AMENDMENTS TO THE 12 TH STREET LINCOLN PLACE DEVELOPMENT AGREEMENT

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1 AMENDMENTS TO THE 12 TH STREET LINCOLN PLACE DEVELOPMENT AGREEMENT Approve/not approve Ordinance Approval of the amendments (6-0) A request has been submitted by Greg Glissmeyer of Woodbury Corp. to extend the timeline of a development agreement for property on 12 th Street between Lincoln Avenue and Grant Avenue. The proposed extension would revise the completion date for the project from April 30, 2019 to April 30, In addition to the timeline extension, the amendment would also clarify that only office and/or commercial uses may take place on the remaining property and that no drive-thru restaurants would be permitted. The original development agreement was approved in 2007 and was amended in Since the development agreement was adopted as a condition of rezoning, the development agreement changes must be approved by the Council in a similar manner to a zone text amendment. A development agreement and conditional overlay was approved in 2007 for the development of three restaurants and a commercial pad on the south side of 12 th Street between Lincoln Avenue and Grant Avenue. The development agreement limited the possible uses to that which was proposed by the developer and expressly prohibited all other uses listed in the C-2 zone. A number of site plan and building elevation conditions were established in the development agreement as well as a timeline for completion. Since the development agreement was approved as part of a conditional overlay zone, any amendments to the development agreement must be reviewed and approved by the Council in a manner similar to a zone text amendment. Between 2007 and 2014, only one pad was developed and that was an Arby s restaurant on the corner of Grant Ave. and 12 th Street. This was mainly due to the economic downturn in In 2014, Woodbury Corp. requested several amendments to the development agreement. The first amendment changed the timeline for completion to April 30, The original timeline was four years from the original approval in The Ogden City Council Meeting: October 17,

2 second change was a minor change to the legal description of the property. The third and fourth amendments were specific to the development plan and to the buildings. The amendments included a change to the restaurant pad on the corner of Lincoln Ave. and 12 th Street from a sit-down restaurant to a drive-thru restaurant. The amendments also included some changes to the architecture and materials of the buildings to be constructed. All of the changes approved with the 2014 amendment constituted the first amendment to the development agreement and the Council approved that amendment on September 23, Since the first amendment to the development agreement took place in 2014, two of the remaining three building pad sites have been developed. Both of the new additions were drive-thru restaurants making three of four sites drive-thru restaurants. The remaining pad site, lot 3, is the subject of the proposed second amendment to the development agreement. October 3, 2017 The proposed amendments were discussed at the October 3, 2017 work session. No changes were directed as a result of the review. The current proposal is to amend the development agreement for the Lincoln Place commercial subdivision by extending the completion date from April 30, 2019 to April 30, 2024 and limiting the uses on lot 3 to office, commercial, or a sit-down restaurant. Because drive-thru restaurants have been established with the other three lots, and because Planning Staff has indicated that the original plan was for the lot to be office or general commercial, the proposed amendment would clarify that no drive-thru restaurant option would be available for lot 3. The Planning Commission reviewed the amendments at its June 7, 2017 meeting and forwarded a recommendation of approval with a vote of 6-0. The motion was made with the findings the amendment is consistent with the goals of the development agreement and that amending the development agreement is consistent with the general plan. There were no public comments given at the June 7, 2017 meeting. Ogden City Council Meeting: October 17,

3 1. Transmittal 2. Ordinance a. Exhibit A Second Amendment to the Development Agreement 3. Planning Commission Report 4. Letter of Request from Woodbury Corp. dated April 20, 2017 Council Staff Contact: Glenn Symes, AICP (801) Ogden City Council Meeting: October 17,

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