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City Council Meeting <br />August 20, 2024 Page 10 <br /> <br />10. If applicable, a storm water maintenance and easement agreement in a form acceptable to <br />the City shall be executed and recorded with the final plat. <br />11. If applicable, a landscape and irrigation license agreement in a form acceptable to the <br />City shall be executed and recorded with the final plat. <br />12. The Applicant shall submit information demonstrating compliance with a Plat Opinion by <br />the City Attorney, to the satisfaction of the City, before execution or recording of the <br />Final Plat. <br />13. If necessary, the applicant shall provide the City with a copy of written permission for <br />any off-site grading work and storm sewer discharges to adjacent properties before <br />starting any site work, grading and as part of any final plat or final PUD application. <br />14. Before the execution and recording of a final plat for the development, the developer or <br />applicant shall enter into a Developer’s Agreement or a Site Work Agreement with the <br />City. Such an Agreement must be approved by the City Attorney and by the City <br />Council. The Agreement shall delineate who is responsible for the design, construction <br />and payment for the required improvements with financial guarantees therefore. The <br />Agreement shall outline any approved phasing plan. <br />15. The applicant or developer shall enter into a separate grading agreement with the City <br />before starting any grading activity in advance of final plat/ PUD approval. The City <br />Engineer shall review any grading plan that is submitted in advance of a final plat or final <br />PUD, and said plan shall document the extent of any proposed grading on the site. <br /> <br />PUD BENEFITS: Generally, the City grants flexibility through a PUD in order to receive benefits <br />beyond improvements that are required in City Code. The following represent benefits unique to <br />this project: <br />• Over 62% of the land preserved as Open Space in perpetuity, this is over 12% higher than <br />the minimum acreage required by City Code. <br />• Proposed restoration plan for the open space that exceeds minimum City requirements and <br />will create habitat for drought-tolerant native species to be reintroduced. <br />• Stormwater Irrigation Reuse system for irrigation of single family lots. <br />• 200 feet, or more, of buffer areas between existing single family lots and those in this <br />proposed development. <br />• Development theming consistent with, or exceeding, minimum architectural requirements <br />of the City’s Code. <br /> <br />FISCAL IMPACT: Approval of a Preliminary Plat and Preliminary OP PUD grant entitlements <br />to a developer. Therefore, there would be no fiscal impact to the City at this time. When the <br />property begins to develop, it will have municipal water service and will pay water connection <br />charges, building permit fees, and the like. <br /> <br />PREMATURE SUBDIVISONS: <br />Staff acknowledge concerns regarding water appropriations. If found that it is not in the best <br />interests of the City to approve development, and that this request is considered a Premature <br />Subdivision, the City would have to articulate such concerns and find that conditions exist to <br />warrant a denial on that basis. The City’s Premature Subdivisions ordinance is found in Section <br />103.00.025. Subsection C, Lack of adequate water supply, is copied as follows: