ICCU at TM Creek MDA (H-2020-0016) 3rd Addendum to DA (2020-070272) ADA COUNTY RECORDER Phil McGrane 2020-070272
BOISE IDAHO Pgs=18 CHE FOWLER 06/11/2020 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
3"d ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: I. City of Meridian
2. Brighton Land Holdings, LLC, Developer
3. Idaho Central Credit Union, Owner
THIS 3" ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this 9th day of Tune ,2020("3rd ADDENDUM"),by and between City
of Meridian,a municipal corporation of the State of Idaho("CITY"),whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Brighton Land Holdings, LLC,
("DEVELOPER"), whose address is 2929 W. Navigator Drive, Suite 400, Meridian, ID
83642 and Idaho Central Credit Union,("OWNER"),whose address is 4400 Central Way,
Chubbuck, ID 83206.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was recorded on,Tune 12,2014 in the real property records of
Ada County as Instrument No. 114045759 ("DEVELOPMENT AGREEMENT") and the
Addendum to Development Agreement that was recorded on August 11, 2016 in the real
property records of Ada County as Instrument No. 2016-073497 (1ST ADDENDUM TO
DEVELOPMENT AGREEMENT)and the 2"d Addendum to Development Agreement that
was recorded on November 29,2017 as Instrument No.2017-113747(2"d ADDENDUM TO
DEVELOPMENT AGREEMENT).
B. CITY and OWNER and/or DEVELOPER now desire to amend the
Development Agreement, 1"Addendum to Development Agreement and the 2"d Addendum
to Development Agreement,which terms have been approved by the Meridian City Council
in accordance with Idaho Code Section 67-6511.
NOW,THERE FORE,,in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
I. Owner and/or Developer shall be bound by the terms of the Development Agreement
and the I" Addendum to Development Agreement and the 2"d Addendum to Development
Agreement, except as specifically amended to include the concept plan, elevations and
gateway feature as shown in the Staff Report included in the Findings of Fact and
Conclusions of Law as attached hereto as Exhibit"A".
Yd ADDENDIJM TO DEVELOPMENT AGREEMENT- Iccu at TM CREEK—MDA 1I 2020-0016 Page I of 4
Meridian City Council Meeting Agenda June 9,2020— Page 193 of 318
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,
heirs,or successor shall not meet the conditions of this 3rd Addendum,and the Ordinances of
the City of Meridian as herein provided.
3. This 3rd Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs,successors,assigns and personal representatives,including City's corporate
authorities and their successors in office. This 3rd Addendum shall be binding on the Owner
and/or Developer of the Property,each subsequent owner and any other person(s)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 hereon 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
and/or Developer,to execute appropriate and recordable evidence of termination of this 3rd
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
Developer have fully performed its obligations under this Addendum.
4. If any provision of this 3rd Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this 3'Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This 3rd Addendum sets forth all promises,inducements,agreements,condition,and
understandings between Owner and/or Developer and City relative to the subject matter
herein, and there are no promises, agreements, conditions or under-standing, either oral or
written, express or implied, between Owner and/or Developer and City, other than as are -
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this 3rd Addendum 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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within 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.
- -G - This 31 Addendum shall--b--effective-as-ofthe date-herein-above-writte . --
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
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Meridian City Council Meeting Agenda June 9,2020— Page 194 of 318
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER: OWNER:
Brighton Land Holdings, LLC Idaho Central Credit Union
By: Qvtz"
By: �<��-----
�,e bcar� L. Phi I l irs, ��si�nf
CITE' OF MERIDIAN
By:
Mayor Robert E. Simison
ATTEST:
Chris Johnson, City Clerk
----- —---3'd ADDENDUM TO-DE-VEL-OPMENT-AGREEMEN-T--IC-CU-at-T-M-C-REEK---MDA-H-2020-0016 age 3-of-4---- - - - -
Meridian City Council Meeting Agenda June 9,2020- Page 195 of 318
STATE OF IDAHO )
. ss:
County of Ada, )
On this �rA day of ( 1t, ,2020,before m the*uesigned,a Notary Public in and for said
State, personally appeared I'G �� wn or identified to me to be the
40L R&POV of Brighton Lana Holdings,LILC,and acknowledged to me that he executed the
same on b9ialf of said Company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
(SEAL)
AMANDA MCCURRY 4Resi
bli f I a
COMMISSION#29628 t:
NOTARY PUBLIC My Commission Expires: $
STATE OF IDAHO
COMMISSION EXPIRES O4/162023STA1MY
O )
. ss:
County of.,�&,Bmaov—)
On this A day of (,1 fle- ,2020,before me,the undersigned,a Notary Public in and for said
State, personally appeared VO-A+ orc--vyl , known or identified to me to be the
CEO of Idaho Central Credit Union,and acknowledged to me that he executed the same
on behalf of said Company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
( AL) ANGELIA M. phALMER �Iic5-pfor
Notary State of Idaho otary PuIVdaho
Commission No. 14276 Residing at: Vow- do iD
My Commission Expires: 21
STATE OF IDAHO )
:ss
County of Ada )
On this 9th day of June ,2020,before me,a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of
-AhetLity-of.Mexidian.,�hr os�ecuted the instrument or the person that executed the instrument on 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.
(SEAL) Notary Public for Idaho
Residing at: Meridian,ID
Commission expires: 3-28-2022
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Meridian City Council Meeting Agenda June 9,2020- Page 196 of 318
EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[ENtN,
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Development Agreement for TM Creek
Subdivision(H-2015-0018,Inst.#2016-037777 and H-2017-0124,Inst.#2017-113747)to Update the
Existing Conceptual Development Plan to Allow for the Development of a Financial Institution with
a Drive-Through,by Dustee Woolstenhulme,Idaho Central Credit Union.
Case No(s).H-2020-0016
For the City Council Hearing Dates of: April 7 and 14, and May 19,2020 (Findings on May 26,
2020)
A. Findings of Fact
1. Hearing Facts (see attached updated Staff Report from the hearing date of May 19, 2020,
incorporated by reference)
2. Process Facts(see attached updated Staff Report from the hearing date of May 19, 2020,
incorporated by reference)
3. Application and Property Facts (see attached updated Staff Report from the hearing date of May
19,2020,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached updated Staff Report from
the hearing date of May 19,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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.
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
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 - 1 -
Meridian City Council Meeting Agenda Mayen, —PdWe11992odfW1E6
7. That this approval is subject to the Conditions of Approval all in the attached updated Staff
Report from the hearing date of May 19, 2020,incorporated by reference. The conditions 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 § 11-5A 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 modification to the Development Agreement is hereby approved
per the provisions in the updated Staff Report from the hearing date of May 19,2020, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. 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 may be 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.
F. Attached: Staff Report for the hearing date of May 19,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 -2-
Meridian City Council Meeting Agenda Mayen, —WdWellMadfB113
By action of the City Council at its regular meeting held on the 26th day of May
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED-----
COUNCIL MEMBER LUKE CAVENER VOTED ------
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED ------
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-26-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 -3 -
Meridian City Council Meeting Agenda Nn� ea, —PdWell 81odfWlEb
EXHIBIT A
STAFF REPORT E IDIAI'tiT ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/19/2020 Legend Icc R--T1
f
DATE: Continued from: 41712020, 411412020, = 0
t L�•�fiorr
and 51512020
xwk
TO: Mayor&City Council R-1 RUT �'LF
_L FROM: Sonya Allen,Associate Planner � = rill
208-884-5533 R-a Try-C C-C
R-a R-40 RUT
SUBJECT: H-2020-0016 — -
ICCU at TM Creek-MDA �!U T TN-R
R-40 1N-C
LOCATION: 3152 W. Peak Cloud Ln. TN'C C-C C-G
R-8
R1
hZE
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement for TM Creek Subdivision(H-2017-0124,
Inst. #2017-113747)to update the conceptual development plan for the site to allow for the
development of a financial institution with a drive-through.
II. SUMMARY OF REPORT
A. Applicant:
Dustee Woolstenhulme, Idaho Central Credit Union—4400 Central Way, Chubbuck, ID 83206
B. Owner:
Brighton Land Holdings,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642
C. Representative:
Aurora Riopelle,Lombard Conrad Architects— 1221 Shoreline Ln., Boise, ID 83702
III. STAFF ANALYSIS
The Applicant proposes to amend the conceptual development plan included in the existing
Development Agreement (H-2017-0124, Inst. #2017-113747). This property is zoned C-G and is
designated MU-C (Mixed Use — Commercial) on the Future Land Use Map in the Comprehensive
Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan.
The existing concept plan depicts building footprints for three (3) separate structures on Lots 9-11,
Block 2,TM Creek Subdivision No. 2. Structures are depicted adjacent to the street buffers along Ten
Mile and Franklin Roads to the north and west, and to the drive aisle along the south boundary with
parking internal to the site. A single driveway for a drive-through is depicted on the north and west
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sides of the building at the corner of Franklin and Ten Mile Roads.
The Applicant intends to combine the three(3) lots into one (1)parcel through a subsequent property
boundary adjustment application and construct one (1) building on the site for a drive-through
financial institution for Idaho Central Credit Union(ICCU).The proposed revised concept plan depicts
a c� 19,200 square foot eitgle 2-story 2-2-30+-foot tall structure with five (5) drive-thru lanes on
the n south side of the building adjacent to the st-Feet bt ram r along W Franklin na with an exit
driveway alefitt-h-e. live'st sidde, of the building adjaeen4 to the stfeet buffer- along S. Ten Mile . and
parking to the south and east of the structure.
The Development Agreement(DA)(H-2015-0018,Inst.#2016-037777)states, `Most buildings along
S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking
the pathway to provide security to the pedestrians and bikes on the pathway in accord with the
TMISAP." This provision is especially important as this site is situated at the corner of two major
access thoroughfares (Franklin & Ten Mile Roads) and is highly visible from these roadways. The
revised concept plan proposeds the building;^r--' p-11-anned to be built to the street buffers adjacent to
S. Ten Mile Rd. and W. Franklin Rd. with windows overlooking the pathway along Ten Mile Rd. as
desired affd with the five (5) drive-through lanes located to the south of the building will �.
visible from FfapAdi Ten Mile Rd. A ietiffg which is generally consistent with the intent
of the aforementioned DA provision.
The DA also requires all future development to be consistent with the design elements contained in
the Ten Mile Interchange Specific Area Plan(TMISAP), the design standards listed in UDC 11-3A-
19 and the design guidelines in the Meridian Design Manual, which has been replaced by the
Architectural Standards Manual.The following are goals and design elements in the TMISAP that are
applicable to the proposed development- Staffs analysis is in italics with updated comments from
the Memo to Council dated May 14, 2020, in underline format based on the revised concept plan and
building elevations included in Section V.B:
TMISAP:
• Traditional neighborhood design concepts with a strong pedestrian-oriented focus are
essential-the proposed drive-through use and design with 5 drive-through lanes is
extremely vehicular focused and not pedestrian as desired. Although the proposed use is by
nature vehicular focused,pedestrian walkways are proposed from perimeter sidewalks
along diacent streets and driveways to the main building entrance from all four sides of the
site consistent with the Plan and UDC 11-3A-19;
• Street-oriented design is critical in urban environments and especially at a gateway to the
Ten Mile Area such as this;buildings should be at or close to the property line creating a
consistent edge to the public space and making streets more friendly and walkable-the
proposed structure is separated by (5) drive-through lanes on the north side of the building
adjacent to W. Franklin Rd. and(1) driveway on the west side of the building adjacent to S.
Ten Mile Rd. The structure has been moved to the corner with the drive-through lanes and
parking to the south of the building creating a street-oriented design with a consistent ed e
to the public space making streets more friendly and walkable consistent with the Plan;
• All new commercial buildings should have a continuous unbroken frontage along required
build-to lines to a minimum height of 30 feet for at least 75%of the property frontage-the
proposed building height is only 22 feet; most of the existing structures in the overall
development so far are built to the frontage. Furthermore, the proposed building and site
design lack any gateway features or enhanced integration with the overall site and district,
despite the prominent corner visibility. Although the new building exceeds 30 feet at 36 feet
in height in accord with the Plan, it does not have a continuous unbroken fronta eg along
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EXHIBIT A
required build-to lines for at least 75%of the property frontage as desired—it is
approximately 64%as proposed;
• New buildings at street intersections should hold the corners and avoid additional building
setbacks unless a new public space is specified—the proposed building is set a substantial
distance away from the intersection and is separated by a major vehicular oriented use[i.e.
(5) drive-through lanes]; no public spaces are proposed. The building now holds the corner
at the intersection and avoids additional building setbacks consistent with the Plan;
• At least 40%of the linear dimension of the street level frontage shall be in windows or
doorways—while the west elevation is consistent with this design element, the north
elevation has no windows or doorways. The revised design of the building meets the
minimum 40%of the linear dimension of the street level frontage along Ten Mile and
Franklin Roads in windows or doorways as desired;
• The goal in these areas is to achieve a FAR(floor area ratio)of 1.00-1.25 or more—the
proposed development has a FAR of 0.06, which is 0.94 under the minimum desired. In
order to achieve this goal, and recognizing site limitations with the Ten Mile Creek,
buildings must be multi-story or make heavy use of shared parking areas and with less
vehicular-oriented design.Multi-story examples of other banks that would be in closer
alignment with FAR goals, exist at the NE corner of Fairview and Eagle and on the SE
corner of Eagle and Overland. So far, this overall area is not developing consistent with the
FAR goal in the Plan. The floor area ratio (FAR) has increased from 0.06 to 0.22 with the
increase in building square footage from 5,672 to 19,200 square feet. Although a substantial
increase, it's still not consistent with the goal of 1.00-1.25 or more in this area;
• Building heights should be 2-4 stories over much of the area with opportunities for taller
buildings in a few locations—the proposed building is only a single-story in height. So far,
the TM Creek commercial use area has only developed with single-story buildings; the
future commercial buildings to the east in the TN-C district are required by the DA to be a
minimum of 2-stories in height. Four-story apartment buildings have been constructed to the
east within the TM Creek area. Single story structures surrounded by surface parking and
drive aisles make it difficult for the plan to ever meet the unique destination elements of the
Plan that would draw and support broader demographic diversity important to many
employers. The height of the building was increased from I-story to 2-stories consistent with
the Plan.
UDC 11-3A-19:
• Site design: For lots with frontage on a public street, a minimum of 40% of the buildable
frontage of the property shall be occupied by building facades and/or public space; within
mixed use areas, buildings may be placed away from roadways if a minimum of 30% of the
buildable frontage is occupied by building facades and/or public space. The building is
proposed to be located away from the adjacent roadways; there are no buildings or public
space along the frontage of this property, however there are buildings along the buildable
frontage on the larger mixed use designated area. The updated building elevations are
consistent with the 30%ofbuildable frontage ofthe site occupied by building facades required
by UDC 11-3A-19 in mixed use designated areas.
• Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of 5 feet
in width is required to be provided from the perimeter sidewalk to the main building
entrance(s) for nonresidential uses; where the walkway crosses vehicular driving surfaces, it
is required to be distinguished from the vehicular surface through the use of pavers, colored
or scored concrete or bricks. There is a pedestrian walkway depicted on the site plan from the
sidewalk along Ten Mile Rd. to the main building entrance but there is not a pedestrian
walkway from the north from the sidewalk along Franklin Rd. Pedestrian walkways are
proposed from perimeter sidewalks along diacent streets and driveways to the main building
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Meridian City Council Meeting Agenda Kass ea,2=—RRW 1=off3dPffi
EXHIBIT A
entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19.
During the pre-application meeting, Staff discussed with the Applicant the need for the structure to be
built to the street buffer along Ten Mile and Franklin Roads and discussed other site design options.
These options consisted of locating the drive-through on the south side of the building or detaching
the drive-through from the building and locating it south of the building similar to that of CapEd Credit
Union located at the intersection of S. Meridian Rd. and E. Overland Rd. shown below.
The proposed updated plan is deficient if may e generally consistent with the goals and design
elements of the Ten Mile Plan as noted above. Due to its location at a major intersection and
gateway to the Ten Mile Area, development of this site consistent with the TMISAP is key.
A any feature in the form of a sign is proposed at the intersection within the street buffer to
announce arrival at"Ten Mile Crossing"as desired in the Plan. The Developer(Brighton) also stated
in an email to Staff that they intend to retain the area a bit and create an expanded plaza paver&
seating area with sandstone seating between the sign and the corner-details to be provided at a later
date. The Developer also plans to work with ICCU to create an improved area along the creek to the
east of the ICCU building for employees to gather and relax.
If the proposed eoneept plan is approved by City Couneil, Staff meommends as a proAsion o
the amended DA that se . - . - D14ded in the street buffer-s along S. Ten Mile Rd. and W.
ar-ehiteetur-al elements, or- a e of these elements to pr-oduee an appropriate bu
Note: Because this application only proposes to amend the concept plan, Staff did not review the
building elevations for consistency with the design standards in the Architectural Standards Manual.
This review will take place with submittal of a Design Review application with the Certificate of
Zoning Compliance application. Therefore, the elevations submitted with this application are not
approved.
IV. DECISION
A. Staff:
Staff recommends City Council consider if the proposed concept plan, elevations and ag teway
feature is are appropriate for this site and specifically in the Ten Mile Interchange area; i
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"Ser-eening shall be provided in the street btiff-er-s along S. Ten Mile Rd. and W. Fr-ank4in
Rd. adjacent to the (5) drive thfough lanes associated with the WCU building at thee
publie spaees and roadways."
B. The Meridian City Council heard these items on April 7 and 14, and May 5 and 19,2020. At the
public hearing on May 19',the Council moved to approve the subject MDA request.
1. Summary of the City Council public hearine:
a. In favor: Mark Heazle: Dusty Woolstenhulme
b. In opposition: None
C. Commenting:None
d. Written testimony: Aurora Riopelle,Applicant's Representative
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application: None
2. Kee issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. The inconsistency of the proposed development plan with the deli=goals and elements
of the TMISAP and the provisions in the Development Agreement:
b. What contribution if an vl toward the Ten Mile Area would the Applicant be making in
lieu of areas of non-compliance with the TMISAP?
C. Impact on Ten Mile Area and overall TMISAP if this development is approved as
proposed:
d. The uniqueness of this site in relation to other properties in this area due to its location at
a major intersection(Franklin/Ten Mile Rds.)at the gateway to the Ten Mile Area.
e. Council was generally supportive of the revised concept plan, elevations and planned
gateway feature and felt that although the plans don't meet all provisions of the
TMISAP,thev meet the general spirit of the Plan.
4. City Council change(s)to Staff recommendation:
a. None
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V. EXHIBITS
A. Existing Conceptual Development Plan
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B. Proposed Conceptual Development Plan&Building Elevations REVISED (dated: 5/14/20)
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Note: The design of this structure is required to comply with the design elements in the TMISAP as set
forth in the Development Agreement and with the standards in the Architectural Standards Manual.
Detailed review and approval will take place with submittal of a Design Review application.
— Page 8
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Page 11
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