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! <br /><»02-2789/02-284L <br />January 24,2003 <br />Pages <br />The MCWD also has yet to grant stormwater/drainage plan approval, although Wyatt also indicates <br />that with the City’s emergency overflow issue resolved, he believes there arc no major concerns with <br />the plan. <br />At this time we cannot predict with great certainty whether MCWD approval will result in changes <br />that impact the plat layout, but it seems likely that such changes would be relatively minor. <br />General Development Plan Approval with Conditions <br />The Concept Plan Approval resolution stated that General Development Plan approval, including <br />preliminary plat approval, would not be granted until MCWD permits are in hand. Council has the <br />option of adopting the General Development Plan & Preliminary Plat Approval resolution subject <br />to conditions. The most important conditions to include from staffs perspective are: <br />1.If MCWD approvals result in revisions to the site plan and preliminary plat, the changes arc <br />subject to review by the Council and the Council has the option to not accept the changes. <br />2.A firm commitment is needed from the developer regarding the payment of the various <br />development fees based on the amounts or formulas as defined in Council’s approval of staff <br />recommendation December 9. <br />3.A firm commitment is needed from the developer regarding payment of a contribution toward <br />the City’s affordable housing program in lieu ofproviding affordable units within the project. <br />4.If for whatever reason (such as other agency requirements, inability to obtain other required <br />approvals, developer-driven revisions for any reason, etc.) there arc significant revisions to <br />the site plan, the amenities or any other aspects of the approved plan that staff finds to be not <br />in keeping with the City approved plans, the City Council rcscr\ cs the • 'ght to further review <br />and accept or reject those changes. <br />Council should specificallyrevicwpageI4ofthe Resolution, whiche.stablishesconditions that must <br />be met before final plat approval and/or before the rezoning will occur, and which provide the City <br />the ability to approve or reject future changes to the plans as approved at this time. <br />The developer has indicated he is willing to sign a waiver of any vested rights he may have accrued <br />by obtaining preliminary plat approval, to give the City an additional level of comfort with granting <br />the approvals requested based on plans that may need minor revisions prior to rezoning and final plat <br />approval. <br />i