Staff ReportSTAFF REPORT Hearing Date: August 23, 2011
TO: Mayor & City Council E IDIAN~--
FROM: Sonya Watters, Associate City Planner 1 D A li 0
208-884-5533
SUBJECT: MDA-11-005 -Walmart - Overland/Stoddard (flca Queenland Acres)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Walmart Real Estate Business Trust, requests approval to modify the existing
development agreement (MDA) (AZ-07-009, Instrument No. 107131597; MDA-09-004, Instrument
No. 110005407) for the subject property to amend the conceptual development plan and certain
sections of the text of the agreement. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the amended conceptual site plan and
provisions listed in Exhibit A.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-
005 as presented in the staff report for the hearing date of August 23, 2011, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Legal Department Staff to
prepare an amended Development Agreement for this property that reflects the changes noted in
Exhibit A.
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-005 as
presented during the hearing on August 23, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA-11-005 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 subject property is located on the southeast corner of W. Overland Road & S. Stoddard Road,
in the northeast '/o of Section 24, Township 3N., Range 1 W.
B. Owner(s):
Idaho Banking Company
7661 W. Riverside Drive, Ste. 201
Boise, ID 83714
C. Applicant:
Walmart Real Estate Business Trust
2001 S. E. 10`h Street
Bentonville, AR 72712-6489
Walmart Overland Stoddard MDA-11-005
Page 1
D. Representative:
Nick Taylor, Pacland Olympia
606 Columbia St. N.W., Ste. 106
Olympia, WA 98501
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: August 1, and 15, 2011
C. Radius notices mailed to properties within 300 feet on: July 28, 2011
D. Applicant posted notice on site by: August 12, 2011
VL LAND USE
A. Existing Land Use(s) and Zoning: This site consists mostly of vacant undeveloped property in the
C-G zoning district. The Icon Credit Union is in the process of being constructed at the northeast
corner of the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial property (Mountain View Equipment, Roaring Springs, Wahooz, '
Veterinary Clinic), zoned C-G and C2 (Ada County)
2. East: Commercial property (Lowe's), zoned C-G
3. South: Single-family residential (Bear Creek Subdivision), zoned R-4
4. West: Vacant (future retail) and commercial storage units, zoned C-G
C. History of Previous Actions:
• In 2007, the subject property was granted Annexation and Zoning (AZ-07-009) approval with
a C-G zoning district. A Development Agreement was required as a provision of annexation
and subsequently recorded as Instrument #107131597.
• In 2009, a modification to the development agreement (MDA-09-004) was approved that
amended the conceptual development plan and certain provisions of the agreement
(Instrument No. 110005407).
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. sues or concerns: None ~ Formatted: Font: Not Bold
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
Walmart Overland Stoddard MDA-11-005 Page 2
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The
purpose of this category is to provide a full range of commercial and retail to serve area residents and
visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well
as appropriate public uses such as government offices.
The subject property is proposed to develop with commercial uses consistent with the Commercial
designation for this site in accord with the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Allowed uses in the C-G disMct consist of the largest scale and broader mix of retail, office,
service and light industrial uses. Properties should be in close proximity and/or have access to
interstate or arterial intersections. The subject property proposed for commercial uses is located
adjacent to Overland Road, a principal arterial street; and S. Stoddard Road, a major collector
street in close proximity to I-84, consistent with the purpose statement of the Commercial district.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal
permitted uses, conditional uses, and prohibited uses in the C-G zoning district A retail store is
proposed to develop on the western portion of the site which is a principal permitted use in the C-
Gdistrict; parcels for future development are shown on the concept plan.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Background: The subject property was annexed in 2007 with a C-G zoning district, consistent
with the Comprehensive Plan future land use map designation of Commercial for this property,
and deemed appropriate to develop with commercial/retail uses. A development agreement (DA)
was approved as a provision of annexation. The development agreement included a conceptual
site plan for a major retail shopping center on the site because the developer did not have
specific users for the site at that time. The concept plan did not include square footages for the
future building pads.
A modification to the DA was approved in 2009 to accommodate the development of ICON Credit
Union on the parcel at the northeast corner of the site. A modified concept plan was approved
and included in the amended DA along with other modifications to specific provisions of the
agreement. The modified concept plan depicts a total of 206K square feet (sf.) of
commercial/retail z~ses broken down as follows: 124Ksf. building pad, a 60K sf. pad for amulti-
tenant building, a IOKsf. pad, and two 6Ksf. pads. A provision of the DA states that all
buildings, with the exception of the two (2) 6Ksf. pads at the northeast corner of the site, shall
be limited to 15% over or under the sizes shown except that the largest building pad shall not
exceed 170Ksf. The provision also limits the number of bzildings allowed on the site to no less
than four and no more than six.
Since that time, ICON Credit Union has purchased the parcel at the northeast corner of the site
and the credit union has been constructed,• the remainder of the site has also changed ownership
and Walmart is the contract purchaser. Because there are now two separate owners of the
property contained in the existing DA and the property owned by ICON has developed, the
applicant proposes an amended and restated DA for the larger portion under contract with
Walmart which will remove this property from the existing DA bz~t leave the ICONproperty
under the existing DA.
Walmart Overland Stoddard MDA-11-005 Page 3
The modifications proposed with the subject application include changes to the concept plan and
specific provisions of the agreement as detailed below and in Exhibit A.4.
The orientation of the largest building where Walmart is proposed is requested to change from
facing north toward Overland to facing east. This change was made in response to concerns of
homeowners in Bear Creek Subdivision regarding the orientation of the back of the building next
to their homes. Staff is of the opinion this orientation will be much better for the adjacent
residents and open up the site and views more; parking is proposed internal to the development.
This site plan depicts a building square footage of 152,653 for this building pad which is
significantly under the 170K s.f. limitation stated in the DA. Although a property boundary
adjustment has not yet been approved to change the configuration of the existing parcels, the site
plan still depicts a total of 5 properties on which buildings are proposed to be constructed in the
future consistent with the previous plan. Parking separate from the Walmart property will be
provided on each of these properties for these future buildings; building pads and square footages
are not shown on the proposed plan.
The following is a summary of the applicant's requested modifications to the provisions of the
DA and staff's analysis and recommendations thereof: (See Exhibit A.4 for exact text of DA
provisions and proposed modifications.) (Note: DA provision #'s reference the original &
amended DA provisions)
• Delete provision #4.1.8 which states, "The two building pads shown on the concept plan
at the northeast corner of the site should allow parking stalls between the buildings and
Overland Road consistent with the design standards contained in UDC 11-3A-19 and the
City of Meridian Design Manual."
This requirement is based on the previous concept plan and is a modified version of a
previous provision based on a previous concept plan. This requirement is not necessary
as it reflects current city code. Further, one of the pads at the northeast corner has
already developed.
• Delete provision #4.1.9 which states, "The building pad proposed at the corner of
Stoddard & Overland should be situated so that parking is evenly dispersed around the
front, rear, and sides of the building as shown on the concept plan or situated closer to
Overland Road, similar to the structures depicted on the northeast portion of the site."
This provision is no longer applicable as the layottt of the concept plan is proposed to
change and there is not a building pad proposed at the northwest corner of the site.
• Modify provision #4.1.10 as follows, "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 pathways 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."
The current provision reads as follows, "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. Said pathway may be constructed in two
phases with development of parcels Nos. 1 & 3 as shown on Record of Survey recorded
on November 25, 2009, as Instrument No. 109132349, records of Ada County, Idaho,
Walmart Overland Stoddard MDA-11-005 Page 4
(attached hereto as Exhibit A) and shall be constructed prior to occupancy of the
buildings on each of the aforementioned parcels. The applicant shall design and construct
the multiuse 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 pavers, colored or scored
concrete, or bricks (not paint). Any changes to these requirements can be done pursuant
to Article 14 of this Agreement."
Staff recommends the proposed provision be modified as follows, ""Prior to issuance of
the first Certificate of Occupancy for either of the two properties along the east boundarX,
construct a multi-use pathway from the sidewalk on the stub street at the south
boundary (Alaska Street) ~ alone the east side of the property, connecting to
the pathway on the ICON Credit Union site to Overland Road. Prior to issuance of the
Certificate of Occupancy for the largest building_pad, construct amulti-use pathway from
the south boundarywithin the street buffer adjacent to S. Stoddard Road along the west
side of the property to the Overland/Stoddard intersection
deyeleprnent~Isn. In the interim of the pathway along the east boundary being
constructed, a pedesMan connection shall be provided from Alaska Street at the south
boundary to the Walmart site and Overland Road as shown on the concept plan with
development of the largest building- ap d_A public pedestrian easement shall be recorded
for the portions of the pathways that lie outside of the right-of--way on the subject
property: a copy of said easement shall be submitted to the Planning Department with the
related Certificate of Zoning Compliance application.
The Owner/Developer shall design and construct the multi-use pathways in accordance
with UDC 11-3A-8 and in conjunction with the Parks Department's standards, except
that the pathways is are allowed to be 8 feet in width, instead of 10 feet. Additionally,
where the pathways crcrosses drive aisles, the pathways shall be distinguished from the
driving surfaces through the use of avers colored or scored concrete, or bricks. Any
changes to these requirements can be done pursuant to Article 17 of this Agreement."
Staff's proposed modifications include the requirement for a pathway to be constructed
along Stoddard which will provide a connection to the Linder pathway that is planned to
eventually cross 1-84, in accord with the Meridian Pathways Master Plan; and a time
requirement for the pathways to be constrz~cted within. Also, includes a requirement for
pedestrian connectivity to be provided from Alaska Street at the south boundary to the
Walmart site and Overland Road in the interim of the pathway along the east botmdary
being constructed (See provision #4.1.8 in Exhibit A.4)
• Modify provision #4.1.12 as follows, "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."
The current provision reads as follows, "Development of this site plan shall be generally
consistent with the conceptual building elevations (photos) and Conceptual Development
Plan (attached as Exhibit B). Additionally, the rear elevation of the largest building
proposed along the southern boundary shall have horizontal banding and/or include a
variety of materials. With the exception of Parcel Nos. 1 and 2, as shown on the Record
of Survey recorded November 25, 2009, as Instrument No. 109132349, records of Ada
County, Idaho, individual buildings within this development shall be limited to 15% over
or under the sizes shown on the concept plan except for the largest building pad which
Walmart Overland Stoddard MDA-11-005 Page 5
shall not exceed 170,000 square feet, and the minimum number of buildings allowed on
the site shall not be less than four and no more than six. The foregoing building size
restrictions shall not apply to buildings constructed on Parcel Nos. 1 and 2 fronting
Overland Road."
Staff' recommends the new provision include a requirement for the side and rear
elevations of the largest bziilding proposed along the south boundary to have horizontal
banding in a different color and/or material. Additionally, staff recommends the largest
building pad still not exceed 170, 000 square feet. (See provision #4.1.10 in Exhibit A.4)
• Delete provision #4.1.13 as follows, "The following uses shall be prohibited along the
southern portion of this site, south of the northernmost full access drive to/from Stoddazd
Road shown on the concept plan: fuel sales facility; building material, garden equipment
& supplies; and vehicle washing facilities."
To protect the adjacent residences, Staff recommends this provision remain but be
modified as follows: "The following uses shall be prohibited along the southern pe~tiea
half of this sit.,, .z, r t, ..«z. « a ii a • ia. c. as a n a t.
e~r~ke-eet3eept~l~t: fuel sales facility; building material, garden equipment & supplies;
and vehicle washing facilities." (See provision #4.1.11 in Exhibit A.4)
• Modify provision #4.1.16 as follows, "At least a 60-foot wide sepazation 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."
The current provision reads, "A 60-foot wide separation is required between the
residential lots along the southern property boundary and the rear of the buildings. Within
said b0 feet a 25-foot wide landscape buffer shall be constructed at the south property
line, then a drive aisle, and then an additional buffer at the rear of the buildings, with an
allowance for access to loading azeas for the smaller retail building(s) on the southeast
portion of the site said buffer shall substantially comply with the buffer example shown
in Exhibit A.4 of the staff report. Landscape buffers shall be designed and constructed in
accordance with UDC 11-3B-9."
The proposed modification eliminates the requirement for an additional landscape buffer
to be installed at the rear of the buildings along the south bozndary and reflects revisions
to the site layout shown on the concept plan. The rear of the largest building now faces
Stoddard Road and the side of the building faces the south boundary; the side of the
building constructed on Orrtlot C will also face the south bozndary. Additionally, the
loading area for the large building will be on the west side of the building facing
Stoddard which will create less of a noise disturbance for the adjacent residences. Staff
agrees with the proposed modification. (See provision #4.1.14 in Exhibit A.4)
• Modify provision #4.1.17 as follows, "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."
The current provision reads as follows, "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 11-3B-9C a & b.
In order to replace the fence as currently regzired, consent from ALL of the property
Walmart Overland Stoddard MDA-11-005 Page 6
owners along the southern boundary would be regzired for a fence of consistent height to
be constructed. If an 8 foot tall fence is constructed as proposed without removal of the
existing fence, it wozzld abut the existing 6 foot tall fence and create a double fence which
could result in maintenance problems as well as not be visually pleasing to the residents.
Staff is of the opinion that neither option is feasible or desirable. Therefore, staff
recommends a new fence not be required and that trees provided within the buffer when
planted be a minimum of 8 feet in height to provide a comparable screen to an 8 foot tall
fence, and consist of a mix of evergreen and decidaious trees and shrubs that result in a
barrier that allows trees to touch at the time of matzzrity in accord with UDC 11-3B-9C.
(See provision #4.1.15 in Exhibit A.4)
In addition to the changes proposed by the applicant above, the following is a summary of staff's
recommended modifications to the existing and proposed provisions of the DA and explanation
thereof: (See Exhibit A. 4 for exact text of DA provisions and proposed mod cations.)
• Delete provision #4.1.4 which states, "Prior to issuance of a Certificate of Zoning
Compliance for the first building on the Property, OwnerlDeveloper 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)."
A recorded copy of this easement agreement (Instrument #106164303) was submitted
with the CZCfor ICONCredit Union. Therefore, the requirement for an access/parking
easement is no longer needed. (See provision #4.1.4 in Exhibit A.4)
• Delete provision #4.1.7 which states, "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."
This requirement is based on the previous concept plan. The main access drive aisles
shown on the proposed concept plan at the north boundary from Overland and from the
east boundary via a driveway from Overland do not have parking backing out onto these
drive aisles. (See provision #4.1.7 in Exhibit A.4)
• Modify provision #4.1.11 as follows, "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 and the guidelines listed in the
City of Meridian Design Manual, prior to all new construction on the Property.
Staff recommends including a reference to the gz~idelines contained in the City's Design
Manual. Additionally, because of the changes to the proposed concept plan, staff
recommends all bzzildings be sz~bject to cz~rrent UDC design requirements which require
a 5 foot wide pathway to be provided to the main building entrance from the perimeter
sidewalk (11-3A-19A.4). (See provision #4.1.9 in Exhibit A.4)
• Delete provision #4.1.16 which states, "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/Developer shall work with the Parks and Recreation Department regarding the
removal or replacement of any trees on this Property.
Walmart Overland Stoddard MDA-11-005 Page 7
Stajf recommends this provision be deleted as there are no existing trees on this site. (See
provision #4.1.17 in Exhibit A.4)
• Add a provision which states, "Owner/Developer shall be responsible to install street
lighting along the project's frontage on W. Overland Road and S. Stoddard Road in
accord with the City's Improvement Standards, prior to occupancy of the first building on
the site."
This provision is inclz~ded at the regz~est of the Public Works Department to ensure street
lighting is installed along the project's frontage. (See provision #4.1.18 in Exhibit A.4)
• Add a provision which states, "Owner/Develop shall record an easement granting cross-
access to the ICON Credit Union property at the northeast corner of the site (parcel
#R7288000004). A copy of said easement shall be submitted with the first Certificate of
Zoning Compliance application for this site."
This provision is included to allow cross-access between the subject property and the
property owned by ICON Credit Union (See provision #4.1.19 in Exhibit A.4).
• Add a provision which states, "Overnight recreational vehicle parking/camping on the
site is prohibited."
This provision is inclz~ded to specifically prohibit RV's from camping overnight on the
szzbject property because this site has not been approved for a recreational vehicle parr
In summary, staff recommends approval of the changes proposed by the applicant to the conceptual
development plan and provisions of the DA with staff's proposed changes as detailed above and in
Exhibit A.4.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Previously Approved Conceptual Development Plan
3. Proposed Conceptual Development Plan
4. Proposed Changes to Development Agreement
Walmart Overland Stoddard MDA-11-005 Page 8
Exhibit A.1: Vicinity Map
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Walmart Overland Stoddard MDA-11-005 Page 9
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Walmart Overland Stoddard MDA-11-005 Page 11
Exhibit A.4: Proposed Amended & Restated Development Agreement
Applicant's proposed provisions are as shown; staffs recommended changes are noted instrike-out/
underline format.
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 for the subject
rp opertX. Upon recordation of this Agreement, the Original Development Agreement
shall be null and void and of no further force or effect for the subject pronertv.
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. LC. § 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's predecessor 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.
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.
Walmart Overland Stoddard MDA-11-005 Page 12
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.
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.
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 Rea] 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.
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.
Walmart Overland Stoddard MDA-11-005 Page 13
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
2. All future development of the Property shall comply with City of Meridian
ordinances in effect at the time of development.
3. The Owner/Developer shall be responsible for all costs associated with sewer and
water service installation.
5. The public stub street (Alaska Street) in Bear Creek Subdivision along the south
property boundary shall not be extended as a public or non-public street into 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.
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.
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8. Prior to issuance of the first Certificate of Occupancy for either of the two
properties along the east boundary, Econstruct a multi-use pathway from the
sidewalk on the stub street at the south boundary (Alaska Street) ;~= ;~sit2
along the east side of the property, connecting to the pathway on the ICON
Credit Union site to Overland Road. Prior to issuance of the Certificate of
Occupancy for the largest building~ad, construct amulti-use pathway from the
south boundary within the street buffer adjacent to S. Stoddard Road along the
west side of the property to the Overland/Stoddard intersection. In the interim of
the pathwa,~long the east bound -being constructed, a pedestrian connection
shall be provided from Alaska Street at the south boundary to the Walmart site
and Overland Road as shown on the concept elan with development of the largest
building pad. A public pedestrian easement shall be recorded for the portions of
the pathways that lie outside of the right-of--way on the subject property; a copy
Walmart Overland Stoddard MDA-11-005 Page 14
of said easement shall be submitted to the Planning Department with the related
Certificate of Zoning Compliance application.
The Owner/Developer shall design and construct the multi-use pathways in
accordance with UDC 11-3A-8 and in conjunction with the Parks Deparhnent's
standards, except that the pathways i~ are allowed to be 8 feet in width, instead of
10 feet. Additionally, where the pathway(s) crosses drive aisles, the pathway
shall be distinguished from the driving surfaces through the use of ap vers,
colored or scored concrete, or bricks. 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 and the guidelines listed in the City of
Meridian Design Manual, prior to all new construction on the Property. {AFA~E:
Tt... «4ow,..~ 1...: ~.~:«.. n~..~~ ..4 1... ..l.i u.,4 4.. 4L.e Q F ~4 ..o.~e..4.~..« ...~~.,......
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10. Development of this Property shall be generally consistent with the conceptual
development plan (attached as Exhibit B). The largest building~roposed on the
site shall be not exceed 170.000 square feet and shall have horizontal banding in
a different color and/or material on the side and rear elevations of the buildine.
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. The following uses shall be prohibited along the southern half of this site: fuel
sales facility; building material, garden equipment & supplies; and vehicle
washing facilities.
12. Construct a 25-foot wide landscape buffer along Overland Road in accordance
with the standards in UDC 11-3B-7.
13. Construct a 20-foot wide landscape buffer along Stoddard Road in accordance
with the standards in UDC 11-3B-7.
14. 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.
15. Along the southern boundary of the Property, provide a mix of evergreen and
deciduous trees and shrubs that are a minimum 8-feet in heieht when nlanted and
result in a barrier that allows trees to touch at the time of maturity ate-8-€sef-tall
vrl~l-fence to assist in providing a buffer to the residents in Bear Creek
Subdivision in additiex-te, in accord with the landscaping requirements listed in
UDC 11-3B-9C.l.a and b.
16. 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.
Walmart Overland Stoddazd MDA-11-005 Page 15
18. Owner/Developer shall be responsible to install street lighting alongthe proiect's
frontage on W. Overland Road and S. Stoddard Road in accord with the City's
Improvement Standards. prior to occupancy of the first building on the site.
19. Owner/Develop shall record an easement rg anting cross-access to the ICON
Credit Union property at the northeast corner of the site (parcel #R7288000004Z
A cony of said easement shall be submitted with the first Certificate of Zoning
Compliance application for this site.
20. Overnight recreational vehicle parking/cam~mg on the site is prohibited.
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 Notlce 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 may be necessary to complete the curing
of the same with diligence and continuity.
5.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as
described in Section 5.2, 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.
5.4 Delay. In the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes that are beyond the reasonable control of
the 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.
Walmart Overland Stoddard MDA-11-005 Page 16
5.5 Waiver. A waiver by City of any default by Owner/Developer of any 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
of any 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/Developer agrees to provide, if required
by the City.
8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees 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
with a copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Walmart Real Estate Business Trust
Sam M. Walton Development Complex
2001 S.E. IOth Street, Mail Stop 5570
Bentonville, Arkansas 72716-5570
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 may be granted, to
court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
Walmart Overland Stoddard MDA-11-005 Page 17
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 of Owner/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.
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/Developer and 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)
Walmart Overland Stoddard MDA-11-005 Page 18
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
Walmart Overland Stoddard MDA-11-005 Page 19
STATE OF )
): ss
County of )
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 )
ss
County of Ada )
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:
Walmart Overland Stoddard MDA-11-005 Page 20
EXHIBIT A
Legal Description of the Property
LBGAL DESCRIPTION
A parcel of land being a portion of the Northwest quarter of the Northeast of Secdon 24,
Township 3 North, Range 1 West, Boise Meridian, Ms County, Idaho, more particularly
deacdbed as follows:
Commencing at the Naadreoat corner of the said Northwest quarter of tha Northeast quarter, said
coma being South 89°47' 17" Best a distance of 1309.34 fact from the Northwest cornea of said
Northwest quarter of the Northeast gwtoer; thence
South 00°44'30" West a distenae of 48,00 feet along the East boundary of said Northwest quarter
of the Northeast quarter to a poir-t an the Southerly right-of--way of W. Overland Road; thdree
North 69°47' 17"Weat a distance of 219.15 feet along acid Southerly right-of,--way of W.
Overload Road and parallel with the North boundary of said Northwed quarter of the Northwest
qumter to the Point of Begtmtiltg
theme
South 00°44'30" West a distancw of 198.77 feet parallel with the East boundary of acid
Northwest quarter of the Northwast quartex to a poittt; thence
North 89°47' 1?" West a distance of 251.02 fed parallel with the North boundary of sad
Northwest questx Northeast quarts to a point; thence
North 00° 12'43' East a distance of 148.7? feet perpendicatlst do said North bowidary to s point
on ttre Southaiy right-of-way of W. Overland Rad; thatce
South 89°47' 17" East • distantx of 232.86 felt along said sartth«tyright-of-way of W. OverLmd
Road to the Point of Beginning
The about descrt'beil parcel is depicted a: Parcel 2 irl Record of Survey No. 8685, rrocarded
November 24, 2009 as Instrument No. 109131925, records of Ada County, Idaho.
AND:
A parcel of lend being a portion of the Northwest quarter of the Northeast quarter of 3ectioo 24,
Tovmship 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described u follows:
Commeac3ng at the Northwet eonrar of said Northwest quarto of the NatWeeat quarter, acid
comer being South 89°47' 17" Baat a distance of 1309.39 Ebel from the Northwest corset of acid
Northwest quarter of the Northeast quarts; tha>ow
South 00°44'30" West a distance of 246.77 foot along the &st bourtduy of sad Northwest
gluatar of the
Northeo:t quarter so the Point of Beginning; thence continuing
South 00°44'30" Weat a distance of 506.76 feet Gong add Beet boundary m a point; thence
EXHIBIT B -1
North 89°47'17" West a distance of 465.48 feet parallel with the North boundary of aid
Northwest quarter of the Northesst quarts to a point; thence
North 00° 12'43" East a distance of 506.73 feet perpendicular a the North boundary of said
Northwest quartex of the Northeast quarter to a point oa the Southerlyright-of--way of W.
Overland Road; flieace
South 89°47' l T' East a distance of 470.17 !ba along acid Southerlyright-of--way of W. Ovaiaad
Road to the Point of Beginning
Tha above descn'bed pucel is depicted as Parral 3 in Recoad of Survey No. 8685, recorded
November 24, 2009 as Instrument No. 109131925, records of Ada Cowtty, Idaho.
AND AISO:
A parcel of tend being a portion of the Northwest quarter of the Northeast quarto of Section 24,
Township 3 North, Range `1 Went, Boise Meridian, Ada Cou~y, Idaho, more particularly
described as follows:
Commencing st the Northeast coma of acid Northwest quarto of the Northeast quarter, said
corns being South 89°47'I7" East a distance of 1309.39 fat From the Northwest corner of old
Northwest quarts of the Northeat quarts; thence
South 00°44'30' Walt a dtstanoe of 48.00 few along the East boundary of the paid Northwest
quarts of the Northeast quarto to a point on the Southerly rightof--way of W Overland Road;
theta
North 89°47' 17" Went a distance of 472.01 fast parallel with the North boundary of said
Northwest quarter of the Northeast quarts to the Point of Beginning; thence
South 00° 12'43" Writ a distance of 705.50 fat petpaadicular to said North boundary to a poirt>;
thanx
North 89°47' 17" West a di:taua of 815.38 feat parallel with the Math bounduy of said
Northwest quota of the Northeast quarts to a point on the Easterly right-of--way of S. Stoddard
Road: chance
North 00°51'03" Esst a distance of 387.03 &et along said right-of-way end being psratid with
the Walt boundary of said Northwest quarter of the Northeast gnatta m a point; thence
South 89°47' 17" East a distanoa of 248.54 feet parallel with the North boundary of acid
Nortltwast quarts of the Northast qunter to a pohtt; chance
North 00°12'43" Bast a diatuta of 318.30 feat perpaidicular m said North bam~ry to a point
on the Southerly right-of-way of W. Overland Road; tt-enoe
South 8947' 17" East a distance of 562.50 feet along said right-of-way and boiag psa~alld with
dte Nori}r boundary of add Northwest quarter of the Northeast quarts to the Point of Begiwdrtg.
The above described parcel is depicted as Paresl 4 in Reemrd of Survey No, 8685. recorded
Novamba 24, 2009 u Iaatrarnent No.109131925, records of Ada County, Idaho.
EXHIBIT B - 2
AND ALSO:
A parcel of land being a portion of the Northwest quarto of the Northeast quarter of Basics 24,
Towaship 3 North, Range 1 West, Boise Meridiaa, Ada eouaty, Idaho, more particulaly
described as follows:
Commcncang at the Northeast tumor of avid Northwest quarter of the Northar~st quarter, said
corner being South 89°47' 17" East : distaaco of 1309.39 feet from the Northwest comer of said
Northwest quarter of the Northeast quarter, thence
South 00°44'30" West a distance of 48.00 foot along the East boundary of said Northwest quarter
of the Northast quarter to a paint on dre Southerlyright-of--way of W. Overland Road; thaace
North 89°47' I7" West a distance of 1034.51 feat parallel with the North boundary of said
Northwest quarter of tba Northeast quartet to the Poim of Begianin~ throe
South 00°12'43" bleat a distance of 318.50 foot perpendicular to acid North boundary to a point;
thence North 89°47' 17" West a distance of 248.34 feat parallel with the North boundary of said
Northwest quarter of the Northeast quarter to a point on the Easterly right-df-way of S. Stoddgd
Road; thence
North 00°5 i' 13" East a distance of 298.49 feet along saidright-of--way and being parallel with
the West boundary of said Northwest quarter of the Northeast quarter tQ a point; thence along
said right-of-way
North 47°51'01 East a diatarnx of 29.73 feat to a pout on the Southerly right-of-way of W.
Overland Road;, thence
South 89°47' 17" East a distance of 223.23 fed. alongsaidright-of-way artd being panlld with
the North boundary of said Northwest quarter of the Northeast quarter to the Point of Beginning.
The about described parrod i; dapicxed as Parcel s in Reaxd of Survey No 8685, recorded
Novemt>cr 24, 2009 ea Instrument No, 109131925, rccorck of Ada County, Idaho,
AND ALSO
A parcel of land being a portion of the Northwaat quarter of the Northeast quarter of Section 24
Township 3 North, Range 1 West, Boise Meridian. Ada County, Idaho, more particularly
de~ibed as follow::
Commanoing at the Northeast comer of a{d Northwest quarts of the Northeast groats, aid
comer being South 89.47' 17" East a distance of 1309.39 feat $om tiro Northwpt corner of said
Northwest quarter of rho Northeast gnartor, tlsenca
South 00°44'30" bleat a distance of 48.00 fed along the F,tat boundary of said Northwest qusrtrr
of the Northwt quarter to a point on the Southocly rlgltt-of-way of W. Overland Road; theaca
North 89°47' 17" West a diatmcx of 1257.74 fast parallel wi0r the North boundary of acid
Northwest quarto of the Northeast quarter to a point; thence
South 47°51'01" blast a distance of 29.73 feet to a point on the Easterlyright-of--way of S.
Stoddard Road;theace
EXHIBIT B - 3
South 00°51'13" West a distance of 120.64 feet parallel with and 30.00 feet Ease of the Wei
boundary of said Northwest quarter of the Northeast quarter to the Point of Beginning; thence
South 00°51' 13" West a distance of 164.87 feet parallel with and 30.00 feet Bast of the Wert
boundary of said
Northwest tryarter of the Northeast quarter to a paint; theacx
North 84°47' l7" West a distance of 5.00 feet panllet with the North botndary of said Northwest
quarter of the Northeast quarter to a point; thence
North 00°51' 13" Fast a distance of 164.87 fat parallel with and 25,00 feat East of the West
boundary of said Northwest gwnter of the Northeast quarter to a point; tbeace
South 89°47' 17" Best a distaaoe of 5.00 feet parallel with the North boundary of said Northwest
quarter of the Northeast quarter to the Foist of Beginning
The above described parcel is depictod as Parcel 6 in Record of Survey No. 8685, rocorded
Noyembex 24, 2009 as lnstr-enont No, 109131925. records of Ada County, Idaho.
EXHIBIT B - 4
EXHIBIT B
Conceptual Development Plan
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LJ C~U~ ~ ~ - ~ CONCEPTUAL DEVELOPMENT' PLAN EXHIBIT 8