2013 001 Ordinance - Laserfiche WebLink

Home Browse Search

4. Improvements and Development Terms, Conditions and Deed Restrictions. The Improvements shall meet the provisions of the Planning and Zoning Corrunissions approval of December 3, 2012, a copy of which is attached hereto and incorporated herein as Exhibit "D" and the Zoning Board of Appeals approval of April 17, 2012 for BZA I Plan, a copy of which is attached hereto and incorporated herein as Exhibit "E" and the following terms, conditions, and certain deed restrictions: a. As part of the Permit Contingency, East Commons shall become the record title owner of the East Commons Property and have in place adequate financing prior to commencement of any work under this Agreement. b. Phase I shall include: 1) two (2) buildings on the front of the East Commons Property to be located facing North Commons and situated on each side of a private drive to be named East Commons Court, 2) a cul-de-sac street, or portion thereof as approved in the fmal development plan, and 3) storm water management facilities, as deemed necessary. The private drive shall not be a thru street. Subsequent phases of the Development contemplate additional buildings. The Phase 1 buildings shall be constructed first and prior to any other buildings on the East Commons Property being constructed unless East Commons obtains approval of an amended Preliminary and Final Development Plan from the Planning and Zoning Commission and the Village. Notwithstanding Phase 1 and any additional phases and or buildings, of the Development, as they are known, shall be submitted to the Village for review and approval in the usual course, and shall include final development plan review and approval by the Planning and Zoning Commission and the Village. c. Phase 1 Building 1 shall be approximately 5,400 SF and Building 2 approximately 10,000 SF. Any and all additional building(s) in Phase 2 are anticipated to range in size from 3,000SF to 26,000SF. Phase 2 shall mean any building or construction that is not included in Phase 1, as described above. It is anticipated that the building size and parking configurations of the Final Site Plan for Phase 1 and subsequent phases may vary from the Preliminary Plan based upon actual sales, leasing and end user requirements. Notwithstanding, any building shall be subject to both preliminary and final development plan review and approval by the Planning and Zoning Commission and the Village, if any of the following occur: i. If any Phase 2 building exceeds 26,000SF; ii. If Phase 1 Building 2 is under 10,000 SF; and/or iii. If any construction of a Phase2 building is proposed to be constructed prior to Building 1 or Building 2 in Phase 1. 3