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*04-2974 Stoncbay Marketplace <br />June 2S, 2004 <br />Page 2 <br />The applicant ’s attorney has suggested a number of minor technical changes to the Preliminary Plat <br />Resolution and the General Concept Plan Approval Resolution you adopted on June 14. The City <br />attorney and I are reviewing these changes and for the most part they arc inconsequential. Note that <br />Reliance Development Company LLC is assigning their interests to a replacement entity, Stoncbay <br />Commercial LLC, for legal purposes. This still involves the same individuals, however. Documents will <br />be revised to reflect the assignment. <br />The applicants attorney has requested that the rezoning ordinance add to the list of allowed uses a final <br />line item, “29. Other non-food retail uses”. Given the effort Planning Commission put into establishing <br />this list of allowed uses, such an addition would open the door to unlimited retail uses which are not <br />acceptable to the City. Therefore, staff has rejected this requested change. If an unlisted use is <br />requested, staff would reject it and the applicant at that time could appeal staff s interpretation and <br />request PC/Council action to determine whether the proposed use is similar enough to one of the listed <br />uses as to be allowable, or would have to request to amend the PUD. <br />The City Engineer will be providing a final letter establishing the required amount for the letter of credit. <br />Staff Recommendation <br />Staff is satisfied with all aspects of the application, except as noted above. The applicant has complied <br />with the conditions establish,.! by the City in the Comp Plan Amendment for this site, and has revised <br />plans to be in conformance with the recommendations of the City Engineer and the City’s Planning <br />Consultant. <br />Staff recommends adoption by individual motions of the following documents: <br />1) General Development Plan Approval and Final Plat Appro val Resolution (Exhibit A) <br />2\ Rc/oning Ordinance (Exhibit B1 <br />3) Acceptance of the PUD 4A Agreement and authorize Mayor and staff to execute said <br />agreement upon City Attorney acceptance of final language. <br />Note that as of this writing, final drafts of all documents are under review, and slight revisions <br />to those attached may be presented Monday night prior to Council action. <br />COUNCIL ACTION REQUESTED <br />1.Motion to adopt “A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN <br />APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 4A FOR STONTBAY <br />COMMERCIAL LLC AND APPROVING THE PLAT OF STONEBAY COMMERCIAL <br />- FILE NO. 04-2974".