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13.Before the execution and recording of a final plat for the development, the developer or applicant shall <br />enter into a Developer’s Agreement or a Site Work Agreement with the City. Such an Agreement must <br />be approved by the City Attorney and by the City Council. The Agreement shall delineate who is <br />responsible for the design, construction and payment for the required improvements with financial <br />guarantees therefore. <br />14.The applicant or developer shall enter into a separate grading agreement with the City before starting <br />any grading activity in advance of final plat approval. The City Engineer shall review any grading plan <br />that is submitted in advance of a final plat, and said plan shall document the extent of any proposed <br />grading on the site. <br />FISCAL IMPACT: <br />Approval of the Rezoning, Preliminary Plat, and Variances grant entitlements to a developer. Therefore, there <br />would be no fiscal impact to the City at this time. When the property begins to develop, it will have municipal <br />water service and will pay water connection charges, building permit fees, and the like. <br />PUBLIC HEARING: <br />A public hearing was posted in the Stillwater Gazette on April 3rd, 2026, and a notice was mailed to property <br />owners within 500’ of the outermost property boundaries on March 30th, 2026. It was also added to the City’s <br />Push Notification list. <br />At its regular meeting on April 13, 2026, the City’s Planning Commission held a public hearing on the proposed <br />project. Several residents were present that provided comments on the proposed project. Commenters were <br />supportive of the changes proposed in the new layout for the Highpointe Crossing development. No other public <br />comments have been received on these requests since the public hearing. <br />OPTIONS: <br />1.Approve the preliminary plat, rezoning, and requested variances; or <br />2.Approve the preliminary plat, rezoning, and all or select variances with conditions as recommended by <br />staff; or <br />3.Deny the preliminary plat and requested variances. <br />RECOMMENDATION: <br />Based on the above review, City staff find the proposal to be generally in line with the City’s adopted ordinances <br />and policies. The Planning Commission discussed the project at its April 13, 2026 meeting and unanimously <br />voted to approve all items, including a modification to the requested setback variance, with conditions. Staff is <br />therefore recommending conditional approval of the preliminary plat, variances, and rezoning. Example motions <br />are provided on the following page.