Resolution 5382 - Laserfiche WebLink

4.2 FINAL DEVELOPMENT PLAN AND MODIFICATIONS Within three years of approval of this Agreement by City Council, the Port shall submit the final conceptual site plan to the Planning Director for review and approval in accordance with EMC 19.29.090- 19.29.130. The final conceptual site plan may be modified from time to time to reflect changing conditions. If the Port fails to submit the final plan within the specified time frame and requests an extension, the City may impose additional standards on the PDO if such changes are based on changes in the zoning code or any other ordinances which have occurred since the original PDO approval was granted. If submission of final conceptual site plan is delayed as a result of events or activities outside of the control of the Port, including any appeals or litigation related to the Property, SEPA compliance or the project, the time period for submission will be extended accordingly. Modifications to the approved site plan shall be reviewed and approved according to EMC 19.29.120; except that • Any increases in building height beyond what is allowed in this Agreement shall be considered a major modification, • Any changes from an area originally planned to be occupied by a structure to public open space or recreational use shall be considered a minor modification, • Any relocation of buildings required in order to comply with City regulations or this Agreement shall be considered minor modifications. • Construction of parking structures in areas shown for parking shall be considered minor modifications. Minor modifications will be addressed administratively by the Director of Planning and Community Development, after consultation with affected departments and agencies. 4.3 PERMIT/CONSTRUCTION PHASING REQUIREMENTS The Port will construct the NMRP in accordance with the phasing requirements set forth below. The Port will be requesting permit approvals for some NMRP elements before other permits; and before the designs are completed on others. The City will allow approvals and permits to be issued in a timely manner, subject to compliance with applicable City policies, regulations and standards. In the event the Port fails to comply with these requirements, the City is authorized to withhold permits or, in the event work has commenced, issue stop work orders in order to maintain or obtain compliance with the schedule. 1. The division of the residential property must occur prior to issuance of permits for the residential units. 2. Prior to issuance of occupancy permits for nonwater-dependent uses, including residential use, improvements to 13th Street,West Marine View Drive, and the walkways along the shoreline edge must be substantially complete. 3. Public access components will be constructed as adjoining structures are completed. The Esplanade along the south side and the amphitheater will be completed in the initial phase of the project. S:1BLarsen\rezones\re2po56devagmt05prefinal.DOC 16