Letter Spink Butler 041713RICHARD H. ANDRUS
JOANN C. BUTLER
T. HETHE CLARK
MICHAEL T. SPINK
(208) 388-1093
- - JBUTLER@SPINKBUTLER.COM
Apri117, 2013
Sonya Wafters, Associate City Planner
City of Meridian Planning & Zoning Department
33 E. Broadway, Suite 202,
Meridian, ID 83642
RE: Wal-Mart Overland & Stoddard, Store #3093 (S); Meridian, Idaho
Applications for Development Agreement Modification, CZC Modification,
and Design Review
SB File No. 21622.35
Dear Ms. Wafters:
This firm represents Wal-Mart Real Estate Business Trust and Wal-Mart TRS, LLC
(collectively, "Wal-Mart"), the owner of approximately twenty acres of land located at the
southeast corner of S. Stoddard and W. Overland Roads in Meridian, Idaho (the
"Property"). The zoning designation for the property is C-G "Commercial General"; the
Design Review planning classification is "Urban/Suburban."
Background
Development of the Property is subject to that certain Amended and Restated
Development Agreement, approved on October 4, 2011 and recorded on December 7,
2011 as Instrument No. 111099622, official records of Ada County, Idaho (the
"Development Agreement"). The Development Agreement included a site plan that was
considered and approved with Wal-Mart's previous certificate of zoning compliance
("CZC") (CZC-11-045) and design review approvals (DES-11-026) (collectively, the
"Approvals").
The Development Agreement requires Wal-Mart to install aneight-foot vinyl fence as
close as practicable to the existing Bear Creek Subdivision fence along the southern
251 E. FRONT'STREET
SUITE 200
P.O. BOX 639
BOISE, IOAHO 83701
208-3BB-1000
20B-3BB-10010
W W W.SGINKBLRLER.COM
Via Hand Delivery
Sonya Wafters, Associate City Plarmer
City of Meridian Planning &, Zoning Department - .
April 17, 2013
Page 2
boundary of the Property. At the request of the City, and subsequent to the Approvals,
Wal-Mart is proposing to substitute aneight-foot precast concrete fence (the "Concrete
Fence ') in place of the vinyl fence. The attached applications intended to document
thatchange include: development agreement modification; CZC modification; and design
review approval.
Application Materials Submitted
The Concrete Fence is the only modification proposed to the approved project, which is
nearing the completion of construction. Because there are no other changes proposed,
Wal-Mart is incorporating the Approvals and their associated application materials into
these applications by reference.
In' addition; we enclose the following:
• Scaled plans, elevations, and photographs. showing the building materials, colors,
and textures of the Concrete Fence;
• An updated Landscape Plan (that is, Exhibit C to the Development Agreement)
with the Concrete-Fence identified near the southern boundary of the Property;
and
• A proposed Amended and Restated Development Agreement (showing changes
in redline).
These applications have been made subsequent to final Approvals and issuance of
building permits as an accommodation to a request by.the City. Construction of the
project is nearing completion. Our client's response to this request involves a high level
of unexpected cost. Accordingly, we are requesting a waiver and/or refund of the fees
associated with these applications.
Narrative -Development Agreement Modification
The proposed modification to the Development Agreement allows for installation of the
Concrete Fence. Because improvements on the Property are under construction and
nearing completion, installation of the Concrete Pence may not be complete before the
store opening..Hence, the modification also provides that the City will issue a temporary
certificate of occupancy prior to completing of installation of the Concrete Pence. Finally,
the modification addresses a housekeeping matter by replacing the legal description ,
attached as Exhibit A with the legal description and record of survey prepazed in
connection with the property boundary adjustment approved by the City (PBA-12-003)
and recorded on May 11, 2012 as Instrument No. 112044809.
Sonya Wafters, Associate City Planner
City of Meridian Planning & Zoning Department
April 17, 2013
Page 3
Per the Application Checklist, the specific sections of the Development Agreement to be
modified (and a summary of the proposed modifications) are, as follows:
• New Recital Paragraph B; Modified Paragraph C: These changes reflect, as a
housekeeping matter, that the current Development Agreement will be replaced
by the document proposed with this application.
• New Recital Paragraph D: More housekeeping. This new recital indicates that
Exhibit A has been replaced with the updated legal description described above.
• New Recital Paragraph K: This recital paragraph discusses the Concrete Fence,
and references the fact that Exhibit C (the Landscape Plan) has been updated to
identify the Concrete Fence rather than a vinyl fence.
• New Recital Paragraph L. This recital paragraph discusses the requirement for a
temporary certificate of occupancy to be issued by the City if installation of the
Concrete Fence is not completed prior to the store opening.
• Paragraph 4.1.13. This. paragraph is modified to indicate the Concrete Fence will
be in place of the vinyl fence.
• Paragraph 4.1.14. This paragraph is added to include issuance of a temporary
certificate of occupancy by the City.
• Exhibit C. Anew Exhibit C/Landscape Plan is attached that identifies the
approximate location of the Concrete Fence.
Narrative -CZC Modification /Design Review
As mentioned, the project has a current CZC and design review approval. In accordance
with discussions with Staff, Wal-Mart has submitted an application to modify the prior
CZC approval, as well as an application for design review approval in connection with
the Concrete Fence.
Once again, these applications to install the Concrete Pence do not modify any other
element of the Approvals. We hereby incorporate the narrative previously submitted in
connection with the Approvals, as well as Wal-Mart's responses to the City's
Urban/Suburban Design Guidelines Design Manual Compliance Checklist. ht addition,
the following elements of the City of Meridian Design Manual are promoted by the
Concrete Fence proposal:
C-1.1.3.1.4. The Concrete Fence will reduce and mitigate impact on adjacent
properties; and
C-2.4.2:2.; C-2-5.2.2 The Concrete Fence is precast concrete that will be colored and
stamped to be complementary and cohesive with the design of the larger project.
There will be no blank wall segments on either side of the Concrete Fence.
.. ,
Sonya Wafters, Associate City Planner
City of Meridian Planning. & Zoning Department
Apri117, 2013
Page 4
Conclusion
We thank the City, in advance, for its review of these applications. We.look forward to
discussing these matters with Staff and/or with the City Council at its next available
public hearing.
Very trlulynyours,
~hl'W~n ~v~
JoAnn C. Butler
JcB:g
Enclosures
c: Elvin Sutton (via email)
Rebekah Rodriguez (via email)
Brian Cutting (via email)
Deborah Herron (via email)
Nick Taylor (via email)
T. Hethe Clark (via email)