TO: Chair and Members of the Board
FROM: Diane Colonna, Executive Director
DATE: April 12, 2017
Title
CONSIDERATION OF MARGATE CITY CENTER SITE PLAN
Body
BACKGROUND: The Margate CRA and New Urban Communities LLC entered into a Development Agreement for the Margate City Center project, effective July 19, 2016. Pursuant to the original Critical Path schedule contained within the Agreement, New Urban was to submit their site plan application to the City and CRA by March 16, 2017. This date was later extended to August 7, 2017 by the CRA Board, through a Second Amendment to the Agreement. New Urban submitted the site plan package on the original deadline date, March 16th.
The Critical Path provides sixty (60) days for the CRA to review and act on the site plan. Section 5.3 of the Agreement states that that the Developer is to submit to the CRA the proposed Site Plan, preliminary civil engineering, design elements, etc. It states further that "The CRA shall approve the foregoing if they are substantially consistent with the Pre-Development Plan attached hereto as Exhibit B."
The Pre-Development Plan is not at the level of detail as a site plan submission, and it was understood at the time that the Agreement was drafted and approved that the actual Site Plan may contain some deviations. In order to allow for some flexibility in the design, Paragraph 5.5 of the Agreement identified elements that would be considered a significant or "Material Change" to the approved plan. That section states as follows: ".......a 'Material Change' to the Site Plan means and refers to a requested change, alteration or modification that (i) increases or decreases the total number of residential uses by greater than five percent (5%), (ii) changes the composition of Units (number of bedrooms) by greater than ten percent (10%), decreases the amount of square footage in the Commercial Component by greater than five (5%), (iii) eliminates any improvement constitut...
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