HomeMy WebLinkAbout5D - Northwood Meadows
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
SEPTEMBER S, 2006
SD
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PUD
PLAN AND CONTRACT FOR THE DEVELOPMENT OF LAND AS A
PLANNED UNIT DEVELOPMENT FOR NORTHWOOD MEADOWS
Introduction
Manley Land Development, Cardinal Development Group, and Donnay Homes
have applied for approval of a development to be known as Northwood
Meadows on the property located on the west side of Northwood Road, directly
west of the Northwood Oaks development and east of Spring Lake Regional
Park. The proposal calls for a residential development consisting of 136 single
family homes along with parks and trail on a total of 79 acres.
Historv
On March 20, 2006, the City Council adopted Ordinance #106-05 amending
the Zoning Ordinance to designate this 79 acres as a Planned Unit
Development. The ordinance listed the elements of the PUD as follows:
a. The PUD is a single family development consisting of lots from 7,150
square feet to over 30,000 square feet in area. The PUD plan provides
a minimum of 34.74 acres of park, including a 5.75 acre active
neighborhood park.
b. The total number of units on the site will not exceed 136.
c. Density and impervious surface within the Shoreland Tiers must not
exceed the totals identified on the plans dated December 13, 2005.
d. As part of the park development, the developer is responsible for
grading, topsoil, turf establishment and construction of the trails to the
specifications provided by the City.
e. The elements of the plan will be as shown on the plans dated
December 13, 2005, except for modifications approved as part of the
final PUD plan.
The ordinance also required the following conditions be incorporated into the
final plans:
a. A wetland mitigation plan must be approved prior to any grading on the
site.
b. The plan must be revised to include a driveway access to the park.
c. Revise the plans to address all of the Engineering comments in the
memorandum from Assistant City Engineer Larry Poppler dated
January 5, 2006. All grading, hydrology and stormwater issues must
be addressed prior to any grading on the site.
d. On the final PUD plan, clearly indicate which lots will be allowed a 7.5'
www.cityofpriorlake.com
'ne;>Jov;Phortev952.(kl(}~'9l5t7;5/v'd(Rax 952.440.9678
side yard setback.
e. As part of the final PUD plan, provide a table which will enable staff to
track the impervious surface on the site. Overall impervious surface
may not exceed the percentages shown on the plans.
f. As part of the park development, the developer is responsible for
grading, topsoil, turf establishment and construction of the trails to the
specifications provided by the City.
g. The developer must submit a cash escrow of $45,000 for a playground
structure for the park as part of the development contract.
h. Provide street names unique to the City street naming system for all
streets.
i. The developer must submit a Letter of Credit in an amount equal to
125% of the cost of the required replacement trees.
j. The developer must work with City staff to determine the feasibility of
locating a trail on the south side of the development adjacent to Spring
Lake Regional Park. If the staff finds this trail location is feasible, the
developer must construct the trail.
k. The developer must escrow funds, in an amount to be determined by
the City staff, for the construction of a sidewalk on one side of Hawk
Ridge Trail from Northwood Road to this development.
The Planning Commission considered the final PUD plan at a public hearing
on July 10, 2006. The Planning Commission recommended approval of the
final PUD plan, subject to the following conditions:
1. All remaining conditions of approval must be addressed before the final
PUD plan and final plat are considered by the City Council.
2. The PUD Development Contract must be signed by the developers and
approved by the City Council.
3. The Final Plats and Development Contracts must be approved by the City
Council.
A copy of the minutes of the July 10th meeting is attached to this report.
Current Circumstances
The final PUD plan includes all aspects of the development. This PUD is
somewhat unique in that it involves three separate developers. Each
developer has submitted a separate final plat for their portion of the
development. Each of the subdivisions is described below:
The Coves of Northwood Meadows: This portion of the project, to be
developed by Cardinal Development, is located on the south end of the
entire development. It consists of approximately 40 acres to be subdivided
into 40 lots for single family homes, 2 park parcels and 1 outlot for
stormwater ponds.
The Villas of Northwood Meadows: Donnay Homes is responsible for
this portion of the development, which is located on the west side, adjacent
cc
to Spring Lake Regional Park. It consists of approximately 10 acres to be
subdivided into 20 lots for single family homes and 3 outlots for park
purposes.
The Bluffs of Northwood Meadows: Manley Development is developing
the Bluffs of Northwood Meadows. The subdivision encompasses the
northern portion of the site, and consists of approximately 49.50 acres to
be subdivided into 74 lots for single family homes, 3 parks and 1 outlot.
Parks: Parks are a central component of this proposal. The three
subdivisions dedicate a total of 34.74 acres as park. This includes a 5.75 acre,
active neighborhood park. Of the remaining 28.99 dedicated acres, 19.26
acres are wetlands, ponds or steep slopes. The remaining 9.73 acres are
uplands. The trail system meanders through this area. This area also
includes approximately 10 acres of woods which will be preserved.
The developers are also responsible for grading, topsoil, turf establishment
and construction of the trails. In addition, the developers will provide a
$45,000 cash contribution for the construction of the park amenities,
specifically play equipment. The collection of this contribution will be included
in the development contract for the final plats.
LandscaDina:. The developers have also submitted specific landscaping
plans for each subdivision. The landscaping plan provides for a minimum of 2
front yard trees per lot, and also provides for the necessary replacement trees.
The sizes and species of the proposed landscaping are consistent with the
Zoning Ordinance requirements.
Setbacks: The final PUD plan includes a table listing the minimum setbacks.
For the most part, the conventional R-1 setbacks will be applied. A reduced
side yard setback of 7.5' will be permitted in the smaller lots in Blocks 2, 3 and
4 of the Bluffs of Northwood Meadows, an 8' setback will be permitted on the
lots in the Villas of Northwood Meadows, and a 7.5' setback will be permitted
on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the
Coves of Northwood Meadows.
ImDervious Surface: A table listing the maximum impervious surface has
also been provided. Both of these tables will enable the staff and the builders
to keep track of the impervious surface as it is constructed, and to ensure
there is no question about the application of the setbacks.
Staff has reviewed the final PUD plan and finds it to be in substantial
compliance with the approved preliminary PUD and preliminary plat.
ISSUES:
The principal requirements for final PUD plan approval include satisfaction of
all the preliminary plan conditions and a signed Contract for the Development
of Land as a Planned Unit Development. In this case, the contract includes
surety for the playground equipment and the construction of a sidewalk on
Hawk Ridge Road.
This contract is somewhat unique because it combines three developers and
::\OG n!es\06
~~
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Reviewed by:
Frank Boyles,
!:\OG flles\06
three subdivisions. The three developers are inextricably linked as one
project. As separate developments, the project has no value as a PUD. The
developers were concerned because if one developer were to default, the
others would be responsible for completing the project, or would not be
allowed to complete the project. To try to alleviate some of the developers'
concern, the staff added a section to the contract which would allow the City to
draw down the letter of credit to complete the project. This language does not
obligate the City to do so.
Approval of this final PUD plan facilitates the approval of the final plats and will
allow construction of new dwelling units, which will contribute to the City's tax
base.
The City Council has the following alternatives:
1. Adopt the resolution approving the final PUD plan and the Contract for
Development of Land as a Planned Unit Development for Northwood
Meadows.
2. Deny the resolution approving the final PUD plan.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1.
1. A motion and second to adopt a resolution approving the final PUD plan for
Northwood Meadows, and authorizing the Mayor and City Manager to sign
the Contract for the Development of Land as a Planned Unit Development.
/
"-
nager
4
A RESOLUTION TO APPROVE A PLANNED UNIT DEVELOPMENT FINAL PLAN AND CONTRACT
FOR DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
NORTHWOOD MEADOWS
Motion By:
Second By:
WHEREAS, Cardinal Development Group, Donnay Homes, Inc., and Manley Land Development,
Inc. have submitted an application for a Planned Unit Development Final Plan to be
known as Northwood Meadows; and
WHEREAS, The Prior Lake Planning Commission considered the proposed Final PUD Plan on July
10,2006; and
WHEREAS, The Planning Commission found the Final PUD Plan to be in substantial compliance
with the approved preliminary plan and recommended approval of the Final PUD Plan;
and
WHEREAS, The Prior Lake City Council considered the proposed Final PUD Plan on September 5,
2006; and
WHEREAS, The City Council finds the Final PUD Plan in substantial compliance with the approved
Preliminary PUD Plan; and
WHEREAS, The City Council finds the PUD Final Plan is compatible with the stated purposes and
intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) The Final Plats and Development Contracts must be approved by the City Council.
3. The Mayor and City Manager are hereby authorized to execute the Contract for Development of
Land as a Planned Unit Development on behalf of the City.
PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2006.
YES
NO
I Haugen
I Dornbush
I Erickson
I LeMair
I Millar
Haugen
Dornbush
Erickson
LeMalr
Millar
Frank Boyles, City Manager
, d~)tityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
CONTRACT FOR DEVELOPMENT OF LAND AS A PLANNED UNIT
DEVELOPMENT IN 1.JU. Lll i OF PRIOR LAKE, MINNESOTA, TO BE
KNOWN AS NORln~t"OOD MEADOWS
THIS CONTRACT, made and entered into as of the 7th day of August, 2006, by
and between the City of Prior Lake, (hereinafter "CITY") a municipal corporation
organized under the la~s of the State of Minnesota and Cardinal Development Group, a
Minnesota Corporation, Manley Land Development, Inc., a Minnesota Corporation, and
Northwoods Meadows, LLC, a Minnesota Limited Liability Corporation (the
"DEVELOPER").
RE\...llALS
WHEREAS, DEVELOPER is duly organized to do business in the State of
Minnesota and owns the PROPERTY within the City of Prior Lake; Scott County,
Minnesota legally described in attached Exhibit A, and
WHEREAS, DEVELOPER desires to develop the PROPERTY legally described
and depicted in Exhibit A ("DEVELOPMENT PROPERTY"); and
WHEREAS, the City has approved a preliminary plat and final plat for the
DEVELOPMENT PROPERTY, which approval is subject to certain conditions including
the Developer enter into the City's standard development contract; and
WHEREAS, DEVELOPER has made application to City Council for approval to
develop the DEVELOPMENT PROPERTY as a Planned Unit Development (Planned
Unit Development); and
WHEREAS, on March 20, 2006, the DEVELOPER received approval of a
preliminary Planned Unit Develvpment plan and a preliminary PLAT for the
development known as Northwood Meadows; and
1:\06 files\06 pud's\nortbwood meadows\finaJ pud contract.doc
Page 1
WHEREAS, on June 12,2006, the DEVELOPER completed an application for
approval of Final Planned Unit Development; and
WHEREAS, the CITY has granted preliminary Planned Unit Development
approval and final Planned Unit Development approval to the DEVELOPER subject to
certain conditions including that the DEVELOPER enter into this CONTRACT and meet
all of the terms and conditions hereafter set forth; and
WHEREAS, under authority granted pursuant to Minnesota Statutes Chapter 462
and the Zoning Ordinance of the City of Prior Lake the CITY COUNCIL has agreed
subject to the terms and conditions set forth herein, to approve the final Planned Unit
Development FINAL PLANS.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, the sufficiency of which is not disputed, it is hereby agreed
as follows:
1. RECITALS
The Recitals set forth above are herein incorporated as if fully set forth.
2. PURPOSE OF CONTRACT
2.1 The purpose of this Contract is to set out the terms and conditions pursuant to
which the City Council of the City of Prior Lake grants its approval for the
Developer to develop the Development Property as a Planned Unit Development.
The terms and conditions set forth herein are intended to promote and protect the
orderly development of land within the City and to assure that the development of
the Development Property is done in a manner to protect and preserve the health,
safety and welfare of the citizens and property within the City.
2.2 This CONTRACT is intended to achieve the following objectives:
a) To insure compliance with the purpose, requirements and criteria set forth
in Section 1106 in the Zoning Ordinance for a Planned Unit Development.
b) To clarify the rights and responsibilities of the parties to this
CONTRACT.
c) To incorporate, as an integral part of this CONTRACT, a Developers
Contract dated August 7, 2006 by and between the CITY and
DEVELOPER relating to the Final PLAT of the Coves of North wood
Meadows, the Villas of North wood Meadows and the Bluffs of
Northwood Meadows.
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 2
3. FINDINGS
3.1 The City Council adopted Ordinance No. 106-05 rezoning the subject site as the
Northwood Meadows Planned Unit Development (PUD).
3.2 Ordinance No. 106-05 lists the elements of the PUD, and adopts findings
consistent with Section 1106.200 of the Zoning Ordinance.
3.3 The final Planned Unit Development plan is consistent with the goals and
objectives of a Planned Unit Development as specified in Section 1106 of the
Zoning Ordinance and in Ordinance No. 106-05.
4. DEFIl'uuONS, RULES OF INTERPRETATION, AND E~ITS
4.1 Definitions
In this CONTRACT the following terms shall have the following respective
meanings unless the context hereof clearly requires otherwise:
4.1.1 "APPROVED FINAL PLAN" means all those plans, specifications,
drawings and surveys attributable to the DEVELOPER and the
DEVELOPER INSTALLED PUBLIC IMPROVEMENTS listed in
Exhibit D.
4.1.2 "l..U i" means the City of Prior Lake, a governmental subdivision of the
State of Minnesota.
4.1.3 "l...1.l i ATTORNEY" means the City Attorney of the City of Prior Lake.
4.1.4 "CONTRACT" means this Contract for Development of Land as a
Planned Unit Development in the City of Prior Lake, Minnesota, and all
referenced and incorporated exhibits by and between CITY and
DEVELOPER, as the same may be from time to time modified, amended
or supplemented.
4.1.5 "DEVELOPER" means Cardinal Development Group, Manley Land
Development, Inc., and Northwoods Meadows, LLC, heirs successors and
assigns.
4.1.6 "DEVELOPER INSTALLED IMPROVEMENTS" means all those
improvements listed in Exhibit D.
4.1.7 "DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS"
means the contracts titled Development Contract for the Coves of
Northwood Meadows, Development Contract for the Villas of North wood
Meadows and Development Contract for the Bluffs of North wood
Meadows, and signed by and between the DEVELOPER and the CITY
required as a condition for the construction of all required public
improvements related to this development.
4.1.8 "DEVELOPMENT PLAN" means the final Planned Unit Development
plans approved by the Council attached as Exhibit B.
4.1.9 "INCLUDING" means including, but not limited to.
4.1.10 "PLAT" means the final plat and all related documents approved by the
CITY.
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 3
4.1.11 "PROJECT" means the development of North wood Meadows pursuant
to the terms and conditions of the approved final Planned Unit
Development, the approved final PLAT and this CONTRACT.
4.1.12 "PROPERTY" means the real property, together with improvements, if
any, described in Exhibit A.
4.2 Exhibits
The following exhibits are attached hereto, incorporated by reference and made a
part of this CONTRACT as if fully set forth herein.
4.2.1 Exhibit A - Legal Description of Development PROPERTY
4.2.2 Exhibit B - Approved Final Planned Unit Development Plans
4.2.3 Exhibit C - City Council Resolution 06-_ approving the Final Planned
Unit Development Plans and the CONTRACT FOR THE
DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT
4.2.4 Exhibit D - Developer Installed Improvements
4.2.5 Exhibit E - Engineer's Estimate for Hawk Ridge Road Sidewalk
5. SCOPE OF PROJECT
5.1 The PROJECT to be known as Northwood Meadows consists of79 acres legally
described as shown on Exhibit A. The PROJECT includes 136 lots for single
family dwellings, as well as parkland and open space. The required elements of
the project are:
5.1.1 The PUD is a single family development consisting oflots from 7,150
square feet to over 30,000 square feet in area. The PUD plan provides a
minimum of 34.74 acres of park, including a 5.75 acre active
neighborhood park.
5.1.2 The total number of units on the site will not exceed 136.
5.1.3 Density and impervious surface within the Shore land Tiers must not
exceed the totals identified on the plans dated December 13,2005.
5.1.4 As part of the park development, the developer is responsible for grading,
topsoil, turf establishment and construction of the trails to the
specifications provided by the City.
5.1.5 The developer must submit a cash escrow of $45,000 for a playground
structure for the park as part of the development contract.
5.1.6 The developer must escrow funds, in an amount to be determined by the
City staff, for the construction of a sidewalk on one side of Hawk Ridge
Trail from Northwood Road to this development.
5.2 The DEVELOPER shall furnish the CITY with a cash fee of$45,000.00 for the
installation of playground equipment. The amount of the fee was calculated as
follows:
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 4
Playground Equipment
Manley Development Share (54%)
Northwoods Meadows, LLC share (15%)
Cardinal Development share (31 %)
$
$
$
$ 45.000.00
24,300.00
6,750.00
13,950.00
5.3 The DEVELOPER shall furnish the CITY with a cash fee of $26,400.00 for the
future construction of sidewalk on Hawk Ridge Road. This fee is based on 125% of
the estimated cost of the sidewalk as shown in Exhibit E The amount of the fee was
calculated as follows:
Sidewalk Es.~" .'"
Manley Development Share (54%)
Northwoods Meadows, LLC share (15%)
Cardinal Development share (31 %)
5.4
TOTAL ESCROW
Manley Development Share (54%)
Northwoods Meadows, LLC share (15%)
Cardinal Development share (31 %)
$
$
$
$ 26.400.00
14,256.00
3,960.00
8,184.00
$
$
$
$ 71.400.00
38,556.00
10,710.00
22,134.00
The required fee will be paid prior to the release of the FINAL PLAT documents.
5.5 In order to preserve the integrity of the PUD, no utility work may begin until this
CONTRACT and the DEVELOPMENT CONTRACT FOR PUBLIC
IMPROVEMENTS have been signed and all three FINAL PLATS and related
documents are filed with the Scott County Recorder.
6. DEVELOPER REPRESENTATIONS
6.1 DEVELOPER represents and warrants that neither the execution and delivery of
this CONTRACT, the consummation of the transactions contemplated hereby, nor
the fulfillment or the compliance with the terms and conditions of this
CONTRACT is prevented or limited by, or in conflict with or will result in breach
of, the terms, conditions or provisions of any restriction of DEVELOPER, or
evidence of indebtedness, contract or instrument of whatever nature to which
DEVELOPER is now party or by which it is bound or will constitute a default
under any of the foregoing.
6.2 DEVELOPER agrees to hold harmless, indemnify and defend CITY, its Council,
agents, employees and CITY A TIORNEY against any claims or actions brought
as a result of DEVELOPER's performance under this CONTRACT or as a result
of alleged actions or omissions on the part of DEVELOPER, its employees or
agents.
7. RELEASE. HOLD HARMLESS AND INDEmuICATION
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 5
7.1 DEVELOPER releases from and covenants and agrees that CITY, its City
Council, officers, agents, servants, attorneys and employees thereof (hereinafter
for purposes of this paragraph, the "indemnified parties") shall not be liable for
and agrees to indemnify and hold harmless the indemnified parties against any
loss or damage to PROPERTY or any injury to or death of any person occurring
at or about or resulting from any defect in the PROPERTY, development of
PROPERTY or DEVELOPER IMPROVEMENTS.
8. EVENT OF DEFAULT
8.1 Event or Derault Defmed. Event of default is anyone or more of the following
events:
8.1.1 Failure by DEVELOPER to timely pay all real property taxes assessed
with respect to the PROPERTY;
8.1.2 Failure to construct the DEVELOPER's Improvements pursuant to the
terms, conditions and limitations of the DEVELOPMENT CONTRACT
FOR PUBLIC IMPROVEMENTS;
8.1.3 Failure by DEVELOPER to observe or perform any covenant, condition,
obligation or contract on its part to be observed or performed under this
CONTRACT;
8.1.4 Transfer of any interest in the development;
8.1.5 Failure by DEVELOPER to reimburse CITY for any costs increased by
CITY in connection with this CONTRACT, including the enforcement
thereof; including, but not limited to engineering fees, inspection and
testing fees, attorney fees and other professional fees.
8.2
Remedv UDon Event or Derault. Whenever an event of default occurs the
CITY after providing DEVELOPER notice as provided in paragrap~ and may
take anyone or more of the following actions: 13
8.2.1 CITY may cancel and rescind this CONTRACT.
8.2.2 CITY may draw upon and/or bring an action upon any or all of the
securities including but not limited to the Irrevocable Letter of Credit, the
Payment Bond, the Performance Bond or the Warranty Bond provided to
CITY pursuant to the Development Contract for the PLAT of The Coves
of North wood Meadows, The Villas of North wood Meadows and the
Bluffs of North wood Meadows.
8.2.3 CITY may take whatever action, including legal or administrative action,
which may be necessary or desirable to CITY to collect any payments due
under this CONTRACT or to enforce performance and/or observance of
any obligation, contract or covenant of DEVELOPER under this
CONTRACT.
8.2.4 CITY may suspend issuance of Building Permits and/or Occupancy
Permits on DEVELOPER's lots.
1:\06 files\06 pud's\northwood meadows\fmaJ pud contract.doc
Page 6
8.2.5 CITY may draw upon the Irrevocable Letter of Credit provided pursuant
to the DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS
for the PLAT of The Coves of North wood Meadows, The Villas of
Northwood Meadows and the Bluffs of North wood Meadows if CITY
receives Notice that the bank elects not to renew the Irrevocable Letter of
Credit.
8.2.6 CITY may draw upon the Irrevocable Letter of Credit provided pursuant
to the DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS
for the PLAT of The Coves of North wood Meadows, The Villas of
Northwood Meadows or The Bluffs of North wood Meadows to complete
an unfinished part of the required DEVELOPER INSTALLED
IMPROVEMENTS. CITY is not responsible for any costs or delays that
may occur as a result of this remedy.
8.3 Whenever an Event of Default occurs and CITY shall employ attorneys or incur
other expenses, including employment of experts, for the collection of payments
due or to become due or for the enforcement or performance or observance of any
obligation or contract on the part of DEVELOPER herein contained,
DEVELOPER agrees that it shall, on demand thereof, pay to CITY the reasonable
fees of such attorneys and such other expenses so incurred by CITY.
8.4 Nonexclusive Remedv. None of the actions set forth in this Section are exclusive
or otherwise limit the CITY in any manner.
9. WAIVER
Failure of the CITY at any time to require performance of any provision of this
CONTRACT shall not affect its right to require full performance thereof at any
time thereafter and the waiver by the CITY of a breach of any such provision
shall not be taken or held to be a waiver of any subsequent breach thereof or as
nullifying the effectiveness of such provision.
10. ASSIGNMENT
10.1 DEVELOPER represents and agrees for itself, its heirs, its successors and assigns
that DEVELOPER has not made or created and that it will not make or create or
suffer to be made or created any total or partial sale, assignment, conveyance or
any trust or power to transfer in any other mode or form of or with respect to this
CONTRACT or in DEVELOPER without the prior written approval of the CITY.
10.2 The DEVELOPER may not transfer or assign this CONTRACT without the prior
written permission of the CITY COUNCIL of the City of Prior Lake. The
DEVELOPER's obligations hereunder shall continue in full force and effect, even
if the DEVELOPER sells one or more lots, the entire PLAT, or any part thereof.
11. PERMITS
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 7
11.1 The DEVELOPER shall obtain all necessary approvals, permits and licenses from
the CITY, and any other regulatory agencies and the utility companies. If any of
the entities request a change to the APPROVED FINAL PLANS submitted for
review, the DEVELOPER shall submit these changes to the CITY for approval.
11.2 All costs incurred to obtain said approvals, permits and licenses, and also all fines
or penalties levied by any agency due to the failure of the DEVELOPER to obtain
or comply with conditions of such approvals, permits and licenses, shall be paid
by the DEVELOPER.
11.3 The DEVELOPER shall defend and hold the CITY harmless from any action
initiated by the other regulatory agencies and the utility companies resulting from
such failures of the DEVELOPER.
12. RECORDING
12.1 This CONTRACT shall be recorded by DEVELOPER within ninety (90) days
from approval of the Resolution approving the Final Planned Unit Development
and Final PLAT, and all terms and conditions of this CONTRACT shall run with
the land herein described, and shall be binding upon the heirs, successors,
administrators and assigns of the DEVELOPER. The DEVELOPER shall provide
and execute any and all documents necessary to implement the recording. If there
be more than one developer, references herein to DEVELOPER shall mean each
and all of them.
12.2 All recording fees, if any, shall be paid by the DEVELOPER.
13. NOTICE
13.1 Required Notices to the DEVELOPER shall be in writing, and shall be either
hand delivered to the DEVELOPER, its employees or agents, or mailed to the
DEVELOPER by certified mail at the following address:
Cardinal Development Group
3027 Knoll Ridge Drive
Prior Lake, MN 55372
Northwoods Meadows, LLC.
9705 63rd Avenue North
Maple Grove, MN 55369
Manley Land Development, Inc.
1915 Plaza Drive, Suite 201
Eagan, MN 55122
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 8
Notices to the CITY shall be in writing and shall be either hand delivered to the
City Manager, or mailed to the CITY by certified mail in care of the City
Manager at the following address: City of Prior Lake, 17073 Adelmann Street,
Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to the
CITY, Notice(s) shall be served upon the CITY ATTORNEY Suesan Lea Pace,
Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220
South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
13.2 The Notice period shall be fifteen (I5) calendar days.
13.3 The Notice shall state a time by which the default must be cured. The time the
CITY gives the DEVELOPER shall be determined in the sole discretion of the
CITY; however, such time shall be a reasonable time.
14. MODIFICATIONS OR AMENDMENT
This CONTRACT may be amended by the parties hereto only by written
instrument executed in. accordance with the same procedures and formality
followed for the execution of this CONTRACT.
15. PROOF OF .U.lLE
DEVELOPER shall furnish a title opinion or title insurance commitment
addressed to the CITY demonstrating that DEVELOPER is the fee owner or has a
legal right to become fee owner of the PROPERTY upon exercise of certain rights
and to enter upon the same for the purpose of developing the PROPERTY.
DEVELOPER agrees that in the event DEVELOPER's ownership in the
PROPERTY should change in any fashion, except for the normal process of
selling or conveying lots, prior to the completion of the PROJECT and the
fulfillment of the requirements of this CONTRACT, DEVELOPER shall
forthwith notify the CITY of such change in ownership and seek the CITY's
approval to transfer the responsibility under this CONTRACT. Any change in
ownership shall not release DEVELOPER from any of its obligations under this
CONTRACT, unless or until the CITY has approved transfer of this CONTRACT
and then only to the extent agreed to by the CITY.
16. HEADINGS
Headings at the beginning of paragraphs herein are for convenience of reference,
shall not be considered a part of the text of this CONTRACT and shall not
influence its construction.
17. SEVERABILITY
In the event any provisions of this CONTRACT shall be held invalid, illegal, or
unenforceable by any court of competent jurisdiction, such holding shall not
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 9
invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
18. CONSTRUCTION
This CONTRACT shall be construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this
CONTRACT to be duly executed on the day and year first above written.
Approved by the City Council on the 7th day of August, 2006.
By
By
Its
DEVELOPER:
CITY OF P~ LAKE
By: ---~
Its Manager '\.
By: "-
Its Mayor
By
Its
/
/
STATE OF MINNESOTA
COUNTY OF SCOTI
all parties having an interest in the
This Development Contract must b
PROPERTY.
On the ,20_, b ore me, a Notary Public, with and for
said County personally appe d Jack G. Haugen an Frank Boyles, to me personally
ly sworn did say that they e the Mayor and City Manager,
respectively, of the City Prior Lake, a Minnesota moo 'pal corporation, named in the
foregoing instrument; d that said instrument was signed behalf of the municipal
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 10
invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
18. CONSTRUCTION
This CONTRACT shall be construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, CITY and DEVELOPER have caused this
CONTRACT to be duly executed on the day and year first above written.
AppLvved by the City Council on the 7th day of August, 2006.
DEVELOPER:
t . ...-:::::>
~tfv '
Its ~.~ 1t:::>L....r\'
DEVELOPER:
By:
Its Manager
By:
Its Mayor
This Development Contract must e signed by all pa: . es having an interest in the
PROPERTY.
STATE OF MINNESOTA
COUNTY OF SCOTT
On the y of , 20-, before me, a Nota ublic, with and for
said County perso lly appeared Jack G. Haugen and Frank Boyles, to e personally
known, being e by me duly sworn did say that they are the Mayor an ity Manager,
respectively, the City of Prior Lake, a Minnesota municipal corporation, ed in the
foregoing. trument; and that said instrument was signed on behalf of the m . cipal
1:\06 files\06 pud's\northwood meadows\final pud contracl.doc
Page 10
invalidate or render unenforceable any other I"~'u lision hereof, and the remaining
1""'u'/isions shall not in any way be affected or impaired thereby.
18. CONSTRU,-- BON
This CONTRACT shall be construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, CITY and DEVELOt'bK have caused this
CONTRACT to be duly executed on the day and year ftrst above written.
Approved by the City Council on the 7th day of August, 2006.
DEVELOt'bI< :
ByL,L
Its ~l ~ll..J- MfA ^~
DEVELOPER:
By
Its
DEVELut'hK:
Bv
Its
CITY OF PRIOR LAKE
By:
Its Manager
By:
Its Mayor
This DeveL.r'J,ent Contract must be signed by all parties having an interest in the
PROt'bKTY.
STATE OF MINNESOTA
COUNTY OF SCOTI
On the day of , 20-, before me, a Nu,t-j Public, with and for
said County personally appeared Jack G. Haugen and Frank Boyles, to me personally
known, being each by me duly sworn did say that they are the Mayor and City Manager,
respectively, of the City of Prior Lake, a Minnesota municipal corpu~.J..:on, named in the
foregoing instrument; and that said instrument was signed on behalf of the municipali
1:\06 files\06 pud's\northwood mead. , '., ,I'". ..aI pud CODtnIct.doc
Page 10
corporation and acknowledged said instrument to be the free act and deed of said
municipal corporation.
STATE OF MINNESOTA
COUNTY OF M....J 1 1 fir-lift {;'~I
Notary Public
The foregoing instrument was acknowledged before me this
A"'''kJf , 2(l;1? byf..../;rAINlII... V and by
p c-:s..J , ...J. and of .No d III..>v,ulJJ/ ~4j/J"'d
Corporation, on behalf of said corporation.
ANTHONY L. WESTRUM
Notary Public
Minnesota
My Commission Expires Jan\I8IY 31,2010 ,
:ls- 'I:.'. day of
who are the
L L { ,a Minnesota
~_j1' ~
Notary Put5lic
STATE~~~SOTA
COUNTY .~COTT
The foregoing L~:"'^. , Jment was acknowledged before me .1 (
,20_ and by 7s
and of J'
Corporation, on behalf 0 id corporation.
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrume was acknowledged before me this
, 20_ b and by
an of
Corporation, on b alf of said corporation.
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Notary Public
day of
who are the
, a Minnesota
day of
""" who are the
",,", a Minnesota
"
Page 11
corporation and acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF SCOTT
Ute foregoing instrument was acknowledged before me this ~ day of
RlJ~l,{~ . 2~byKuY"h~ I\!v)Vl~ and by who are the
Pr~t1-b1t and - 0(Mt.Mk'-\ \nvv1 ~~h'Minnesota
"corporation, on behalf of said co~oration. dy//j- .
.. STEPHANIE J. MARTHALER
Notary Public-State of Minnesota
My Commission Expires ~ Public - V"
January 31. 2001 Notary
The foregoing instru nt was acknowledged before
. 20 bv and by
and" /
Corporation, on behalf of said
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrumen as acknowledged before me this
.20_ by and by
and of
Corporation, 7f of said corporation.
Notary Public
1:\06 files\06 pud's\northwood meadows\final pud contracl.doc
day of
who are the
, a Minnesota
day of
who are the
. Minnesota
'\
Page II
corporation and acknowledged said instrument to be the free act and deed of said
municipal corpv:'Quon.
Notary Public
STATE OF MINNESOTA
COUNTY OF SCOTI
~ore ing instrume~as ac wledged. be. fore me this ~ day of
. 2~ by d bi C II I... " . ") who are the
U and ofl'lJA~UVV . a Minnesota
Corpv.ut;on, on behalf of said ~.}'v.~ion.
a c:o,.CML.SON
. =~~.IINNESOTJ"l
..~..,. I T -_Jan.31,201C
I I II e~__~~
(/~
Public - ! '-
STATE OF
COUNTY OF S IT
The foregoing inst:rum t was acknowledged ber'ore e this
.20_ by and b~
and"\. of
COIpv",...;on, on behalf of sai rpv.ut;on.
day of
who are the
. a Minnesota
STATE OF MINNESOT
COUNTY OF SCOTI
day of
who are the
"\. , a Minnesota
'"
The foregoing in ent was acknowledged before me thi
_by and by
and of
Corpomtif on behalf of said c...pu..uon.
Notary Public
1:\06 files\06 pud's\nord1wood meado1 ..!'"".." I pud ".d""'~'doc
Page 11
.l4EE OWNER CONSENT
TO
DEVELOPMENT COl't.lKACT
)lo,..ii/.J()(!) fi'leJuwJ . ill I~...I\J A()/frl~JI ;r~.) , which holds a mortgage on the
subject property, the development o(which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this 2..S!..~ayof-A....,,,, JI ,20(){.
/
~d{J~
fJc~Ji-J.dr:4
Norff(JJlIu j .A~~L.....; f Lt:
STA 1E OF MINNESOTA)
COUNTY OF JI ('1/1lt'iJ'~ )
,
The foregoing instrument was acknowledged before me this ~f t! day of A.. I J..J:/
20L, by 1#,..../ iT DOf'JAH .A& rfAMJv,;" j ,Ajl!~ .Ic.-..vJ LLt
f ('~j,.;J ell. f
( ss.
ANTHONYL.WESTRUM
Notary Public
Minnesota
My Commission Expires January 31, 2010
,.
~~~~
NOT MY p.JJf{tfc .
-
DRAt< Hill BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 pud's\northwood meadows\final pud contract doc
Page 13
.l4EE OWNER CONSENT
TO
DEVELOPMENT COl'l J.KACT
...."".~~ofwm ;Sg<MnK>l~d>et~.~~~~~~::
Devel "." 'I,.;',. Contract shall.. ;..... ,::,.1' in full 1\....." and effect even if it forecloses on its m." ~ge.
Datedtbis 2y' ~Of 4.!1t. II ,20 0 ~
W'd~_~
STATE OF MINNESOTA )
COUNTY OF ~~.......-1 )
The iU'''6U:'.g instrmnent was acknowledged before me 1his ;:;:x.J""'day of k I/...rt;
20~ by W. \ "'A: 1-'1 A. Fe.1d 1Ytcv\. ' '0
( ss.
~~~
. SHEILA ANN MARTINSON
, NOTARY PUBlIC. MlHNESOTA
My CommiSSIon Exlllres JIn. 91, 2010
DR.AJ:t BID BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 pud's\northwood meadows\final pud c ";,, ,J.doc
Page 13
MORTGAGEE CONSENT
TO
DEVELOPMENT CO~ lKACT
~ I~~ ~ . which holds a mortgage on the
subject ..' "I' ,,,4, the development of which is governed by the :L,,&!>":..g DeveL i" _.,...1. C .,. i ",:ct, agrees that the
Development Contract shall. ........in in full Iv. "''' and effect even if it forecloses on its mortgage.
Dated this ~+' day Of~~--*,.~.
STAlE OF MINNESOTA)
COUNTY OFJ 6iU) (ss.
01, The EU""l!)u:'.g instn,.........: was acknowledged before me this':l1 day: of
20. by t>ttf\.,e( 12-; ~'7h".o( U P o~
~
A 4.<] tA. S1 .
r0~. u.rj1.A ~~r{4J- ~IC <l f<.
NOTARY PUBLIC
DRAt:< ItlU BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
KATHLEEN M. CHLAN
Notary Pu~lic.M\Ilnesota
My COnleO,$5. 01 ExpireS Jan 31, 2010
1:\06 files\06 pud's\northwood meadows \final pud contIact.doc
Page ] 4
08/28/2006 10:00
6126671344
WELLS FARGO eMF MN
PAGE 02/02
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
&..w-~ ~ &/IJ t:..~ Af.A. , which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even ifit forecloses on its mortgage.
Dated this :Jf> ~ay of Ao(,()~7, 20~.
~.
;I< . ',0
::.JA~a- ~. . tn-K.
A1/t='
STATEOF~OTA) ~
( S9,
COUN1Y OF C
The foregoing instrument was lic~led
20 D '" · 1: ~.,
\iuL~ ~
.....p tl1J1~f1';. Of2()u~ .
e-r /C... I!J ~~ i [, 4.. Un ~
AI.,4 .
O.J..u.J .~~ ~
NOTARY ptGUc
DRArlWBY:
.
CHERYL D. '*DEMHUNI
NOTARY PUiIUC."'-A
.. ir Ct......I~_~I. ii'l
City of Prior Lake
16200 Eagle Creek Avenue SE
PriorLake,~nnesom 55372
1:\06 files\06 pud's\nonbwood mcadows\final pud contract.doc
Page 14
MORTGAGEE CONSENT
TO
DEVELOPMENT CONu:<ACT
Lakeland Construction Finance, LLC , which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in fuII force and effect even if it forecloses on its mortgage.
Dated this t;\~ day of A~~'1t .200lo.
.,,/7/J - -~ I f to.O.
~ l): ~I
,
STATE OF MINNESOTA)
( ss.
COUNfY OF DAKOTA )
The foregoing instrument was acknowledged before me this 25t.hday ofAl12:1.'8t-
20 06, by Rollert J. Macha~-Cliief-UpE!rat:l.ng
Officer for Lakeland Construct1on ~1nance, LL~
L11/l~~d p
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\06 files\06 pud's\northwood meadows\final pud contracl.doc
Page 14
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the East Half of the Northeast Quarter of Section 4, Township 1 14, Range 22, Scott County,
Minnesota, lying northerly of the following described line:
Cvuuuencing at the southeast comer of said East Half of the Northeast Quarter; thence on an assumed
bearing of North 00 degree 56 minutes 24 seconds East, along the east line of said East Half of the
Northeast Quarter, a distance of778.55 feet, to a point hereinafter referred to as Point A; thence North 00
degrees 56 minutes 24 seconds East, along said east line, a distance of 690.65 feet; thence North 89 degrees
03 minutes 36 seconds West, a distance of20.91 feet; thence southwesterly, a distance of 669. 13 feet, along
a tangential curve, concave to the southeast, having a central angle of 41 degrees 30 minutes 00 seconds and
a radius of 923.81 feet; thence South 49 degrees 26 minutes 24 seconds West, tangent to said curve, a
distance of 117.54 feet; thence southerly, a distance of 207.39 feet, along a tangential curve hereinafter
referred to as Curve A, concave to the east, having a central angle of 47 degrees 15 minutes 00 seconds and
a radius of251.48 feet; thence northeasterly, a distance of 167.37 feet, along said Curve A, having a central
angle of 38 degrees 08 minutes 00 seconds and a radius of 251.48 feet, to a point hereinafter referred to as
Point B; thence northwesterly, along a line not tangent to said curve, a distance of 643.86 feet, to a point on
the west line of said East Half of the Northeast Quarter, distant 1180.00 feet south of the northwest comer
of said East Half of the Northeast Quarter and the point of beginning of the line to be described; thence
southeasterly, a distance of643.86 feet, to said Point B; thence southwesterly, a distance of 167.37 feet,
along said Curve A, having a central angle of38 degrees 08 minutes 00 seconds and a radius of251.48 feet;
thence South 02 degrees 11 minutes 24 seconds West, tangent to said curve, a distance of 180.76 feet;
thence South 87 degrees 48 minutes 36 seconds East, a distance of81O.00 feet, to the point of beginning.
Together with:
That part of Government Lot 5, Section 3, Township 114, Range 22, Scott County. Minnesota, described as
follows:
Commencing at the southeast comer of said East Half of the Northeast Quarter; thence North 00 degrees 56
minutes 24 seconds East (assuming bearing) along the east line of said East Half of the Northeast Quarter, a
distance of 778.55 feet to the point of beginning of the land to be described; thence South 89 degrees 03
minutes 36 seconds East, a distance of24.69 feet; thence North 00 degrees 56 minutes 24 seconds East, a
distance of 493.05 feet; thence North 89 degrees 03 minutes 36 seconds West, a distance of 24.69 feet to
said east line; thence South 00 degrees 56 minutes 24 seconds West, along said east line, a distance of
493.05 feet, to the point of beginning.
And
Section 04, Township 114, Range 22, P/O E Yz NE Y4 COM SE COR, N 1469.2 feet, NW 20.91 feet,
CURVE SW923.81 feet, CURVE SW 117.54 feet, CURVE SW 40.01 feet, TOPOB, CURVE SW 251.48
feet, CURVE SW 280 feet, CURVE SE 122.66 feet, SW 583.4 feet, N1090.99 feet, SE 643.86 feet to POB.
And
That pare of the East Half of the Northeast Quarter of Section 4, Township 114, Range 22, Scott County,
Minnesota described as follows:
Cuuuuencing at the southeast comer of said East Half of the Northeast Quarter; thence on an assumed
bearing of North 00 degrees, 56 minutes, 24 seconds East along the east line of said East Half of the
Northeast Quarter a distance of 1,469.20 feet; thence North 89 degrees, 03 minutes, 36 seconds West a
distance of20.91 feet; thence southwesterly along a tangential curve concave to the southeast having a
radius of923.81 feet, a central angle 41 degrees, 30 minutes, 00 seconds, an arc length of 669. 13 feet;
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 15
thence South 49 degrees, 26 minutes, 24 seconds West tangent to said curve a distance of 117.54 feet;
thence southerly along a tangential curve concave to the east having a radius of 251.48 feet, a central angle
of 47 degrees, 15 minutes, 00 seconds, an arc length of 207.39 feet; thence South 2 degrees, II minutes, 24
seconds, West tangent to said last described curve a distance of280.00 feet; thence southeasterly along a
tangential curve concave to the northeast having a radius of 286.71 feet, a central angle of 24 degrees, 30
minutes, 45 seconds, an arc length of 122.66 feet to the point of beginning of the land to be described;
thence continuing southeasterly along said curve having a radius of 286.71, a central angle of 50 degrees,
29 minutes, 15 seconds, an arc length of252.64 feet; thence South 72 degrees, 48 minutes, 36 seconds East
tangent to said last described curve a distance of 55.00 feet; thence easterly along a tangential curve
concave to the north having a radius of 580.84 feet, a central angle of 38 degrees, 00 minutes, 00 seconds,
an arc length of385.23 feet; thence North 69 degrees, 11 minutes, 24 seconds East tangent to said last
described curve a distance of 63.39 feet; thence northeasterly along a tangential curve concave to the
southeast having a radius of 1,181.99 feet, a central angle of5 degrees, 56 minutes, 49 seconds, an arc
length of 122.68 feet to a point on the east line of said East Half of the Northeast Quarter distant 481.21 feet
northerly of the southeast comer; thence southerly along said east line a distance of 481.21 feet to said
southeast comer; thence westerly along the south line of said East Half of the Northeast Quarter to the
southwest comer of said East Half of the Northeast Quarter; thence northerly along the west line of said
East Half of the Northeast Quarter distance of 344.00 feet; thence northeasterly a distance of 58,340 feet to
the point of beginning.
Together with and subject to an easement for public roadway described as follows:
A strip of land 66 feet in width, in that part of Outlet A, NOR THWOOD, Scott County, Minnesota, and that
part of Government Lots 5 and 6, Section 3, Township 114, Range 22, Scott County, Minnesota, and that
part of the east half of the Northeast Quarter of Section 4, Township 114, Range 22, Scott County,
Minnesota, the centerline of which is described as follows:
Conunencing at the southeast comer of said East Half of the Northeast Quarter thence on an asswned
bearing of North 00 degrees, 56 minutes, 24 seconds East along the East line of said East Half of the
Northeast Quarter a distance of 1469.20 feet to the point of beginning of the centerline to be described,"
thence North 89 degrees, 03 minutes, 36 seconds West a distance of20.91 feet; thence southwesterly along
a tangential curve concave to the southeast having a radius of923.81 feet, a central angle of 41 degrees, 30
minutes, 00 seconds an arc length of 669.13 feet; thence South 49 degrees, 26 minutes, 24 seconds West
tangent to said curve a distance of 117.54 feet; thence Southerly along a tangential curve concave to the east
having a radius of251.48 feet a central angle of 47 degrees, 15 minutes, 00 seconds, an arc length of 207.39
feet; thence South 2 degrees, 11 minutes, 24 seconds West tangent to said last described curve a distance of
280.00 feet; thence southeasterly along a tangential curve concave to the northeast having a radius of
286.71 feet a central angle of75 degrees, 00 minutes, 00 seconds, an arc length of375.30 feet; thence South
72 degrees, 48 minutes, 36 seconds. East tangent to said last described curve a distance of 55.00 feet;
thence easterly along a tangential curve concave to the north having a radius of 580.84 feet a central angle
of 38 degrees, 00 minutes, 00 seconds an arc length of 385.23 feet; thence North 69 degrees, 11 minutes, 24
seconds East tangent to said last described curve a distance of 63.39 feet; thence northeasterly along a
tangential curve concave to the southeast having a radius of 1181.99 feet, a central angle of 5 degrees, 56
minutes, 49 seconds, an arc length of 122.68 feet to a point on the east line of said East Half of the
Northeast Quarter distant 481.21 feet north of the Southeast comer; thence continuing northeasterly along
said curve having a radius of 1181.99 feet, a central angle of 6 degrees, 07 minutes, 36 seconds, an arc
length of 126.39 feet; thence North 81 degrees, 15 minutes, 49 seconds East tangent to said last described
curve a distance of225 feet more or less to the centerline of North wood Road and there terminating; AND
A strip ofland 66 feet in width in that part of Outlet A, Northwood, Scott County, Minnesota, and that part
of Government Lots 5 and 6, Section 3, Township 114, Range 22, Scott County, Minnesota, the centerline
of which is described as follows; Beginning at a point on the east line of said East Half of the Northeast
Quarter distant 1469.20 feet north of the southeast comer; thence easterly at right angles to said east line a
distance of 427 feet more or less to the centerline of North wood Road and there terminating.
1:\06 files\06 pud's\northwood meadows\tinal pud contract.doc
Page 16
EXHIBIT B
FINAL pun PLANS
SHEET INDEX
1. OVERALL PUD SITE PLAN
2. OVERALL GRADING PLAN
3. OVERALL UTILITY PLAN
...1l..AND
D~
\
\
i
,-
./
ounDT If.
~~
'....
\
THE BlUFFS \
NORTH~ MEADOWS \
\
i
\
\
\
\
'-
'"
:2J'\
\
"-
.,
\
,
\
-- r::::"\ \
lf~ \ f
.~---~--~
-- PARK~'" "
~ ~'- OUTlOT A .'.i ""=
~ THE VILlAS
- OF
NORTHw:lOO MEADOWS
""1._
-....: ~
LEGEND
t .. ~
......
QUl'MC IQIIUIII FEET
e
.
.......
--.
..., -
~~~~ ~='\NIt. [:,:",:~':"':":':\:'~':':i
PI.NEERenginmitfg :,,"':'~-:=*'I! ".~. ~-"IlTI.IllJfO.d'"
=----:;::-==-- =--= 1:....---. - I...._...~...
~ ---...- ----.- ...-- - ~
9y__
OVEkALL I'UD srm PLAN
~~
INU'CLI!T lAND I., ~ ;,.. ... ""
CARDDW.. DBVBI.Ol'US4T<aouP
I)l'VAiA Y IIOWB!I
1:\06 files\06 pud'smorthwood meadows\tinal pud contract.doc
Page 17
AREA CAlClLAlKlNS
-"".
eo"-'l.1IIE1lMe_,.
:f"':~t$....
~~,~!'!
._-
DENem' CAlCUL'TIONS
'"
'U......-a/...tlM:aMI...na~.I(a(
THE SLUFFS
DEVEl.OPIIENT SET8ACtli8
~~'~
.ct_II1VO:CS'.......1lCIII
U. ..... WtWCI(
:'_.lDr'W_"~
WoIIlD(.l.ClI',"2'_1
.-u.,l(ll'~
fl' IIllOIf anra:
i: .:::=
'.....l.QII'tnstflC(llMlb
"'lI(l[lDI'jN"~1
1M[ "'-lAS
DIMl.OPIIENT lIET8ACKS
...--
:t.......1ftIIIIa
r___
..-..-
..,...-.MIII
lHE OO>[S
DE~OIr S(lBACKS
..~
a''''' ~
..--
VlEn..NCJ /BASIN SETBAQi.S
--
MWicI.MlI"'~
1CIlII.....IMIW_
,~:~~ ~ ......-
UMIIfi'UlalIlUloll'dMlf" ...
1.OIIlUf000000~_J._""
QIItCUC) R.OOR AREA RATIO
llm.,,~,UIln'1:I. UN..
lun..,^"" ..,--,. ltll_..
... """T'" w.m . ..... .
U"'!if""".:t~. 11.1...
"'IIfL.MIM..~p
IIlIPERVIOU8 8IJAFACE Qlt.LCULATIONS
1IfI.:" .."",ICIIIlt
==: :U~=
,... _Ut_
.... _ <<to _ 17.11 JaG
_ClM!MIIl'..7t.....
.......,.~.....l
~~ .........
~=~~ft
---
--
""""'"
,*-aNa -....,..lOlI'llOI!'JT't'llUDIImiIi.
~~-..,....~UNT
PAftK SUUIllM''i
..,. P" ,.,..
LUIlO
=~~tlOI't)
-3Il11lC111tS
:'f1:=
... 5.0.ctl:!l
."'"....u
PROOF OF PARKIMC;
~..ft...2tt
::-=-~...2..YII1(IllwI1).1)o1u.tS...tH
Gl'l'IWIIEf~ ..0
ClT'Y PRCl.IRCT Wl"i~201
NOR~~~DOWS ] + 3
00
=j
~~
~~
e':;;J
~~
~~
z
S
='
~ -~
isi; ~ si~ i;i~! ~I: -
~ I
LI
~ J
f 81
q
S
III!
~3
~il
'J
~
~ ~~; ~ ~ I l:il~' ~ I
g~5!: ;:;~ Il:a! !!I;
~ E
.'11. ,1,1.
~I.!! fLu
t
I
I'
~II
II
ill
II
~' ~
-~ ~i ~ I
. I ..
~i
i
~
00
-
...
gr
~
~
I
Jim
!
g
'tl
~
'"
o
<.l
..,
'"
P-
o;
~
~
o
1
j
'"
:0
'"
P-
\0
9
'"
~
l..:l
\0
~
EXHIBIT B
FINAL pun PLANS
)
,
'-
,
,
I
1.,-,.. ('_;;-
. ,.....,...~::.~-............/ rfr......,.-l.\., I
('/ ......--\ L./ \ .,.... j,
..,., j_n_t., -..-)f (\. \"......) '~...../
\ /...1----~ ~ ".J -\--+.",~7_ ,,;-- )
\ y,,-.... ;:", ~;' 1 .-\ Kc"
'l ~ A.. .......'--' /1 nE ELLFFS
" f;-: ~~:----\\:1? <:.>~,.: IIEAOOWS
I V-..). t..___\ (' \~
: (', 'I I,
t......~..... 1....../ \-)
_ _ 'y /':f,/'-~ 1'1
.J'/, \ ,--__l
..........,
'\
" ,
'-'
'\.--
;
/)
/'
---:;-....."
I
I
I
, I
--.=:':.;!.
--.........~
l1
!'
....:y
()
'~;~~~~f;~~~H~~~;>)~~_~.
......,', ----..--....-.. .,~-
"/ \=::~~.....,_ ->'fY
.--------.~
m"=i,~Hl'C*..lIU'fOCIIt1'Ul
Uu_'i:Oi.M_~~. . ...
....L....
_PlaNEER.np..mng , _""',,'w _
!!!!!-::!= --- !$;'5!'!!:_1 =.~.__' :. _ __1-.."" j. .
lllll......._ /?:"l
OVI!RAIL ORADINO PLAN
I~
aTY PIlOJI!CT WJ.:I07
NORTRWOOD MEADOWS
---
2 + 3
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 19
EXHIBIT B
FINAL pun PLANS
(~ ThtE Ill.UFfS OF NORtHWOOO IIEADOWS
v
{ fj l
.J;
.--._---~\\
/ ......--../
!
//
I
I
I
I
i
i
!
i
J
j
(
i
\
\ ~J
\ -//:::..--
'- ----
.""
,,'Z\\
~-
~~~ICn.
=~~
~~~
~--
, ~. i
.......ICIIIW...UT
PlaNEER....:.... :.~
se--==. ..........0MlII ="is:'=-I~~-=-..::::' :..._ __I~
~;'mH
OVEllAlL UTILITY PV.N
Ir~~1
crrYl'ROIIlCt""'-,.., -
NORnIWOOO IolEADOWS r 3 I, 3
---
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 20
EXHIBIT B
FINAL PUD PLANS
i
i
i
i
i
~
I g} ........ - ... (lI<CIlUOUS)
i* .............. ",""
:~
!
i
i
"
I
I
,:
I
i
50
o
'00
I..
~
1MH.._......._...
. '. Y f.u.oo
uw.._ _ MU'
e--~-~~
. . ~: ,E'-'i.
....
r'lil;=t.i:~
~=&.~~~D:lfO"DJT
.,.-
AA:E WID_
~,,=;ar12 - lAQR 1HItl
IIIO(FI1.....~_-&SB:.
tl:Mfp(EI:JI'1[JIflf'UlNllGKlE
IIHRlD -'~~.MOf~~
~!,~OO&
I =. ~ 111ICAlICW ~ (3$ REO.Rn sa: 1aIoWJ"
=_. !~-!~;.I-::; :c
. I~ .
; ,', ..........
I ' .n. I 1IV,Ml"..... .."'"
-, . .' ., - :~ ~-_. ....n I :=::1 TREE / SHRUB DETAIL
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
.~
......1.........
......... oIQ.......
.. ...... .~.....
. - -. . . . .. . 1:)' . . . ..
.'. :::::.' ....:::::.
-.. ..............
....... .... -...
".:-=-'':'.' .:....:....;...:...:._.;.~&-
.............. .
PI.AIIItlG IIlIEI:
I
[,11: J
,.-, d1~ I
'-' c:: f' fft
fHI';" i ~
_ II U
~,-
f~~ll
II:i1
aim
~15~ !
z ~15u .
:i~",;;: I
.,
lib.o~.::,~,.."'-:'-~~TUGCAB!TAlE (IE'" tOJRS IIffCAe Nt(
it.. M~~~jlJ:::o~.,.~~~=::D~..
~S~ m=c,.~u MTMJ,S) IV II E IU.DSl AlleR 10 III e IISlNCE
~~ .~ "'"''.aw.L''."''' ".AIJ.~AII) PlAJInJ<<j
__ ..... GENil:M..tnt:carnIlCIOA. ME GENERALtntClClNTRlltCl'QRlHUliIE
FIll 00l:IRI-.1JrtG Pl.NmJIC) ,fCTMlU to 0CX1II AFrat . E SW1 PRIVATE
U1lI.f'IIQ ME A.N:lb.
4.1 1.;--.""".,aw.LNOTIf-Y~ GI__coa:::sRte
-.at IElXIIE N'PAIl9If AFtER QGGN3
Nm.~'"...... ~~:a"oC>>.Y6'
~~=~ .
B) All ER:lI!IOM IlAMCET AII:llS INllU RfOEM: ED TYPE 250 AT ,. RATE a ~".
Nt) TlI'E 1 DII5K.w;:JOB:l MW:tt AT ARllllE a:l tIMa/IGL
~~a~~~~~:.cfU~~T~~
-t__
Uo:i'=:~~=~==~_~""~T
A""1!a2~N1IIL
-.J M.1. &lMJ MID IlCIDG NIiAI !tWJ. WAVE ll'PE 23_0- 3lI (JfIIQ FBfTUZER
A.PP..B) AT It MTE CF JlXata!Jal..
1Rb.~~~~a.~1lW>L ..l
In..~-''IIE l.trA~ ItWJ. BE AIW$TED tN ntE FEW IfTBt aJIJ>>fG NlO DIM
I ~ARf ,; :'J ;.. f'UW.r.REfI'NI)FROtfJYARDlIEElOCAl)C)Ir8l1US1'
f'ClU.DI'ClTY ..' ..1. ItS.
Page 21
a
; i
~
z!;
~ il!~ 18;' j
CDj=i 3; II.
tifll I!I
Eig! ~II ~
..II", 'f" CD
5111 i.ti;
!;...
~
____RI:
'lI:r"" ~"'llC"
.... ..::.:r.:.:-
_..!!&.-....tItI
.... Iff! ..:
__ 1ft...
_ft_
..'" ..-
------
HrI
U-10
EXHIBIT B
FINAL pun PLANS
~--
~ . -' 0 0 "(;J ~ 'l"r' 0 l;j ~ ."'tf:>
~UUUUUI I
4 II . 7 . . 10
WID
'IP
r--
/
~"""1'lCIl
'-.
;""
-'------..-
.,.. ~ WI' , .
.PLANllNG NOTES:
PLANT SClEDUlE:
~------
"l'!!!l!"" $MN)[ 1IlEE"
I -SWMI. m CXIM::It NiI\ME
100
! 0 ..........1Wl.I:
t:) '--
. I ............,
(oj · --...
~lffBJ=-'1 ~
I S'fY3OL :m' ~ HAlE
r l' itl'r;&NlUtMtE
r ..--
" ...... c.... ......... .. -.,.... tlt .......... tit __ .......... ........
2 ....~.'..__.to\dlOlllJ..............__, ___ ............
_.
3. .....................tIIIilI.....................__~..____....
... . tt1.. II........... -..-................. OR...................,......
__in"JlMIIiIl ...........,.............._..~
Ii "........"''''.............. ,.................. .....~I
~-=:r='=~~..:-~;. ......Md..
.. .......dIMIIIOftD.......,..... ...............c.d.......
f. :.~~5.6.:~JJ::.7.7.:~~.=:-':.t-
Il :::..'1..-;....~ ~_...=*-.=.::..~...... --.. -- bt..
.. ~..=..:r.:..~=-f::..~;:.=-==~..::.r--r Ill..
.. =-:.::':'4...........J::~-n.:=.~.::.....
tl ~~.....................O'Z....ot............_......,..
,,_'nIt.............~............--.:I........,..............................._
wn''';IlL -.
Ill(. ij;T"'
.......
---
,...,. ......,
....... -
....... -
U"OL .. i
U. DlL .. t
..--
......................
I l>:>T-=>l .....
---
-....
10" IROOT I
I'HI'. _
~...- ..
~ n,g t"...", I
~ ........-....-1
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 22
iiL,;;a...:*"?1
;tll'l'.........
'\il ftr. . , ...."..-.,.
~...vr_
r~ .... If_
...,...-...-
_...~.. -
.... -
II.UM-, ...-_-=
... _. RC.
....... ..-
~
l WI...... r.-:,
Li:'L.., :i)" IS 11lE[ PUI/IIIIl DET.U
w--= vr. r-r ...........
If...vmr...
___0
ll::'lUI'I'.::fr ..
-.:.....lu.......r
..." I(N'.)
=~....::.-.".-
- ." ....,.,...
=lI~:g:~
,."..........IG5&
-
-
~wJll"__1I'I
iici........WIa.........
CD
l!alUOUS lREE PlANllNG DETAL
_w.f.4'
."""'.&JIE' ~~
~.~-~;.:;~,~'.~'=s~~LfJr. "'0 TRfHt
1011 OF TOT"'- tIJUElEFl OF ll&8 P'I.NftQ) MUST ee
.- _ (I....)
___ uma&'IinN .....~
451REES REQUlIE) [2.5" 0IIRS'f0II'V 11&. (If .. ~ ~
flEE 1'1& . '.;' ~., I, ON PI.Ni)
mill ,.,. .....~
45+<fOoo15 TReES REOlJfI:i) (I,NI:II5ICW. MIOOoll"OI~)
t-.
W
an PROJECT f 05-207
j;
Ii
IJi
I I
i I
Jil;
-
- -
-...
.
i(il~ J i
;W;'tJ tf'
rh~!~
!lliM
t
~p
i ~~
z ~@i
~ it:
i l~
-;/3/011
04-109
7
EXHIBIT B
FINAL pun PLANS
,
/'/
/
LANDSCAPE REQUIREMENTS
OYEIlSTOftVTIlEE$
.. ;:.::..~-.;::
\ ~ ~ ~=-==
-\~~~~~
l~. ,........ "-I
-'-- -, ~----......,; '/~""'J""_ \ ................1-
~" "\. ,,/ J., I
(/ --\ &./ \ '1 \.
)--, ~.....)( r~ \ .........) '\....)
J---uJ t.J '-,~ l; "L-._ "
~_ ~ \. /~'- 't-; L' f.{./
'-..../'"~ ,\ ........1_-' /.J
\~-\" /
",', ........._'--"'.~'").., '
~~ ,....' - ", -I',
" ) (( -~,.--"
I t/~ ........__, , '0-
. r /' \ ,
It) " '..... ~
I Y-y l)j:/~--" i i
l_~ " ,\ r--l
~..-- '___J .
,.1
~-
~
._-
..___-.II'
"""----"'"
_':0'1"'..._....__-..:.__01'.1
..........~ -;:-;;;"ffi
aJNfiI1R. TM!! PlAHTIG m.....
CECDJOU8 lIIEE P\..NrfTING CETAL
""""""'" IlOICS
.~-==--.:t:1o
1:=-:t~=-=~.
."'---~....~'"'-
";;:,--::::::::.=:. ':=::z:
....----..-.-,...
...--<<
-.........,.-
":..=-.-:'Il::w::. ...~...
-==-=-l:"-'-~'-'Il.
'~"C.o
"&--"i~::.::.:-.....:.i.
._...'_J#"l....a::r::...-
Oia:&;::i?::-=="s:::.=-=
~~-:::.;::"'..:""...::--- -.=..
'!=,..~;=:l4;~:;:&~~
V'"
.. ..1 :z:
:-.::.:.
5.~ ~
~ -~ ~:-
L:"" -r
.-.u.c ... . ..,
1=':1
r.l'l..CLu\UI'llfll\t
LANDSCAPE PLAN
CITY PROJECT #05- 207
MANLBYLANDDEVEI..OPMHNJ 1HE BLlJIo]i'S 0." I ,.~
US::'~......, NOR~\V$
PlaNEER...J. .....1Ig
...---- --.... ....""......,.1- '-. I~. .-
-.... i'ii............ ----- ~.~ - ~
.--
,-~
1:\06 files\06 pud's\northwood rneadows\final pud contract.doc
Page 23
EXHIBIT C
FINAL pun RESOLUTION
RESOLUTION 06-xx
A RESOLUTION TO APPROVE A PLANNED UNIT DEVELOPMENT FINAL PLAN AND
CONTRACT FOR DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT TO BE
KNOWN AS NORTHWOOD MEADOWS
Motion By:
Second By:
WHEREAS,
Cardinal Development Group, Donnay Homes, Inc., and Manley Land Development, Inc. have submitted
an application for a Planned Unit Development Final Plan to be known as Northwood Meadows; and
WHEREAS,
The Prior Lake Planning Cvu.luJssion considered the proposed Final PUD Plan on July 10, 2006; and
WHEREAS,
The Planning CVU.lu~ssion found the Final PUD Plan to be in substantial compliance with the approved
preliminary plan and recvuuuended approval of the Final PUD Plan; and
WHEREAS,
The Prior Lake City Council considered the proposed Final PUD Plan on August 7,2006; and
WHEREAS,
The City Council fmds the Final PUD Plan in substantial compliance with the approved Preliminary PUD
Plan; and
WHEREAS,
The City Council finds the PUD Final Plan is compatible with the stated purposes and intent of the Section
1106 Planned Unit Developments of the Zoning Ordinance.
NOW Itl.l!iREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) The Final Plats and Development Contracts must be approved by the City Council.
3. The Mayor and City Manager are hereby authorized to execute the Contract for Development of Land as a
Planned Unit Development on behalf of the City.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006.
YES
NO
Haue:en
Dornbush
Erickson
LeMair
Millar
Haue:en
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 24
EXHIBIT D
DEVELOPER INSTALLED IMPROVEMENTS
DEVELOPER INSTALLED IMPROVEMENTS include the financing and/or construction by
the Developer on the PROPERTY and identified on the approved plans including, but not
limited to, the following:
. Streets, curb and gutter, both public and private
. Water supply
. Sanitary sewer
. Storm sewer/stormwater improvements, both public and private
. Grading, drainage, and erosion control improvements
. Sidewalks, park parking lot, and trails
. Required landscaping, including trees, topsoil and sodding
. Street lighting, both public and private
. Grading, topsoil, turf establishment and construction of the trails to the specifications
provided by the City for the parkland
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 25
EXHIBIT E
ENGINEER'S ESTIMATE
FOR
HAWK RIDGE ROAD SIDEWALK
IN
PRIOR LAKE, MINNESOTA
July 19, 2006
Contnu:t Item
Unit
Unit PrIce
Bid Estimate
Quaotlty I Amount
Section A . Streets
S'x6" concrete Sidewalk w/S' Sand Base
Sod 3' Behind Back of Curb
Concrete Pedestrian Ramp (Sidewalk)
Remove. Dispose & Restore Existing Driveways
Common Excavation & Disposal
Sy
SY
EA
EA
CY
$43.22
$6.00
$31S.00
$I,Soo.oo
$2S.00
250
250
1
4
100
$10,805.00
$1.500.00
$315.00
S6,OOO.OO
S2.Soo.00
Total Street Contract Amount
5%1.120.00
The above estimate asswnes that the construction of the sidewalk will be done in conjuction with the sidewalk
construction for the Bluffs of Northwood Meadows, so there will be no addition mobilization costs.
1:\06 files\06 pud's\northwood meadows\final pud contract.doc
Page 26
LOCATION MAP
NORTHWOOD MEADOWS PUD
J/
-
\L
. , . , , I I I I I I I I I V J 1 "1 . .<........i/
- III "'-1t
~ *-,-
II 1__--1 12:0.UJ.-.
_ LllL_: :~.
JlJ*-- I II I ~=
'TIll - ! I! I _
.- _I II I: '
J1W= II I _ '
__ =]IJJ:J~~_ RW-LI' 0~~.\ 1-
___II f I / / I I I I """".""", , . 1'-'-
1000
I
o
1 000 Feet
I
Cl)
Planning Commission Meeting
July 10, 2006
ent for denying it was because ofthe design. The design didn't change.
coniferous trees are worse than deciduous. eight foot fence will
not shield ything but the fence. You are better off th a deciduous tree where
most of the s . elding would be above the fence lin .
. I don't disagree at outside storage is appropri in the industrial zone. I don't
even disagree tha ou can store this equipme on this site; it is just the proposed
design for the CUP.
Matzke explained the appeal ocess and rea e conditions of the Conditional Use
Permit. The applicant mu own property withi 350 feet of the site to appeal.
MOTION BY BILLINGTON,
CONDITIONAL USE PERMIT
Vote taken indicated ayes by Billinm
Stamson. MOTION CARRIED.
Joanne Swenson, 174 Deerfield Drive, questione ow the public would know if the
applicant met the c ditions.
Kansier plained the Conditional Use Permit process. The applicant has a year to begin
cons ction.
~
B. EP 06-131 through 136; Donnay Homes, Manley Development and Cardinal
Development are requesting Final PUD Plan approval for Northwood Meadows.
Planning Director Jane Kansier presented the Planning Report on file in the office of the
City Planning Department.
Manley Land Development, Cardinal Development Group, and Donnay Homes have
applied for approval of a development to be known as Northwood Meadows on the
property located on the west side of North wood Road, directly west of the Northwood
Oaks development and east of Spring Lake Regional Park. The proposal calls for a
residential development consisting of 136 single family homes along with parks and trail
on a total of 79 acres.
On March 20,2006, the City Council adopted Ordinance #106-05 amending the Zoning
Ordinance to designate the 79 acres as a Planned Unit Development. The ordinance
listed the elements of the PUD as follows:
a. The PUD is a single family development consisting of lots from 7,150 square feet
to over 30,000 square feet in area. The PUD plan provides a minimum of34.74
acres of park, including a 5.75 acre active neighborhood park.
b. The total number of units on the site will not exceed 136.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN07J006.doc
9
Planning Commission Meeting
July 10,2006
c. Density and impervious surface within the Shoreland Tiers must not exceed the
totals identified on the plans dated December 13, 2005.
d. As part of the park development, the developer is responsible for grading, topsoil,
turf establishment and construction of the trails to the specifications provided by
the City.
e. The elements of the plan will be as shown on the plans dated December 13, 2005,
except for modifications approved as part of the final PUD plan.
The ordinance also required the following conditions be incorporated into the final plans:
a. A wetland mitigation plan must be approved prior to any grading on the site.
b. The plan must be revised to include a driveway access to the park.
c. Revise the plans to address all of the Engineering comments in the memorandum
from Assistant City Engineer Larry Poppler dated January 5,2006. All grading,
hydrology and stormwater issues must be addressed prior to any grading on the
site.
d. On the final PUD plan, clearly indicate which lots will be allowed a 7.5' side yard
setback.
e. As part of the final PUD plan, provide a table which will enable staffto track the
impervious surface on the site. Overall impervious surface may not exceed the
percentages shown on the plans.
f. As part of the park development, the developer is responsible for grading, topsoil,
turf establishment and construction of the trails to the specifications provided by
the City.
g. The developer must submit a cash escrow of $45,000 for a playground structure
for the park as part of the development contract.
h. Provide street names unique to the City street naming system for all streets.
1. The developer must submit a Letter of Credit in an amount equal to 125% of the
cost of the required replacement trees.
J. The developer must work with City staffto determine the feasibility oflocating a
trail on the south side of the development adjacent to Spring Lake Regional Park.
If the staff finds this trail location is feasible, the developer must construct the
trail.
k. The developer must escrow funds, in an amount to be determined by the City
staff, for the construction of a sidewalk on one side of Hawk Ridge Trail from
Northwood Road to this development.
The final PUD plan includes all aspects of the development. This PUD is somewhat
unique in that it involves three separate developers. Each developer has submitted a
separate final plat for their portion of the development. Each of the subdivisions is
described below:
The Coves of Northwood Meadows: This portion of the project, to be developed by
Cardinal Development, is located on the south end of the entire development. It consists
of approximately 40 acres to be subdivided into 40 lots for single family homes, 2 park
parcels and 1 outlot for stormwater ponds.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071 006.doc
10
Planning Commission Meeting
July 10, 2006
The Villas of Northwood Meadows: Donnay Homes is responsible for this portion of
the development, which is located on the west side, adjacent to Spring Lake Regional
Park. It consists of approximately 10 acres to be subdivided into 20 lots for single family
homes and 3 outlots for park purposes.
The Bluffs of Northwood Meadows: Manley Development is developing the Bluffs of
Northwood Meadows. The subdivision encompasses the northern portion ofthe site, and
consists of approximately 49.50 acres to be subdivided into 74 lots for single family
homes, 3 parks and I outlot.
The staff felt the Final PUD Plan is consistent with the approved preliminary plan, and
has addressed the conditions of approval of the preliminary plan. Any of the conditions
that are not addressed by the PUD plan, such as engineering issues, will be addressed
before the final PUD plan and the final plats go before the City Council.
Commissioners Ringstad is abstaining from comments and voting because of a business
relationship with one of the properties.
COMMENTS FROM THE PUBLIC:
Frank Blundetto from Manley Land Develv}'Ulent said they have no issues with the staff
report and will fulfill their commitments.
Todd Murr, 3022 Hawk Ridge Road, questioned the proposed parking lot on the south
side of Knoll Road. Kansier explained staff reviewed the parks layout and made the
decision there would be 3 accesses to the park and would have a couple of bump-outs that
would not congest certain areas. Murr asked if there was a new plat indicating the
locations. Kansier pointed out the parking areas. Murr believed the City Council
approved the plan without the parking lots. Kansier said the City Council placed a
condition that the developer needed to work with staff to provide an access and parking
for the park.
Murr went on to question the tree removal. His expectation was that 40% of the trees
would be removed. Kansier explained tree removal is based on significant trees, which
are specific species and size. There may be trees on site that are not considered
"significant" and can be removed without replacement. She also went on to explain the
replacement value and reforestation. Kansier also spoke on the PUD process.
Murr questioned the time line for the extension of Hawk Ridge Road. Poppler said it
depends on the approval. Probably sometime this summer.
Murr asked ifhe could weigh in as far as the landscaping. The cul-de-sac is so large it
actually egresses onto the property. He did not want a slope and then a flat area. Kansier
said the engineering department or Frank Blundetto from Manley could work with him.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071 006.doc
11
Planning Commission Meeting
July 10,2006
Stamson questioned the bump-out parking lots. Kansier said there two spots at three
locations for a total of six parking spots.
Stamson questioned why the bump-out parking and not on-street parking. Kansier said
on street parking is somewhat limited. They were trying to provide some off street
parking so residents wouldn't have difficulties trying to get in and out of their driveways.
There is a lot of concern expressed at the Planning Commission about creating a larger
parking lot and this was a compromise.
Stamson questioned maintenance for the access. Kansier said the City usually does not
plow internal trails like this. Poppler said the Parks Advisory decides what is maintained.
Tammy Murr, 3022 Hawk Ridge Road, questioned if anyone was ever out to the site.
Murr said she was amazed at how many trees were removed. She thanked Frank
Blundetto for helping save trees along the path. Murr questioned how far the path from
her property is. She also stated she did not want a sidewalk on her property as it would
detract from her home. Murr felt a sidewalk was not necessary. Kansier pointed out the
sidewalk/trail areas in the development. Poppler said the City wi1110cate the trail to
avoid trees in the area. Murr asked if there had to be a sidewalk on Hawk Ridge or could
it be discussed. Popper said staff works that into the Capital Improvement Program and
the City Council weighs in on that. The staff felt it is necessary to connect to Northwood
Road. Murr questioned who she should go to next to protest the sidewalk and tree
removal.
Poppler replied the area had not been surveyed and went on to explain staff looks at the
topography to see what side makes most sense for a trail. Staff would probably prefer to
have it on the south side if it can work.
Heidi Sheffield, 3061 Hawk Ridge Road, is opposing the sidewalk on the south side of
Hawk Ridge. Their yard is very steep and they have already landscaped the area.
Stamson said this is not the place for deciding which side of the road the sidewalks are
going in. Kansier said the decision was already made by the City Council that there
should be a sidewalk. The developer is responsible for escrowing the funding but not
building it. Not sure ofthe exact process because it is different from a public
improvement project. Poppler said they could have a neighborhood meeting and
mentioned staffhad a recent neighborhood meeting regarding a sidewalk which became
quite adversarial.
The public meeting was closed at 7:30 p.m.
COMMENTS FROM THE COMMISSIONERS:
Billington:
. Like the project. It's a great plan and addition to the community. Support.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071006.doc
12
Planning Commission Meeting
July 10, 2006
Lemke:
. It is consistent with the previous meetings. Recommend in favor.
Perez:
. Agree with Commissioners - it is consistent and as long as conditions are met.
. Good to see park connections. Support.
Stamson:
. Agree with Commissioners - staff did a good job laying out the conditions.
Everything has been covered. Support.
MOTION BY PEREZ, SECOND BY LEMKE, RECOMMENDING APPROVAL OF
THE FINAL PUD PLAN SUBJECT TO THE LISTED CONDITIONS.
Vote taken indicated ayes by all. Ringstad abstained. MOTION CARRIED.
The target date to go to City Council is August 7.
C. 05-230 Wensmann Realty is requesting approval of a P
Jeffers Pon Second Addition.
Final Plan for
Planning Directo Jane Kansier presented the Planning Report d
in the office of the ity Planning Department.
lied for approval for the second ase of the Jeffers Pond
development on property cated at the southwest quadr t of the intersection of CSAH
42 and CSAH 21. The entir effers Pond developme is a 336 acre mixed use
develvpment. The first phase the development, co structed in 2005, included lots for
96 single family homes, 67 to mes, the school Ite and the park.
Jeffers Pond 2nd Addition includes 5. acres 1 ated east of Jeffers Pass, west of CSAH
21, south ofCSAH 42, and north ofR be Ridge Road. The original plan called for
development of 40 townhouse units; the sed final plan is proposing development of
23 single family detached dwellings, red 1
COMMENTS FROM T
Plan be subject to the following
The staff recommends approval of t
condition:
Terry Wensmann, of ensmann Homes was present to answe y questions. The
reason for the chan is the demand for this type of detached townhouse. It is not a
product that they ave in the Jeffers development.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071 006.doc
13
~~