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10 <br /> <br />Per the Comprehensive Plan (page 3-27), an annual average of 230 units per year over each 5 <br />year phasing period not to exceed 345 units in any 1 year is allowed. At the end of the 5 year <br />phasing period, unallocated units will be averaged out over the next 5 years. <br /> <br />Nature’s Refuge is proposed to be graded and developed in one (1) phase. <br /> <br />Homeowner’s Association (HOA) <br /> <br />A homeowner’s association (HOA) shall be responsible for the ownership and long term <br />maintenance of the items detailed in Resolution No. 20-81, HOA Declaration and/or <br />Development Agreement. <br /> <br />Development Agreement <br /> <br />A Development Agreement shall be drafted by the City, executed by the City and the developer <br />and recorded by the developer. <br /> <br />Title Commitment <br /> <br />The City Attorney reviewed the title commitment and final plat and has the following <br />comments: <br /> <br />1. The signatory on the plat does not match up with the title work. The plat is drafted to <br />be signed by Preferred Builders, Inc. The title work shows title in preferred Properties <br />and Management, LLC, a Wyoming LLC. <br />2. There is a mortgage on the property reflected in paragraph 18 of Schedule B, Part II. <br />As the mortgage company is not a signatory, you will need to do the consent you have <br />done in the past. <br /> <br />Stormwater Maintenance Agreement <br /> <br />Under the City’s and RCWD Programmatic Stormwater Management Facility Maintenance <br />Agreement, the City will be responsible for maintenance of the stormwater management <br />facilities related to Pond 100, Pond 400, Infiltration Basin 10, Infiltration Basin 20, ACD 10- <br />22-32 ditch crossing culvert and outlet structure. RCWD is responsible for maintenance of <br />ACD 10 -22-32 per a recorded Easement for ditch maintenance. RCWD is requiring a <br />declaration of stormwater maintenance for Lake 200 and Lake 300 in which the HOA is <br />responsible for maintenance. <br /> <br />Rice Creek Watershed District (RCWD) <br /> <br />RCWD issued a CAPROC for Permit #17-122 on May 22, 2019. <br /> <br />Findings of Fact <br /> <br />The Findings of Fact for the Rezoning and PUD Development Stage Plan/Preliminary Plat are <br />detailed in Ordinance No. 05-18 and Resolution No. 18-70, respectively. The Findings of Fact <br />for the PUD Final Plan/Final Plat are detailed in Resolution No. 20-81.