Carefree Truth

Issue #361, December 19, 2014

 

 

Butte Properties owner Ed Lewis began by thanking the staff for their cooperation in drafting the Easy Street South Shared Parking Agreement, and the Council for hearing it.  He said there were many shared reviews and comments during the process.

 

 

 

Mr. Lewis explained that traditional parking codes around the country dictate on-site parking space requirements, with no recognition of shared parking.  In reality, many consumers park in one spot, walking between multiple businesses to shop and dine.  Traditional codes also fail to consider that different types of businesses peak at different times.  The Easy Street retail/condo project is a mixed use development, and condo owners with their residential parking space won't need a commercial parking space when venturing out to shop and dine, as downtown Carefree's layout is quite pedestrian friendly.  For visitors, the need to walk between businesses generates foot traffic and provides synergy.  A traffic engineering study commissioned by Butte Properties showed an abundance of parking in the commercial district except during festivals.

 

 

 

To ensure that a precedent was not being set, Councilman Marty Saltzman wanted a statement included clarifying that the shared parking agreement applied only to this project and was due to its unique nature.  Being a lawyer, he has seen other instances where exceptions of this nature have been used as a weapon by future applicants, and he wanted the Town to be protected before the fact.  

 

 

 

Mr. Saltzman asked for confirmation of his understanding that the rights were vested once the project received a building permit.  He believed that if permitted within 5 years, even if construction had not begun, the agreement then ran with the property.  Vice Mayor Les Peterson said he believed that only applied if the project remained unchanged, which is correct.  Mr. Lewis expressed no objection to adding that language to the agreement.  His lawyer suggested adding, "This agreement will automatically terminate if no permit has been issued for any improvement or no construction has commenced within the property within 5 years after the date of approval."  She will resubmit the document with the line included.

 

 

 

Councilman Mike Farrar questioned the section on Dispute Resolution.  He was under the impression that if it went to mediation, the decision of the mediator was binding.  Mr. Saltzman explained that it was only binding if both parties signed the document, that the mediator only suggests resolutions.  

 

 

 

Mayor David Schwan asked Mr. Salzman to make the appropriate motion.  "I move that, based on the unique requirements and needs of this particular project, we approve the Resolution 2014-15, authorizing the Mayor to execute the Easy Street South Shared Parking Development Agreement, subject to the minor changes we discussed tonight to paragraph 9.20."  Councilwoman Melissa Price seconded the motion.  It passed unanimously.

 

 

 

Mr. Farrar thanked Mr. Lewis for working with the staff and Council, congratulated him, and wished him the best.  Mr. Lewis thanked the staff, Mayor, Council, and Town Attorney for working with his team.  He declared the shared parking agreement a big step forward. 

 

http://vimeo.com/user18676056/review/113810346/e8e1092b70 

 

 

Lyn Hitchon

 

 

 

Prepared by Carefree Truth

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