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Walmart MDA 11-005 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDlZ IANs+-- ~J In the Matter of the Request for a Development Agreement Modification for Walmart Overland/Stoddard (fka Queenland Acres), Located on the Southeast Corner of S. Stoddard Road & W. Overland Road, by Walmart Real Estate Business Trust. Case No(s). MDA-11-005 For the City Council Hearing Date of: August 23, 2011 (Findings on October 4, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 23, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 23, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 23, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 23, 2011, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-005 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of August 23, 2011, incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved with the provisions in the attached Staff Report for the hearing date of August 23, 2011, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of August 23, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-005 -2- By action of the City Council at its regular meeting held on the ~_ day of , 2011. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD MAYOR TAMMY de WEERD (TIE BREAKER) Ma or Ta TED q~C~s Attest: o~ ~'? ~~ r~ Cityof E IDIAN~ IbANO aycee o an, City Clerk ~, $~ ~• w Syr titi ~d'~ ~~ e ~ A~~a~a TA VOTED.. ~'~l.Gt ~- . VOTED_ VOTED VOTED VOTED de Weerd Copy served upon Applicant, The Planning~epartment, Public Works Department and City Attorney. ~ ~~ ,,. t ~ `, B ~ ` Dated: ~ ~ ~ ~ 1 ~. Cit lerk's e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-11-005 -3- EXHIBIT A STAFF REPORT T0: FROM: SUBJECT: Hearing Date: August 23, 2011 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 MDA-11-005 - Walmart - Overland/Stoddard (flea Queenland Acres) .,,~ _ ::v f ~ ar.` i k 'f 5< f. R b2' 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. l 10005407) 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. ~ Summ i~ In ii: n ary of Cit favor; Jo oppositio v Council Public Hea Ann Butler; Nick Tay n: Garrett Bishop: Rv ring: lor; Leif Edmonson: an Hevborn: Heidi Forney: Adam Cl ark: Fran iii= o i~ mmentin ritten test g: Sarah Schmidt: La imony: Frank Balkov ura Webb: Gary Inselman. ACHD etz: Dan Albert: Adam & A hlev Cla rk: Jim & a ra Schmid t: Shana Silvestri: Rv an Hevborne: Lori McBride: Shelia & Terry ~ u ~ ta ~ Ot ~~ Is I: h nnicutt: ff presen her staff c sues of Di e necessit George & Laura Web ting application: Sony ommenting on applic scussion by Council: y of an emer~encv acc b: Patrick Morandi: Kevin Dento a Watters ation: Pete Friedman ess to the site via Alaska treet (if the ccec is e emed not n ecessary by emergenc y service providers. the landscape huff er hould roue alo ng the southern bound ary where Alaska Street currently stub ~ a multi - wav should be constructed within the buffer that connect to the idewalk o ne Alaska Street ~ extends into the site & connect to the egment of the pathwa y ~ req ii~ Ee Key C i~ o uired with ncin~ alon ouncil Ch uncil's m in the site): g the southern & wes anges to Staff/Commi otion with respect to tern boundaries of the site ssion Recommendation the fence along the southern bounda y of the s te as follo ws. "The applicant w ill replace the existing vinyl fence w ith an S-fo o fen ce provid ed agreement can be reached with the homeowner's associ ation and t he iacent pr operty owners. If th at cannot be accomplished within a month. t he anon by staff with respect to land capin~ be pursued after tha t's ought bac k to City Council fo r consideration." During the Septem ber 27~~ C ity o uncil mee ting, the Applicant pro vided documentation that all of the ho meowner' in Be ar Creek did not consent to re nlacin~ existing fencing with 8 foot vinyl fencin g. Walmart Overland Stoddard MDA- I' 1-005 Page 1 EXHIBIT A erefore. th e Coun cil clarifi ed the reauirement for an 8-foot tall vinyl fence. allowing ' o be constr ucted a diacent to existing fencing in dear Creek since agreementlconsent d not be reached to repla ce the existing fencing. (See DA provi ion #4.1.15) Co uncil's mo tion w ith resp ect to the emergency access to the site via Alaska Street a s as follo ws. "If it's de termined by .staff that the emer~encv acce~ can be .tha t the a ccess sha ll be designed solely as a pedestrian access. If the acce ould rema in. tha t the d eveloper should redesign or replace the bollards o ve hicular tra ffic ca nnot by pass." The Fire Department ~ Police Department are in ~,~ reement th at the e mer~enc v access to the site via Alaska Street can be removed as it ' See DA pro visions #4.1. S ~ 4.1.8) 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, 201 1, 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 1/4 of Section 24, Township 3N., Range 1 W. B. Owner(s): Idaho Banking Company 7661 W. Riverside Drive, Ste. 201 Boise, ID 83 714 C. Applicant: Walmart Real Estate Business Trust 2001 S.E.10~ Street :, Bentonville, AR 72712-6489 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. Walmart Overland Stoddard MDA-11-005 Page 2 EXHIBIT A 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 VI. 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. Issues or concerns: None 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. 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 Walmart Overland Stoddard MDA-11-005 Page 3 EXHIBIT A 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 district consist of the largest scale and broader mix of retail, office, service and light industrial uses. Properties should be inclose 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 an close proximity to 184, consistent with the purpose statement of the Commercial district. B. Schedule of Use: Unified Development Code (UDC)11-2B-2 lists 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 uses broken down as follows: 124K sf. building pad, a 60K sf. pad fora multi- tenantbuilding, a IOK sf. pad, and two 6K sf. pads. A provision of the DA states that all buildings, with the exception of the two (2) 6K sf. pads at the northeast corner of the site, shall be limited to 1 S% over or under the sizes shown except that the largest building pad shall not exceed 170Ksf. The provision also limits the number of buildings 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 but leave the ICONproperty under the existing DA. 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. Walmart Overland Stoddard MDA-11-005 Page 4 EXHIBIT A 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 ad'acent J 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 rovisions of the p 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 mod f ed version of a previous provision based on a previous concept plan. This requirement is not necessary as it ref lects 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 layout 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 pathways 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 maybe 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, (attached hereto as Exhibit A} and shall be constructed prior to occupancy of the Walmart Overland Stoddard MDA-11-005 Page 5 EXHIBIT A 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 boundary construct a multi-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) ~~u~r~iih~i~ 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 lamest building_pad, construct amulti-use pathwa, f~ rom the south boundary within the street buffer adiacent to S. Stoddard Road along the west side of the property to the Overland/Stoddard intersection ~~. In the interim of the pathwa~alon~ the east bounds . being constructed, a pedestrian connection shall be provided from Alaska Street at the south boundary to the Walmart site and Overland Road as shown on the concept plan with development of the largest buildingpad. A public pedestrian easement shall be recorded for the portions of the pathways that lie outside of the ri ht-of way on the subject property; a copy of said easement shall be submitted to the Planning_Departmenttyith the related Certificate of Zonin,. Compliance application The OwnerlDeveloper 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 ~ are allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathways crosses 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 mod cations include the requirement for a pathway to be constructed along Stoddard which will provide a connection to the Linder pathway that is lanned to p eventually cross 184, in accord with the Meridian Pathways Master Plan; and a time requirement for the pathways to be constructed 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 boundary being constructed (See provision #4.1.8 in ExhibitA.4) • Modify provision #4.1.12 as follows, "Development of this Property shall be generally consistent with the conceptual development plan (atta.ched 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. l 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 Walmart Overland Stoddard NIDA-11-005 Page 6 EXHIBIT A or under the sizes shown on the concept plan except for the largest building pad which shall not exceed 170,000 square feet, and the minimum number of buildings allowed on the site shall not be less than four and no more than six. The foregoing building size restrictions shall not apply to buildings constructed on Parcel Nos. l and 2 fronting Overland Road." Staff recommends the new provision include a requirement for the side and rear elevations of the largest building 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, D00 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 Stoddard 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 ~ half of this site, 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 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." 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 60 feet a 25-foot wide landscape buffer shall be constructed at the south property line, then a drive aisle, and then an additional buffer at the rear of the buildings, with an allowance for access to loading areas .for the smaller retail 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 11-3 B-9." The proposed modification eliminates the requirement for an additional landscape buffer to be installed at the rear of the buildings along the south boundary 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 Outlot C will also face the south boundary. 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 Walmart Overland Stoddard MDA-11-005 Page 7 EXHIBIT A to the landscaping requirements listed in UDC 11-3B-9C a & b. In order to replace the fence as currently required, consent from ALL of the property owners along the southern boundary would be required 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 would abut the existing g 4 %z 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 deciduous trees and shrubs that result in a barrier that allows trees to touch at the time of maturity in accord with UDC 11-3B-9C. (See provision #4.1.1 S 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 ex lanation p 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, Owner/Developer shall provide City Staff with a copy of a recorded document(s) granting vehicular cross-access and cross- parkingbetween 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 CZC for ICON Credit Union. Therefore, the requirement for an accesslparking easement is no longer needed. (See provision #4.1.4 in ExhibitA.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. ~ ~~ er~eter-~i~+~a~l~} Staff recommends including a reference to the guidelines contained in the City's Design Manual. Additionally, because of the changes to the .proposed concept plan, staff recommends all buildings be subject to current UDC design requirements which require a S foot wide pathway to be provided to the main building entrance from the perimeter sidewalk (I1-3A-19A. 4). (See provision #4.1.9 in Exhibit A.4) Walmart Overland Stoddard MDA-11-005 Page 8 EXHIBIT A • 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 De artment re ardin the p g g removal or replacement of any trees on this Property. Staff recommends this provision be deleted as there are no existing trees on this site. (See provision #4.1...17 in ExhibitA.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 included at the request 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 included to specifically prohibit RV's from camping overnight on the subject property because this site has not been approved for a recreational vehicle park. 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 NIDA-11-005 Page 9 EXHIBIT A Exhibit A. l :Vicinity Map. Walmart Overland Stoddard MDA-11-005 Page 10 EXHIBIT A Exhibit A.2: Previously Approved Conceptual Development Plan Walmart Overland Stoddard NIDA-11-005 ,..-3.... ~;~;j.,w;,, '-~- ~n ~ ,„,~,,,, ter-- ,~~ .,...,i..... ~~ ~~ Page 11 ~"T ~,.x r w EXHIBIT A Exhibit A.3: Proposed Conceptual Development Plan Walmart Overland Stoddard MDA-11-005. Page 12 EXHIBIT A Exhibit A.4; Proposed Amended & Restated Development Agreement Applicant's proposed provisions are as shown; staff's recommended changes are noted in strike-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 , 201 1, 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 roe Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect for the subject property. 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-b51 lA, 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 11-5B-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 13 EXHIBIT A 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/Developerleems 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 83 642. 2.2 OWNERIDEVELOPER: 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. 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 NIDA-11-005 Page 14 EXHIBIT A 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 be responsible for all costs associated with sewer and water service installation. . . ~~e~~~~ 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 ' 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 ACPID. . . > > 8. Prior to issuance of the first Certificate of Occupancy for either of the two properties along the east boundary, construct a multi-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) uc~esr +~~~ along the east side of the prope____~ty, connecting to the pathway on the ICON Credit Union site to Overland Road The aunlicant shall be provide nhvsical barriers or landscanin~ulaced at the entrance of the uathwav where Alaska Street terminates to urohibit vehicular access to the nathwav. Prior to issuance of the Certificate of Occupancy for the largest building pad, construct amulti-use athwa from the south bounda within the street buffer ad'acent to S. Stoddard Walmart Overland Stoddard MDA-11-005 Page 15 EXHIBIT A Road along_the west side of the ~ro~e~y to the Overland/Stoddard intersection. Prior to the athwa alon the east bound em construe ed a edestrian connection shall be provided from Alaska Street at the south boundary to the Walmart site and Overland Road as shown on the conceptual development plan with development of the largest buildingpad; a landscape buffer shall be installed along the southern boundary with bermin~ as shown on the conceptual landscape elan in Exhibit B. A public pedestrian easement shall be recorded for the~ortions of the pathways that lie outside of the right-of way on the subiect roe • a co of said easement shall be submitted to the Plannin De artment with the related Certificate of Zonin .., Cg____om_plianceapp1ication. The Owner/Developer shall design and construct the multi-use pathways in accordance. with UDC l l -3A-8 and in conjunction with .the Parks Department's standards exce t that the athways ~ are allowed to be 8 feet in width, instead of p p 10 feet. Additionally, where the pathways 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 OwnerlDeveloper 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 Cit~f Meridian Design Manual, prior to all new construction on the Property. rnGTrCCII~•'G1TiGTIt-C~ny~ m n+or cr ~ ~ n~z r~ 10. Development of this Property shall be generally consistent with the conceptual development plan (attached as Exhibit B). The largest building. proposed on the site shall be not exceed 170,000 square feet and shall have horizontal banding in a different color and/or material on the side and rear elevations of the building. Future development of the outlots depicted on the conceptual development plan shall be in accordance with the UDC applicable at the time of such development. 11. The following uses shall be prohibited along the southern half of this site: fuel sales facili ; 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 bound Within said 60 feet a 25-foot wide landscape buffer .shall be ~'Y constructed at the south property line, then a drive aisle. Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9. Walmart Overland Stoddard NIDA-11-005 Page 16 EXHIBIT A 15. As close as practicable to the existing Bear Creek Subdivision fence along the southern boundary of the Property, provide .. • an 8-foot tall white vin l 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. 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. .. 18. Owner/Developershall be responsible to install street lighting along the 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 air ntingcross-access to the ICON Credit Union pro~ertX at the northeast corner of the site (parcel #87288000004}. A copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for this site. 20. Overnight recreational vehicle parkin~/campin~ 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 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 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 Walmart Overland Stoddard NIDA-11-005 Page 17 EXHIBIT A a licable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer pP 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 arties hereto. Enforcement maybe sought by an appropriate action at law or in equity to p 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. 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 OwnerlDeveloper agrees to provide, if required by the City. 8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occu anc will be issued for any building site or parcel until all improvements thereto, required under p y 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 OwnerlDeveloper 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 3 3 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 Walmart Overland Stoddard MDA-11-005 Page 18 EXHIBIT A 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. l 1. 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 rovision shall be deemed to be a separate contract between the parties and shall survive any default, p 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 m 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/Developerbas 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 inco orated in this Agreement as if set forth in full including all text information in the Walmart Overland Stoddard NIDA-11-005 Page 19 EXHIBIT A Exhibits. Exce t as herein otherwise provided, no subsequent alteration, amendment, change or addition p to this A Bement 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 20 EXHIBIT A IN WITNESS WI-IEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. O~VNER/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 NIDA-11-005 Page 21 EXHIBIT A STATE OF ) ): ss County of ) ACKNOWLEDGMENTS On this day of , 201 1, 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 WI~REOF, 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 , 201 1, 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 WI~REOF, 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 NIDA=11-005 Page 22 EXHIBIT A EXHIBIT A Legal Description of the Property EXHIBIT B - I EXHIBIT A LEGAL. D~S~R~PT`~+lV C~VE~LAN~ ~D ST~DDA~C~ ~'Af~~'~L A PARCEL OF LAND BEING A PORTION OF THE NCRTHINEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE ~ WEST;. BOISE MERIDIAN, AC~~ COUNTY, IDAHO, MARE PARTICULARLY DESCRIBED AS FOLLOUVS: COMMENCING AT THE. NORTHEAST CQRNER: OF THE- SAfD NO'f~THUVEST QUARTER OF TNE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 8~°47'7".EAST A DISTANCE OF 1309:39 FEET FROM THE NORTHWEST CORNER ~JF SAID NORT~IIVEST QUARTER OF THE I~IORTHEAST QUARTER; THENCE SOUTH a0°44'30"WEST A DISTANCE QF 48.00 FEET ALONG-THE EAST BOUNDARY OF SAID NORTHViIEST QUARTER OF THE NORTHEAST QUARTER TC3 A POINT CAN THE SOUTHERLY RIGHT-OF- ViIAY 41= W. O'VERLAND ROAD; THENCE NORTH 39°47''1?" 1~VEST A DISTAI'~CE ~?F X19.15 FEET AI.QNG SAID SOUTHERLY RIGI-IT'-OF-WAY OF W. 01~ERLAND ROAD AND PARALLEL WITH THE NORTH BOUNDARY O1= SAfO NORTHWEST- QUARTER OF TIME I~t~RTHEAST QUARTER. TO THE POINT OF BEGINNING; THEfVCE SOUTH 00°44'0" ViIEST A QISTANCE OF 1 ~~.7?FEET PARALLEL 1111TH THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 89°47'~ 7" TEST A DISTANCE OF X51.0 FEET PARALLEL WITH THE NORTH. BOUNDAR`(OF SAID NORTI-IUVEST QUARTER Olw THE NnI~THEAST QUARTER. TO A PAINT; THENCE NORTH 00°12`43" EAST A DISTANCE OF 18:77 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAl' OF iN. O~IERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF ~~2.86 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF tlil. OVEf;LAND ROAD TO TNE. POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL ~ IN RECORD OF BUR'VEY NO.8.687, REC~7RDED NQVEMBER ~~, 2009 AS INSTRUMENT NO.1I~913~349, RECORDS OF ADA COUNTY, IDAHO. AND: A PARCEL OF LAND BEING A PORTION OF THE NORTI~11tVEST QUARTER- pF THE Nt~RTHEAST QUARTER ~7F SECTION 24, TOWNSHIP 3 NGIRTH, RANGE ~ WEST, BOfSE MERIDIAN, ADA CQUNTI~, IDAHO, MARE PARTICULARLY DESCRIBED AS FOLLODUS; COMMENCING AT THE NORTHEAST CORNER OF SAID NOf~THWEST QUARTER 4F THE Nt~RTHEAST QUARTER, SAID CLIRNER BEING 50~1TH 89°47°'17" EAST A DISTANCE OF 1309.3 FEET FROM THE NORTHWEST C~JRNER OI= SAID NORTHWEST Qt~ARTEI~ £~F THE NORTHEAST QUARTER; THENCE SOUTH t10°44`30" WEST A DISTANCE OF 24~a.77 FEET ALONG T'HE EAST BOUNDARY OF .SAID NORTH»EST QUARTER. CAF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE CONT1NUf NC SOUTH ~~°44'30" itti~EST A DISTANCE OF 505.?~ FEET ALONG SAID EAST BOUNDARY TO A P{~INT; THENCE NORTH 8~°47'17"' WEST A DISTANCE OF 465.48 FEET PARALLEL 1NITN THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER {~F THE NORTHEAST QUARTER. TO A Pt~fIT'; THENCE NORTH 00°1'43" EAST A DISTANCE OF 506.73 FEET I~ERPENDICULAR TO THE .NORTH: BOUNDARY OF SAID NORTHt<1lEST QUARTER OF THE NORTHEAST QUARTER T4 A POINT ON TI-1E SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'1?" EAST A DISTANCE OF 470.17 FEET AL(~NO SAID SOUTHERLY RIGHT-OF-WAY OF iJ11. 01lERLAND ROAD TO THE F'OiNT OF BEGIf'~NING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 3 IN RECORD OF SURVEY N0.8087, RECORDED NOVEMBER 25, 2009 AS INSTRUIVIENT NO.1 ~?913~349, RECORDS OF ADA COUNTY; DAHO. AND ALSO; `" averiand/Staddard ALTA Survey ~,,,,,,.-'`Land surveying aed Coasufring ~JOI7 No. ~ ~ -~~ Page 1 of 3 EXHIBIT A I~ PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTIQN ~4, TOWNSHIP ~ Nt7RTH, RANGE 1 QUEST, BODE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIUIMENC#NG AT THE NORTHEAST CORNEf~ OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER,. SAID CORNER BEING SOUTH ~~°47'17" EAST A DISTANCE. OF 13D~.~9 FEET FROM THE I~JRTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH Q~°44'3" 1lUEST A DISTANCE OF 48.4 FEETALONG THE EAST :BOUNDARY OF THE SAID.. NORTHWEST QUARTER- OF THE NORTHEAST QUARTER ?0 A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" QUEST A DISTANCE OF 472.01 FEET PARALLEL WITH THE. NORTH BOUNDARY OF SAID NORTHWEST QUARTER QF THE NORTHEAST QUARTER TO THE Pty#NT Of BEGINN#h1G; THENCE SOUTH. 00°12'3" QUEST A DISTANCE OF 70~.~0 FEET PERPENDICULAR T'0 SA(D NORTH BOUNDARY TO A P4#NT; THENCE NORTH 89°47'17" WEST A DISTANCE OF 81~.~5 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID. NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE EASTERLY RIGHT- OF-U~AY QF S. STODDARD ROAD.; THENCE NORTH Od°51'13" EAST A DISTANCE t~F 387.03 FEET ALONG SAID RIGHT-OF-UtIAI' aND BEING PARALLEL WITH TI-fiE WEST BOUNDARY OF SAID NORTHWEST QUARTER. OF THE NORTHEAST QUARTER TO A POINT; THENCE SOUTH 8B°47'17" EAST A DISTANCE Glw 248.:54 FEET .PARALLEL WITH THE NORTH' BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A .POINT; THENCE NORTH QO°1'43" EAST A DISTANCE OF 318.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 5~~.0 FEET ALONG SAID RIGHT-OF-WAY AND' BEI G PARALLEL WITH THE NORTH BOUNDARY QF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PARCEL iS DEPIQTED AS PARCEL 4 IN RECORD OF SURVEY NO.86~7, RECORDED NOVEMBER 25, 200 AS INSTRUMENT N0.109132:349, RECORDS OF ADA COUNTY,. IDAHO, AND ALSO, A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER qF THE NORTHEAST QUARTER OF SECTION 24, TOVIINSHIP ~ NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA C4U1`#TY, IDAHO; FORE PARTJCULARLY DESCRIBED AS .FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE .NORTHEAST QUARTER,. SAID CORNER.. BEING SOUTH $~°47'17" EAST A DISTANCE OF 139.39 FEET FROM THE.. NORTHWEST CORNER C}F SAID NORTHWEST QUARTER OF THE'NORTHEAST QUARTER; THENCE SOUTH D~A4~'30„ WEST A DISTANCE OF 4$:OQ FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE. SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WEST A DISTANCE OF ~ 034.51 FEET PARALLEL. UUITH THE NORTH BOUNDARY OF SAID NORTHWEST f~UARTER QF THE NOi~THEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'43" WEST A DISTANCE OF X18.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT; THENCE NORTH 89°47'1?" WEST A DISTANCE OF ~48~.54 FEET PARALLEL WITH THE NORTH BOUNDARY OF` SAID NORTHWEST QUARTER CAF THE NORTHEAST QUARTER TO A POINT ON THE :EASTERLY RIGHT OF-WAY flF:S. STODDARD ROAD; THENCE NORTH 00°51'1 ~" EAST A DISTANCE OF 2$.49 FEET ALONG SAID RIGHT-OF-'WAY AND BEING PARALLEL WITH. THE UDEST BOUNDARY OF SAID NORTHIIUEST QUARTER OF THE NORTHEAST QUARTER TO A POINT;. THENCE ALONG SAID RIGHT-OF-WAY .NORTH 47°51'01" EAST A DISTANCE OF 29.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF I1~1.OVERLAND ROAD; THENCE SOUTH 89°47'11" EAST A DISTANCE OF 23,2:3 FEET ALONG SAID. RIGHT-OF-UVAY AND BEING OverlartdlStoddard ALTA Survey ~~ ~' Jab No~.11-3~3 ~„~...~ Cand Sun+eying and ~anw~tEng Page ~ of EXHIBIT A EXHIBIT B - 4 EXHIBIT A PARALLEL, WITH THE. NORTH B~UNDAR~' OF SAID I~I£~RTHVVEST QUARTER OF THE NORTHEAST QUARTER T~ THE PC~IN~` OF BEGI~II~ING. THE A84VE DESCRIBED PARCEL IS DEPICTED AS PARCEL 5 IN RECORD OF SURVE'~ NO, ~~i$7, RECORDED NOV'EI~BER 25, 209 AS INSTRUMENT N.O. ~ ~~1 ~234~, RECORDS OF ADA COUNTY, IDAHQ. AND ALSQ: A PARCEL C}F LAND BEING A PORTION CAF THE NORTHWEST QI~ARTER CAF THE NORTHEAST (QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANEE 1 WEST,. Bf~ISE MER[DIAN, ADA COUNTY, IDAHO, MARE PARTICULARLY DESCRIBED AS FOI.LQWS', ~OMIVIENCING AT THE NORTHEAST COINER CAF SAID I'~ORTH1~iE~T QUARTER t~F THE NORTHEAST QUARTER,. SAID CORNER BEING SOUTH ~~°47'~~'" EAST A DISTANCE OF 13a~.3~ FEET FROI1~ THE' NORTHWEST CC}RNER 4F SAID N4RTH~1lEST t~UARTER OF THE NORTHEAST QUARTER; THENCE SOUTH ~~°44"3~" WEST A .DISTANCE. CAF 48.~~ FEET ALC}N THE EAST BOUNDARY OF SAID NORTHWEST C~UARTER Of THE NORTHEAST QUARTER TES A POINT t~N THE S{~UTHER~."~ RIGHT-QF- WAI~ OF W. O1~ERLAND READ; THENCE NORTH 89°47'~ 7" WEST A DISTANCE OF ~ ~57,~4 FEET PARALLEL WITH 'THE NORTH B~JUNDARY OF SAID NC?RTHii~EST QUARTER OF THE NORTHEAST QUARTER TO A P:~31NT; THENCE SOUTH 47°5~'~1" 1~VEST A DISTANCE OF ~~,7' FEET TO A POINT t~N THE EASTERLY RIGHT-~7F-WAY OF S. STt~DDARD ROAD; THENCE SOUTH 0~°51'13" UVEST A DISTANCE OF ~~.~4 FEET PARALLEL WITH AND 3U.~Q FEET EAST OF THE WEST BOUNDARY' OF SAID NORTHWEST QUARTER C3:F THE NORTHEAST QUARTER TC ~'HE P{~INT OF BEGINNING; THENCE St~UTN 0~°~~'~ 3" V1lEST A DISTANCE ~I` 14.87 FEET PARALLEL WITH AND 30.0 FEET EAST OF THE 1~EST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST- QUARfiER TO A POINT; THENCE Nt~RTH ~~°47`1" ~1lEST A DISTANCE OF ~.~~ FEET I~ARALLEL Ut11TH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER Tt~ A Pt~INT; THENCE NORT'N 0~°51'13" EAST A DISTANCE OF ~~~:3~ FEET PARALLEL. UVITH AID ~a.~t~ FEET EAST OF THE WEST Bs~UI~DARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A Pt~INT; THENCE SOUTH 89°~~'17" EAST A DISTANCE 01= 5.D0 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID Nt~RTH~UEST QUARTER OF THE N~}RTHEAST QUARTER TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS IARCEL ~ IN RECORD t~F SURUEY NO.8~87, RECORDED N01/EMBER ~5, ~~D~ AS INSTRUMENT NO, ~~9~3~34~9, RECORDS CAF ADA COUNTY', InAH}. ~~pl LAND tck' Q'~~ 7 R G ~~~ ~TF OF ~4~ 5~ y~~ N W . i~Rc, overland/Stoddard ALTA Su~ey ~~ Jab No. ~ ~-3 L ~.-~"° Land Surveying and CansulNng EXHIBIT A ~~~~ I C T ~ ~!'1~T/fnY M r]j Jp i ~ ff ~~ °5: YYLL 0 y.~ +;~ U fy~ J A ~ .+ ~, PhhE~. ~ '2 ~~. 0~. I?1 y ^4. 1 W. ~~ ~f~~~ ~/ ~Y I ~~~ 4 3yY ~~Jp~g ~~L~'pi{ ~N i ~v.4V ~t~P~ ~. ~ ~• .~~' ~ i'~ °~~" . ~~r ~ ~~~~ ~~,~~ r' r t~a ,1 w ~ ~ ~j ~ yr, ~ ~ ~ y y RpH~ V y" Tp, ?NSbs~wt aeuammf ~~kR. f w,M1 `~%~,,, LK ~3 dlr. 1 ~:Y. I^ 'a8 {~iv! '7 ~. K 96 `. Y ~y( !'L ~~,.vy ~pyry~~ ! ~t~~ ~yS $F V ~F 6yl~~ M1` ~f~~~Y ~Shc' ~~. C'A I~.~ i!~iJi C ~r ~~ 20~ ~~ ~~v~ ~ ~~s~~~ ~~~ : ~rr~~r~. s GJS~I'71A~E! .PSIkS. 4~.7G6F 4J'~ k.~ f' aAli!°!7/'-~ ~~~i:Ei,F4r ~ f8+ilf ~..:. . ~:~~ EXHIBIT B - 6 EXHIBIT A EXHIBIT B Conceptual Development Plan ~~I~~ ~~ ~~~~r 7ik~ ~~ T ~~~~ ~: EXHIBIT A Conceptual Landscape Plan w -~ ~~ q~l~,x+"~' ' ,,< r'~ , tom' I~Iflll]~IIf16 ~ ' ~l~ 9 ?1 ~. -~ .~~~ .:: . I ~ w ~.AhD ~ 1$ SroDDA~ ~ LI~MIAPE Pl.Ahl L-t~ -~"'~ ., ~IEPIDI~44~ IDAHO ~RCC4 N'N+11lRl.MR ,f111~11~M11y1 EXHIBIT A STAFF REPORT Hearing Date: August 23, 2011 ' TO: Mayor & City Council E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: MDA-11-005 -Walmart - Overland/Stoddard (fka 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. 8, umm L IlL iL In arv of Cit favor: Jo ~Rnocitio y Council Public Hear Ann Butler; Nick Tay n• Garrett Bisho~,;Bv ing: lor; i.eif Edmonson: an Heyborn: Heidi For ney; Adam Cl ark: Frank Ba 11L Co iy. W lkovetz mmenting ritten testi : Sarah Schmidt; La mony Frank Balkov ura Webb; .ary Inselm etz; Dan Albert; Adam an. ACHD & Ashley Clar k: Jim & Sa ra Schmid t; Shana Silvestri;Bv an Heyl~orne; Lori Mc Bride: Shelia & Terry 2, Hu ~ ta yi. Ot ev Is L Th nnic ~tt• ff nresent her staff c sues of Di e necessit eor e & .aura Web in~ application: Sony ommenting on annlic scussion by Council: y of an emerPency acc b; Patrick Morandi; Ke a Watters ation: Pete Friedman ess to the cite via Alask vin Denton Street (if the ccess is dee med not n ecessary by emergenc y service nrnvider.~the l andceane buffe r should con tinue alo ng the southern bound ary where Alaska Street currently stub s & a multi - /ica nnth rny .should ha rnnetrurtgd wit zn t e h.ffer that co nnects to the s idewalk alo ng Alaska Street & extends into the site & connects to th e se_n_ments of the pathwa y ~, rq 1L Fe Key C i. Co uired with ncing alon ouncil Ch uncil's m in the site): g the southern & wes anges to Staff/Commi otion with respect to tern boundaries of the s ssion Recommendation the fence along the sou ite thern bounda y of the s te wa s as follo ws. "The applicant w ill replace the existing vinyl fence w ith an 8-fo ot fen ce provid ed a r men an be reached wi h he homeo wner's associ ation and t he ~tlj a n ~ e~ty owners If th at cannot be accompli shed within a month. t he rec ommenda tion by staff with respect to landccapin~ be pursued after tha t's br ought bac k to City Council fo r consideration." Duri ng the Septem ber 27`h C itv Co uncil mee ting .the Applicant rrn vided documentation th at all of the ho meowner's in Be ar Creek did not consent to re al sing existing fencin g with 8-foot vinyl fencin g Walmart Overland Stoddard MDA-11-005 Page 1 EXHIBIT A Th erefore, th e Coun cil clari fied the reQuirement f - fence. allowing it t o be constr ucted a diacent to existing fencing in Bear Creek since a_greement/consent co uld not be reached to renla ce the eYistinA fencinn~(See DAnrovision #4.1.1 SI ji, Co nncil'c mo tion w ith recn ect to the emergency access to the site via Alaska Street s as follo ws. "If it's de termined by staff that the emergency access can be re moved, tha t the a ccess sh all he desi,~nerl col ,y as a pedestrian access. If the access ould rema in. tha t the d eveloper should redesign or renlace the bollards so ve hicular tra ffic ca nnot bv nasc " The Fire Department & Police Department are in ~ reement th at the e mer,~ene y accecc to the cite via Alaska Street can be removed ac it is not necessa ry. (e e DA pro visions #4.1.5 & 4. l.8) 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 % 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. 10th Street Bentonville, AR 72712-6489 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. Walmart Overland Stoddard MDA-11-005 Page 2 EXHIBIT A 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 VI. 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. Issues or concerns: None 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. 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 Walmart Overland Stoddard MDA-11-005 Page 3 EXHIBIT A 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 district 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 uses broken down as follows: 124K sf. building pad, a 60K sf. pad for amulti- tenant building, a lOK sf. pad, and two 6K sf. pads. A provision of the DA states that all buildings, with the exception of the two (2) 6K sf. pads at the northeast corner of the site, shall be limited to 1 S% over or under the sizes shown except that the largest building pad shall not exceed 170K sf. The provision also limits the number of buildings 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 but leave the ICONproperty under the existing DA. 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. Walmart Overland Stoddard MDA-11-005 Page 4 EXHIBIT A 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 suimnary 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 layout 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~s,~ 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, (attached hereto as Exhibit A) and shall be constructed prior to occupancy of the Walmart Overland Stoddard MDA-11-005 Page 5 EXHIBIT A 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 boundary, Econstruct a multi-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) °°~°~~ +''° ~~~° 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 °~ ~''°•-•-• °r '''° °°^°°~`••- t ~°••°'°~~•~•°~* ~'~r. In the interim of the ~athwa~g the east boundary being constructed a pedestrian connection shall be provided from Alaska Street at the south boundary to the Walmart site and Overland Road as shown on the concept plan with development of the largest building_pad. A 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 ~s 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 ap vers, 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 I-84, in accord with the Meridian Pathways Master Plan; and a time requirement for the pathways to be constructed 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 boundary 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 Walmart Overland Stoddard MDA-11-005 Page 6 EXHIBIT A or under the sizes shown on the concept plan except for the largest building pad which shall not exceed 170,000 square feet, and the minimum number of buildings allowed on the site shall 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 building 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 Stoddard 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 pertier~ half of this sites, .'' ~`'' ~''' * ~ ii a,.:.,o .,.i~.,,w, e.,,aa.,,.a v,...a ..i.,...,~ 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 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." 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 60 feet a 25-foot wide landscape buffer shall be constructed at the south property line, then a drive aisle, and then an additional buffer at the rear of the buildings, with an allowance for access to loading areas for the smaller retail 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 boundary 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 Outlot C will also face the south boundary. 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.1.a and 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 Walmart Overland Stoddard MDA-11-005 Page 7 EXHIBIT A to the landscaping requirements listed in UDC 11-3B-9C a & b. In order to replace the fence as currently required, consent from ALL of the property owners along the southern boundary would be required 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 would abut the existing g 4 '/~ 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 deciduous trees and shrubs that result in a barrier that allows trees to touch at the time of maturity in accord with UDC 11-3B-9C. (See provision #4.1.1 S 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 modifications.) • Delete provision #4.1.4 which states, " 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- parkingbetween 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 CZC for ICON Credit 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 guidelines contained in the City's Design Manual. Additionally, because of the changes to the proposed concept plan, staff recommends all buildings be subject to current UDC design requirements which require a S 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) Walmart Overland Stoddard MDA-11-005 Page 8 EXHIBIT A • 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. Staff 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 included at the request 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 included to specifically prohibit RV's from camping overnight on the subject property because this site has not been approved for a recreational vehicle park. 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 9 EXHIBIT A Exhibit A.1: Vicinity Map .. i f 1-rr1 rr~ ~~ ~~)• ., ___ .~_ --_ Walmart Overland Stoddard MDA-11-005 Page 10 EXHIBIT A Exhibit A.2: Previously Approved Conceptual Development Plan ~~ ~L T !NC at, eu..t _. ~ffT1IT1TTU ~ ~ ~FTTTiT1ITU - - - ~' .. ~ -- 1~ _ Chi. Va~ay ppQr a speed bamp ~:~.t .. Ya~ey mar a ~~ Walmart Overland Stoddard MDA-11-005 Page 11 EXHIBIT A Exhibit A.3: Proposed Conceptual Development Plan ~ ~ -- P I ^ 1 _. _._ ~ _._._. J 1 ~I NOT A PART ! ~ ~ = y~~~~~~~q COLORED ii COLORED nlllllt~ CONCRETE !' CONCRETE i i ~ ~ CROSSWALKI) CROSSWALK I' j ~ ~ -- ----- L ~~, I CCLORED CONCRETE ,F I ' cROSSwALK i ~' ' I' I PROPOSED 8 ! PEt~STRIAN j ACCESS ~ t COLORED ~ ` i CONCRETE i ~ i w i , ~ CROSSWALK ------- ~ - j ~a +. ~. S SPEED 2EDUCTION EMERGENOIf tiEASJRE 4EHKXE kGCESS 1 ~` ~~ J ~ _l GCE=,V~ ~ ~ ~ ~~~~,~W..~r~ .~» OF~p19, WA 5tl501 F (360) 7p5.5T6J CONCEPTUAL DEVELOPMENT PLAN xrs Walmart Overland Stoddard MDA-11-005 EXI~BIT B Page 12 EXHIBIT A Exhibit A.4: Proposed Amended & Restated Development Agreement Applicant's proposed provisions are as shown; staff's recommended changes are noted in strike-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 property. Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect for the subject property. 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 OwnerlDeveloper 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. OwnerJDeveloper 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 13 EXHIBIT A 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. 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. 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 14 EXHIBIT A 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. The Owner/Developer shall be responsible for all costs associated with sewer and water service installation. n..: ,. },. ; 4 ° ° c n r~°..}:f;nn}° ,.c ~„„;~n r,...-,..t;n~n° ~ ,- }~,° r;..nt b,,;_ta;,, . }i, n~°..°..4. n..,r °~m°.,°t n.«°~ ..~.ntt ,. >:.t° r:}.> e4nFF,,.;}t, n , o~ ~~°„ ~aa ,t,.n.,,.-.°„}/n\ »} ;,,n, .°L,;,,,.in« ,,.t n~L:«n- 1,°}..,°°,-. ~.bo °..4: °n °.~. 4t-.; .. n:}°. «.t h4:hR .. n }r 4t~u nlt; n..°«4 itu °t° r4 4n ° ° ' 7 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 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. T>^° a~;.,° n•nt° t°,... „cF4t,° :,.}°,-,.nt ~,tt n ,s}r 4„i~-,,.,-, n..°~tn..a n„na n»a ~. ° } /F Q4 .7i~i~ D ,a 4 4L,° n.«4t. ,,.t n} n.F }l.° °4n:1 1.,,;i,t:,, n< nb,nit t,° COTSIVIITCJ CDR ITiCO~L[C~GD1Ti uv. uu »..~a .. vv.. v~ ...... ...»... .....,».. .. »...+.-.bf ~•»•~ •••• 4~....4°.~ .,ti.° 4t~.° °r.4.,nt >t t } tnv, 41ia~i>°~t,: ntv~. w __ _. _ _ _ __ ___ _- _ .. __ _ - _- _ _ _ __ _ _ _ ~PL~7DILICII~OITLII u a»~ • ~aaa~.vv 11•+.....,,4 ..~41.°,.n,.L;«.. n.~.nn°n 141.nnL:..,.. n.,,4 :,,4n. }t,o_d~;s,o n:n " -~ arC_ I~cl ~. O'QC[~SSID VCLC IIlco SIIC ~I yc QI~av.>. I7R __o _ _._ __ -___- r_______o .r __: __ 8. Prior to issuance of the first Certificate of Occupancy for either of the two properties along the east boundarY• C-construct amulti-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) °^~°~~ 4>^° c.:4° along the east side of the property, connecting to the pathway on the ICON Credit Union site to Overland Road. Bollards shall be placed at the entrance of the nathwav where Alaska Street terminates to prohibit vehicular access to the pathwav. Prior to issuance of the Certificate of Occupancy for the largest building pad, 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 Walmart Overland Stoddard MDA-11-005 Page 15 EXHIBIT A the Overland/Stoddard intersection. In the interim of the pathwayalong the east bounda , 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 conceptual development plan with development of the largest building pad• a landscape buffer shall be installed along the southern boundary with bermin as hown on the conceptual landscape plan in Exhibit B. A ,public pedestrian easement shall be recorded for the portions of the pathway that lie outside of the right-of--way on the subject property; a copy of said easement shall be submitted to the Planninu 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 i~ are allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathways crosses drive aisles, the pathways,) 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 ~txidelines listed in the City of Meridian Design Manual, prior to all new construction on the Property. rri.e .,i i.,,;ia:r,. ~t,..n ,.+ i.e ,.~.;e„* .,, «i.o a ~ ,,. o o ...iin,~ z-~~t~ ~, 10. Development of this Property shall be generally consistent with the conceptual development plan (attached as Exhibit B). The largest building_proposed on the site shall be not exceed 170 000 square feet and shall have horizontal banding in a different color and/or material on the side and rear elevations of the building. Future development of the outlots depicted on the conceptual development plan shall be in accordance with the UDC applicable at the time of such development. 11. The following_uses shall be prohibited along, the southern half of this site: fuel sales facility building material garden ecLuipment & 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. Walmart Overland Stoddard MDA-11-005 Page 16 EXHIBIT A 15. As close as practicable to the existing Bear Creek Subdivision fence 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 ~1 addition to =-- -~--°a --•=`'- the landscaping requirements listed in UDC 11-3B- 9C.1.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. 18. Owner/Developer shall be responsible to install street lighting_along the project's frontaue 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 granting cross-access to the ICON Credit Union,Pronerty 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. 20. Overnight recreational vehicle ap rking/camping on the site is prohibited. 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 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 Walmart Overland Stoddard MDA-11-005 Page 17 EXHIBIT A 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 maybe 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. 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 OWNER/DEVELOPER: Walmart Real Estate Business Trust Sam M. Walton Development Complex 2001 S.E. 10th Street, Mail Stop 5570 Bentonville, Arkansas 72716-5570 Walmart Overland Stoddard MDA-11-005 Page 18 EXHIBIT A 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 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. 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 Walmart Overland Stoddard MDA-11-005 Page 19 EXHIBIT A 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 20 EXHIBIT A 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 Mayor Tammy de Weerd By: ATTEST: Jaycee L. Holman, City Clerk Walmart Overland Stoddard MDA-11-005 Page 21 EXHIBIT A 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 22 EXHIBIT A EXHIBIT A Legal Description of the Property EXHIBIT B - 1 EXHIBIT A LEGAL DESCRIPTION OVERLAND AND STODDARD PARCEL 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WEST A DISTANCE OF 219.15 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD AND PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 198.77 FEET PARALLEL WITH THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 89°47'17" WEST A DISTANCE OF 251.02 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00°12'43" EAST A DISTANCE OF 198.77 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT ON 7HE SOUTHERLY RIGHT-0F-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 252.86 FEET ALONG SAID SOUTHERLY RIGHT-0F-WAY OF W. OVERLAND ROAD TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED. AS PARCEL 2 IN RECORD OF SURVEY N0.8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 246.77 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE PONVT OF BEGINNING; THENCE CONTINUING SOUTH 00°44'30" WEST A DISTANCE OF 506.76 FEET ALONG SAID EAST BOUNDARY TO A POINT; THENCE NORTH 89°47'17" WEST A DISTANCE OF 465.48 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00°12'43" EAST A DISTANCE OF 506.73 FEET PERPENDICULAR TO THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 470.17 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 3 iN RECORD OF SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: ~?ini,s+L311t!$1®~„~~ C?verlaridlStoddard ALTA Survey r~W s Job No. 11-30 ~---~~""'s~"°'"°`°°'wn~° Page 1 of 3 EXHIBIT A 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WEST A DISTANCE OF 472.01 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'43" WEST A DISTANCE OF 705.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT; THENCE NORTH 69°47'17" WEST A DISTANCE OF 815.38 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE EASTERLY RIGHT- OF-WAY OF S. STODDARD ROAD; THENCE NORTH 00°51'13" EAST A DISTANCE OF 387.03 FEET ALONG SAID RIGHT-OF-WAY AND BEING PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; ThIENCE SOUTH 89°4717" EAST A DISTANCE OF 248.54 FEET PARALLEL WITH THE. NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00'12'43" EAST A DISTANCE OF 318.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°4717" EAST A DISTANCE OF 562.50 FEET ALONG SAID RIGHT-0F-WAY AND BEING PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 4 IN RECORD Of SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: A PARCEL OF LANG 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAtD CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST 80UNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WEST A DISTANCE OF 1034.51 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'43" WEST A DISTANCE OF 318.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT; THENCE NORTH 89°47'17" WEST A DISTANCE OF 248.54 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE EASTERLY RIGHT- OF-WAYOF S. STODDARD ROAD; THENCE NORTH 00°51'13" EAST A DISTANCE OF 298.49 FEET ALONG SAID RIGHT-OF-WAY AND BEING PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE ALONG SAID RIGHT-OF-WAY NORTH 47°51'01" EAST A DISTANCE OF 29.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" FAST A DISTANCE OF 223.23 FEET ALONG SAID RIGHT-OF-WAY AND BEING l~lf'l~~iCll~>tI~I~S Overland/Stoddard ALTA Survey Job No. 77.30 L_ /u"nsuneyxy,"scmwnns EXHIBIT A EXHIBIT B - 4 EXHIBIT A PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 51N RECORD OF SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WEST A DISTANCE OF 1257.74 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE SOUTH 47°51'01" WEST A DISTANCE OF 29.73 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF S. STODDARD ROAD; THENCE SOUTH 00°5i'13" WEST A DISTANCE OF 520.64 FEET PARALLEL WITH AND 30.00 FEET EAST OF THE WEST 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 EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 89°47'17" WEST A DISTANCE OF 5.00 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00°51'13" EAST A DISTANCE OF 164.87 FEET PARALLEL WITH AND 25.00 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 5.00 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 6 IN RECORD OF SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. pl LANO t a 11118 ~~~ 9T F 0 F ~~P y~ ~T ~N w . NPa -~,,,,,a~/~1~~~~~~ Ove~land/Stoddard ALTA Survey EXHIBIT A OVERLAND AND 5TODDARD PARCEL - EXHIBIT LOCATED IN THE NE 1/4 OF SECTION 24, T3N, R1UU, BM, ADA COUNTY, IDAHO /3 LiA5Y5 QF BEAR)WC s es 17Y7' E W. OVERLAND ROAD T,w9 Js' c i/4 g$-- - - - - - - - - - - - - 0 100 200 ~~ w~. A~ Q ~~ w _N ti ~ y }~rh ~ r x ~f Y ~ AlOT A P.1RT PARCEL 2 ; R7?M000001 RT2B8gp074 ~ ~ ~, 01~'AYTAAV ~ PARCEL S R7288(ADOD@< S dDY77T F W ~, PARCEL 6 e. S12?4i2P84Q tT ~~' I~ °~ h LA PARC.I~L 4 Si224i209U~ LANE TAL~C.E LAVE' LENGIH BEARING u f&"AR GNtY'K SL9'Y~SKN Aq ? PARCEL J 5!224120930 CN 1/76 Lv~ `<r' 4 ~ LL 11118 ~ ~~~`"~ ~~ut/~~~ ~9 &~~' ~ 11 P~ ~ Land Sunre n and Consuitin {~ti rE 0 F ~~ ~~ n+E eFn~rros nwo asrnrices srrowro oN nas z3 ~ e. sni sr„ ~. 9 9 roN w • NPR ocr~rT A~ easEO uvoov corm rc~FOaMAnoN ~~ 2eMa ~ "jzo°e~ ~~issT roc sr+owr+ orv aECOrro o~ sumiLr roo. asst. ~,.~~„~,~ EXHIBIT B - 6 EXHIBIT A EXHIBIT B Conceptual Development Plan ® 1 ~ ' ' ` a... Y i ~ r I NOT A PART ;t ~_ ~ = COLORED ~, COLORED j CONCRETE ;' CONCRETE j CROSSWALK I) CROSSWALK ~ ~ ~" ~ ~ ~ r-~ _ i I i i -- ----- ~ ~~` j ~~ i~ I ,~ ~ . _ ____ __~ COLORED I I ' ~ _ . ~I CONCRETE I CROSSWALK ' ~ r ~ _ i I ~ i PROPOSED 8' ~ ' PEt~STRIAN ~ ; I ACCESS ~ I caoREO ; ~ ' ~ CONCRETE ' ' i = ~ ~ CROSSWALK ( --~ ' ', SPEED', REDUCTION EMERGENCY `, , NIEASU'RE VEt~(X.E RCGESS ~~ ~ ~ - CONCEPTUAL DEVELOPMENT PLAN EXHIBIT B b06 Cdum4ta St. N.W.. ScAtt IQ6 T (]69) 78b9500 gynple, WA48501 i (760) )863267 ~$ EXHIBIT A i i e n ~ * • N t Conceptual Landscape Plan I > I I 1 > 1 1 i ~ I 1 1 I 1 I I I I I u 1 1 a I aIML IsgL ND (i{!1R IRi1L MO ~O~VL I~IL MO -- ~OOM~IOW. ~ J~OOI~MY~7ML ~~. ~lY1CL OC-~ItJiL '.I r {~y~,t~fA. t0ri Dori iCll! .;.. _~„ • v i11LY1i~fG. w}1pMD ~. esm r ~4` .. - haw .... ,r ~M+tl G1~~~'~Yd ~« r. rlwnr ~~ i Z'Oli I / f~R.AlaYRr 1 ~~ I s~t~ ~ l ~~r~ ~iF~t~i ~[ ~~~~ .r.wwv~s 'IL:~9d'Foc u...v ~aoav.vu Ou11~~ :~' ®r wrwa tin~,~ ~~w ~ ~ s w.. °~k :~ - ~ra ~~w~.~aasa~ ~ '7s>< J y iii7A.Gi~~~~3'fiis.~Te~~~' = ' t OUROT O ,~~ r..+ y M EOIi ~wlnlM~ Lw AA~:at "w" ""° ~...,,. w c+~uo ~ ~ ~ erooweo ro renoulK ortta