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Tara Green
From: Richard H. Andrus [randrus@spinkbutler.comj
Sent: Tuesday, September 23, 200810:55 AM
To: Sonya Wafters; Tara Green; Machelle Hill; Nancy Radford; Jaycee Holman
Cc: Russell Merrill; Alan Durrant; Thomas Krause; Hethe Clark; Kathy Hall
Subject: DBSI - DA Language (CPA-08-005; RZ-08-003)
Sonya:
As we discussed this morning on the phone, please find below the proposed revised language for Condition #5 for
the Development Agreement for Kennedy Commeraal Center. We believe the proposed language helps clarify
the relationship between the older approvals and the more recent approvals. We believe this cximports with the
Citjr's original request that DBSI apply for the present rezone and comprehensive plan amendment. The City had
originally suggested that DBSI make the current applications to allow for the use by the University of Phoen6t
(which would not have been allowed under the CUP and the okf 1-L zoning).
The Applicant shall comply with all applicable previous conditions of approval for this site,
including those associated with CUP-01-009, PP-07-013, and FP-07-036. u o the extent a
condition of approval and/or zoning determination for this site conflicts with another
condition of approval and/or zoning determination for this site, the more recent condition
of approval and/or zoning determination shall control.
We look forward to discussing this matter with the City Council this evening.
Richard H. Andrus
Spink Butler, LLP
251 E. Front Street, Suite 200
PO Box 639
Boise, ID 83701
208-388-0230
208-388-1001 (fax)
randrus@spinkbutler.com
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