Agenda - Council - 02/22/2005 - Laserfiche WebLink

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Developer must submit an amehded Dev~l°Pment Plan to the City for review and approval and that the standard applicable to t[~e City's review of an amendment to the Development Plan is the same as the standard applicable to the Ci~'s review and approval of the Development Plan. The approved Development Plan, ~ the same may hereafter be amended from time to time, is referred to herein as the "Devel6pment Pl~tn." 3.5. Recital Five. SubdiviS~ion 6 of the Town Center District Ordinance requires the Develope~ to submit a proposed Parking plan to the City for review and approval as a part of the Development plan. :The Development Plan does not include a parking plan. Subsequent to the City Council's apProva! of the Development Plan, the Developer submitted a parking plan for the portion of the SubjeCt ~Property legally described in the attached Exhibit A (the "Parking District") and the iCityCouneilapproved the parking plan for the Parking District on February 22, 2005: The approved parking plan for the Parking District, as the same may hereafter be amended from time:to time, is referred to herein as the "Parking Plan." 3.6. Recital S~. The Developer acknowledges that (i) the Parking Plan is based on a development plan that is not C~nsistent with the Development Plan; (ii) the City must either review and approve an amendment }o the Development Plan to conform the Development Plan to the Parking Plan or review and approve: an amendment to the Parking Plan to confom~ the Parking Plan to the Development Plat/before the Developer may develop any portion of the Parking District; and (iii) the 'DeveloPer~ may not develop any other portion of the Subject Property until the City has reviewed and apProVed a parking plan for that portion of the Subject Property. If, in the futtire, the DeVelOper desires to develop the Parking District in a manner that requires parking other than as de~;cribed in,the Parking Plan or to expand the Parking District, the Developer must submit an amehded Parking Plan to the City for review and approval. The standard applicable to the City's :review of an amendment to the Parking Plan is the same as the standard applicable to the City's:[evieW and apprOval of the Development Plan. 3.7. R. ecital Sov~en. pursuant to the terms of the Master Agreement, the Developer has conveyed the portion of !he Parking District legally described on Exhibit B (hereinafter "Parcel No: 1") and flie p6rtion~ Ofthe Parking District legally described on Exhibit C (hereinafter "Parcel No. 2") to the City, and the City will construct a parking ramp containing approximately 590 stalls on par(el No. li (the"Parcel No. 1 Ramp") and construct a parking ramp containing approximately S35 :stalls on Parcel No. 2 (the "Parcel No. 2 Ramp"). This Agreement refers to the Parcel :No. i1 Ra~rnp and the Parcel No. 2 Ramp and all driveways, sidewalks, utilities, elevators, lighting, landscaping and signage associated with the Parcel No. 1 Ramp and the Parcel No. 2 Ramp, collectively, :as the "Parking Improvements." The Parking Plan contemplates that the City will constm, ct the Parking Improvements and operate the Parking Improvements as public parking ramps, that a portion of the Parcel No. 1 Ramp will be used as a so called "park and ride'.' facility.and that a P°rti6n of the Parcel No. 1 Ramp and all of the Parcel No. 2 Ramp will provide parkin[ for the:prOperty within the Parking District. The number of available parking spaces in the Pa~king Im~r°Vements is not sufficient to fully satisfy the parking requirements for all of the parking DiitriCt if the Parking District is developed as the Developtnent Plan contemplateS,' To de'CeloP ;the Parking District as the Development Plan contemplates, the Developer may c0nstru~ct additional private parking spaces in the Parking District in a manner that complies with the ToWn Center District Ordinance or the City may, at its option, elect to construct additional parking spaces and to finance the construction of the 1713529v5