HomeMy WebLinkAboutSubmittal-District 2a. 'Section 62-802. Development Agreement Necessary
The Commissioner wants assurance that the terms of the Development Agreement are
incorporated into the Ordinance to ensure compliance. He will therefore add the following
sentence to the end of this Section:
b. Section 62-803. Omni Media Towers Permitted within the Omni CRA
The Commissioner wants to be certain that Media Towers are not built in a cluster so he will add
the following language to the end of this Section:
c. Section 62-804. Building Criteria
With the binding of the Ordinance and the Development Agreement, and the reduction of the
size and nature of the Phase 11 retail development, it is important to memorialize that the parking
structure is to be approved to be used by both phases. Therefore, all parties agree that the
following language be inserted by the Commissioner after the third sentence in this Section after
the words "major public benefit.":
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d. Section 62-805. Visual Media DispIgy System Criteria
The Commissioner is requiring a constraint on the light levels. The change below should
already be included in the proposed ordinance, however, if it is not, The Commissioner should
make the following change: Add a Section 7 detailed below.
e. Section 62-806. Permit Application
The permit application should contain a study demonstrating that the proposed technology
will satisfy the criteria in Section 62-805, Section 7. The Comissioner will ammend the
Ordinance to read as follows:
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f. Section 62-806. Permit Application
The Administrative Fee shall be adjusted from the mural level of $500 to $2,500, The
Comissioner will ammend the Ordinance to read as follows:
g. Section 62-808. Annual Permit Fees, Permit Renewal Fees
The Administrative Fee shall be adjusted from the mural level of $1 per square foot to $10
per square foot. In the case of the proposed project, the fee will max out at $1.2MM. The
Comissioner will ammend the Ordinance to read as follows:
h. Section 62-812. Enforcement
To further ensure compliance with the terms in the Development Agreement, the Comissioner
wants the Development Agreement to be incorporatted in the Enforcement Section. Therefore,
The Comissioner will ammend the first clause in this section to read:
Submitted into the public
record in connection with
item PZ.16 & PZ.17 on 07.2210
Priscilla A. Thompson
City Clerk
i. Section 62-812. Enforcement
To incorporate stronger language, the Comissioner will ammend this section by adding the
following language to the end of the section:
The Commissioner has requested a copy of :
The Illuminating Engineering Society of North America's standards for brightness
I have assured him that the Developer will provide a copy to him.
In addition, the Commissioner acknowledges that any requirement that permanent jobs be created should
be attached to the Development Agreement (and thereby, Phase 11), not the Media Tower (Phase 1).
The Commissioner also acknowlegs that the City Manager should be responsible for approvals, not the
Planning and Zoning Director.
2. Development Agreement
The Development Agreement should be heard concurrently with the Ordinance. If it is not, The
Commissioner has agreed to move that they be considered together. The Commissioner shall make the
following proposals from the floor and each of these proposals is acceptable to the Developer:
a. 14'h Whereas Clause
This clause beginning "WHEREAS lack of certainty..," has implications that the Comissioner
does not appreciate, The Comissioner will ammend this Paragraph to read:
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Submitted into the public
record in connection with
item PZ.16 & PZ.17 on 07-22-40
Priscilla A. Thompson
City Clerk
b. Section 8 Part (a)
To promote a safe and welcoming pedestrian environment, the Commissioner wants to ensure that
the building illuminates the area. The following sentence shall be added by the Commissioner to
Section 8 Part (a).
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c. Section 8 Part (b)
The Comissioner desires that the Phase 11 project exceeds a minimum square footages of retail
space, but not exceed certain maximum size to ensure that the retail development is an
appropriate scale for the neighborhood. In addition, he is desirous that there be a cap on any
individual retail space to prevent the development of a "Big Box" retailer, The following
language shall replace the last sentence in Section 8 Part (b).
d. Section 8 Part (b); Definitions Section 3 Part (w)
The Comissioner wants to ensure that Phase 11 is built within 5 years. To compel performance
the following language shall be added to the end of Section 8 Part (b), by the Comissioner, to
create a penalty for non-performance:
In addition, the Commissioner will add this Omni Media Tower Supplimental Permit Fee to the
Definitions as Section 3 Part (w):
Submitted into the public
record in connection with
item PZ.16 & PZ.17 on 07-22-10
Priscilla A. Thompson
City Clerk
e. Section 8 Part (c)
To clarify the last sentence of Section 8 Part (c), the Comissioner will substitute the words,
"Trolley Route" with the words; "Trolley, Trolley Route."
f. Section 8 Part (c); Definitions Section') Part (u)
As part of the contribution to the Public Infrastructure, the Commissioner will demand that the
Developer establish a fund to support Museum Park and fund it with $8MM over 10 years. The
Commissioner shall append the following to the end of Section 8 Part (c):
In addition, the Commissioner will add this Trust Fund to the Definitions as Section 3 Part (u)
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g. Section 9
To ensure the Developer create and fund the MPMTF, The Commissioner will demande that a
performance bond be purchased. To memorialize this, the Commissioner will add a new Section
9 as follows:
3. Proposed Media Tower Ordinance
Submitted into the public
record in connection with
item PZ.16 & PZ.17 on 07-22-10
Priscilla A. Thompson
City Clerk