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HomeMy WebLinkAbout06-09-972. 3. 4. 6. 7. 8. REGULAR PLANNING COMMISSION AGENDA MONDAY, June 9, 1997 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: A. Case #97-042 Consider a preliminary plat for the project known as "Northwood Oaks Estates", consisting of 34.15 acres to be subdivided into 47 lots for single family residential dwellings. Old Business: New Business: Announcements and Correspondence: Adjournment: 16200 Ea~r3~b~k Ave. S.E.. Prior Lake, Minnesota ~3~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MAY 27, 1997 1. Call to Order: The May 27, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:32 p.m. Those present were Commissioners Criego, Kuykendall, Stamson, and Vonhof, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Assistant City Engineer Sue McDermott and Recording Secretary Cormie Carlson. 2. Roll Call: Stamson Present Kuykendall Present Criego Present Vonhof Present Wuellner Absent 3. Approval of Minutes: MOTION BY VONHOF, SECOND BY STAMSON, TO APPROVE THE MAY 12, 1997, MINUTES. Vote taken signified ayes by Criego, Kuykendall, Vonhof and Stamson. MINUTES APPROVED. 4. Public Hearings: 5. Old Business: A. Case #97-025 Consider an Amendment to the Zoning Ordinance pertaining to the conversion of existing decks not meeting required setbacks to three season porches. (Continued) Planning Coordinator Jane Kansier presented the staff report dated May 27, 1997. The Planning Commission held a public hearing to consider this text amendment on April 14, 1997. At that time, the Commission continued consideration of the amendment until May 27, 1997. The proposed amendment would allow the conversion of existing decks which do not meet the required setbacks to a three season porch. This amendment was initiated by the Council on March 17, 1997, in response to an appeal of a Planning Con-anission decision to deny a variance request for a reduced lakeshore setback. The variance involved the conversion of an existing deck to a three season porch. At the same time, the Council initiated an amendment to the required setback from the Ordinary High Water Mark. MN052797.DOC I The Planning Commission originally tabled action on this item since it was related to the amendment which reduced the required setback from the Ordinary High Water Mark. This amendment is much more far reaching than the provision allowing the replacement of existing decks. Therefore, the staff recommended denial of this amendment. If the Planning Commission finds the amendment is appropriate, staff recommended the additional language suggested by the DNR be included. Comments from the Commissioners: Vonhof: · No change from the original proposal. · Agreed with Staff. Commissioners Kuykendall, Stamson and Criego concurred. MOTION BY STAMSON, SECOND BY CRIEGO, TO RECOMMEND TO CITY COUNCIL DENIAL OF THE PROPOSED ORDINANCE AMENDING SECTION 5-4- 1 B OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 4.1 B OF THE PRIOR LAKE ZONING ORDINANCE 83-6. Vote taken signified ayes by all. MOTION CARRIED. 6. New Business: A. Recommendation for Planning Commission Chair The Planning Commission will recommend to City Council, Tony Stamson as Chair of the Commission. Tom Vonhofwas elected Vice-Chair. Commissioner Kuykendall requested to see the down town Prior Lake studies to address some of the issues brought up by the businesses at the Priordale Mall forum. Planning Director Don Rye briefed the Commissioners on the Economic Development Authority forum on the Priordale Mall. The Commissioners discussed being pro-active in planning for the community, i.e. tie in down town, Priordale Mall area and Lakefront Park. Produce a theme look and sell it. Contact the University (Minnesota Design Team) to help with ideas and development. Commissioner Kuykendall recommended the Minnesota Design Team be hired for a weekend to study the City of Prior Lake and go forward with their recommendations. MN052797.DOC 2 The Planning Commissioners are going to take a walking tour around the areas (Lakefront Park, down town and Priordale mea) and discuss the areas. They will meet Tuesday, June 3, starting at 3:00 p.m. at City Hall. The 1986 study plan should be reviewed. The Lakefront Park plan will be reviewed. Contact Park Director Paul Hokeness to meet with the Commissioners. The Wild Oaks court case was ~ettled and the District Court Judge ruled in favor of the City. Rye gave an update on the Spring Lake annexation. Commissioner Kuykendall questioned the City's fence ordinance. Rye and Kansier clarified the ordinance and the issue. 7. Announcements and Correspondence: 8. Adjournment: The meeting adjourned at 7:28 p.m. Donald R. Rye Director of Planning Connie Carlson Recording Secretary MN052797.DOC 3 INN~C AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT 4A PUBLIC HEARING TO CONSIDER APPROVAL OF A PRELIMINARY PLAT TO BE KNOWN AS NORTHWOOD OAKS ESTATES JANE KANSlER, PLANNING COORDINATOR X YES NO~N/A JUNE 9, 1997 INTRODUCTION: The purpose of this public hearing is to consider an application for a preliminary plat for the 34.15 acre site located directly west of Northwood Road, south of Arctic Lake, and east of Spring Lake Regional Park. The preliminary plat is to be known as "Northwood oaks Estates". ANALYSIS: Applicant: Kurt Larson & Douglas Pietsch 14300 Nicollet Court Suite 300 Burnsville, MN 55337 Project Engineer: Westergren and Associates, Inc. 8500 210th Street North, Suite 112 Lakeville, MN Location of Property: This property is located along the west side of Northwood Road, about 1/4 mile north of Spring Lake Road, directly south of Arctic Lake and directly east of the homes between Spring Lake Regional Park and the Prior Lake city limits. Existing Site Conditions: This property is presently vacant crop land and wood land. There is a gravel roadway at about the center of the site which provides access from Northwood Road to the homes to the west. This roadway is identified as a 66' wide strip for access on the preliminary plat. The site has a rolling terrain, including approximately 11 acres of steep slopes (20% or greater) in the 1:\97files\97su bdiCpreplat\nort hoak\noroakpc.doc Page 1 16200 Eagle Creek Ave. S.F., Prior Lake, Minnesota 55372~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Zoning and Land Use Designation: Adjacent Land Use and Zoning: Proposed Development: northwest corner of the site. The northwest portion of the site is also very wooded. The property is zoned R-1 SD (Suburban Residential Shoreland District). The north half of the property is located within the Arctic Lake Shoreland District, although none of the lots directly abut Arctic Lake. Arctic Lake is classified as a Natural Environment Lake. The remainder of the property is within the Prior Lake Shoreland District. Prior Lake is classified as a General Development Lake. The 2010 Comprehensive Plan identifies this property as R- LMD (Urban Low to Medium Density Residential). North: Vacant land zoned C-1 (Conservation) and designated as R-LMD. South: A wetland zoned C-1 and designated as R- LMD. East: Single family dwellings across Northwood Road, zoned R-1 SD and designated as R-LMD. West: Single family dwellings on large lots, located outside of the Prior Lake city limits. This property is zoned "lnfill" on the Scott County Zoning Map for Spring Lake Township, and is designated as "Urban Transition" on the Scott County Comprehensive Plan. The proposed plat consists of 34.15 acres to be subdivided into 47 lots for single family dwellings, for a total density of 1.37 units per acre. This density is well below the maximum permitted density of 3.5 units per acre. The lots in this development range from 12,428 square feet to 154,212 square feet. The minimum lot size in the R-1 SD (Prior Lake) district is 12,000 square feet, with 86' of frontage at the front building line. This standard applies to Lots 1-3, Block 1, and Lots 1-13, Block 2. All of these lots exceed 12,000 square feet; however, Lots 6, 7, arid 8, Bloc 2, do not have 86' of frontage at the front building line. In addition, the Subdivision Ordinance requires that a corner lot must exceed the minimum width and lot area requirements by twenty percent, or in this case, be at least 14,400 square feet and 103' width. Lot 10, Block 2, does not meet this requirement. 1:~97files\97subdiv~preplat~nort hoak\n oroakpc.doc Page 2 Streets/Access/Circulation: The minimum lot size in the Arctic Lake Shoreland District is 20,000 square feet with 100' of frontage at the front building line. Corner lots must then be at least 24,000 square feet with 120' of frontage at the front building line. These standards apply to Lots 1- 31, Block 3. Lots 2, 3, 4, 5, 10, 12, 13 and 15, Block 3, do not meet one or both of these requirements. The developer has not filed an application for variances to these provisions at this time. For a more detailed explanation of the proposed development, see the attached narrative submitted by the developer. This plat dedicates right-of-way for six new public streets. The first street is called Pond View Lane, and is located on the south end of the plat. This street extends 350 feet from Northwood Road to the west boundary of the plat. This street may eventually be extended to serve the property to the west. This street is designed with a 50' wide right-of- way and a 32' wide surface. The second street, Pheasant Ridge Circle, is located to the north of Pond View Lane. It is a 150' long cul- de-sac, providing access to six lots. This cul-de-sac has a 6% grade. The third street is located just north of Pheasant Ridge Court, and is called Pioneer Lane. This street extends 430' from Northwood Road to the west boundary of the plat. This street will serve as the access road to the properties to the west. It is also designed with a 50' wide right-of-way and a 32' wide surface. To the north of Pioneer Lane is the fourth new street, a cul-de-sac called Rolling Hills Circle. This cul-de- sac is 360' long and provides access to 8 lots. North and east of Rolling Hills Circle is a cul-de-sac called Oakcrest Circle. This street is 575' long, has a 7.24% grade, and provides access to 10 lots. The final street is a 245' long cul-de-sac called Oakview Circle. This cul-de-sac provides access to 6 lots. There are two lots located north of Oakview Circle which take their access from Northwood Road. 1:\97files\97subdiv\preplat~nort hoak\noroakpc, doc Page 3 Ail of the proposed streets meet the minimum design standards. However, Oakcrest Circle exceeds the maximum length of 500' for a cul-de-sac, as stated in the Subdivision Ordinance. The developer has not filed an application for a variance to the length of the cul-de-sac. Grading/Erosion Control: This site requires considerable grading to meet City standards for roads and house pads. The applicant has submitted a preliminary grading plan which, for the most part, meets City standards. Some modifications, however, will be necessary to this plan. Several of the lots, Lots 8, 9, and 16-21. Block 3, are identified as custom graded lots, to take advantage of the existing topography and trees on the site. A separate grading plan for these lots will be submitted with the building permit application. Drainage/Storm Sewer/ Water Quality: The majority of this site is designed to drain to Northwood Road, which then drains south to a stormwater retention pond located just south of this site. The northern portion of this site is designed to drain to the north and west to a NURP pond located on Lots 9 and 17, Block 3. There is also storm sewer directing runoff between Oakview Circle and Oakcrest Circle and then to the NURP pond. Wetlands: There are two wetlands on this site totaling about 2.33 acres. Both wetlands are located in the northwest corner of the plat. The largest wetland is about 2.06 acres in size and is located on the northwest end of Lots 17 and 18, Block 3. The 0.26 acre wetland is located on the northwest corner of Lot 8, Block 3. The developer is not proposing to fill or disturb the wetlands at this time. Sanitary Sewer: Sanitary sewer service will be extended to this site from the existing line in Northwood Road. The sewer line will be extended in the right-of-way for the new streets. In order to serve the lots adjacent to Rolling Hills Circle, Oakcrest Circle and Oakview Circle, the developer is proposing to extend a sewer line along the north boundary of this plat. This sewer line is 25' deep in some locations. Watermain: Watermain service to this property will be extended from the existing line located in Northwood Road along the east boundary of this plat and in the street right-of-way. 1:\97files\97subdiv~replat~n orthoak\noroakpc.doc Page 4 Easements: The Developer will be required to dedicate drainage and utility easements over the wetlands, stormwater detention ponds, and over all sewer and water lines constructed outside of the dedicated right-of-way. The developer will also be required to obtain easements for the utilities located outside of the boundaries of this plat, and for the maintenance of the sewer line located on the north boundary of this plat. Tree Preservation: This development is subject to the provisions of Section 6.16 (Tree Preservation) of the Zoning Ordinance. The applicant has provided an inventory as required by this ordinance, but it will require some revisions. First of all, the tree inventory does not specify which type of Basswoods are on the site; some Basswoods are listed as a significant trees in the tree preservation ordinance. Second, the developer is proposing to submit separate tree preservation plans for the custom graded lots. In this case, the significant trees on these lots must be excluded from the total caliper inches. However, it appears that several trees on these lots will be removed for road construction, utilities and stormwater detention structures. The plan also seems ignore trees, which appear to be of significant type and size, and which are located near or between other trees which will be removed. The ordinance allows up to 25% of the total caliper inches of the significant trees to be removed, without replacement or restitution, as a result of initial site development and anther 25% to be removed for home placement. In order to determine if a replacement plan will be necessary, the plan submitted must be refined to reflect the questions listed above. Landscaping: This development is also subject to the requirements of Chapter 7 of the Subdivision Ordinance, which requires one (1) street tree per lot frontage and one (1) front yard tree per lot. The applicant has submitted a landscaping plan showing the proposed location of the required trees, as well as the minimum size and types. Some changes are also required to this plan. For example, the submitted plan does not identify at least two front yard trees on each tot, and four front yard trees on corner lots. [:\97files\97subdiv\preplat~no rthoak\noroakpc.doc Page 5 Parkland Dedication: The Developer shall comply with the park dedication and contribution requirements as defined in the City Code. This plat does not indicate any land dedication. The Park and Recreation Director has indicated that a trail along Pond View Circle to the west lot line is desirable. This trail can then be extended at some point in the future to provide access to Spring Lake Regional Park. The remainder of the dedication requirements will be satisfied by a cash dedication calculated by multiplying 10% of the gross acreage (34.15 acres less the land dedicated for trail) by the market value of the land ($13,000). Finance/Assessment Fee Review: This subdivision will be subject to a stormwater management fee and a collector street fee. Sewer and water were extended to the site in 1982. The present assessment liability is $324,490.04 which will be required to be paid at the time the developer's contract is executed. A summary of the charges is shown on the attached memo from Ralph Teschner. ANALYSIS: A preliminary plat identifies proposed lot locations, areas and dimensions, road locations, storm sewers, grading, location and grade of sewer and water, landscaping and tree replacement plans, and other improvements to an undeveloped site. Once preliminary plat approval is granted, the property owner has a vested interest in the plat. For one year following preliminary plat approval, no ordinance amendment shall apply to or affect the use, development density, lot size, lot layout, dedication required or permitted by the approved preliminary plat. In general, the proposed preliminary plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. There are some engineering and ordinance requirements which still must be addressed prior to approval of this preliminary plat. One of the outstanding issues which must be addressed is the disturbance of the slopes on this site. Section 6-6-6 E of the Subdivision Ordinance states "whenever possible, slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open space." This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. It may be possible to minimize this disturbance by redesigning the plat in some way. For example, the length of some of the cul-de-sacs, especially Oakcrest Circle, can be reduced to provide lots with more buildable area outside of the slopes. Furthermore, a different type of development on this site may be possible. For example, a townhouse style of development could utilize the flatter portions of the site and still minimize the impact on the slopes. In its recommendation to the Council, the Planning Commission should address the impact of the development on the natural features of the site. 1:\97files\97s ubdiv~preplat\northoak\noroakpc.doc Page 6 Another issue which must be addressed is the length of the Oakcrest Circle cul-de-sac. The maximum length of a cul-de-sac is 500', based on the requirements of Section 6-6- 2 E of the Subdivision Ordinance. A variance to this provision may be granted, according to the criteria listed in Section 6-9-1 of the Subdivision Ordinance. This section reads as follows: "The Council may grant a variance from these regulations upon receiving a report from the Planning Commission ion any particular case where the subdivider can show by reason of exceptional topography or any other physical conditions that strict compliance with these regulations would cause exceptional and undue hardship, provided such relief may be granted without detriment to the public we/fare and without impairing the intent and purpose of these regulations. The Planning Commission may recommend variances from the requirements of this Chapter in specific cases which, in its opinion, would not affect the intent of the Comprehensive P/an or this Chapter. Any variance thus recommended shaft be entered into the minutes of the Planning Commission, setting forth the reasons which justify the variance. A variance application shaft be fi/ed with the subdivision application." The Planning Commission must review the length of this cul-de-sac, and make a determination about whether or not it meets the criteria in the above paragraph. The Commission's recommendation to the Council must include a statement of its findings based on these criteria. If the preliminary plat is to proceed, it should be subject to the following conditions: The lot area and frontages on Lots 6, 7, 8 and fO, Block 2, and on Lots 2, 3, 4, 5, 10, 12, 13, and 15, Block 3, must be revised to meet the Zoning Ordinance requirements. 2. If the Council does not approve a variance to the length of the cul-de-sac, the length of Oakcrest Circle must be reduced to 500' or less. A revised tree preservation showing the changes and additions outlined in this report must be submitted. If necessary, a replacement plan must be submitted and approved prior to final plat approval 4. A revised landscaping plan showing the changes outlined in this report must be submitted. 5. The name of Pond View Lane must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Pond View Trail located in the City. 6. A pedestrian trail along Pond View Lane must be provided. The width of the right-of-way must be revised to accommodate this trail. 7. The developer must dedicate drainage and utih'ty easements over all the wetlands, stormwater ponds, and all sewer, water and storm sewer lines 1:\97files\97subdiv\preplat\nor~hoak\n o roakpc.doc Page 7 located outside of the dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 8. The issues outlined in the memo from Sue McDermott, dated May 29, 1997, must be addressed in the final plat. ALTERNATIVES: 1. Recommend the Council approve the preliminary plat of Northwood Oaks Estates as presented and subject to the conditions listed above, or with specific changes directed by the Planning Commission. In its motion the Planning Commission must also make a recommendation on the vadance to the length of the cul-de-sac. 2. Table or continue the public hearing to a date and time certain and provide the developer with a detailed list of items or information to be provided for future Planning Commission review. 3. Recommend denial of the application based upon specific findings of fact. MM ATI : Staff recommends Alternative #1 ACTI N R~: A motion recommending approval of the preliminary plat of Northwood Oaks Estates, subject to the listed conditions, is required. REPORT ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Applicants' Narrative 4. Memo from Sue McDermott 5. Memo from Ralph Teschner 1:~97files\97subdiv\p replat~nort hoak\noroakpc, doc Page 8 Om LD r- E ¢> /c 0 z Westergren & Associates, Inc. 8500 210~ S~'eet West · L~ev~lle, MN 55044 · (6 i 2) 469-1899 · Fax: (612) 469-1899 NORTHWOOD OAKS ESTATES PROJECT OVERVIEW This 47 lot single family project is located ia an existing R-1 zoning, it meets the requirements of this zoning; thus re-zoning or variances are not needed. Proposed lots ia the subdivision fall within the designation of general development waters, minimum lot area of 12,000 square feet and natural development water with a mlnimnm lot area of 20,000 square feet. The ~rnallest lot area in this subdivision is 12,428 square feet and the largest lot is 154,212 square feet. With a total acreage of 34.15 acres, the average lot area is 27,806 square feet, or a density of 1.37 lots per acre. The unique shape ofthi~ parcel which leads ks design to a series of short cul-de-sacs, makes this proposed subdivision a desirable combination of non-thru streets, large lots with a minimal enviromental impact and a wonderful location w~hln the westerly end of the City of Prior Lake. PIETSCH Builders · Inc. 20830 HOLT PO BOX 218 LAKEVILLE, MN 55044 (612) 469-3044 Proposed housing elements within NORTHV OOD OAKS ESTATES Proposed houses to have a variety of elevations. As a developer it will be important not to build the same house with the same exterior side by side. The same floor plans can be built next to each other, but with a change in the exterior elevation. The design of the houses will depend on the lot in which it is built on. On wooded lots, care will be taken to customize the house elevation to match the existing contours of the wooded terrain. TYPES OF HOUSES: This project will consist of 2 stories, ramblers, modified 2 stories, and side to side splits. Given today's lot prices, one can expect a fair mount of 2 stories and modified 2 stories. This style is a consumer's best buy per square foot price. Rambler plans in the last 5 years has made a strong come back I expect to see quite a few ramblers built in this project. All house types will correspond with graded house pads as shown on the Grading and Development Plan. EXTERIOI~ I anticipate that 90% of all houses built in the project will have maintenance free siding. On the front of the houses we expect to see a fair amount of brick, stucco, and a detailed front elevation to all the houses. With the demand for maintenance fi:ce siding, we will allow maintenance free front elevations. With this type ofliont we will request a significant amount of brick on the front. No masonite siding will be allowed on any of the houses. LANDSCAPING: With the layout of the lots, we feel that it will require on all the court comer entrance lots to have some type of landscaping. If this is done properly, this will create a private neighborhood setting for each individual court. Fnhancing each court entrance will create a higher standard within the project. We would like to see grouped mailboxes within the project. This type of mailbox would include a spot for the mail and a spot for papers to be put in. These would be constructed of cedar and designed to consist of 2 to 4 boxes per cluster. Allowable fencing would be regulated by the covenants. We prefer that all fencing to be constructed out ora wood material and that it has to be approved by the governing architectural commit-tee. SITE FEATURES: With the views that some of the lots will have, we anticipate many homes with much glass on the fronts and backs of the houses. Buyers will demand unique views, the proper use of the lot and most of all the right setting of the house to the lot. Types of houses to be bm2t on a given lot will be controlled with great interest. It can happen where a budder/resident will try to build the wrong style of house for a certain lot. This will not take place, as being an experienced developer and builder, our expertise and insight will be given to each lot and style of house to make sure it fits within the neighborhood and surroUnding drainage patterns. ARCHITECTURE (EXTERIORS): Today's market txends will be used greatly w3thln the project. Homes wxql consist of traditional, soft contemporary, and special design that may be customized to the site. Homes will have to follow the covenants that will be recorded. Areas of concern as a developer to the project will be, minlrm~m roofpitchas, 3 car garages, and the use of natural earth tone colors. UTILITIES: Sanitaly sewer, wategiiialn and storm sewer shall be installed underground w/thin the road fight-of-way or within dedicated u~ity easements, Telephone, gas, electric and cable TV ~hall be installed underground within the boulevard area of the road fight-of-way. Westergren & Associates, Inc. 8500 210~ Street West · L~e'4ile, MN 55044 · (6; 2) 469-1899 · Fax: (612) 469-1899 NORTHWOOD OAKS ESTATES PROPOSED PUBLIC UTILITY PLACEMENT STATEMENT All public utilities (i.e., gas, electric, telephone, cable television) shall be coordinated with each utility to be placed underground and within the easements as shown on the final plat. Westergren & Associates, Inc. 8500 210~ Street West · Lakeville, MN 55044 · (612) 469-1899 · Fax: (612) 469-1899 NORTHWOOD OAKS ESTATES ~' PROPOSED CONSTRUCTION SCFIEDULE STARTING DATE - EROSION CONTROL STARTING DATE - GRADING GRADING COMPLETION START UTILITY CONSTRUCTION UTILITY CONSTRUCTION - COMPLETION START - STREET CONSTRUCTION FIRST LIFT - STREET CONSTRUCTION FINALI:~E EROSION CONTROL AREAS MAY 26, 1997 JUNE 1, 1997 JULY 1, 1997 JUNE 15, 1997 JULY 21, 1997 JULY 21, 1997 JULY 31, 1997 AUG. 10, 1997 DECLARATIONS OF COVENANTS CONDITIONS AND RESTRICTIONS OF SUBDD/ISION This Declaration made on the day of ,19 , by Pictsch Builders, Thc., a Minnesota Corporation~ hereinafter referred as "Declarant", vfitnesseth' WHEREAS Declarant is the owner of real estate s/mated in Scott Count)'. Minnesota, which is described in "Exhibit A" attached hereto and made a pan hereof, which Declarant proposes to develop as an exclusive residential area and for the preservanon of the value and amenities on the premises and the maintenance of I'acilities. is subjecting said property to thc Covenants. Conditions and Restrictions hereinafter set forth for the benefit of said propemes and the owners thereofi NOW, THEREFORE. Declarant hereby declares that all of the property described herein shall be held. sold and conveyed subject to the following easements, restrict/ohs, covenants and condilsons which are for the purpose of protecting the value and clesirabiti~y of'each building site and shall run v.~th thc real property and be binding upon all persons or part/es having any right, title, lien upOn or interest there/n, their heir, successors and assigns, and shall inure to the benefit of owners &any lot or portion thereot~ ARTICLE DEFINI"I'IONS For the purpose ofth/s Declaration, the following terms shall have the meanings hereby ascribed to them Section I: "Living Unit" shall mean and refer to each single family residence situated upon the property designed and intended for use and occupancy ora single family. Section 1I: "Owner" shall mcan and refer to owner, whether one or more persons or entilies, ora fee simple title to a lot which is a pan of the property, includiag conlract vendors and vendees, and theu' assigns, but excluding those having such interests merely a.s security for the performance of an obligation, and excluding those hav/ng a lien thereon by provisiorts of. or by operat'/on of law Section IV: "Property" shall mean and refer to the real property described herein. or any pan thereof. ARTICLE LI BUTt. DING AND USE RESTRICTIONS Section l: Residential Use: no Lot or Living Unit shall be used except tbr residential purposes for occupancy of a single family. Sect/on FI: Act/v/ty Use: No business or profession shall be conducted on any lot or living unit, nor shall any noxious or offensive activity be conducted, nor shall anything else be done thereon or therein which may be or become an annoyance or nuisance to other owners or occupants. No public sales or auctions of any kind shall be permitted. Each lot shall at all times, be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, or other bui[ding materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road except a.q is necessary dar/ag the period of construction. Section I11: TemporaU Structures: No structure ora tempor~, character, mobile home, trailer, bus. or tent, shall be placed or erected on any lot, nor ased a.q a residence, except during constxuction, altering, or remodeling ora dwelling, and then only as reasonably necessary in such construction. All construction shall be pursued diligently and be completed within 180 days after the issuance of the building permit. In the event that a structure is desa'oyed, wholly or partially by fire or other casuatty, said structure shall be properly rebuilt or repaired to conform to this declaration or ail of the remaining structure including the foundation and all debris shall be removed from the lot. Section IV: Easements: Easement for installation and maintenance ofut/Iities and drainage facilities are reserved as shown on the recorded plat and within these easement no structure shall be placed or permitted to remain which may damage or interfere with the insmllat/oa and maintenance of utilities or may obstruct or change the direction or flow of drainage or through drainage channels. The easement area shall be maintained by the owner of the lot, except for such maintenance for which a public authority or utility company is responsible. Section V: Utility Service: All utility services including electric, natural gas, telephone, cable televisiort, etc., shall be placed underground. Section VI: Towers. antennas, etc.: No poles, posts, towers, antennas, or similar structure shall exceed six feet in height above grade, no television antenna may be placed upon the roof of a residence, except dishes less than two feet in diameter attached directly to the homt. Section VII: Fences aad Wails: No fences or walls other then such as are an integral part of a residence, garage or other enclosure covered structur~ shah exceed six feet above grade level at any point and shall bc constructed of wood with a stained or natural finish, brick, or stone. Section VIII: Signs: No signs of'any kind shah be displayed to public view on any lot except one si§n not excec-'ding five square t'eet in area advertising a home or lot for sale after completion o ir initial construction of the residence or sale of lot by the developer al~d builder All such signs shall require thc approval of the architectural commitlee prior to erection. Section X: Animals: No horses, cattle, sheep, goats, pigs, poulb'y, or other live animal shall be kept or maintained on any lot, other than domesticated animals that are bona fide household pets, and to not make objectionable noises or othCr~nse constitute a nuisance, physical threat, or inconvenience to any resident of the development and shall not be kept for breeding or commercial purposes. Construction of dog runs or pens shall not be pcnmttod. Section XI: Vehicles: No bus:s, trucks, house trailers, mobile homes, motor homes, motor campers, trailers, licensed or unlicensed automobiles, aircraft, tractors, or watercmt~ shall be parked on the property unless such vehicles are stored inside the SlTUcture. ARTICLE m HOME CONSTRUCTION AND LANDSCAPING Section I: Criteria for Home Conslruction: Architectural quality, distinction, creativity and compatibility is deemed of prime importance. Harmony in ex'temal d~sigm location upon the lot and in relation to surrounding stt'uctures and topography, as welt as the height, shape and ex~crior matcrials, finish and quality arc all matters to bc considered. All house fronts shall be constructed of natural materials such as wood, native stone, brick, or such matcrials as arc approved in writing by thc architectural COntTOI committee. Wood finishes are to be in natural earth tone or gray stains and paints. Sides and rears of all homes are to be constructed of compatible quality materials, including aluminum, vinyl or cedar. No prefab, modular or factory built sa'uctcu'c will bc permitted. All residences must bc stick-built on site. All roofs shall be constructed at not less than 7/12 pitch. Section U: Structures: No structure other than one single family residence shall be erected on any lot together with a garage at leas! two cars in size cons~-ucted as a integral pan of thc rcsidcncc. Section Ill: Landscaping: A lawn and plantings plan that shall include at least two trees of an approved species and size shall be submitted to the architectural committee for approval. All landscaping shall be completed within nine months after issuance ora building permit or 60 days after home completion, whichever is sooner. Wooded areas arc to be preserved and no trees exceeding s!x inches in diameter at the base shall be removed unless diseased, severely damaged or deteriorated or hazardous except where necessary for building or to comply ¢tith landscaping plan as approved. Planting or trees which can caus~ a public nuisance, such as cotlon producing trees, or can be a public hazard, such as bug infestanon or weak bark, are proh~ited. All lawn areas from rear of structure and side lot lines to curb must be sodded at o~mer's expense. Section IV: Surfacing: Motor vehicles driveways and parking areas shall be hard surfaced with asphalt, concrete, brick or similar materials. Driveways, parking and lawn areas shall conform to grades established by development plan with wooded areas preserved and native undergrowth protected if at all possible. Section V: Size of Residence: No residence shall exceed two stories in height above front ground level. One story and multi-level residences shall have above grade fin/shed tiv/ng area of no less than 1.500 square feet; and two-s~ory residences no less than a total of 2,000 square feet. in each instance excluding garages, unheated porches, and accessory structures thereto. ARTICLE IV ARCHITECHTURAL COMMITTEE Section I: Membership: An architecrara[ committee is hereby established for the purpose of carrying out the provisions of thcs~ covenants, conditions, and restrictions. and the enforcement or compliance therewith to consist of Douglas Pietsch and Kun Larson, or their nominees until the la.st lot in the development is conveyed in fee to a third part),, Section II: Vacancy: In the event of a resignation, or if any member of the committee is unable to continue serving as such, or for the purpose of increasing the number of members on the committee, the remaining member or members shall appoint or elect such replacement or additional member. Sect/on 111: Variances: the architectural committee shall be entitled to grant variances as to any r~quirement of these covenants if in their opinion the variance has sufficient architectural and esthetic merit to be approved or would cause an undue hardship if not granted. No application to the City of Prior lake for any variance from city zoning ordinances shall be filed without first obtaining the approval oftbe architectural committee. ARTICLE V FUNCTIONS OF ARCHITECTURAL COMMI Section I: Plans and Specifications: Prior to the application for building permits and commencement of construction, two complete sets of plans and specifications for the construction of any residence or other building, or a swimming pool, wall, fence, mailbox or storage structure shall be submined to the architectural committee and no work preparatory to construction thereof shall be commenced until the same are approved in writing by the committee: (a) The committee shall take action upon the application for approval thereof within 14 days from receipt thereof and if disapproved the committee shall advise the applicant of the reason for disapproval and what ehang~ it deems necessary-for compliance with thc covenants. Co) If the committee fails to take act/on upon an application within 14 days the plans and specifications shall be deemed approved and shall be strictly followed in construction. (c) The decision of the architectural committee in these matters shall be final. No member of the committee shall be subject to any penalty, or liable for any damages by reason of any action thc), may take, or failure to act~ or error in judgment, negligence or nonfcasance, in actions of thc committee or in serving as a member thereot~ ARTICLE TERM AND ENTORCEMENT · Section 1; Life of Covenants: These covenants and restrictions shall run with the land and all conveyances shall be subject thereto, whether specifically so stated in the conveyance or not, and shall be binding upon all persons and parties owning any interest in any lot in this development, and upon all occupants thereof, for a period of 20 years from the date hereof, after which time they shall be automatically extended for successive periods of 10 years, unless the owners of two-thirds of the lots in this development agree or vote to terminate them, or to alter or amend them in who~e or in part. Section II: Invalidation: Invalidation of any portion of these covenants and restrictions, by judgment, court order or otherwise, shall not affect any other provision, all of which shall remain in full force and effect. Sect/on 1TI: Enforcement: Any person, or combination of persons having an2,' o,~mership interest in any lot in this development shall be entitled to enforce these covenants a~d restnctio~ in any legal manner including proceedings at law or in equit3, to restrain violations thereof or to recover damages sustained by reason of violations thereof Section IV: Amendments: The architectural committee is hereby empowered to amend any portion of the Declaration that may be objectionable or in conflict with rules and regulation of the Federal Housing Authority or the Veterans Adininistration, or necessary to qnalil9 for mortgage financing. Section V: City Ordinances: In addition to this Declaration 0fCovenants, Conditions and Restrictions, all ordinance~ of the City of Prior Lake, Minnesota, shall be binding on all lot owners. In ~4tncss whereof, the undersigned, being the Dcclarant hcrcin, has caused this Declaration of Covenants, Conditions ai~d Restrictions to be executed in its name by i'ts duly authorized I~rson on thc day and year fir~ above written. PieL~ch Builders, Inc. Douglas Pietsch President S~te of Minnesota Dakota County On this .day of ,19 , before me, a notary Public within and for said County, personally appeared Douglas Pietsch, President of Pietsch Builders, Inc., a corporation named in the foregoing instrument on behalf of said corporation and acknowledged this instrument to be the flee act and deed of said corl~ration. Notary Public, My Commission Expires Coul~ty DATE: TO: FROM: RE: May 29, 1997 Jane Kansier Sue McDermott -~w Northwood Oaks - Project #97-42 The Engineering Department has reviewed the preliminary plans for the subject project and have the following comments: 1. Address utility easements along the north property line where sanitary sewer is proposed. 2. Provide storm sewer calculations for drainage, NURP ponds, etc. 3. Include a project location map on sheet 1. 4. Label street names on the site plan. 5. Show all easements and direction of sanitary sewer flow on the site plan. 6. The details are at a scale that is too small for half-size plans. 7. All grading must occur within the parcel boundary unless easements are obtained. Proposed contours are shown to the centerline of Northwood Road. Match grade at back of existing sidewalk. 8. Show all drainage and utility easements, right-of-way lines, existing street names, proposed street names, a legend and existing contours and features 200 feet beyond property lines. Identify the plat to the east. The grading plan is hard to follow without a legend. Contours must be connected on the grading plan (i.e. Northwood Road). 9. Show contours representing swales from front to rear of all side lot easements. Maintain all drainage within easements. Show drainage arrows. 10. Show NWL, HWL, and contours of the NURP ponds. A skimmer is required at the outlet of the NURP pond. 11. Use different line types on the drainage/erosion control sheet so it is easier to read. Some of the sheets have fonts that are too small to read (sheet 8), notes are upside down on sheet 14. In general, too much information is provided on some sheets, not enough in others. 12. On the sanitary sewer and water plans, use different line types to distinguish sewer (arrows) and water (dashed). Length and type of pipe need only be shown in profile. Show more detail where connections to existing utilities are made. All sanita~ sewer pipe between 16 feet to 26 feet deep must be SDR 26. Round pipe lengths to the nearest foot. It appears that the sewer could be shallower in areas if minimum slope is used ( between MH 11 and 16) or outside drop manholes (MH 23). Insulate sanitary sewer at depths less than 8 feet. 13. On the storm sewer sheets, show existing storm sewer, sanitary sewer and watermain in the profile view. Show all storm sewer easements. Drainage at the west end of the north through street must be addressed. 14. Show spot elevations on the cul-de-sacs (street plans) with drainage arrows. Show valley gutter at all Northwood Road connections. Provide pedestrian ramps at all comers. g:\projects\ 1997~42nowdok\prelrev.doc INTEROFFICE MEMORANDU3,I TO: PLANNING FROM: Ralph Tesclmer RE: Northwood Oaks Estates (assessment/fee review) DATE: May 16, 1997 The Dunn property comprising the following parcel numbers is proposed to be platted as Northwood Oaks Estates: PIN# 25 141 0860 PINg 25 141 086 1 PIN# 25 903 002 0 PIN# 25 903 002 I The property was originally served with municipal sewer and water utilities and 100% assessed under Project 82-3. The initial two assessment installments were paid with the property taxes and in 1981 the land was enrolled under Green Acres. The present assessment llabili~_ iff $324,490.04 which will be required to be paid at the time the developer's agreement i~ executed. The balance of special assessments are detailed as follows: pIN Number Code Tyne Amount Outlot A, Northwood 24.01 acres 3-114-22 25 141 086 0 47 S&W $32,179.27 91 Paving $88,812.16 25 903 002 0 47 S&W $159,451.61 91 Paving $44.047.00 Total ... $324,490,04 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: Stormwater Management Fee Collector Street Fee 16.8 cents/sq.fi. $1500.00/acre The application of these City charges would generate the following costs to the developer based upon a net lot area calculation of 29.88 acres of single family lots (1,301,607 sq. fi.) as provided within the site data summary sheet of the preliminary plat description: Storm Water Management Fee: 1,301,607 sf ~ 16.8/sf = $218,670.00 Collector Street Fee: 29.88 acres ~ $1500.00/ac = $44,820.00 16200 Ea§le Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER These charges represent an approximate cost of $5600 per lot for the 47 proposed lots within Northwood Oaks Estates. Assuming the initial net lot area of the plat does not change, the above referenced storm water, collector street, mink and lateral sewer and water charges would be determined and collected x~ithm the context of a developer's agreement for the construction of utility improvements at the time of final plat approval. 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.