LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek - Master File (Indexed)

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service described in Condition C-14. and if the necessary improvement is one for which the applicant is only required to pay a proportionate share, as opposed to the full share. and if at the time the applicant proposes to construct and occupy the phase or subphase of development. there is not sufficient public funds available to provide the required public share. the applicant may elect to pursue one oftvvo options: a. either the applicant can agree to wait to construct the phase or subphase until public funds are available for the public share of the required transportation improvements: or b. the applicant can elect to pay the public share of required transportation improvement and proceed with the phase or subphase. If this option is selected. the County agrees to then consider adoption of such procedures as are legally available to develop a reimbursement mechanism. such as Local Improvement District latecomers' agreement or other legal reimbursement mechanism whereby other property owners who develop their property beyond existing uses and benefit from such improvements at a later date will be charged a fair pro-rata share of the cost of such improvements from which they are then benefiting and from which the applicant can then be reimbursed for its payment of the public share of such improvement. Nothing in this section shall be construed to require the County to agree to the establishment of an Ll D. a latecomer's reimbursement or other legal reimbursement mechanism unless and unti I the County has complied with all of the constitutional and statutory requirements for consideration of such mechanisms, and then only if the County determines. in its sole discretion, that establishment of the reimbursement mechanism is consistent with those requirements. c. If the applicant provides the County with a proposed schedule of MPR development and the resulting oftsite traffic mitigation measures for which they expect there to be a County share. The Public Works Department shall include all projected County shares of those off-site traffic improvements in its proposed 6-year capital improvement program, so that the County can plan for funding within that 6-year timeframe. C-8 Grants and Local Match. Any portion of the improvement costs that may be funded by federal and/or state grants shall be applied to the County's share of the improvement first. The applicant's share of the improvement cost (or a portion thereof) shall be used to pay the ''local match" portion of any grants. If the total grant amount exceeds the County's proportionate share of the improvement cost, that excess portion of the grant shall be applied to reduce the applicant's proportionate share of the improvement cost. C-9 Offsite Improvements. Subject to the provisions of Condition C-6, Proportionate Shares. the following oftsite traffic improvements shall be required. at approximately the thresholds of development indicated. These improvements shall be imposed as conditions of approval of the site development plan and/or preliminary plat or binding site plan for that particular phase or subphase that includes the threshold of development indicated for the particular improvement and shall be constructed prior to final plat or binding site plan approval or occupancy. whichever is applicable and occurs first. As described in more detail in Condition C-17, based on the results of the monitoring program, the County may modify traffic improvement mitigation measures at these or other intersections or road segments or may adjust the timing of these offsite mitigation measures ifthe results ofthe monitoring justify such changes. Suncadia MPR Conditions of Approval December 2, 2008 Page 19 Index #32