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L <br />i <br />RooK 81 F,, HL 73 <br />Commissioner Scurlock asked if they have reserved capacity <br />for the project, and Director Keating advised that we just got <br />the response that water and sewer and landfill capacity are <br />available. Through the DRI process, the major considerations are <br />infrastructure. Any time there.is a Development Order (D.O.) <br />issued, they actually have to have a concurrency determination. <br />Commissioner Scurlock stressed that if they haven't reserved <br />capacity, it would be a conditional concurrency, and if we have <br />to -expand the system, we must have a developer's agreement with <br />them prior to approving this. <br />Utilities -Director Pinto informed the Board that in the mall <br />portion his department reviewed, as far as the structure they are <br />going to build, they have 424 wastewater units reserved and 274 <br />water units reserved. It was their estimation that was adequate. <br />Commissioner Scurlock asked if that takes care of the <br />peripheral areas, and Director Pinto advised that it does not, <br />and we may need a Developer's Agreement regarding that area, but <br />he further noted that when the applicant put all this land <br />together, some of the land they purchased already had sewer and <br />water obligated to it from the Route 60 assessments. <br />Commissioner Scurlock had another question in regard to <br />concurrency as to whether they exceeded transportation levels at <br />43rd Avenue and do we have a Developer's Agreement for any <br />improvements needed there. <br />Director Keating explained that the D.O. actually will <br />constitute the Developer's Agreement; it identifies what the <br />developer has to do and in what time frame. The DRI Develop- <br />ment Order- commits the applicant to fund the needed improvements. <br />Discussion continued at length about the "hooks" we have to <br />guaranty the applicant pays for the improvements to remedy any <br />impacts they may cause. The question of conditional zoning came <br />up, and Attorney Vitunac pointed out that the whole idea of a DRI <br />is conditional zoning under the statutory method, which is <br />authorized - a DRI is a conditional zoning. <br />34 <br />- M <br />