings of Fact, Conclusions of Law and Decision & Order signed September 4, 2007. s See Development Agreement dated September 17, 2007, and recorded on September 20, 2007 as Instrument No 107131597. a See Meridian City File No. MDA 09-004. This modification was approved by the Meridian City Council, January 12, 2010. s See Meridian's UDC § 11-26-1. s See Table 11-26-1 • • record within 300' of the exterior boundary of the Property and the Bear Creek Subdivision Owners' Association. See the Development Agreement Modification and Conditional Use Permit Application Checklists for the meeting invitation, mailing list of invitees, sign-in sheet and comments provided by some of the meeting attendees. Several attendees offered an historical context regarding previous approvals for the Property and the Lowe's store immediately to the East. Some attendees voiced general opposition to the allowed use while far fewer questioned the conditional use. Several other attendees provided specific comments on the site plan and design, which were very helpful in compiling this application. In those instances reference is made below where the Applicant has been able to address those specific comments. Conditional Use Permit Walmart's proposed retail store is an allowed use in the C-G zone. The allowed use will undergo administrative design review (including review of the landscape plan), a property boundary adjustment and application for a certificate of zoning compliance, at a later date. At present, application is being made for a conditional use permit for the drive-through pharmacy and modification of the existing Development Agreement. Adrive-through pharmacy would typically be considered an accessory use to the allowed retail store. However, a conditional use permit is required under Meridian's UDC because the location of the drive- throughwould be within 300' of a residential district.' The Applicant respectfully requests that the Planning Director make a positive recommendation for conditional use permit approval to the Planning and Zoning Commission. Stacking Lanes As required by Meridian UDC, the drive-through pharmacy design identifies both the stacking lane and speaker location, both of which are depicted on the site plan. The site plan demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties and compliance with the following standards: 1. The stacking lane, at a length of approximately 280 feet from the public right-of-way, has sufficient capacity to prevent obstruction of the public right of way by patrons. 2. The stacking lane is separate from the circulation lanes needed for access and parking. 3. Meridian UDC does not permit the stacking lane to be located within 10 feet of the existing residential district to the south. In fact, the stacking lane is located approximately 65 feet from the existing residential area. 4. Meridian UDC requires an escape lane for all stacking lanes longer than 100 feet. This pharmacy drive-through includes two lanes: the right lane is a pass through lane, while the left lane provides access to two windows. The right lane will remain open for exiting vehicles. Although there is a median to separate the drive-through facilities from drive aisle and parking areas, escape from the stacking lane will not be hindered. Fencing Meridian's UDC requires that asix-foot (6') sight obscuring fence must be provided because the stacking lane adjoins the existing residential district to the south. An existing, white vinyl fence currently straddles the Property and the existing residential area. This fence is six feet in height. An existing condition of approval contained in the Development Agreement reads as follows: ~ See Meridian's UDC § 11-4-3-11. • 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 11-36- 9C[1]a and b. Opinions of the neighbors vary widely regarding this fence: one person believes that an eight-foot fence would not perform well because of its height; another neighbor (in written comments), states 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 will be impossible to please everyone with one solution. If the City decides an eight-foot fence is required, an eight-foot white vinyl fence would be placed on the Applicant's Property immediately adjacent to the existing fence. As currently planned, the site will feature screen walls surrounding the three road-facing sides of the proposed bale and pallet storage and organics recycling areas as well as the truck docks, truck parking areas, and compactor. Empty pallets, recycled cardboard, and trash bins will be stored inside these screened areas with no planned refuse storage outside of the screened areas. In combination with the required 20' landscaped buffer, which will be planted in accordance with the City's Unified Development Code, the proposed screen walls will provide a significant visual buffer between the store and Stoddard Road. Landscape The Applicant will meet all of the landscape requirements of Meridian's Unified Development Code, including 11-36-9C.1.a. and b., which requires the buffer area to be comprised of a mix of evergreen and deciduous trees (for barrier effectiveness, trees will be planted such that the trees touch at the time of the tree maturity), shrubs, lawn, or other vegetative ground cover. Berms may also be incorporated. Like the City, Walmart recognizes that landscaped areas improve the livability of mixed use neighborhoods, enhance the appearance and customer appreciation of commercial areas, increase property values, improve the compatibility of adjacent uses, screen undesirable views, and can reduce air and noise pollution. The landscape design promotes, as intended by Meridian's UDC, the use of native and low water use plant materials and discourages landscaping that requires high water use for maintenance, such as large expanses of lawn. The landscape design strives to achieve an attractive commercial component to complement the existing residential, recreational and employment uses found nearby. In preparing the landscape design, the landscape architects will consult the "Tree Selection Guide For Streets and Landscapes Throughout Idaho" adopted by the City. The tree and plant sizes and varieties shown on the landscape plan will be consistent with the Guide as well as the specific requirements in Meridian's UDC. Landscape areas will be covered at least 70 percent with vegetation at maturity, with City-approved mulch used under and around plantings. Mulch will be contained by a curb or other edging material to prevent the mulch from migrating to adjacent surfaces. All landscape areas that border vehicle use areas will be protected. Berm slopes will not exceed 2:1 (horizontal:vertical). Landscape areas will be served with an automatic underground irrigation system designed to provide 100 percent coverage with head to head spacing or triangular spacing as appropriate, and designed in all respects to comply with Meridian's Unified Development Code. Conditional Use Criteria As designed, the City can make the factual findings that the proposed drive-through pharmacy meets Meridian's conditional use requirements: • • 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. At almost 20 acres, the site is large enough to accommodate the proposed conditional use, which is located at the southwest area of the Property. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Property has been zoned in accord with Meridian's Comprehensive Plan to allow a drive- through pharmacy as a conditional use. All of the requirements of Meridian's UDC will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The design of the drive-through pharmacy, and its operation, will be compatible with the existing and intended character of the vicinity. The conditional use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Compliance with conditions of approval ensures that other property will not be adversely affected. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The requirement that these essential public facilities will be available for the conditional use is typically addressed for much larger conditional uses. For example, public facilities such as schools and parks are not applicable to this drive-through pharmacy. Still, the remaining public facilities (highways, streets, police and fire protection, refuse disposal) are available to the larger allowed, retail use and will be available for the drive-through pharmacy. Public facilities such as drainage structures (if necessary), and water and sewer will be developed by the Applicant to serve the larger, allowed retail use, and these facilities will be available for the drive-through pharmacy. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. As mentioned in number 5 immediately above, public facilities that are not developed by the Applicant on the Property will be available to the Property and to the drive-through pharmacy. Development impact fees in connection with various public services are required to be paid by the Applicant to both the City of Meridian and Ada County Highway District. There will be no detriment to the economic welfare of the community. 7. That the proposed use will not involve activities or 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. The drive-through pharmacy will be located approximately 100 feet from the nearest residence. The estimated average number of cars travelling to the pharmacy is 72 per day. Meridian's UDC • i (11-3A-13) requires that any outdoor speaker system must be located a minimum of 100 feet from a residential district. The speaker for the pharmacy drive-through is proposed to be located approximately 82 feet from the nearest residential district, hence the need for this conditional use permit application. Sound generated by the speaker at this location is anticipated to be negligible at the Property's south boundary. Neighbors expressed concern regarding the Meridian Road freeway overpass, and safety related traffic issues on Stoddard, Calderwood, Overland and Meridian roads. Suggestions offered for consideration include a pedestrian sky bridge to the water park, pedestrian safety crossings, additional width to lanes to accommodate traffic flow, traffic signals and pedestrian crossings on all streets. With regard to traffic, the Applicant has worked with Ada County Highway District to complete the scoping review to identify the scope of the traffic impact study to be completed by the Applicant for ACRD. The result of that traffic impact study should be available to ACHD to review concurrently with this application as transmitted to ACHD by Meridian. As the City knows, ACHD generally holds a hearing on an application such as this prior to the City's hearing. Hence, the City will consider ACHD's recommendations in connection with the City's review of the conditional use permit request. Concerns regarding noise and lighting were voiced by some neighbors. As will be demonstrated during design review, architects for the Applicant have designed roof structures for the mitigation of noise from HVAC and associated equipment. Landscaping, including berms, vegetation and trees are also used for noise mitigation and absorption. The Applicant will ensure that any noise from the pharmacy speaker system is attenuated at the property line to an acceptable level. The business hours of operation for the pharmacy drive-through are proposed to be limited to from nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M. Monday through Friday; nine o'clock (9:00) A. M. to seven o'clock (7:00) P.M. Saturday; and ten o'clock (10:00) A.M. to six o'clock (6:00) P.M. Sundays (closed during a lunch hour on both Saturdays and Sundays). The site lighting system will be designed to meet the City's UDC, which contains requirements for site-specific photometric test reports and limitations on permissible light trespass onto abutting residential properties. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. There is no factual indication that the proposed drive-through pharmacy will result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Development Aareement Modification An application for modification of that certain Development Agreement, recorded on September 20, 2007 as Instrument No. 107131597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, the "Original Development Agreement")is also included with this submittal. Rather than amend the original agreement a second time, an "Amended and Restated Development Agreement" is being proposed to incorporate the entire understanding between the parties into one document. The primary purpose of this revision to the development agreement is to replace Exhibit B, the "Conceptual Development Plan" to reflect the revised orientation of the building from facing north (onto Overland), to facing east. This revision responds to concerns of the Bear Creek Subdivision residents regarding the orientation of the back of the building next to their homes. The conditions have been revised to reflect the revised conceptual development plan. Setbacks and all landscape buffers will remain fully compliant in design and construction with UDC 11-36-9. As was noted in the First Amendment to Development Agreement, an eight-foot vinyl fence is required along the south perimeter of the property to assist in providing a buffer to the residents in Bear Creek • • Subdivision. As already discussed above, since the amendment of the original development agreement it has become apparent that there is no consensus among the neighbors regarding the height of the fence. Hence, this condition has been revised in the Amended and Restated Development Agreement to state that the Applicant will provide an eight-foot tall white vinyl fence along the southern border of the property. Conclusion Pharmacy drive-through facilities have been designed with noise attenuation and traffic circulation issues paramount. A dual lane configuration allows efficient flow of traffic, and quick customer service times. Speaker systems have been designed that respond to noise reduction requirements and HIPAA confidentiality concerns. Landscape berming and vegetation will be used to direct and absorb sound which should satisfy neighborhood concerns regarding excess noise levels at property boundaries. Walmart intends to do everything reasonably possible to be a worthy corporate citizen, and a good neighbor in the area. As was stated by one neighbor, "good fences make good neighbors." Adhering to that truism, the Applicant will work with the city and neighbors to provide abuffer/barrier between the commercial property and the neighborhood that will be both attractive and appropriate. If the City decides that continuation of eight-foot vinyl fencing similar to that now located behind Lowe's is required, then an eight-foot vinyl fence will be placed on the Applicant's Property immediately adjacent to the subdivision's perimeter fencing. Landscape for the site will meet or exceed all of the City's requirements. Trees and vegetation will be selected and placed to achieve several goals, including site attractiveness and utility, improving the compatibility with adjacent uses, and the screening of undesirable noise or views. Grading and drainage, irrigation and landscaping will work together to provide an attractive and useful foundation for the property. In conclusion, it is Walmart's goal to be a good neighbor to residents, and to provide a convenient and pleasant retail component to the existing commercial neighborhood. The need for the addition of commercial retail in this area is documented, and undisputed. Walmart is pleased to present these Applications to fulfill the desire of the City of Meridian to provide commercial opportunities in close proximity to existing residential areas. • .. ~~t r ~ R }- ()Not J11~ i I/ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Idaho Banking Company .7661 W. Riverside Dr. #201 (name) (address) Boise Idaho (city) (state) being first duly sworn~upon; oath, depose.and say: 1. That I am the record o permission to: Spink Butler, LLP BRR Architecture, Inc. Nick Taylor. PACLAND (name) caner of the property described on the attached, and I grant my 251 E. Front Street, Boise, ID 83702; and/or 2400 E. Arizona Biltmore Circle, Ste. 1360, Phoenix, AZ 85016 _~____~, 606 Columbia Street NW. Suite 106.ONmpia. WA 98501 (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the,City of.Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~,~day SUBSCRIBED AND SWORN to before me the day and year • 2011 ~.~ J1 t1(t 1,~ ~ ~°: ~~''~:.... ~ p~tmission Expires: V ~'- ~ ~~ ~''%i ,~'P OF ~...~`~, • • .,,~t f z VICINITY MAP , ~ - _.f. ~ EX-1 MERIDIAN, IDAHO 606 COlumda St. N.W., Suite 106 T (360) 786-9500 Oh/mpia, WA 98501 F (360) 786-5267 SI IY G~ ~, ®,2 ~~, wwa.PxLnno.con i , L WATERTOWER LN J 0 E CORPORATE DR o ~ W WALTMAN ST N WALIMAN LN ~ °~ z E CENTRAL DR VERBENA DR ~ INTERSTATE 84 W OVERLAND RD E OVERLAND RD r 3 ~ PROJECT o LOCATION ~ M N W ~ W DAVENPORT ~ ~ °z o ST ~ ~ g E CALDERWOOD rn DR W KODIAK DR 0 a 0 . _ ._v ._ _..---- f J~1~ ~n ~~.1~C1 V ~5 ~. ~~'~ ~c1eC„ ~~tJ G~ :n ~ L~A^ vim' '~`" + ..~ ~~DW~Y Q~,NI~Cf G~Q;1- :,8'Y ' ~ ~~, ` ~ ~. r . . a I~cC~ ~, .. U~ ~~ ~w1;CC~(~cG ~ ~NC'riC~~u1•C.~`k ~~ 7 r naA f~uw t ~. ~. - try ~r ~'` .~ ,~ .. ~ ~~~~ .a ~~ ~ ~ c NI ! q ~~' ~i ~ ~ ~+~K" ~ 4/~ il"-3~a ~d"' Ys N+~ sir i«- ~ ~ , ,~. . t, _ ~~ ~r s~ c o ~ ,~ ., ' ` _ y, 1 r 3 r ~ • • _ ass' 3 ~ ~ f ~ 33 G 8a way ~-q= ~ ~... ~~..ck.~c ~rtid~a~~,,~,, cn F'-as `. ~ . ~" ~.> CITY OF MERIDIAN PRE-APPLICATION MEETIl~iG NOTES ~l~%°~~) ProjectlSubdivision Name: G`u a~~ ~ai~rl ~er~e ~ Date: s-/g ~/ City Staff: ,4„ r a ? l-e ~ a (r c,,,~+ Location: SF_ C o /' ~'/~ ci'rr ~ vu-~- Comprehensive Pian Future Land Use Map Designation: ('6n,.n.r, c . ~ l Size of Property: ~ 2 2 a~fe S Design Guidelines Development Context: U~6a~, /S~ ~~- ~ a~ ~e~ ~ GN ~- Proposed Use: a /s , / Proposed Zoning: ~~ Existing Use:. i ~ r a~ Existing Zoning: G - Surrounding Uses: ~¢S/ dam,. ~~e. l a IoNG SOk ~..•. `„c.,..r~iu~, cE N~it.• a ('oita..•¢-.~c.a / Street Buffer(s) and/or Land Use Buffer(s): 20' 4/~ ~, .~/aJ~la/ • 2S' ~o,.~ Dv~-1~,~ - z.s ~ G~; a~w>fi- ~ r'~s: ~P., ~d / Open Space/Amenities/Pathways: ~' ~~ 4 /~. u ~ ,~ G -f~ ~,,~ ~~ 5 ~~~ ~~' P wf ~ wP S Access/Stub StreetslStreet System: S~`a.n. ,~1~..~ w/ ..u s ~~GQ sr ~„ S~ ~ col Sewer & Water Service' Other AgencieslDepartments to C ntact: Ada County Highway District ~< < ° % ~ ~ ^ Idaho Transportation Department ~~~~ ~ ~~^ ^ Sanitary Services Company ~` `` ^ ^ Central District Health Department ^ Nampa Meridian Irrigation District Settler's Irrigation District Police Department Fire Department Public Works Department Building Department Parks Department ~~ r i'a~~, , Other. / Lo "~t.E: Y C~ . ~ d ~1S' A pllcation(s) Required: Administrative Design Review ~ n 3.t~ Conditional Use Permit Moditication/Transfer ^ Short Plat Alternative Compliance Development Agreement Modification ~`.5'a~ • nQ ^ Time Ex~nsion -Council ^ Annexation Final Plat ^ UDC Text Amendment ^ City Council Review ^ Final Plat Modification ^ Vacation ^ Comprehensive Plan Amendment -Map ^ Planned Unit Development ^ Variance Comprehensive Plan Amendment -Text ^ Preliminary Plat ~- Other C2G ~ ~/S3.oD Conditional Use Permit ~r;;G;j.ob I; ~ ^ Private Street Notes:/ J Applicants are required fo hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affectyour submitfaland/or application. This pre-applcation meeting shall be valid for four (4) moms. • • r d- 1 S v m V ~.y s ti v + ~ ~ ~ ~ ~ • ~ _ ~ 3 `~ [ s CS ~ ~, ~ ~ ~ 5 ,,, ~ 3 1` ~i N ~ _ ~ _ ~ ~ r ~ C'1 o t M p - J` ~ ~ Q ~ I ^ ~ ~ t ~o ~ ~ ~ ~ ~ - ~ ~, _ g U G~ ..L ~ vo ~ ~ \ V ~ ~ ~ A YJ ~ ~ M v ~ ~ ~ cn ~ l `~ V d -~ ~ ., ~ ~ `'~ ~ ~ _ --2 3 ~' ~ 0 a m ~o N „" C ~ .~ ~ ~M a $E e ` ~~ ~ M 3 ~ ~ ~, ~8~ ~ 0 ~~ ~~~ z~ • ~ ~ G ~ _~ y .~ S ~ y ~ ~ ~ - d ~~ - ~ ~ ~ ~ VO ~ '~' ~ J' 1 v ~ ~ ~ , n pp ~p - ~b L ~ ~. ~ S 3 ~ ~' 3 D ~.~ ~ `~ ~ _ ~ ~ ~ M s ~ ~ ~ ,~ ' 3 ~ ~. 3 ~ ~ ~; 3 3 ~,; ~ ~ 9 3 \p ~ ~ ~ ~ ~ ~ 4 a ~ ~ ~~ ~ , ~ ~ -~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ 0 0 a m .~ N o H n ~~pp W M ~ r '1 ~ a 41 Q ~ 1 ~~ ~ ~$ ~ ~ _ 'tea '.~ ~~ '~ 0 i ~~~ ~CC~ za S • ~ • O t ~' ;~ 0 ~ ~ ~ ~ J -A o ~ '~ ~~ e ~ r w (~ V v• .~ D ..~ T ^ (~ _ V ~' 3 3 M ~ M N ~ ~ ~ .. '~" ~ v ~ f •` ~ C V h ~. 0 00 a • • COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (~ days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. •.` ~ /~ as Applicant/agent signature Date • AMENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Walmart Real Estate Business Trust, Owner/Developer THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2011, by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Walmart Real Estate Business Trust ("Owner/Developer"). RECITALS A. On September 17, 2007, the City and James Prather, the original owner/ developer, entered into that certain Development Agreement, recorded on September 20, 2007 as Instrument No. 107131597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, the "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. This Agreement shall supersede the Original Development Agreement. Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect. C. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property. D. I.C. § 67-6511A, 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. E. Owner/Developer'spredecesor in interest submitted an application for annexation and zoning of the Property, requesting a designation of C-G (General Retail and Service Commercial District) under the UDC. DEVELOPMENT AGREEMENT -PAGE 1 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc # ~ F. City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land. G. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subject Property will be developed. H. City Council, the day of , 2011, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement. I. Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. J. 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 of the Property is in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. 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 of the same requires otherwise: 2.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 2.2 OWNER/DEVELOPER: means and refers to Walmart Real Estate Business Trust, whose address is 2001 S.E. 10~' Street, Bentonville, Arkansas 72716, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 2.3 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 attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT -PAGE 2 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc u u 3. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 3.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C-G zone under the UDC. 3.2 A conditional use permit for adrive-through pharmacy as approved by the Meridian Planning & Zoning Commission on , 2011 is recognized as a conditional use on the Property. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 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. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. 3. The Owner/Developershall beresponsible for all costs associated with sewer and water service installation. 4. Prior to issuance of a Certificate of Zoning Compliance for the first building on the Property, Owner/Developer shall provide City Staff with a copy of a recorded document(s) granting 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). The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not beextended as apublic ornon-public street into the Property but shall be used as an emergency access point and pedestrian pathway into the Property. At no time shall construction traffic associated with the development of the Property be allowed to access this Property using Alaska Street. DEVELOPMENT AGREEMENT -PAGE 3 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\l CorrespWpplications\MDA & CUP\#3093 -Amended & Restated Development Agreement ~6-27-11).doc • • 6. Access points to/from 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 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 conceptual development plan so that vehicles pulling out of the parking spaces are not backing out into the drive aisles. 8. Construct amulti-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk at the traffic signal on Overland Road as shown on the conceptual development plan. The Owner/Developer shall design and construct the multi-use pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards, except that the pathway is allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the driving surfaces through the use of colored concrete. Any changes to these requirements can be done pursuant to Article 17 of this Agreement. 9. 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 11-3A-19, prior to all new construction on the Property. (NOTE: The internal building shall not be subj ect to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.) 10. Development of this Property shall be generally consistent with the conceptual development plan (attached as Exhibit B). 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. 11. Construct a 25-foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. 12. Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. 13. 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 11-3B-9. DEVELOPMENT AGREEMENT -PAGE 4 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc • • 14. Along the southern 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- 3B-9C.l.aand b. 15. The Owner/Developer shall comply 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. 16. The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The Owner/Developershall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this Property. 5. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL 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 thirty (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 maybe necessary to complete the curing of the same with diligence and continuity. 5.3 Remedies. In the event of default by Owner/Developerthat isnot 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 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. DEVELOPMENT AGREEMENT -PAGE 5 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc C~ 5.4 Delay. In the event the performance ofany covenant to be performed hereunder by either Owner/Developer orCity isdelayed for causes that 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. 5.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default ofany such or other covenants and conditions. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. 7. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developeragrees to provide, if required by the City. 8. CERTIFICATE OF OCCUPANCY: The Owner/Developeragrees that no Certificates of Occupancy will be issued for any building site or parcel until all improvements thereto, required under this Agreement have been installed, completed, and accepted by the City. The Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 10. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Walmart Real Estate Business Trust Sam M. Walton Development Complex 2001 S.E. 10th Street, Mail Stop 5570 Bentonville, Arkansas 72716-5570 DEVELOPMENT AGREEMENT -PAGE 6 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#~3093 -Amended & Restated Development Agreement (6-27-11).doc with a copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 with a copy to: 10.1 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. 11. 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 maybe 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 forfeiture of this Agreement. 12. 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 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 13. 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 successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. 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 bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, 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. DEVELOPMENT AGREEMENT -PAGE 7 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 CorrespWpplications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc • • 17. FINAL 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/Developerand City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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. 17.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date this fully executed and notarized Agreement is recorded in the real property records of Ada County, Idaho. (Signatures appear on following page) DEVELOPMENT AGREEMENT -PAGE 8 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddazd (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc • IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Walmart Real Estate Business Trust, a Delaware Statutory Trust By: Its: CITY OF MERIDIAN By: Mayor Tammy de Weerd ATTEST: Jaycee L. Holman, City Clerk DEVELOPMENT AGREEMENT -PAGE 9 OF 15 O:\Idaho\Meridian\Crrimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement ~6-27-11).doc • STATE OF ) ): ss County of ) LJ ACKNOWLEDGMENTS On this day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Walmart Real Estate Business Trust, who executed the instrument on behalf of Walmart Real Estate Business Trust, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires: STATE OF IDAHO ) County of Ada ss On this day of , 2011, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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 official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires: DEVELOPMENT AGREEMENT -PAGE 10 OF 15 O:\Idaho\Meridian\Grimes\Overland & Stoddard (S)\1 Corresp\Applications\MDA & CUP\#3093 -Amended & Restated Development Agreement (6-27-11).doc • • EXHIBIT A Legal Description of the Property LEGAL DEStrR1T~TI4N ~. parcel of land being a portion of the Northwest quarter of the Northeest quarter of SectiazY 24, Township 3 North, Range 1 West, Buise Meridian, Ma County, Idaho, inure particularly described as follows: Gasnmenciag at the Northeast earner of the said Nerthwest quarter of the Northeast quarter, said curtss~r being South 89°4?' 1?" East a distance of 1309.39 feet from the Northwest corner of said Northwest quarter of ~Ie Northeast quartex; thence South 00°44'30" West a distance af48,00 feet alozlg the Fast boundary of said Northwest quarter of the Northeast quarter to a paint an tits Southerly right-of--way af'W. Overland Road; thence t+lorth $9°4?' ]?"West a distance of 219.1 S feet along said Southerly right-of way of W. t3v~land Road and parallel with the North boundary of said Northwest quarter of the Northeast rpsarter to the Po'tt of Begntiing; thence South 00°44'30" West a distance of 198.7? feet parallel with the East boundary of said Northwest quarter of the Northeast quarter to a point; thence North 89°4?' 1?" West a distance of 251.02 feet parallel with the Tlorth boundary of said Northwest quarter Northeast gsiar#er to a point; thenoe North 00° 12'43' East a distance pf 19$.?7 feet perpendicular to said Naxtl~: boundary to a poir:t on the Southerlyright-of-way of W, Overland Read; thence South 89°47' 1?" East a distance of 252,86 feet along said Southerlyright-of-way of W. Overland Read to the Point of Beginning. 'tote above described parcel is depicted as Parcel 2 in Record of Survey No. 5685, recorded November 24, 2009 as Instrlrment Net. 109131925, xecords of Ada County, Idaho. AND: A parcel of land being a portion of the Northwest quarter of the Northeast quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, rrloxe particularly described as follows: Commencing at the Northeast censer ofsad Northwest quarter of the Northeast quarter, said comer being South 89°4'7'i?" Fast a distance of 13{?9.39 feet from the Northwest corner of said Northwest quarter of the Northeast gssarter; th~sce South 00°44'30" Nest a distance of 246.'7? feet along the East bouxtdaty of said Northwest quarter of the Northeast quarter ba the Point afBegirusing; theiace c~sxttissuusg South tl0°44'30" West a distance o€ 506.?6 feet along said. East boundary to a perint; thenct EXI-IIBIT B - 1 • • North 89°47'17" West a distanr~e c~f'4{,5.48 feet parallel with the North boundary of said Northwest quarter of the l`Taz~theaxt quarter to a point; thence Naa-th Otl° 12'43" East a distance of 5D6.73 feet perpendicular t4 the Noz~th boundary of said Northwest quarter of the Northeast quarter to a point on the Southraly right-of-way of W. Overland Road; thence South 89°47'17" East a distance of 47Q.17 feet along said Southerly might-of--way of `JU`, Overiand Road to the Paint of Ecginning The above described parcel is depicted as Parcel 3 in Record of Survey N©. 8685, recorded Nove~nt~er 24, 2009 as Instrument No. 10913192:5, records of Ada County, Idaho. ANI? AISOt A parcel of tend being a portion of the 1*tortlswest quarter of the Northeast quarter of Section 7,4, Townstup 3 North, Range `I blast, Boise Meridian, Arta County, Idahq more particularly desr~ribed as fellows: ComineACing at the Northeast Conner of said Noxihwe~ quarter of flee Northeast quarter, said carver being South 89~47'I7" East a distance of 1309.39 feet fmm the Northwest cc7mcx of said Northwest cluart+es of the Northeast quarter; thence South 00°44'30' West a dist~acse oi'48.Ot3 feet along the East boundary afthe said Northwest quarter of the 2~iartheast quarter to a point nn the Southerly right-of-way of W Qvertand Raad; thence North 89°47' 17" W eat a distance of 472.(11 fret. parallel with the North banndary of said Northwest quarter of the Northeast quarter to the Point of Beginning; tltencc South 00°12'43" West a distance of 705.50 feet perpendicular to said North boundary to s point; theme North 89°47' 17" 1Nest a distance of 815.38 feet parallel with the North boundary of said Narttiwest quarter of ~e Northeast quarter to a point an the Easterly right-of--way of S, Stoddard Road: ihenr~e ' North 40°51'03" East a distance of 387.Q3 feet along said riplat-af way and being parallel. with the West Iwundary of said Northwest quarter of the Northeast quarter tD a point; thence South 89°47' 17" East a distance of 248.54 feet parallel with the North baundaxy of said Northwest quarter of the Northeast quarter to a point; thence North 00°12'43" East a distance of 318,30 feet perpendicular to said North boundary to a paint err the Southerlyright.-of-way of W .Overland Rrsa~d; thence South 89°47'17" Fast a distance of Sfs2.50 feet along said right-~of-^~vay and being Iarallel with. the North boundary of said Northwest quarter of the Nortl~.re~st quarter to the Point of Beginning. The above described parcel is depicted. as Parcel 4 in Record of Survey No, 8685, zecorded November 24, 2{lE}9 as Instntrnant Na, 1 U9131925, records of Ada County, Idaho. EXHIBIT B - 2 • • A?~D ATxSC}: A parcel of tend bang a portion caf the Northwest quarter of the Northeast quarter of Sectiars 24, Township 3 North, Range 1 'West, l3oisa Meridian, Arta County, Idaho, n~sare particulaxly dcscrl~ed as ftiltows: Comrnencirtg at the Northeast corner of said Northwest quaa-ter of the Northeast quarter, said earner being South 89°4?'l7" East a distance of I3Q9.39 feet from the Northwest corner afsaid Northwest quarter of the Northeast quarter; tlaerac South t~°44'30" West a distance of 48.t1a feet along the Fast. boundary of said Northwest quarter of the l~~ortlleast quarter to a paint an the Southerly right-af way of W. 4vertand Road; thence North 89°47' l 7" 'West a distance of 1 p34.S 1 feet parallel with the North boundary of said l~torthwest quarter of tise Northeast quarter to the Paim of Beginning; thence soudx 00°f 2'43" "W"est a distance of31$.50 feet perpendicular to said North boundary to a paint; thence North 89°47' l7" W est. a distances of 248.54 feet parallel with the North boundary t}f said 1'~lorthwest quarter of the Northeast qusiter to a point an the Easterlyright-of wait of S. Stoddard Road; thence _ North 00°51' 13" East a distance cif 298,49 feet along said right-af--way and being parallel with the West boundary of said Northwest quarter ofthe Northeast quarter t+R a paint; thence along saidright-of-way North 47°51'Ol East a distance of 29,73 feet to a point an the Sautherlyrght-a€»way pf W. Overland Read; thence South 89°47' 17" East a distance of 223.23 feet along saidright-of-way and being parallel. with the North boundary of said Northwest quarter of the Northeast. quarter to the Point of Beginning. The shave described parcel is depicLcd as Parcel S in Record of Survey No 8685, recorded Naverr-ber '24, 2009 as lnstrumex-t Na,1(}91319Z5, rectrrds of Ada Caunly, Naha, AND ALSO ,A parcel of land being a por#ian of the Northwest quarter of the Northesast quarter of S~tian 24 Township 3 North, Range 1 West,. Boise Meridian, Ada County, Idaho, maxe particularly dril>e{i as follows: Commencing at the Northeast carttcr of said Northwest. quarter of the Northeast quarter, said garner being south 89°47'17" East a distance of 1349.39 feet fronn the Northwest e~rri~ of said Narthwe~t quarter of the Northeast quarter; thence South ~°44'30" West a distance af48.OQ feet. slang the Lust boundary afraid i+larthw+sst quarter of the Northeast quarter tct a paint alt the Sauthcs-ly right-of-way of W. Overland ttaad; thence North $9°47' 17" Vest a distance of 1257.74 feet parallel with the North boundary of said Narthwt~t quarter of the Northeast quarter to a paint; thence south 47°S t'Ol" West a distance of 29.73 feet to a point an the fiasterlyright-of--way of 5. Stoddard Road; thence EXHIBIT B - 3 • South tl~a5l'l~" Wcsi a distance of X24.64 fort P~let with and 30,t1f} fee# Beast c~tthe Wect boundary nfssid Norfih,a~est queries of ti2e Idarthrast quarter to the Point af$e~nZ~ #henca youth 04°~ 1' 13" Wass a distance of l &4.87 fett p~rallcl with slid 30,tyt1 !'eet fiaat of tl~t Vt~est boundary of said Ne~tl7wcst q~,~arter ~f the hlar~theest quaz to a Paint, tt~encc NaiRh 84°47' t 7" West a distaxlcr of 5.4{} feet Paraitel wit}:. the North boundary of said Northwest quarter o£ the 1~Ia~heast quarter to a Isoiut; th~ce A1arb C~~S t' ~ ~" East ~ dista.^,ce a` 1d4.~7 f parallel v~ith ar~d 26',t~? feet ae# ofthe Wept boundary of said Northwest quartet of the Noeast quarter tQ a pain#; tlnac ~aouth ~4°47'l "~"' east a distance of 5.44 £ret parallel with the North bourtdaty ofsaid Northwest quarter of the Naa~thcas# quarter to the Point ofBtginrtira~. Tttc above desarilacd parcel is depictc<3 as Parcel 6 in Record cif 5ttrve~ No. 86$S, rimed h'ovrmbcr 2~i, 2(?f}9 as Ths#ruent No, 1 QrI l 3 i 92'x, rGCOrds of Ada county, Idaho.. EXHIBIT B - 4 • • EXHIBIT B Conceptual Development Plan EXHIBIT B - 1 SECRETARY OF HOUSING & URBAN DEVELOPMENT 4400 WILL ROGERS PKWY STE 300 OKLAHOMA CITY, OK 73108-0000 ALBANO GRACIELA M & ALBANO BIENVENIDO 520 W ELIAS ST MERIDIAN, ID 83642-0000 GRAY MICHELLE & GRAY RICHARD 696 W ELIAS ST MERIDIAN, ID 83642-0000 KNOTT BRIAN & KNOTT ELIZABETH A 610 W ELIAS ST MERIDIAN, ID 83642-0000 SMITH ROBERT B & SMITH JENNIFER S 1951 S BEARTOOTH WAY MERIDIAN, ID 83642-0000 KOSTER DOUGLAS & KOSTER MARSHA 3124 STEVENSON DR PEBBLE BEACH, CA 93953-0000 HUNNICUTT TERRY E & HUNNICUTT SHELIA A 1752 BITTERSWEET HILL VISTA, CA 92084-0000 BALKOVETZ FRANK R & KUSHLAN AMANDA L 560 W DAVENPORT ST MERIDIAN, ID 83642-0000 LACOMBE DEANNA M 482 W DAVENPORT ST MERIDIAN, ID 83642-0000 • GRACE CHARLES SCOTT & GRACE JEAN A 456 W ELIAS ST MERIDIAN, ID 83642-0000 DEJOURNETT TAMARA E 550 W ELIAS ST MERIDIAN, ID 83642-0000 ENSLOW W MICHAEL & ENSLOW LINDA C 664 W ELIAS ST MERIDIAN, ID 83642-0000 LANCE ARLEN R & LANCE DARLENE E PO BOX 682 MERIDIAN, ID 83642-0000 HARWELL GARRETT 730 W DAVENPORT ST MERIDIAN, ID 83642-0000 . HUGHES DONALD P & HUGHES DIANE 668 W DAVENPORT ST MERIDIAN, ID $3642-0000 WESTHUSIN TIMOTHY L & WESTHUSIN KIMBERLEE D 590 W DAVENPORT ST MERIDIAN, ID 83642-0000 • WILSON RYAN M & WILSON WILLIAM DON & SUSAN C FAMILY TRUST 2841 S GARIBALDI AVE MERIDIAN, ID 83642-0000 PETTENGILL RAY L &PETTENGILL DEBBIE 464 W DAVENPORT ST MERIDIAN, ID 83642-0000 LOMAN VALKYRIE K 480 W ELIAS ST MERIDIAN, ID 83642-0000 MCKAY BRIAN E & MCKAY JUDY L 718 W ELIAS ST MERIDIAN, ID 83642-0000 BRYANT ELIZABETH J 632 W ELIAS ST MERIDIAN, ID 83642-0000 VOUZIKAS TED & VOUZIKAS POPE 1969 S BEARTOOTH WAY MERIDIAN, ID 83642-0000 KEY JERRY & KEY RACHEL 71'6 W DAVENPORT ST MERIDIAN; ID 83642-0000 PEARSON LISA A 636 W KODIAK DR MERIDIAN, ID 83642-0000 LANGTON MARJORIE L & LANGTON MICHAEL J 1906 DANMORE DR BOISE, ID 83712-0000 SUMNER RONALD G & SUMNER JULIA A 498 W DAVENPORT ST MERIDIAN, ID 83642-0000 BEAR CREEK HOMEOWNERS ASSOCIATION INC 6223 N DISCOVERY WAY STE 120 BOISE,ID 83713-0000 ALTRINGER SCOTT A & ALTRINGER METOYER EDWARD R CHESTER EDWARD G JR CAMILLE A 3334 PRESTWICK SQUARE 493 W DAVENPORT ST 551 W DAVENPORT ST MISSOURI CITY, TX 77459-2889 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 • WATSON JANENE BECKLEY BRIAN M &BECKLEY KIMBERLY J 469 W DAVENPORT ST 431 W DAVENPORT ST MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-8136 COBURN KELLY HAZLETT RONALD L 587 W DAVENPORT ST 611 W DAVENPORT ST MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 HENNING TOM & HENNING DENISE HOLBROOK REBECCA & HOLBROOK MARK 665 W DAVENPORT ST 697 W DAVENPORT ST MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 WILHITE BRADY J KOURIL JAMES J 398 W DAVENPORT ST 374 W DAVENPORT CT MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOLLWINKEL BRETT C & BOLLWINKEL HAYNIE STEVE & HAYNIE WENDY TARA M 326 W DAVENPORT CT 330 W DAVENPORT CT MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 HOLMES KEITH D & HOLMES SUSAN J 355 W DAVENPORT CT MERIDIAN, ID 83642-0000 DAVIDSON DANIEL C 1921 S ICE BEAR WAY MERIDIAN, ID 83642-0000 BOWDEN PROPERTIES LLC 400 W OVERLAND RD MERIDIAN, ID 83642-8105 BEEDE ROBERT F &BEEDE SUSAN E 1772 S RIVERCHASE WAY EAGLE, ID 83616-0000 IDAHO BANKING COMPANY 7661 W RIVERSIDE DR # 201 GARDEN CITY, ID 83714-4186 ICON CREDIT UNION 7615 W RIVERSIDE DR GARDEN CITY, ID 83714-0000 MOUNTAIN VIEW EQUIPMENT CO PO BOX 690 MERIDIAN, ID 83680-0690 C~ OSORIO KATIE J 8c OSORIO RAFAEL G JR 1975 S ICE BEAR WAY MERIDIAN, ID 83642-0000 KIMSEY CINDY L 631 W DAVENPORT ST MERIDIAN, ID 83642-0000 SHADDICK FREDERICK & SHADDICK CAROLYN 1970 S BEARTOOTH WAY MERIDIAN, ID 83642-0000 BLAKEMAN CHRISTOPHER J 8t BLAKEMAN MOLLY J 352 W DAVENPORT CT MERIDIAN, ID 83642-0000 JOHNSON ERIC V & JOHNSON TAMMY L 337 W DAVENPORT CT MERIDIAN, ID 83642-0000 FREEDOM STORAGE CENTER LLC PO BOX 5763 KETCHUM, ID 83340-0000 HERMAN-TREASURE VALLEY BUSINESS PARKILLC 12426 W EXPLORER DR BOISE,ID 83713-0000 LOWE'S HIW INC 1605 CURTIS BRIDGE RD NORTH WIKESBORO, NC 28697-0000 Hearing Date: August 23, 2011 File No.: NIDA-11-405 Project Name: Walmart - Overland/Stoddard 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, by Walmart Real Estate Business Trust. Location: The site is located on the southeast corner of W. Overland Road and S. Stoddard Road; in the NE '/4 of Section 24, Township 3N., Range 1 W.