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13 acres imdeveloped in Parcel "A". It was noted that the owners are developing <br />restrictive covenants with the idea of enhancing the property, not only for this <br />project, but for future development, such as: minimur,i areas of development; <br />landscaping; exterior lighting; screening of utility areas and mechanical <br />equipment; types of building materials; and types of occupancies. Mre Neff <br />presented a plat of the entire area, explaining that Moen is taking two parcels, <br />"C" and "D" whieh are to be slightly reconfigured and combined and parcel "A", <br />will remai.n. It was clarified that parcel "B" is the multi-family property. The <br />re-configuration of parcels "A", "C", and "D" will be presented to the City <br />later. Assistant Law Director Dubelko advised that the proposed use does meet the <br />court settlement; however, legislation is being prepared to reflect an agreement <br />between the parties to develop it in this manner. Mr. Berryhill explained that <br />the judgement entry required that the northern most parcel must be a hotel <br />(Parcel "D"), the next one was to be office or hotel, and there was a proviso in <br />the judgement entry that allowed development of an office if a hotel user cannot <br />be found. They have submitted 30 or 40 rejection letters from various hotel <br />users. There ha.s been a first reacling on legislation to a11ow the City attorney <br />to modify the judgement entry to refleet the office use needs of both parcels <br />with a 5 story maximtun height on the buildings. It was clarified that there had <br />been no zoning changes, only a judgement entry which superseded the original <br />zoning of Single Family "A". Mr. Niargan questioned if the City felt that putting <br />hotels on parcels "C" and "D" would have had an impact to market- parcel "A" for <br />office use. The developer stated that the center lot had always been zoned for <br />office, and by not having a hotel on the site, there would be fewer trips per day <br />in and out of this development, and would also allow amre tmiform development. <br />There is no market at present for a full service hotel which was stipulated by <br />the judgement entry. Mr. Skoulis questioned if by Developers Diversified <br />requesting to put office buildings on Parcel "A" would they then come under all <br />the restrictions and regulations governing office buildings in the code. Mr. <br />Dubelko responded that they would as long as they were not required to do <br />somethi.ng that was more stringent than what the court decreed. He clarified that <br />the land was not zoned for office, but with respect to building an office on this <br />parcel, they would ha.ve to comply with those provisions of the Zoning Code <br />dealing with office builcLings which are not inconsistent with provisions of the <br />judgement. Mr. Skoulis wanted to lmow if they would be restricted from putting in <br />anything other than office buildings. Mr. Dubelko stated that he did not <br />participate in drawi.ng up the new legislation and clarified that this was an <br />agreed judgement entry between Developers Diversified and the City, not one that <br />was court dictated, and the legislation is a modification of that agreement. Mr. <br />Berryhill explained that the modification to be made was to the hotel parcel, and <br />there would be no right to construct a hotel. Mr. Tallon questioned if these <br />restrictive covenants would prevent any hotel development. Mr. Berryhill stated <br />that once Moen was on the site, ba.rring tearing down the building, it would <br />preclude the hotel, because the judgement entry «ould be modified to allow only <br />office, not a hotel. The only way a hotel could be built would be for all <br />parties, including the City, to approve the changee Mr. Berryhill stated that <br />they are going further than the judgement entry required in that they are going <br />through Council not just the Mayor. The developable area on parcel "A" is <br />projected at 200,000 square feet. The developers presented the original plan <br />showi.ng the first concept of this property with the hotel and office buildings. <br />The plans now call for only two access points, instead of three that were <br />allowed, one for the multi-family and one for the office property. The roads for <br />the two developments are totally separate with an entrance from Moen Drive to the <br />14oen building and a curb cut planned for parcel "A". A traffic light will be <br />2