HomeMy WebLinkAbout5C - Stonebriar 2nd Additon
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA#:
PREPARED BY:
AGENDA ITEM:
NOVEMBER 5, 2007
5C
DANETTE M. MOORE, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTIONS AMENDING A FINAL
PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT CONTRACT
FOR STONEBRIAR AND A COMBINED PRELIMINARY AND FINAL PLAT
FOR STONEBRIAR 2ND ADDITION
DISCUSSION:
I ntrod uction
Ryland Homes has applied for the following actions regarding the site located
south of CSAH 12 (170th Street), northwest of MN TH 13, and east of
Pheasant Meadow Lane:
. An amendment to the Final Planned Unit Development known as
Stonebriar to allow for the addition of one (1) single family lot (a
combination of 3609 170th Street and Outlot A of Stonebriar).
. A Combined Preliminary and Final Plat of the site at 3609 170th Street
and the adjacent Outlot A (to allow for the creation of Stonebriar 2nd
Addition).
History
On January 2, 2007, the City Council approved the Stonebriar Final Planned
Unit Development and Final Plat. The approved Plat and PUD allowed for a
residential development consisting of 32 single family lots and 5 outlots for
parkland, ponding, trails, a private street, a monument sign location, and
Outlot A which was anticipated to be combined with the property at 3609 170th
Street in the future.
The previously approved 10.02 acre Stonebriar PUD had the following
elements:
a. The PUD is a single family development consisting of 32 lots for single
family homes and outlots. The PUD provides a park and open space
(2.14 acres) dedicated to the City, trail, and the funds to construct a
pergola and play structure ($35,400).
b. The total number of units not to exceed 32.
c. Density and impervious surface within the Shoreland Tiers will not
exceed the totals identified on the plans dated October 5,2006.
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.
Ryland Homes owns the property at 3609 170th Street (adjacent to the
www.cityofpriorlake.com
1:\07 files\07 pud's\stonebriar\amendment\cpft~8g'~.44 7.9800 / Fax 952.447.4245
Stone briar Development at the southwest corner of Stonebriar Circle and
170th). In May of 2007, a spec home for the Stonebriar development was built
on the lot. Since that time, the developer has decided it would be beneficial to
have the corner lot at 3609 170th Street as a part of the Stone briar PUD.
Current Circumstances
In the narrative submitted by the developer (attached), the following items are
detailed as benefits to the City:
. Payment of the park dedication fee ($3,750) for the additional lot being
added to the PUD.
. The construction of a sidewalk along the west side of Stonebriar Circle,
along 170th Street, extending to the first intersection within the
Stonebriar development.
A portion of the Stonebriar development is within the Shoreland District.
However, the amendment area (3609 170th Street) is not in the Shoreland
District and will not negatively impact the previously allowed impervious area of
the PUD.
Combined Preliminary and Final Plat:
The request for a Combined Preliminary and Final Plat relates to the land area
of the property at 3609 170th Street and the adjacent Outlot A. At the time of
Final Plat for Stonebriar, Outlot A was created in anticipation of this future
combination with the property at 3609 170th Street to allow for a more
symmetrical lot configuration. The request being made by the developer is
consistent with what was anticipated with the creation of Outlot A.
The newly platted lot will meet all lot dimension requirements for a standard
single family lot. In addition, the newly built spec home at 3609 170th Street
meets all setback requirements and is architecturally compatible with the
architecture approved as part of the Stonebriar PUD.
PROPOSED PLAN
Lots: The Stonebriar 2nd Addition Plat will consist of one (1) single family lot
equaling 14,996 square feet.
Access: No access modifications are being proposed. The current access
point off of Stonebriar Circle will be maintained.
Sanitary SewerlWater Mains: Sanitary sewer and water mains are in place for
the existing residential structure.
Storm Sewer: No grading changes to the current runoff patterns are being
proposed.
Streets: No new streets are being proposed.
Sidewalks/Trails: The developer is proposing to construct a sidewalk along the
west side of Stonebriar Circle from 170th Street to the first intersection within
the Stonebriar Development.
1:\07 files\07 pud's\stonebriar\amendment\cc report.doc
2
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
A RESOLUTION TO APPROVE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FINAL
PLAN KNOWN AS STONEBRIAR
Motion By:
Second By:
WHEREAS, Ryland Homes has submitted an application requesting an amendment to the Planned
Unit Development Final Plan known as Stonebriar ; and
WHEREAS, The Prior Lake Planning Commission considered the proposed amendment to the Final
PUD Plan on October 22, 2007; and
WHEREAS, The Planning Commission found the amendment to the Final PUD Plan to be
consistent with the purpose of a PUD and 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 November 5,
2007; and
WHEREAS, The City Coun.-:;i1 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 PUD Development Contract must be signed by the developer and approved by the City
Council.
b) Prior to the release of Stone briar 2nd Addition mylars, the developer must pay any necessary
fees.
PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2007,
Haugen Hauaen
Hedberg Hedbera
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF
"STONEBRIAR 2ND ADDITION" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO
RELEASE OF THE FINAL PLAT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By:
Second By:
The Prior Lake Planning Commission conducted a public hearing on October 22, 2007,
to consider an application from Ryland Homes for the combined preliminary and final
plat of "Stonebriar 2nd Addition"; and
Notice of the public hearing on said combined preliminary and final plat has been duly
published and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
All persons interested in this issue were afforded the opportunity to present their views
and objections related to the combined preliminary and final plat of "Stonebriar 2nd
Addition" for the record at the public hearing conducted by the Planning Commission;
and
The Planning Commission and City Council have reviewed the combined preliminary
and final plat according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said combined preliminary and final plat to be
consistent with the provisions of said ordinances; and
The Prior Lake City Council considered an application for combined preliminary and
final plat approval of "Stonebriar 2nd Addition" on November 5, 2007; and
The City Council has the authority to impose reasonable conditions on a combined
preliminary and final plat.
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 preliminary plat of "Stonebriar 2nd Addition" is approved subject to the conditions set forth in
this resolution:
3. The final plat of "Stonebriar 2nd Addition" is subject to the following conditions, which shall be met
prior to release of and recording of the final plat:
a) The vacation of the existing drainage and utility easements must be approved.
b) The resolution vacating the easements must be recorded just prior to the final plat.
c) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by February 5, 2008, will render
the final plat null and void.
FIN!;! ';I~;jdtyd>f'pridrla'ke,lcom!!' ;t't'
Phone 952.447.9800 / Fax 952.447.4245
PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2007.
Hauaen Hauaen
Hedberg Hedberg
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
L:\07 FILES\07 SUBDIVISIONS\07 PRELIM & FINAL\Stonebriar 2nd Addition\plaUesolution.DOC
STONEBRIAR 2ND ADDITION
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COUNTY STATE Ala HIGHWAY N\q2'~: e. (170m STREET) _ __/' , :r.
-- - _ - _" ,jCOTT !Ql.IN)'X RIGHT OF WAY PLAT NO, 38 =:......._...... ,;/
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TYPICAL IMPERVIOUS AREAS OF HOMES
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Lot am .rvlous Surf.c. Calculations. Ston_bnar SITE DATA
8torm.......r ''''pervlou&, %
lock L.. Lot"',., .~. etl.otAr. Pad AI.. DrwvAr.. .~. Ilmo.Mo.... EXISTING LANO USE: R-LjIlD URBAN LOW/llEDIUM (2030)
, , ',U2 0 ',ru 2.A7I 0, S,OM; .... EXISTING ZONING: C-l, NElGHBORHOOO COIIMERClAL
, . 7.... 0 7.... 1.,4115 '" ..... 4'.'
1 , 7,7$& 0 1.7" %.475 '" >.... ".7 PROPOSED ZONING: PUO
, . 7.... 0 7.... 2.47li O. n--_.-!'~i ....
_. , ---i. -.5,12' 0 ---,;12, ----%",4'75 01 3,00' -j2. GROSS AREA: :10.0179 ACRES (10.2979 W/2NO ADDN)
, . 10,OM 0 10,0t.4 2..~7' ." >.- Z'.I NET AREA: :10.0179 ACRES (10.2979 W/2NO ADDN)
, , .... . 1,112 2.~7' 0' >.- U.,
, f---{ ..... _ .__-:L_.- .~m _._~:~~ .'-_~=ID ~~~t. ,. ...,
---'1 ---l;i2z -j,ij.t GROSS OENSlT'I: 3.19 UNllS/ACRE (3.19 W/2ND ADDN)
, , 1,'2' 0 ,ez' %,47' ." 2,00' ~H; NET DENSITY: 3.19 UNllS/ACRE (3.19 W/2ND ADON)
. . 1,'&1 . ',a1 2,"71 ." >.-
> , 7,ltO 0 7,'10 1,471 ." >.... TOTAL UNllS: 32 (33W/2N0 AODN)
. . 1.... 0 1.... 1,"71 ." 3,OiCli: "1.'
. . 7.... 0 7.... 1,471 ." :!I,DOI' ... SINGlE fAMILY (6D-70'X120')
. . 7.... 0 7.... 2.411 ." S,OM! 41.' MINIMUM AREA 6900 Sf
. 1 7.... 7.... _ _.:;;; ~ __~_:;.; .~_~:;L ~_~
. _.! ~_.!o~.3 .. ..- .-_! -_-!~
> , 1',U1 . 1'.971 2,471 0' >.- U.. PARK/OPEN SPACE SUMMARY
> , 11,"" 0 11,'1' 2,4n 0' >.- .. STQRWWA 'fER PRIVATE OPEN NET PARK
.-.--j{----.*---!.~-jt_.,----- -:f ----\~,,-~;:t--.-,_;;i+_---~:=+- ----j~:~ OUROT GROSS AIlfA NlEA AAEA AREA
> . 7.... 0 7.... m 0' >.... .... ACRES ACRES ACRES ACRES
PARK 1 0.9985 0.1791 - 0.9305
. 1 7,100 0 7.... 2,'71 0' 3,oot' ".. 0 0.5613 0.2337 0.J350
. . 7.... 0 7.... U71 ." >.- .... E 0.7122 0.7122 -
. > 7,no ... 7,1" 2,.7' ." >.- .... PARI< 2 0.0985 - 0.0985
. . 13," 1,H2 11,7112 z..n 0' >,- ...
7,IOS . 7,50:1 2.<471 ." '.... ..., TOTALS 2.3705 0..,28 0.7122 1.36<4.0
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I,IU 0 ..... %,<4n 0' >.... pr~~~(';'-~I
. . 12:s3 0 9,D3 1...71 0' >.- 32.' TOTAl PARK OEOlCA nON - 1.3640 ACRES ,(l"C~",,'"
. . 7,111 0 7'11 2,47' 0' ..... ... 1~ PARK DEOlCA 110N REauRED - 1.0179 ACRES (1.2979 W/2ND ADIlN )
2ND-~T:OH _!!!.~ - 0 -~!... .!"~-~r-'-' ~1 -- "_~~i.. .- 43.3. EXCESS PARI< OEDICA liON - 0.:H81 ACRES (0.0525 W/2ND ADON)
, , "... ._. 0 U,9H Z.J~ _..!!! ;!'!~.~t-- - _20.1 ~~ ;~CT ('0~;;;: :::;)- 23.45"
TOTAL LOT AREA 291,371 TOTAL LOT IMPI!I!:YIOU$ '9,101 n.
TOTAL SITE IMPERVIOUS COVERAGE
PROOF OF PARKING
RF"OIIIRFl1 PARKINC
2 PER UNIT " 33 UNllS - 66
NET AREA
(SF)
lOT AREA 299371
OUn.OT/pARK AREA 131224
(LESS STORM BASINS)
IMPERVIOUS AREA
(SF)
99JOB
11853
PROvtnf'D PARKLNC
(2 PER U",T(CAR) + 2 PER UNIT(DRWI')) . 33 UNllS - 132
OFFSTREET PARKING (ONE SlOE Of STREET) - 48
TOTAl PARKING SPACES ... 180
TOTAl AREA
108045
430595
TOTAl PRo..ECT IWPER,,",OUS ( ~= ~) 25.09"
GROUND FLOOR AREA RATIO
2475st /UNIT" 33 UNITS - 81675 Sf'
TOTAl UNIT AREA -...aJ.AZ5....S[
NET AREA 4485n SF
- 0.1821 GFAR
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!lI.DOC: 1. PHEASANT MEADOWS
11TH AN ElEVATION (X
171.51 fEET (NGW 1121)
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PRlYATE UWTY lMM01 lOCAOON
ANALP.U.D. SITE PLAN
AMENDMENT # 1
RYLAND HOMES
7m ANAOkAM tIUYB
EDEN PaAUUB. MINNE$OTA.5S344
STONEBRIAR 2ND ADDITION
KNOW A.U. PERSQHS BY THESE PRESENTS: That The RyI<7ld GtlllJp, Inc., g WQI"y1ond corpo'"liotl. In onfl'. 01 till fo~o.ln..
I;\acrb.:l proP.ly ,Ib"alld In the County of ScotL Slate af Wln"...,lo. to ";1,
STATE Of MINNESOTA
COUNTY C1F
The lorllQoln\l s........)<><.. Certl~cat. .os ClCImowllOdged lMIlur, me Inil ~ do~ of ----' 20_.
by Jcfl" C. LOI"SOfl. Wlnn....!" License No. 19828
NotoryPubl",_Counly.r.l\olnnclo
My Comm_1on E"""..
Lot 3. B10dc 1, Wc;CORWIClC ACRES and OUtlot A. STONE.llRlAR. acc:ordn9 to tn. 'KO'd..:! plate Iller,,,!, Scott CcoJnty, WJnnesotQ.
Hal ~..d tn. ItlIr'nI 10 t>e ~d <11'I0 plattod 01 STONEIlftIAA 2ND AOOlnOH on" does h...eby donale ""0 oedlcllle to
U..pul>llclorpublleu..for_U\...,..."."t.........,....""tnl.plcltfor...OW'094'(Wloutlllypurpot.MOt1Jy.
In.ltn_....ereofsaldTh.R)landGr~.IIIO;',O..Qr)II'""d<:"'Jloroll"".M"cau_lh.sepr..."t.lobI
slgnedbylbproperDHIc:..tl\ia~<lClyof~2D_
OTY COUNaL
OTY Of PRIOR LAKE
This plot of STONEBRIAR 2ND ADOrllON ..... "Ppr......,.;l ""0 oceepted by the CIty C""nc~ of 1M City of Prior loIt.. IIInnnclla
ot 0 ,..Iar ",..tin." th..-eof IIl11d tlIlJ _ doy of _ 20~ and plJr....onl to U.S.A. 505.03 Subdv.2,
_or. r. con'ormanc.
.~....
mE R"tUND GROUP, INC.
STATE Of W1NNESOTA
COUNTY OF
SCOTT COUNTY SUR'w'EYOR
PU...uonl 10 ..irm..ola Stotut... Section JIl9.09. Subd. 1, o. amended., Ihi:l pial h..., b... ,.",.onloCl and appro"'ld
\I,.~doyaf 20
Th.fDl'".9Dln9ln.t"'m..,t....ockn_ledgedbeforem.lhi._doyof~ 20~
by the of Th. R}land Cr....p, Inc.. a ~or)Iand
Carparatianan beltQlfafth.cotparallan
Na.....y Pu~1c
Wy Commlalon (xpir..
County...lnn.....ta
SCOTT COUNTY TREASURER / AUDITOR
"""
SC"IIC....nly~
I h...y certify thot I ho... .......)"d and pla1t~ III. property deec:rlbecI an th'" plot.. STONfBfllAR 2NO AOOlT1ON,
thDtlt>..p1at..ocorr<<.t.._tatlanofth........y;thalalldhltancnar.eorTlICtly..oomonth.plotrtfnl
and hundredth. of 0 Ioat, thai all manum..t. Ita... b-. ~tct!y placed r. lit. oraund a. lItown; lltot lite D\ttIIide
b_dary Ir... or. corr.dly 6u/9r1otMl on the plat; and Uta! III". are 1\0 ..llond. 011 d.n...., In "inri_to Stolllt..,
Section 505.02. Subd 1. orpub/lc hlgltwoye to be dlOliQne.t.d otlt<< tlIon oellh_n.
i....lsr.dtn"'~doyof
I ".....y cerlify that tn"CLIfT..tond delin""ent 10.... on !he lands daecribedorithin..... pGId e.ndlh" tr.....f.
SCOTT COJNTY RECORDER
,,~
1t>....eby'*"Ufylhatlhi1lplal.oellledlntt>;sofflC<ltlll._doyaf~
20~ot_o'clocl<~".o.0"""m.nINo,
S19nscl by
Jah.nc. Lor....... P,afnsional Land Su""'l""
W..n.....laLIc.....tlo.1982l1
Scott CauntyRec:ord'"
I ~.~ I WILLOWS 3RO AOOITION 13~ "I CI~A~~VI~~86 I ~LLOWS SIXTH I is ~~ ~OOITlON .1 WESTEDGE ESTATES
___..J::,( ...JL_____ ___ _ _ __~W<IOU1 LCQNQQMltiIU...M.L___ ------~7 g:5 ---- - - -- ---_
~~ /l1~ NW 1/4" COUNTY STATE AID HIGHWAY NO.12'-, (170TH STREET) _~//~
~--37ii.J-~~--lf-~--~------~~-~jjg-~;;> -:; ~CQII_CilllNl'LBLGJiLQf-Y:iA'ffl~I--'i.Q,.~~i~.::,:_ _____ _____ .:~2_________________+-_
, "-':~1~~s'::'t1(: ~i8 DR....tl!oCtANO N86'45'05\~~~ r, "~'"
'(SCOTTCDUNlY..OM"'UH) l;f)g UltUlVu.sEMDlT~.,,,, ,\\ ~--------_..::Jrr...._--------o....-____
I - \ (~ +' - ~ - -'~ !:f i~----~, ) ,,:;--.., - - -
) I B( ~~~: ",C,,-,,-~ r .~~ I COUNTY STATE AID
"' -,,>-<VI I DCI( 5~ I LOT 1 I 8!,--+~ HIGHWAY NO.12
~ ~-/ \C":'lIl~ I : ~i!'~ 'I (170TH SlREET)
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SECTION 10, T\IIP.114, RCE. 22
lOCA~WAP
LW
i
depllt~
_---tl[CORNERDF"1ME
~~ NE1/4llf"src..10
-~ (FOUNO IRON PIPE)
rrn)--~;-!: il '\11! It; r~ll
W, SEP I 8 '"07 I ~)I
By .____._____
. DENOTES rOUND IRON UQNUMENT.
BEARINGS ARE BASED ON "THE NORTH UHE OF THE
NWl/4 OF THE NE 1/4 Of" SEC. 10, T. 114, R. 22
WHICH IS ASSUIolEO TO HAil( A BEARING OF EAST.
~I.~JE~Rengi~ng
PLANNING COMMISSION MINUTES
MONDA Y, OCTOBER 22, 2007
1. Call to Order:
Chairman Lemke called the October 22, 2007, Planning Commission meeting to order at
6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke and Ringstad,
Planning Director Jane Kansier, Planning Coordinator Danette Moore, Planner Jeff
Matzke and Recording Secretary Connie Carlson.
2. Roll Call:
Billington
Fleming
Lemke
Perez
Ringstad
Present
Present
Present
Absent
Present
3. Approval of Minutes:
The Minutes from the September 24, 2007, Planning Commission meeting were
approved as presented.
4.
Consent:
None
5. Public Hearings:
Commissioner Lemke read the Public Hearing Statement and opened the meeting.
A. Ryland Homes has applied for the following requests at the site located south
of CSAH 12 (170th Street), northwest of MN TH 13 and east of Pheasant Meadows.
. EP07-142 An Amendment to the Final Planned Unit Development known as
Stonebriar.
. EP07 -144 A Vacation of existing drainage and utility easements at 3609 170th
Street.
. EP07 -143 A Combined Preliminary and Final Plat of the site at 3609 170th
Street and the adjacent Outlot A to create Stonebriar 2nd Addition.
Planning Coordinator Danette Moore presented the Planning Report dated October 22,
2007 on file in the office of the City Planning Department.
On January 2, 2007, the City Council approved the Stonebriar Final Planned Unit
Development and Final Plat. The approved Plat and PUD allowed for a residential
development consisting of 32 single family lots and 5 outlots for parkland, ponding,
trails, a private street, a monument sign location, and Outlot A which was anticipated to
be combined with the property at 3609 l70th Street in the future.
Ryland Homes owns the property at 3609 l70th Street (adjacent to the Stonebriar
Development at the southwest corner of Stonebriar Circle and 170th). In May of 2007, a
spec home for the Stonebriar development was built on the lot. Since that time, the
developer has decided it would be beneficial to have the corner lot at 3609 170th Street as
a part of the Stonebriar PUD.
In the narrative submitted by the developer, the following items are detailed as benefits to
the City:
. Payment of the park dedication fee ($3,750) for the additional lot being added to
the PUD.
. The construction of a sidewalk along the west side of Stonebriar Circle, along
170th Street, extending to the first intersection within the Stonebriar development.
The amendment area (3609 170th Street) is not in the Shoreland District and will not
negatively impact the previously allowed impervious area of the PUD.
The request for a Combined Preliminary and Final Plat relates to the land area of the
property at 3609 170th Street and the adjacent Outlot A. At the time of Final Plat for
Stonebriar, Outlot A was created in anticipation of this future combination with the
property at 3609 l70th Street to allow for a more symmetrical lot configuration.
The developer is requesting to vacate the current 10 foot wide drainage and utility
easement along the north and east boundary and 5 foot wide draina~e and utility
easement along the west and south boundary of the lot at 3609 170t Street. New
drainage and utility easements will be applied along the boundary of the newly
configured property with the platting of Stonebriar 2nd Addition.
If all portions of the request are approved, Stonebriar 2nd Addition will become part of the
Stonebriar PUD. Approval of the Combined Preliminary and Final Plat, Vacation and
PUD Amendment requests will not negatively impact the nature of the existing
neighborhood or the future Stonebriar development.
The staff recommended approval of the requests, subject to the following conditions:
1. The PUD Amendment, Vacation, Combined Preliminary and Final Plat and
Development Contract must be approved by the City Council.
2. The PUD Development Contract must be signed by the developer and approved by
the City Council.
3. Prior to the release of Stonebriar 2nd Addition mylars, the developer must pay any
necessary fees.
Comments from the Public:
Applicant Brian Sullivan of Ryland Homes said Danette did a great job in presenting the
report. He would remain present to answer any questions.
Ringstad asked Sullivan how the market was going. Sullivan said when they first opened
the spec home they had a lot of traffic and interest. Since that time they have basically
been on hold with the road construction.
There were no comments from the public and the hearing was closed.
Comments from the Commissioners:
Ringstad:
. Agreed with staff's assessment and recommendations on all three items. Bringing
the Second Addition into the PUD; payment of the park deduction fee and the
sidewalk construction is consideration enough to approve.
Billington:
. Second the comments and support the recommendations.
Fleming:
. Support the recommendation as proposed.
Lemke:
. Agreed. I find the park dedication and sidewalk to be in the City's interest.
MOTION BY BILLINGTON, SECONDED BY FLEMING, RECOMMENDING
APPRO V AL OF THE PUD AMENDMENT, VACATION AND COMBINED
PRELIMINARY AND FINAL PLAT SUBJECT TO THE LISTED CONDITIONS.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on November 5,2007.
DEVELOPMENT CONTRACT
STONEBRIAR
AMENDMENT NUMBER 1
PROJECT#EP 07-142
This AMENDMENT NUMBER 1 ("Amendment") to the DEVELOPMENT CONTRACT dated
May 21,2007, for Stonebriar is entered into this 5th day November, 2007, by and between the City of Prior
Lake, a Minnesota mW1icipal corporation ("City"), and The Ryland Group, Inc., a Maryland corporation (the
"Developer").
Stone briar (referred to in the Development Contract and this Amendment as the "Plat") is legally
described as shown on attached Exhibit A which is incorporated herein as if fully set forth.
Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and the Developer (collectively "Parties") agree as follows:
1. SCOPE OF PROJECT. Paragraph 5 of the Development Contract lists the components of
the approved PUD Project. This paragraph is amended as follows:
A. 5.1.2 The total number of W1its on the site will not exceed 33.
B. Add the following:
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5.1.8 As part of the PUD, the developer shall furnish the CITY with an additional park
land dedication fee in the amount of$3,750.00. The fee shall be paid prior to the
release of the FINAL PLAT documents for Stonebriar 2nd Addition.
5.1.9 As part of the PUD, the developer shall construct a sidewalk. along the west side of
Stonebriar Circle, along I 70th Street, extending to the first intersection within the
Stonebriar development.
2. MT..r;;;CELLANEOUS.
A. Amendments. All of the provisions of the DEVELOPMENT CONTRACT for
Stonebriar, with the exception of these amendments, shall remain in full force and effect, unless otherwise
amended. No additional amendments to this Development Contract shall be valid unless in writing, signed
by the parties and approved by resolution of the City Council. The City's failure to promptly take legal
action to enforce this Development Contract shall not be a waiver or release.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Amendment is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Amendment.
C. Assignment. The Developer may not assign this Amendment without the prior
written approval of the City Council which approval shall not unreasonably be withheld. The Developer's
obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the
entire Plat, or any part of it.
D. Interpretation. This Amendment shall be interpreted in accordance with and
governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import,
without reference to any particular section or subdivision, refer to this Amendment as a whole rather than to
any particular section or subdivision hereof. Titles in this Amendment are inserted for convenience of
reference only and shall be disregarded in constructing or interpreting any of its provisions.
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E. Jurisdiction. This Amendment shall be governed by the laws of the State of
Minnesota.
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Page 3
CITY OF PRIOR LAKE:
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By: ~
Its: r)i(.l; Pee.i'J~
. .
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_, by
Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTY OF ~e.V\t'\.-ep.1I\
)
( ss.
)
The foregoin~instrument was acknowledged before me this 3f)~ay of
by JAjt, j,^-f s:m) Iii'^-- ~.
~ nf4,
. . NOTARY PUBLIC
Oc1OW, 2riD.
I
DRAFTED BY:
City of Prior Lake
4646 Dakota Street
Prior Lake, Minnesota 55372
KIM NELSON
Notary public
Minnesota
v commissiOn Expires January 31. 2009
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