HomeMy WebLinkAboutCC - Site Configerations DEVELOPMEHT
CLARK
Geoffrey M.Wardle
(208)388-3321
gwardle@clarkwardle.com
Electronic Mail(bparsons@meridiancity.org)
June 20, 2025
Attn: Bill Parsons
City of Meridian
333 E. Broadway Ave., Ste. 102
Meridian, ID 83642
RE: District Site Configuration
CW File#: 24101.0
This letter is provided for consideration by Meridian Planning Staff with respect to the proposed final
plat for a portion of the District at Ten Mile. It is our understanding that Meridian Planning Staff has
requested a written explanation for why the ultimate configuration of the site as depicted in the
proposed final plat is somewhat different from what was set forth in the conceptual development plan
and preliminary plat for the District at Ten Mile.
We note first the Development Agreement for District at Ten Mile (H-2023-0071), recorded on April 15,
2025, as Instrument No. 2025-022884 in the Official Records of Ada County ("District DA"), provides in
Section 5.1(a) that "Future development . . . shall be generally consistent with the conceptual
development plan, use area plan, mobility plan, preliminary plat, and landscape plan included below".
This language was incorporated in the District DA at the request of Meridian Planning Staff.
Under both the Use Area Plan and the Preliminary Plat incorporated in the District DA, a mix of
commercial uses of varying sizes were proposed within the area on the site rezoned pursuant to the DA
as "C-C Community Business." Of note, however, is the fact that the number and configuration of the
lots on the Preliminary Plat did not strictly align with the buildings and improvements depicted on the
Conceptual Development Plan or the Use Area Plan. That was due to the acknowledgment of both the
Applicant and Meridian Planning Staff that the District DA was incorporating a conceptual development
plan and that flexibility was required as development proceeded.
T 208.388.1000 251 E Front St,Suite 3rO
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clarkwordle.com Boise ID 83701
Date:June 20, 2025
Page: 2
Neither the District DA, nor the Meridian City Code, define the term "generally consistent". However,
from the process that the City of Meridian has undertaken in the utilization of conceptual development
plans and development agreements, the term "generally consistent with" has never been interpreted as
"identical" or "strictly adhering to," as some may imply. Rather, "generally consistent" has required
general adherence with the concepts set forth therein. Moreover, the City of Meridian has regularly
approved concept plans and preliminary plats that contemplate significantly more lots being proposed
and being configured essentially in a "modular"form, so as to afford development flexibility.
We note that similar language and similar depictions are regularly incorporated in development
agreements in the City of Meridian, without requiring amendments or modifications to concept
development plans or preliminary plats.
In the Development Agreement for Rackham (H-2019-0005), recorded on May 8, 2019, as Instrument
No. 2019-037825, in the Official Records of Ada County, as later modified by the Addendum to
Development Agreement for Rackham Subdivision (H2019-0081) (collectively "Rackham DA"), the City
of Meridian required that future development "shall be generally consistent with the amended
conceptual development plan . . . and conditions of approval associated with the preliminary plat."'
The Rackham DA incorporated a concept plan and a preliminary plat that identified the intended uses,
but provided flexibility for future development through the inclusion of a number of proposed lots that
did not necessarily correspond to every identified structure on the conceptual plan. In fact, the City of
Meridian has approved permits, without requiring modification to the Rackham DA to permit the
construction of the Hyatt Place, originally identified on the concept plan farther to the east, even though
there was a reconfiguration of the platted lots initially depicted on the preliminary plat to facilitate its
construction at 1175 S. Silverstone Way.
We note that similar language and similar depictions were incorporated in the Development Agreement
for Ten Mile Crossing (H-2020-0074), recorded on June 9, 2021, as Instrument No. 2021-089157, in the
Official Records of Ada County ("Ten Mile Crossing DA"). The Ten Mile Crossing DA had similar
requirement for requiring development be subject to the conceptual development plan incorporated
therein.'
The Ten Mile Crossing DA incorporated a preliminary plat that also included a number of proposed lots
that were configured in a modular manner to afford flexibility in future configuration. s The Ten Mile
Crossing DA incorporated a conceptual land use plan that identified the mix of future commercial uses
within the project.4 In fact, the City of Meridian appears to have approved permits without requiring
modification to the Ten Mile Crossing DA even though there was a reconfiguration of the platted lots
initially depicted on the preliminary plat to facilitate the construction of Scheels at 700 S. Wayfinder
Avenue.
'Rackham DA(Addendum),Section 5.1.
'Ten Mile Crossing DA,Section 5.1(32)
s Ten Mile Crossing DA, Exhibit A, p.40
4 Ten Mile Crossing DA, Exhibit A, p.49
Date:June 20, 2025
Page: 3
The foregoing demonstrate that both the City of Meridian and Meridian Planning Staff have interpreted
its requirement that development be "generally consistent" with approved concept plans and
preliminary plats to permit the reconfiguration of permissible uses identified on a concept plan, within
the areas identified by the concept plan, with modification to the lots proposed on a preliminary plat, to
facilitate the development of such, without requiring of amendment or modification of a concept plan
and preliminary plat.
As we prepare to finalize the development plans and applications for the first new area of the District, it
is our hope and expectation that Meridian Planning Staff will continue to do so.
Sincerely,
i
Geoffrey M. Wardle
cc: Client