Loading...
HomeMy WebLinkAbout7C - The Wilds Phase I .' ,"" STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: ~~ANK BOYLES, CITY MANAGE~} CONSIDER APPROVAL OF A~ENT TO DEVELOPERS AGREEMENT FOR THE WILDS PHASE 1 MAY 16,1994 INTRODUCTION: Prior Lake Development L.P. and the City of Prior Lake have entered into a development agreement for Phase 1 of The Wilds. As part of that development agreement, securities have been provided to the city to assure that sewer and water utilities, storm sewer and streets are installed in accordance with city specifications and time lines. Exhibit I of the agreement also identifies improvements which may occur after the completion of Phase 1 for which the company bears some financial responsibilities. The purpose of this agenda item is to identify a means through which a security can be provided to assure that the work set forth in Exhibit I of the agreement is guaranteed for payment after it is finally completed. DISCUSSION: As part of the development agreement for Phase 1 of The Wilds, the City and developer agreed that it would be appropriate for The Wilds to pay its proportionate share of C.R. 83 and Oaks Lane improvements and all or part of the following intersections: C.R. 83 and C.R. 42; Wilds Parkway and C.R. 83; and Oaks Lane and C.R. 83. Exhibit I is attached for Council information. The development agreement also requires that a letter of credit in the amount of one million dollars and a performance bond in the amount of approximately four million dollars be provided to the city to guarantee the completion of all .developer improvements. associated with Phase 1. Unfortunately, the improvements set forth in Exhibit I are not identified as part of the .developer improvements.. Therefore, there is no security assuring payment for improvements called forth in Exhibit I. The agreement does provide, however, that special assessments may be levied to pay for the improvements called forth in Exhibit I. This provision is onerous to developers of future phases of The Wilds such as David Carlson who proposes to develop Sterling North. He must advise his home buyers that they may be assessed for unknown road improvement costs at some unknown date in the future. This fact severely undermines the marketability of the project. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER T Y" '! ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: AGN7CWRT We have discussed this issue with Dick Burtness who agrees that a means must be found to eliminate the liability of future developers and property owners for these improvements. The least expensive and most acceptable means of doing this is to amend the developers agreement for Phase 1 to provide that the letter of credit and performance bond are also intended to secure payment for the C.R. 83, Oaks Lane and intersection improvements. Attached is a copy of amendment #1 to the development agreement between the City of Prior Lake and The Wilds Golf Club and Residential Planned Unit Development prepared by Bill Griffith of the Larkin, Hoffman law firm. The bold type is langauge to be added to the original agreement. This addendum will allow the City to retain these securities until such time as the road improvements have been completed, costs are known, the developer has been billed and payment has been rendered. At that point the securities would be reduced or released completely, depending upon the status of the remaining obligations under the Phase 1 development agreement. The Council's alternatives are as follows: 1. Authorize amendment #1 to the development agreement between Prior Lake and The Wilds Golf Club and Residential Planned Unit Development, Phase 1. 2. Take no action with respect amendment #1 and direct the staff to amend the proposed development agreement for Sterling North to incorporate both the responsibility for and security guaranteeing payment for the proportionate share of the road costs attributable to this phase. 3. Take no action and defer further consideration on Sterling North until this matter has been resolved. Alternate 1. This alternative represents the most straight forward and least expensive means of assuring that subsequent phases of this development can continue while also guaranteeing that The Wilds Phase 1 will pay for its proportionate share of the applicable road improvements. Motion, second and vote to approve amendment #1 to the development agreement between the City of Prior Lake and The Wilds Golf Club and Residential Planned Use Development Phase 1. -2- T Y. , OXHIBIT U ~PBCIAL CONDITIONS FOR SUBSEOUENT P~ES ~ 10. 9. The Developer will be responsible for the residential equivalent cost to extend sanitary sewer and watermain along CR 82 to the west edge of the plat when Outlot X is developed. The Developer will be responsible for the cost to improve Oakes Lane to City standards when Outlot 0 develops. The City will determine what standards Oakes Lane will be improved to. Any "contribution" provided by the Dakota Community will be deducted from the amount owed by the Developer. .. 12. The Developer will be responsible to pay for improvements to County Road 83 when the roadway is widened to a four lane facility. The Developer's cost will be determined by pro- rating the cost of the improvements from Wilds Trail, to and including the intersection of County Road 82/CSAH 42, and the Developer shall pay (7/32) - 21.875t of the improvement cost. The Developer shall pay for lOOt of the cost of the signal to be installed at the intersection of County Road 83 and Wilds Trail, and 25t of the cost of a signal at the intersection of Oakes Lane and County Road 83. The City of Prior Lake will determined the timing when the ~ignals will be installed. ... 13. The Developer hereby guarantees financial obligation for the following improvements to wit: ~ 11. a. lOOt of signal at the Wilds Parkway b. 25t of signal at Oakes Lane c. 7/32nd share of CR 83 four lane 'improvements d. lOOt of Oakes Lane upgrade less Dakota Corrmunity Participation share In consideration of the cost assumption, the Developer and assigns do hereby waive its rights to notice, hearing and appeal of special assessments for such stated improvements referenced above. 14. The Letter of Credit shall remain in effect until the warranty period expires for the improvements to be constructed within the scope of the Developer's Agreement. WDG:8R2a s. .........".._..~~'''__,_._.~_~_~._...__~_.__"_.'''__.... _,_""_,~"_",,,,,_","',_',~"m'e.""""__'."''-;''''''_______,__,_, .............".."',.._,,._"...."..^.d.<-..;'"'..,,',"."~..,~,,~"",'.~~.."_. T .. AMENDMENT ROKBBR. I TO CITY OF PRIOR LAKE DEVELOPMENT AGREEMENT THE WILDS GOLF CLUB AND RESIDBNTIAL PLANNED UNIT DEVELOPMENT THIS AMENDMENT NUMBER I is made this day of , 1994, to that certain Development Agreement (the Agreement), dated October 22 1993, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (the City), and PRIOR LAKE DEVELOPMENT, L.P., a Minnesota limited partnership (Developer) . NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1.1} Section 6.21 of the Agreement is hereby modified and replaced as follows: 6.21) Security For Payment and Performance - For the purpose of assuring and guaranteeing to the City that the Developer Improvements to be constructed, installed and furnished by the Developer as set forth in this Agreement and the improvements set out in Exhibit I as special conditions for Subsequent Phases shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City with the Letter of Credit and the Payment and Performance Bond as required by Minnesota Statutes, Chapter 429, which together equal to 125 percent of the total cost of the Developer Improvements and ~rovements set out in Exhibit I estimated by the Developer'S engineer and approved by the City Engineer as set out in the Developer and City Cost Summary attached as Exhibit C. Upon final completion of the Developer Improvements and payment for improvements set out in Exhibit I satisfactory to the City Engineer, the City Engineer shall accept the completed Developer Improvements and improvements set out in Exhibit I in writing. The Warranty Period (twelve (12) months) shall begin on the Date of Completion. During the Warranty Period, the Developer shall submit a warranty bond in the amount of Seven Hundred Fifty Thousand Dollars ($750,000) and a Letter of Credit in the amount of Two Hundred Fifty Thousand ($250,000) to reimburse the City for any and all costs of maintaining or repairing the Developer Improvements and improvements set out in Exhibit I during the Warranty Period. T " 1.2} The Agreement, as modified by this Amendment Number I is fully ratified and affirmed by the City and Developer. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: PRIOR LAKE DEVELOPMENT, L.P. CITY OF PRIOR LAKE: By: By: Its: Mayor Richard Burtness Its: By: Its: City Manager ATTEST: City Clerk STATE OF MINNESOTA SSe COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 1994, by Richard Burtness, the of Prior Lake Development, L.P., a Minnesota limited partnership, on behalf of the partnership. Notary Public STATE OF MINNESOTA SSe COUNTY OF SCOTI' The foregoing instrument was acknowledged before me this day of , 1994, by , and , the Mayor and City Manager, respectively, of City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 2. ,,' ~._;.."__41"""''''~'m''~''''"'''_''''''''"-'_''''''''''''''''~"''',"""O','","'",".,_..c,_.,_.," ...~_..,.,_,~._.,..>~,...~........~_ T I THIS INSTRUMENT WAS DRAFTBD BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (WCG) WCG:CH2a 3 T t ! c:i . c:i z~z ~~~ ~"':a; a. a:! 0 z o I- o o <( / Vl . Vl tl I U l55 Z za:: -: ~~ Z /1..:;;! "'~...' o . 'Z Ul Vl.... o a::~ <( OZ .1... ~ ~~ ~ a::~ ~.... \ -I . . -I Vlt:l W O::~ o ....0- I .... Vl \ u ~~ ':;0 Ul ~6 Vl ~r::T~ ~ I --;.....: -'"'(<\ I ,....N ' I Q., N:;"~_ <(~ -,. ::iu 5111 ~rti ~5 o ON ~ -oJ ~~t--- fl ~_,.n"t ~-/ I~ 1lI ~"J.. t-lIl -!i <, ,) :r I\'1 . . .. I ... . , ., ; l' , , ~ ~~.~ , . ( ^ v ) r , .--. ~-.. .I~.. :!~ '~." " , .~...) '. I I- 0:::: o Z ,) " . . '. o Z --.J 0:::: w I- (f) ~ "'I> ~ "\". c; :: 2 :~ :~ [] "1 tt I, ,Iill J! I. r IrI, Itl~. ISI;!I ;J.lll;_ , ,1 ~, f,r .0 11 -" ^ +.. . ~ T . E :r v ... ~ t'- I ..J. ~ :r v. .. ^ v.. .c....l "1 r" " 1-., !',..-J I T-;oo., 'l... . T' " ""7 , '~ / ,,,u' - ..J 0" ',//" '" ',. >r.... _'~ .0'" ,'/ ~/ ;/~;;- -_ .;;:...\~..~' 2 ,---'" ./ ~ /;;fj~,)-._,< ~~........ ur /, </.,6...... _.~,"'- / , .- :'-J. '--" - / ."^~ ':;: .:..:~":"..:::J I l\l~ .D ....\ - ._.. ".-- /( I. ~,\; -J..~I ~'\~\ \\' ll!!:!I Ol; ~/ \,__,/ (~) (, ~ ~.~~ ~~ ~\ ~ ill ./ '" ,: . ~'-;;"iC ..' ~~~' ~ \ I!!!!I / '. II { ~~ ;1i ,,", \ " J' \ @ ~ ~ .i.,.~~~ ;,,~p.~ i I I\l1ll '---,rlf"!l. ~'~~~rv' ~I~\\ i I 'b~ fa grJ/'~ .I~~" ' "II.VI"'M~'~,}!~~/h' " . -- . ...' ill, I. 'i / ,/ ,1' .., '1.""-' -, I :J1i 11", I ~~..\ <0 " '} if/'~' 7' \K' ~J ~;. I / '~?/~"~';:---"''''''f~ f / /~ J /~, ,,\ ~...,- O}' -.PJ / ~4' Ji i-,.i<o j) / r/~ 8~1~rJ'lj \~) 7 /. r,lr Ijl~ '.:::' E / / I '/ ~ - l~~ >>~~ ,~' ,'/ ~ .i {(!! ~ ~-~, t ~ ~ ! / II ~"~.\'..h^ rcU/ ~/J ~ / " . '~::::---- U lt~t ~n/ ~iI :! ("~ ~:i.. h \i h ""I , 8~1 '-, ("!It ~ 'ill'~ I. In .~ _._ ~,~~ 1I!1~~ ,~\, { ..It I dt- ~ ' ,~, ~ ._I,l : :.~ ~ ~ : ~ I Jd . ;;. ~ ill --~"~. ,': J. 6~~ 0 \ , !~i~_il~ii~1 ~ ~ ~!> "~',;,- -,of -J.~~ ,. ~ ,\ \ ail- ,~:..' ~\..I\ lr ~ \~'" .,p .\\ \ ~'\. .:;: /-_~. '.~~1_(fW V ..A~\' \ j~ \ 1:11::d: lii :111 ~ -," -~~-:N~::.::~""-':::~~( , ~ \ - i~ (:~/ i.-l1f-~~~~-<'f"~~\J~\ i;;1 ~ ~I n la.;il i i~~ ~ t ~\N\ li'!'j'!llii!1 ! I:, .. ill . ~II '~ l ,,' ',' I II ~I t 8~1 '\' "1'1,1,1 ,f;i I ~ !I o.!i I' .1,,',11' : ' .n I~ .. "I ...... :, 1'1'1 II!! I'Vi ill II> ':!I I: Ii,: 1111 111111,11:I:P 'll!1 'I~o 1.li ! ':: ,'!!Ii ;11: I , dl ' I': ::1, , !Il Ilill 11!!l; Iii! iiiiiliiil"!l!::' Y, ' !:iiill '. ! ". j I I! Ii I;" 1 I , ' . ; ~ ! " ". ! 'iilHl1iiH l;l!illJ! :1 Hl\i '" 1:' il': i' :'i :i: ~'" ". \llI11i1111\\11111 \\\11111\ Ili111Ili.. \11\1111\ I, Illlllilllllil.illllliiil'r.1 II!!I L! I!"I III I. 1'1!!ljl'l ii' !III II!!I 1111, I i11!L I ttt, mtt 1l!'I:ll ii!!Ii!!! Iii! ill !!lIllil' IIIIIIP, 11I111 'II!: I i iliitHL lp'li.d11Iiillilil !d!! PllliP: "IIII!II '1\ '11111111111 ili! \'111 III'" 'I!i, ' 'mi' ~'!I'I, ' : I::;:'ill tW~! ilil\!!!! 1IIIII!!I!!!I,' ! 111111! !IJiilllll!IIIIIIIIIJII!!I, I, I jlllllllll!iil! liil' >ill':'il lll'" Ii. ,,' ''I!!I!l1i ii', ,j'illll!!-tillli-4m ", +i""" """" ts! :lUji!ii ii' 1\11111111 III I 111I1I1'lll'iJ i IPHli 'Iil!!~", '.' ,.1'. II'. '1'1 Itrl l,itttmi.',1 i 'lil!IIi.1i I. 1 i.i.!, . 'd'" "" ,"!II I ..11!!"lllilq!".. li!llIlill'liill!IIl!!I!! :!. "I,! 11!'t1i1lil'fIT!! 'I' ! 11\1 I II! 'I!\'ljli li1t II' I" !,IIIi' !i'I.'''I,' 'i ". i!! ill! PiilljQI!i1t I 11111111111 ,'I 111'1I11:i I~ Ii II I!. !Ilill iii>'!!l lil,! . ._j'" +H ~"" ,\,11111 III.., ',' .!' ". . II l!-i;l ii I ' I'! iii!i'II!!!'::i! !il!! ii.il.!.I,'.III!\ ....... i.I..rTI,.!H.',n'I',I. 'Iii !. 1'11' \l1lll'.'I'.I!II:'.III.I'111 hllll! I i 1,.,1.,'.' :II! ~ I. IIi I l'lI ',i,I'.II.i!!I'i ii!j'll __m 11,11111 II, I, 11'li,IIII, 1:1'1.. 'l,i,l~il 11IIil:.P'I!IIIi,! Ilil!!!llllilllll!!!II!iiil 1ii111\11 111111' III. 1,1 111'1 II!I III 111'1 !'illlll 'I' i ml'l, !I!I'" Ii, ql,:'lil' w'i~ I": ':. :1: ;,Ii\ 'ii".','" ' I." 'III ill!. I Ii: I . I, ~ ! WI \1\1\11111 !li;!IIII' iiil!!il: !i!li'll i II' 'I.,' '!I' "I III 1 'I ,iii,'. , I"! , I,. I\! '.I,lillii' 1..I.I..l!Pi; :d,I'.IIII'1111 I. II'! 1,',1; . II!', i II '1'1' ILlJ. '. 1'111 ',II 11 11 !Ii III il!;dH- dlllll I III !II I dl. I -~~ 4. . 11'll!lilllill:lilj l!iiill!!illjlIIT111! 1'1 II' 1'11I111;lllli':';~;" !llil!!l JlIII!II! Ill!:!!i! illiilli: 1" . ,illl:ll; ,111111 ilil!llllllililllllTI !iIHII!! III, lit III( ~ I' i Iii .~-: . I. 0 a I .1,1 ! I i~ v! ~ ;! ~Di ! ~ i! 1 ("I g:7J! r. f II ,11 ,ill jlh III! I i ~ I I!' Jiill 17; ~ ';jp, ,lIlliL !MIIIIl!: , il;'; ; Ii!:! !i If I hli : !III: ';t.~". '.'.-. ..,,, ~.,.A.ljffl~"l'" r \ill; t :\lIH111 I;:~!i ++ I.!,II; ,I!'pd, llilli:l: rntrl i if .. r i ~ g 1 ~ eia i 2-. ~ ......-.-. \/1".: .....-... . ! . 811 Ii IiMlll1I UU!hlll I nuiUih II Ii' 11111 , ~, I!ili;" 1\!I\~I\ ......~,.,'_...-...~..,.'<.~"d_~...'_.~,..........~,~,,,,.... , --""",~-,-,"--,,"~-,-=--'''''''''''''''''''''''''''''_._''"'~--- T I' ""\ ... u I ~ III III i .. i i Ii ,.. 0 ~ III ~ ; II III :r II) .. .. I! . I ... I I .. 0 . 0 z ~ u w ... 0 i ct .. 0 i 2 i: .,; i en w Z If :IE 8 z ~ a: 0: (S ~ ~ 0 1IJ ~ 0: I c u z · -.I! ~. z .1= o ~~I: ~ . ;'!j ~ !Iil ..I:ac ~iul ~ I., u .IIIII~ Ii ~~ III ~~iIL ;, 1\ r ,~ 'I .~!.J . .. I '..~. --~ '~I ~. --- i ; I. ,~,~_.+-~ '" \ '" C) I .. I c~'"' , .. ~, I . ~ !!li t/~1 ~'.~/'~. L11;~~-~~J: ; II in ~-----"';-~- ii (~ ~, I, "'. o.:..:~..,. f -. ,-, -- .-~ __ tl;:: // ~'r:::s-...: t, .., , '. ..' --~.,,,~ c;, '., i. . ~, . " "!.."'.... . ~ ~ .Y~?/ :::.. ~\ :'~ " ,,' ,,' . .';',1 J';"" I I : ' /%' r~, -. . I" Vl'~\ "II!, '.. :ii:~1 ':'1" .\, -/ t ;;# ~" -r",: - ,. ~ - l' \ " I~! lii!i' iT: ..' JlI~I'i,' i '1"1 ",'., ;:-, ~ ~, · --;. '..' loS, . II ... \ ,i, I' 'I. ' " " . ''', h " .' ,~Iif ~ .:1. \. 1..U,.II.. ili:il.!i!. w.:'~:~:~\: .~'i: }I~ '2ffl1I<A: ~ Ii ~ -- l ~, -I.. .- ' I" """ em, ~ " '" r,f. . '!: " : " , ' . . :1".1 I:: 1 ,,- f! '''''. , I 'i' ", "", iii, '''. III . i.,.- / ~, d T I r .,:q, 'ili~; ',.' ii:!!':';, : ~ ' ., - << l. ",,,, ".1, i",,; , " :E " .-<; I ~ if ~ iHIiI'I, Iliiii I~!!dl I' ~:t!r 8 .' /~_. 1~-1 ~/~ Iii :,'" :"::i;::::,",", , ,HTI,;'" z / U ~f1) ,., , I '"'' ill " "III '1'1 'i'l 0 ./ ---I!+ 'ill II1TI1lil1'" 'lL ", I/) /_,.,., " ',: '1""'1': ;, 11I['.' ..... ----~ ' "T ~,-'J'" ~1~1!\" _~ ~ 'i!l'!"!"~:iii\i\ 'I' I, ,:', ::: d" II " ~ ~- .. I '~' 1 fttt11 II '1',1., S ' ~ - ~I\ \, . \ !I"", , ,'''i! I) rrh,,, ,,',' I a t ..~. 1.,,<."" \ \ \ Ill! ~ " ,"" ,,~ ~, :!i':::~ """H I ii .i " ~-.... I \ ~ \ ffil rn" ":Ail* ~~ "'",,', _ a L ....,,-::J:- ~~'\\ -, \ ttt ~' , 4+' +tttM'~: i'" 'III" I, ,J ~ .'-1.- \\ \\~ \ . ~ \ mll!!:l!: lli!illll:~lllli I ill\~I: 'iT: :~ \ Iilli:'I' 'II Ii I 11 4U "w ::. ~"'-l( ~\~ X\~' " , Iii!! ' ii" " "'SJ ,.., 'l'~ T1]mr.1 I' 1'1'1" I II \'11', 'i ~ C ': ~., ..;:Jlo.. '\\\\'\' . \ 111'111I; ,II!,! ' , ,I~'~I:;" ::11 1,1, - - I ~ ~.;--,"-ii "'\\ \ ""..- ,:;,,, , H~iiI#i 'I.., . I * ? !l! i ~ /"'~ ~ \' ~ "'~: ':;IIIIII~P'~ii: :lliU4J i I~I:IIII ;.ii..n.... i. ' d /.--- L ~I....:',r ~~' . ":":l'. 'lill11;I:~~""'1 n!ilI 1l!111! :,HIHli!iil;!:':,iUWI / / iN t!.P+" ,II> / "" 0: ~, I!' \i II, I ' ,1'1,,:, 1,,1' , 4+l-f4+1+ "iT ... ~" !\ ~ ~ l" I", :t1WnT'II'I'!':I: ~, -. -.' :'--m d' III, 1"1'1" II :il;: " Lll.' .=' / ',,, ,',' '" ",I,,,,,!!,,,,, ',,! /'"'" 'V '-...:'~ f'? I · l IIi! I 1111, I , II , "ffffit lllWl 0 :lnL , ./ 'fM-.....~ ... : RI ~M Ittt~" , ':'11:1" ': .''r" II. ",' .', / l! J . : "......... ~Sll~ .;....:... 11:1 I,!, !":"1.'1". . i,..'II.ildidmi:', I"~ ,,' . ., . i'/ -' I y.;; ,. -, :i:'!!! i ilill! . - I .: #};; / 1% : "illlilli: !!\ii', 'llllll! '!~!lli!, "'i'! UTI' ~ ' -~- ----~ ~.I i~, iTTPI'!I!III'! !'II HlIiH!! Ilil!l:i, Ul. ," ., I~C.. >--//" ~ ~ """I, " """""''''''''. '" '~-/"....e=. . 1I",!'i' "liP.: ~.I.I. I... '...1.. il! '1'.':.!:I..'.!l1 ",'. H~ I!ll - . \ ''''..- " ii%"II'!i!i, 'II' ',11 Y ~ .. 'l:l 'i., '. I ..lllillilli: ,!~ 'III ! & jJ "1\.'1' 1'1, ! , i'" I - Ii" i.1 II! 'II I ! .,. 'II'" II~. ',;"':1 I~ l\'j ~ I il i!iliIW jllil ili '" :,"," 1U~:'I:: I ~I ~ .J.~ "I I '1'1"'1 I' . PI; ~~ ~. ~ I k.t.,.i'.'!il.:.. J...III'I.I' I..:: Ii i Il~ ii" 'tr ' \!I~ ;r.' . " l;i;:lil':'~1\RillIlP!i11l id!!:':, Pi: ':1 , rl ;; i.1 i.... "" iq !ilillll~!1~!1I1111' H!ii::': II · '", ~ iI'I'I''',I;' , ,'''il 'l'11'''' n, II " I,'! t!i! ~ (. 251 ~ ill,'" Hili I,!::::'!", I:~i!' '. " !hl - - Ii I:, ill."I.' III', Hi'i"1! 1\: I l' I ::_ Jj ~J~ . i ill+t I', " .It ~'::,!' :, -'- = ~ m :" .Ii! lii4f "ti!\: ~ .i. I J ~ ~A1;~':]. I iii, ,i 1.""1.,.;". '.,.I::'! ,,' '::: . ii[dl'!.1 !i i,: a: t: ~c -'0 j. ' ... .., 'I':! I, I 'I' I 'I I .1~ "L;,-1L~-- Ii I . , . I "11I7..- . ,/ \.. ~ . """"""'" -v .. -..........-.,~.~.~. - u z .I~ -.1 ili g ~~i~:., ~ filii ::IE II'! =! .. '~=Ii ~ IIII! u: Ie! ; ~ ..' u e. . 111111,1, ..1 . . nUnlD . J ../-.. .l o '. I '. .11 II N - d I I, II .... I c . . II I I .. ( o I!!!!I ~ . . 'II - ~ II i' I I):: ill · f" II . II.! ~ ,I : ~ I ;11.11 i II ell. ..~, "II nl Ilillll I I .11 I I I.: . I I 1,1 .t ,LJIt I. I~ III " '1 II. II I I I . <t. . .~ '1'~'I'I' ~IH lll~IJ~1 Iht, Ii ~J I ~ I,ll' '"I't Ii...., lU ; . I . i '1 " i I t I J rl I I lId Illll .~. ~ . .. .. .. .. , .' ("' : : I I I ~ ~ ~ I , I I; !I! ~I~I l "" I : I I I ! I I I . I Ilf i 1111,'.1 I ~ ... m CJ I I . . .1. il I ,. , ." .,\. I .: ,'~..,; ':;" ". ':'. ~;~ i i i I !~~~ I I I; !I ~ H ~I I . I I N · I ai' :.:f I '" . - . . . ~, ~ ~ . R II ~ . ., . " ,.'.' .l , '~ ,...., ~ ", ..~ '. "'~' .." I ..... ' .. ~ "",..,~~ ..,...... .. I I I I I I I ,III.. o . .. I , I I . I III1 i . I ; !'! ll.ljl ..... e' ,. -.... ,', .. ',_' _.._fi...__~_..m'"____,.,..,_."._~......,..._....." '" ".,' .,....__.~..._.,.__".~~.,......,...._,.,... ..,~~""., .."'._ .,.~._~"'....._"... ....................... .,_, ',. "."'_"._,'~,,,...~"""'u_,..,_.....,~_.H'..'....'~~_,,.._;........... ....... I · ~ I I I J 'I ; . I!l, II " ~ I, 'Ii ll'lli Ii 'IUI 18 I aM ! i,'1 iH I IH I f '01,11 I II 1(I'li. IIII I~ fU~r~ ~ .. . .. .. .. .... I' I I IIi . 1111,11111 ~I I ~ 1'1' H ~lli II~ I I ~ ~ ~. . ~.. ., ~ " _::...-_~ ~:-:~~, . ~ " :~ m , c::J ;\ I!!!!l ' Ii @ fl' ti l!!!!I ~ T I~ 1 ", STERLING NORTH TOWNHOMES SUPPORTIVE INFORMATION The Developer, David Carlson Companies, Inc., is requesting the approval of a townhome development to be known as Sterling North Townhomes, located at The Wilds Golf Club. The development will consist of eighteen luxury townhomes, to be constructed on property known as "Outlot 'C', The Wilds", located on Wilds Ridge Drive along the sixth fairway. These homes are built as "twins', resulting in nine actual buildings. The existing land use prior to this request was farming/vacant, prior to its rezoning into a Planned Unit Development by the Prior Lakes Development Limited Partnership. No further rezoning or variances are being requested. The development is on high ground with very good soil conditions, and is not in any Flood Plain area. The slopes will be adjusted as described on the Grading Plan, and some engineered fill has been proposed to accommodate walkout lower levels, which are quite popular in this market. The property is not affected by airport zones, nor are there any proposed impacts from the development on nearby lakes or wildlife. There will be no phasing of the development. The Developer would like to begin site grading and all construction as soon as possible, and has submitted a Building Permit Application for two model units (one building) in order to take the most advantage of the summer selling season. The property area is 238,012 Square Feet, or 5.464 Acres. This equates to a building density of 3.29 units/acre, which is slightly less than some typical projects previously completed by the Developer. Under townbome ownership, the individual lots are SO' x 100' , with a common lot line between each of the units sharing a building. The remaining land areas are under common ownership of the Homeowners Association. The entry off Wilds Ridge Drive into the Sterling North Townhomes will be bermed and landscaped in accordance with City and The Wilds general landscaping requirements. A subtle monument sign identifying the neighborhood will be provided as requested (and designed) by The Wilds. This signage bas not yet been submitted to the Developer. f .' Proposed General and individual unit landscape plans have been submitted to the City for review. These plans have been designed to reduce the scale of the buildings, as well as enhance the natural setting for the entire Golf Club. The development will have an underground sprinkling system to insure well-maintained lawns, shrubs, and trees. Decorative street lighting will be provided by the Developer and installed as recommended by Minnesota Valley Electric engineers. Mailboxes are clustered in groups of four on an attractive "rustic" wood standard. Locations for these will be identified with the assistance of the Postmaster. The homes are designed to be rich in residential character and have architectural treatments such as varied roof lines, extensive use of hip roofs with moderate pitch, building jogs to avoid uniformity in elevation, etc. Building exteriors consist of stained cedar siding with brick accent, clad windows, and asphalt shingles. Typically three or four colors are chosen and predetermined for the exteriors. The look of these townhomes has been compared to the "Prairie Style" of architecture. There are four basic floor plans offered known as the Carlisle, Prestwick, Cardigan, and Inverness. Main Floor Square Footage is as follows: Carlisle 2,150 SF Prestwick 1,950 SF Cardigan 1,740 SF Inverness 1,740 SF These areas can be increased with the selection of Four-Season Porches and some minimal room extension options. There is a mix of basement, lookout, and walkout units available on the site, and the Developer offers non-basement homes, although this option is not chosen very often. Lower level finishes can accomodate up to about 1,300 SF. All homes will have a two-car attached garage with driveway parking typical of any single-family home. Care was given in design to expose SO" or more of the front of each home to the street, which minimi7.e8 the feeling of the garage overwhelming that elevation. Base prices for these homes start at $254,000, and will range up to about $350,000. All sales will be made to owner-occupied buyers. No sales will be made by the Developer as rentals. The concept of the development has been designed to appeal to the active "empty-nest" buyer wanting to live in a maintenance-free environment. This results in the use of a Homeowners Association, which assesses monthly fees and provides the following services: insurance on the buildings; common area electricity, water, and sewer charges; exterior maintenance of the buildings and reserves for future repair; private , t. " . road maintenance; trash removal; lawncare and landscaping maintenanCe; and snow removal. The Developer is of the opinion that the design of the homes, open common areas, low density, and extensive landscaping will exceed basic compliance with all City and P. U . D. guidelines, and will enhance the overall character of The Sterling North subdivision. The Developer has experienced great enthusiasm over the project, and has already received several reservations on the lots pending approval by the City of Prior Lake. T .' -. c: -,c HIt> (r 1.3.. D. Villa Homesites: Single-family attached and single-family detached stnlctures intended for individual lot ownership which may include golf villas, club villas, corporate villas, etc. . Permitted Uses . Minimum Lot Size . Maximum Building Height - Minimum Front Yard if Abutting Arterial Street _ Minimum Front Yard if Abutting Public/Private Street - Minimum Lot Width. - Minimum Lot Depth - Minimum Rear Yard - Minimum Side Yards of Buildings _ Minimum Separation between Buildings _ Maximum Number of Attached Units _ Minimum Off-Street Parking per DU Single-family residential, single-family attached residential 2,200 sq.ft. 35 it. 50 it. from ROW line 25 ft. from ROW / roadway easement 22 ft. (at building line) 100 it. 20 ft. ~ 7.5 it. 15 it. 8 units 2 spaces . . Cul-de-sac, pie shaped and flag lots will have a less than minimum width measured at building lines. NOTE: No construction on, or alteration of, any land within a sensitive land easement will be allowed. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the Prior Lake Planning Commission and Prior Lake City Council pursuant to their review. -i fIl\WMA + ~ VI d(l~V /M.j (~~t.{ 10 ~ CS.efbCLc.l~ o..lA.J f.eVlcvY-~ ~~c..t.. be s ff. -43- ,ut'-1;I"Y'\VC~ (?DQt ~~ QM.. ~ ~ 0%' (p r.Je ~ 10 T .. Inter-Office Memorandum To: Deb Garross, Assistant City Planner From: . /;/..; Jeffrey T. Evens, Engineering Technician IV , . ~ , Re: Sterling North - Preliminary Plat Review Date: April 20, 1994 The following is a list of comments and concerns I have after reviewing the above mentioned drawings/plat. 1.) The drainage swale on the north side of the plat running along the back side of lots 4-1S should be moved approx. 20' north. The way the swale is shown on this plan the owners of the townhouses will walk out of their units directly into the swale. Moving the swale to the north will also help keep the water further away from the buildings. The storm sewer in this area will also need to be moved to the north. 2.) The 20' Drainage and Utility Easement that runs along the north property line should be extended to the east all the way to lot 4. 3.) A Private road is proposed in this addition. The proposed roadway width is only 2S' back to back. This width needs to be reviewed. Also the street section shown is 3.S" of bituminous and S" of class #S. This section should also be reviewed to meet minimum standards. Parking appears to very limited for the proposed townhouses. A wider roadway with parking on one side may solve this problem. 4.) Per "The Wilds" developers agreement item #11 of the SPECIAL CONDITIONS FOR SUBSEQUENT PHASE the developer will be responsible to pay for improvements to County Road 83 when the roadway is widened to four lanes. This agreement may effect the proposed development of this Outlot. Moneys may have to put in escrow. S.) All sheets must be submitted and signed by a Registered Professional Civil Engineer. S.) Easements need to be provided for utilities such as Hydrants, Water shut offs, Manholes, etc. These need to be shown on the plat as well as the utility sheets. I appears that if all the property north of the proposed easement that are shown will be needed. This will depend on where the water shut offs are located and the width of the roadway. Also there is two very long sanitary service shown to serve lots 1 & 2. They are 1SS' & 12S long. Cleanouts are proposed on these lines and these should also be considered for easements. 7.) There is a sanitary sewer line proposed on the south side of lot 18. This line is designed to be approx. 17-20' deep and only 1S' from the proposed building. This is very close and it appears a lot of different alternatives exist. A wider easement will be needed for this line due to the depth. 8.) The entrance road to the proposed development appears to be very narrow with small radius comers. The radius on both sides of the entrance onto the private road will need to be increased to a minimum of 20'. This will allow the fire trucks to make the tums with greater ease. r .' MEMORANDUM TO: FROM: RE: DATE: DRC MEMBERS BILL MANGAN, DIRECfOR OF PARKS AND RECREATION PARK DEDICATION FOR STERLING NORTH APRIL 21, 1994 The Park Dedication for Sterling North has been satisfied elsewhere within the Wilds Plat and as a result, there will be no land or cash dedication required for this parcel. The one item that needs to be addressed with the ORe however, is whether sidewalks should be required within the road right of way on the private streets. I feel that if the roads are going to be narrower than normal, then sidewalks should provide the necessary means for safe pedestrian traffic similar to what was required for Westedge Estates. In addition, with one street linking to Wilds Ridge, there should be a link from this plat to the sidewalk system on Wilds Ridge which would allow safe pedestrian traffic throughout the entire Wilds Subdivision. DaClJ 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNllY EMPLOYER . ,.-....,..-..".,.......... """" ~.., ."', ~..-.,,,..,--,-,,..-,,_._""''''".,..- ".,- ,.'"",._~"".....","._,.~.__....,,-""""'-.. ._.^...........,-,-_...-,,~_.._,,'-_--....-.~_.-..._.. "W . -.......,.. .,. T . 1 INTEROFFICE MEMORANDUM TO: FROM: RE: DATE: Planning Ralph Teschner, Finance Director STERLING NORTH (assessment review) April 28, 1994 Outlot C, The Wilds (PIN number 25 297 007 0) is proposed to be replatted into Sterling North. This area has received no prior assessments for City municipal utilities. Since utilities are available to the property site, the cost for the extension of services internally will be the responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to the following City charges outlined below: Stormwater Management Fee Collector Street Fee Trunk Sewer & Water Fee 16.8 cents/sq. ft. $ 1250.00/acre $3000.00/acre The application of these City charges would generate the following costs to the developer based upon a net area lot calculation of 5.47 acres of multi-family lots (238,273 square feet) as provided on the subdivision application. Trunk Sewer & Water Charge: 5.47 acres @ 3000.00/acre = $16,410.00 Storm Water Management Fee: 238,273 sf @ 16.8/sf = $40,030.00 Collector Street Fee: 5.47 acres @ $1250.00/ac = $6,837.50 These charges represent an approximate cost of $3500.00 per lot for the 18 proposed lots within Sterling North. Assuming the initial net lot area of the plat does not change, the above referenced storm water, collector street and trunk water and sewer charges would be determined and collected within the context of a developer's agreement for the construction of utility improvements at the time of each phase of the planned unit development. There are no other outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. SPL22.WRT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrIY EMPLOYER ". .. 'SU05PN' NOTICE OF SUBDIVISION PUBLIC HEARING TO CONSIDER THE PRELIMINARY PLAT OF "STERLING NORTH" You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, May 5, 1994 at 7:30 p.m. The purpose of the hearing is to consider the subdivision of the following legally described property into 18 townhome units: LEGAL DESCRIPTION: Outlot C, The Wilds. Or more commonly described as: Approximately 5 acres of land located north of White Tail Ridge and east of Wilds Parkway within The Wilds. See attached maps for reference to the proposed subdivision application. If you desire to be heard in reference to this matter, you should attend this hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the .or Lake Planning Department at 447-4230. Deb Garross Assistant City Planner Date MailedApril 21, 1994 To be published in the Prior Lake American on Saturday, April 23 and 30, 1994. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER >...."..._...<<.o,__w".,,~."_.>,.,..........,_., .' ;"",.""_.__.,...,.,.~"__,_~"<~,,,~,,,,,,.___~,,,,,,-,,,,,~,,.,~,,"_,_..'.""~.~-,...._..'- T I . ~ C'} i I~ II J I C\l ~! ~ Ilia -a. 1) 0 C/) . !::! ! 1" . I ~ gl ~ I I!U Ii:' ". ! I ~I ~I ,..., Q .,. ". .. 4~. + ,. ... !i ... t~.. I . .[ ~ ~ I~~:.: :::::j ! 'H ~ ~ 1\ I ! I 511 ~.. .:. i I I ;1'1 ::a I \;.. It I ~ 1 iI~j: " I I~ I ~ . \:' ~ l! ., il ! I i':. ~I ! ~ .... R \c.'. I 1 i ~ ~ il........ I: :0, ,eo -- A I .'. .'. Ii 1- '0. J --;;. ... sf j -.::,:" . .S I iJ i -: 1 11 . 0 . It -I~i~- ~ ! i I ~\, . r- I' ~~I ul, IIi i,1 ,1,1 ~, ~i/ Ii I I' .. ..,' /I s f "LOI1ltS:l .. \ .......- l!" ...\:' . 'f."'.. . ,...~\ 't! .... "':\ 11 ~, "'~X. 9~J~ ~ I! Ii I /" \ f.!.." i 5 f Ii- r . \ .1/,l~:: I o. . \ i ..... ...c.. ,) ~ , . ---?~ IS , ~ I III ,. \ ..I/II~ ~~ .........- i'l II. It ..""..~-=~ --- _0'_- J........., T t . , SJqL-06 pm APPLIO\TION FOR 'mE SOBDIVISION a LAN> WI'mIN '!HE CITY OF PRIOR LAKE Property CMner: David Carlson Canpanies, Inc. Address: 19965 Waterford ct. Shorewood, MN 55331 Slbdivider: Same as above Address: Same as above Agent: Not Applicable Address: Phone: n12-474-11~? Phone: Phone: Name of &lrveyor: Name of Engineer: Scheel I & Madson. Inc. Scheell & Madson, Inc. Phone: 61?-546-7601 Phone: ~1?_~4~_7~n1 Legal Description of Property: outlot I C I The Wilds Present Zoning: Multi-Family Deed Festrictions: No X Yes Property Acreage: Approx. 5.47 acres If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: No X Yes What was requested: When: I read the Prior lake Slbdivision Ordinance and agree to provide the and do the work in accorGance with the provisions of the ordinance. March 16,1994 Date March 16, 1994 Date 'lmS SEX:TION 'ID BE FILLID IN BY THE PJ:.ANNIN; DlREX:TOR PJ:.ANNIN; <n1MISSION APPROlED CITY COmoL _APPROlED roNDITIONS: DENIED DENIED DM'E OF HF.ARIN; Ol\TE OF HF.ARIN; Signature of the Planning Director Date T . 1