HomeMy WebLinkAbout05(I) - Resolution Approving the Final Planned Unit Development Plan and a Resolution Approving the Final Plat and Development Agreement for The Residences at Crest Woods Report
ITEM: 5I
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 09, 2025
PREPARED BY: Paul Moretto, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Resolution Approving the Final Planned Unit Development Plan and a
Resolution Approving the Final Plat and Development Agreement for The
Residences at Crest Woods
RECOMMENDED ACTION:
Approval of a resolution approving the Final Planned Unit Development (PUD) Plan and approval
of a resolution approving the Final Plat and Development Agreement for The Residences at Crest
Woods.
BACKGROUND:
In November 2024, Prior Lake Development, LLC (the “developer”) submitted a proposed revision
to a previsouly approved development plan for this property. The proposal, which was reviewed
and recommended for approval by the planning commission (5-0) on December 9, 2024, included
68 single-family residential units and provided a number of public benefits such as trails,
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increased right-of-way dedication to Scott County, the completion of 138 Street NE to Crest
Avenue, and several other street connections to enhance the traffic flow in the immediate area.
The City council approved the preliminary plat and preliminary PUD plan on January 14, 2025.
Current Circumstances
Prior Lake Development, LLC has applied for approval of a Final Plat and final PUD plan to be
known as The Residences at Crest Woods. The final plat represents the first phase of a multi-
phase development. The overall development proposes 68 single-family residential lots in a low-
density residential development at 13855 and 13755 Crest Avenue SE, near the intersection of
Crest Avenue SE and CSAH 42.
Phase one includes a final plat for the subdivision of one (1) single-family detached residential lot
for an existing single-family home on the property, the necessary right-of-way dedication and
construction of 138th Street NE, and outlots to be final platted in future phases for the remaining
units.
Final Plat Development Plan
The subject parcel is 29.14 acres with 25.40 acres developable for residential homes.
Topography, wetland locations, and the alignment of 138th Street NE, a collector road, require lot
size variations that are not conducive to standard Low-Density R-1 lots; therefore, a PUD was
approved for this development to both minimize development impact to sensitive areas while
maintaining a minimum density of 2.5 units per acre.
The development will be phased development with the initial, phase one, development consisting
of one buildable lot and the construction of 138th Street NE. Additional phases will include villa
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style lots north of 138 Street NE and more traditional single-family detached lots south of 138
Street.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5I
Page | 2
The developer completed a tree inventory and removal plan. The proposed development will
require 861 inches of replacement at 2.5” per tree. Security in the amount of $344,400 will be
required to guarantee replacement.
Development fees will be subject to the standards of the city as required by the fee schedule and
security will be required for the public improvements.
Conclusion
City staff and the developer met and communicated on several occasions as the developer has
worked through multiple plan revisions based on city, Prior Lake-Spring Lake Watershed District
(PLSLWD), Scott County, and Planning Commission comments. City staff has determined the
project is substantially similar to the proposed preliminary plat.
City staff is recommending approval of the final plat and development agreement with the
following conditions:
a. A current title opinion or commitment of title insurance is submitted acceptable to the City
Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Three mylar sets of the final plat with all required signatures are submitted.
d. 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 March 9, 2025, will render
the final plat null and void.
e. The developer shall revise the plans according to the November 25, 2025, City Engineering
& Public Works Department Memorandum.
f. The developer shall revise the plans according to the November 25, 2025, City Community
Development Department Memorandum.
g. City approval is only related to the platting and public improvements as identified in the plans
for Phase One of The Residences and Crest Woods. Future phases of the development shall
require additional review of civil plans.
h. No grading, utility, or site work permits shall be issued prior to written approval of the civil
plans by the Public Works Director or their designee.
i. The final plat and development agreement shall not be released for recording until an
easement agreement is recorded in the office of the Scott County Recorder providing the City
of Prior Lake with the necessary right-of-way and utility easement area over the southeast
corner of Outlot C, Haven Ridge South to ensure sufficient right-of-way to ensure the
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completion of 138 Street northeast of The Residences at Crest Woods development.
FINANCIAL IMPACT:
No financial impact is anticipated as a result of this action.
ALTERNATIVES:
1. Motion and second, as part of the consent agenda, approving the final plat and
development agreement for The Residences at Crest Woods.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Location Map
2. Narrative
3. Final Plat
4. Phasing Plan
5. Community Development / Public Works Memorandum – 11-18-2025
Item 5I
Page | 3
6. Scott County Memorandum – 08-10-2025
7. Prior Lake Spring Lake Watershed Memorandum – 11-12-2025
8. Development Agreement
9. Resolution – Final Plat
10. Resolution – PUD
NHH PROPERTIES
7455 France Ave S :: Suite 351 :: Edina, MN :: 55435
NHHPROPERTIES.COM
September 19, 2025
To: Paul Moretto
City of Prior Lake
4646 Dakota St SE
Prior Lake, MN 55372
From: Adam Seraphine
NHH Properties
7455 France Ave S, Suite 3531
Edina, MN 55435
Re: Crest Woods Phasing Plan
Dear Mr. Moretto:
This letter is to provide an explanation to the phasing structure for the Crest Woods
development. For platting purposes, the project has been broken up onto 5 phases.
The first phase is structured to allow us to merge the two existing properties (13755 &
13855 Crest Ave NE) into one development and to create the newly formed lot for the
existing house at 13855 Crest Ave NE. This will happen in Q4 of 2025; no construction
will commence within this first phase – it is administrative only. Once sitework is
completed in early to mid-2026, the development team intends to complete the 2 phases
to the north of 138th, followed by the 2 phases to the south of 138th. Based on the
current plan, phases 1 through 4 and whether they are consolidated or not will be
determined by on final site work/utility plan and budget.
Please let me know if you have any questions.
Thanks,
Adam M Seraphine
NHH Properties
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OUTLOT B
KNOW ALL PERSONS BY THESE PRESENTS: That Prior Lake Development LLC, a Minnesota limited liability company, fee owner of the following described
property:
That part of the South 537.76 feet of the North 2030 feet of the West Half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott
County, Minnesota, lying west of the East 500 feet of said West Half of the Southeast Quarter, according to the United States Government Survey thereof.
AND
That part of the South 500.00 feet of the North 1500.00 feet of the West Half of the Southeast Quarter of Section 24, Township 115, Range 22, Scott
County, Minnesota, lying north and east of the following described line:
Beginning at the southwest corner of the North 1492.24 feet of said West Half of the Southeast Quarter, thence easterly along the south line of said
North 1492.24 feet to the west line of the East 500.00 feet of said West Half of the Southeast Quarter; thence southerly along said west line of the
East 500.00 feet, 7.76 feet to the south line of said North 1500.00 feet; thence east along said south line of the North 1500.00 feet to the east line of
said West Half of the Southeast Quarter and there terminating.
Together with the South 220.00 feet of the East 792.00 feet of the North 1000.00 feet of the West Half of the Southeast Quarter of Section 24, Township
115, Range 22, Scott County, Minnesota.
Has caused the same to be surveyed and platted as THE RESIDENCES AT CREST WOODS and does hereby dedicate to the public, for public use, the public way
and the drainage and utility easements as created by this plat.
In witness whereof said Prior Lake Development LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer
this day of , 20 .
PRIOR LAKE DEVELOPMENT LLC
By: Its
STATE OF , COUNTY OF
The forgoing instrument was acknowledged before me this day of , 20 ,
By:, of Prior Lake Development LLC, a Minnesota limited liability company, on
behalf of the company.
My Commission Expires:
Notary Public, Signature Notary Publlic, Printed Name
Notary Public County,
SURVEYORS CERTIFICATE
I Rory L. Synstelien, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of
Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all
monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes,
Section 505.01, Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20 .
Rory L. Synstelien, Licensed Land Surveyor
Minnesota License No. 44565
STATE OF MINNESOTA, COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 20 , by Rory L. Synstelien, Registered Land Surveyor.
My Commission Expires January 31,
Notary Public, Signature Notary Public, Printed Name
Notary Public County, Minnesota
CITY OF PRIOR LAKE
We do hereby certify on the day of , 20 , the City Council of the City of Prior Lake, Minnesota, approved this plat and is in
compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By:, Mayor Attest: , City Administrator
SCOTT COUNTY SURVEYOR
Pursuant to Minnesota Statutes, Chapter 389.09, Subd. 1, as amended, this plat has been reviewed and approved
this day of , 20 .
Scott County Surveyor
SCOTT COUNTY AUDITOR/TREASURER
I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer entered
this day of , 20 .
Scott County Auditor/Scott County Treasurer
Signed by:, Deputy
SCOTT COUNTY RECORDER
I hereby certify that this plat was recorded in the office of the County Recorder for record on this day of , 20 ,
at o'clock M. as Document Number .
Scott County Recorder
Denotes a Cast Iron Monument.
N
Bearings are based on the West Line of
the SE 1/4 of Sec. 24, Twp. 115, Rng. 22
having an assumed bearing of N 00°31'20" E.
Denotes a Found Iron Monument (Type as shown on plat)
Denotes a 1/2 Inch by 14 Inch Rebar Marked "RLS 44565"
160408004080
SCALE IN FEET
SHEET 1 OF 3 SHEETS
VICINITY MAP
SEC. 24 - T115 - R22
SCOTT COUNTY, MINNESOTAN
NOT TO SCALE
THE RESIDENCES AT CREST WOODS
Denotes a Set Mag Nail
NHH PROPERTIES
Platting Phases
1st Phase - BLUE: Existing SF home and necessary
roadway and ROW for 138th.
YELLOW/ORANGE/RED/GRAY: Future platted lots.
Sequence to be determined by final utility bidding.
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Property ID - 255341050Owner: SUMMIT PRESERVETOWNHOME HOMEOWNERS ASSOC
Property ID - 255341010Owner: US HOME CORPORATION
Property ID - 255340900
Owner: SUMMIT PRESERVETOWNHOME HOMEOWNERSASSOCIATION
Property ID - 255270850Owner: CITY OF PRIOR LAKE
Property ID -255360330Owner: CITY OF
PRIOR LAKE
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Property ID - 25536032013693 WILDFLOWER WAY NE
Prior Lake, MN 55372
Owner: PLEWACKI JAMES
Property ID - 255360350
Owner: BJW DEVELOPMENT CO LLC
Property ID - 255490010
5779 138TH ST NE
Prior Lake, MN 55372Owner: GUNSTAD JACALYN
Property ID - 255490290Owner: CITY OF PRIOR LAKE
Property ID - 255340890
Owner: CITY OF PRIOR LAKE
(A
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WETLAND
(Not Deliniated)
WETLAND
WETLAND
WETLAND
WETLAND
EDGE OF
WATER
Edge of Water
8" WM
(Per Rec.)
8" WM
(Per Rec.)
8"
W
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8" WM
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8" WM
(Per Rec.)
8" WM
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GHOST PLAT
FUTURE ROAD
CONSTRUCTION
LIMITS (TYP.)
CONSTRUCTION
LIMITS (TYP.)
CONSTRUCTION
LIMITS (TYP.)
CONSTRUCTION
LIMITS (TYP.)
CONSTRUCTION
LIMITS (TYP.)
CONSTRUCTION
LIMITS (TYP.)
Lup
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WETLAND 5
LEAST/LOW
OHWL=994.00
EX 100-YR HWL=995.05
EX EOF=994.35
MNRAM: MANAGE 2
WETLAND 6
LEAST/LOW
OHWL=994.00
EX 100-YR HWL=995.05
EX EOF=994.35
MNRAM: MANAGE 2
WETLAND 3
WETLAND 4
WETLAND 2
WETLAND 1
WETLAND 7
R
R
R
R
30'
30
'
30
'
WETLAND 3
LEAST/LOW
OHWL=996.00
EX 100-YR HWL=998.87
PR 100-YR HWL=998.94
EX EOF=1000.35
PR EOF=1000.35
MNRAM: MANAGE 1
WETLAND 1
LEAST/LOW
OHWL=1012.50
EX 100-YR HWL=1014.71
PR 100-YR HWL=1014.32
EX EOF=1019.50
PR EOF=1015.00
MNRAM: MANAGE 1
WETLAND 2
LEAST/LOW
OHWL=1013.00
EX 100-YR HWL=1014.91
PR 100-YR HWL=1014.53
EX EOF=1019.50
PR EOF=1015.00
MNRAM: MANAGE 2
WETLAND 4
LEAST/LOW
OHWL=1002.00
EX 100-YR HWL=1002.65
PR 100-YR HWL=1002.59
EX EOF=1002.00
PR EOF=1002.00
MNRAM: MANAGE 1
WETLAND 7
LEAST/LOW
OHWL=979.20
EX 100-YR HWL=985.08
PR 100-YR HWL=985.63
EOF=990.60
MNRAM: MANAGE 1
10.
0
50.0
2
0
.
0
50.0
4
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.
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40.
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20.
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20.0
40.0
5
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BUFFER 30'
AVE./ 20' MIN
(TYP.)
WET.
BOUNDARY
SIGN (TYP.)
WET.
BOUNDARY
SIGN (TYP.)
WET.
BOUNDARY
SIGN (TYP.)
WET.
BOUNDARY
SIGN (TYP.)
WET.
BOUNDARY
SIGN (TYP.)
WET. BUFFER 30' AVE./ 20' MIN
(TYP.) & CONSERVATION ESMT.
LINE
WET. BUFFER 30'
AVE./ 20' MIN
(TYP.) &
CONSERVATION
ESMT. LINE
WET. BUFFER 30'
AVE./ 20' MIN (TYP.)
& CONSERVATION
ESMT. LINE
WET. BUFFER 30'
AVE./ 20' MIN
(TYP.) &
CONSERVATION
ESMT. LINE
WET. BUFFER 30' AVE./
20' MIN (TYP.) &
CONSERVATION ESMT.
LINE
WETLAND 6
TO BE
REMOVED
433 SF
WETLAND 5
TO BE REMOVED
1,421 SF
36'x60'
PAD
36'x65'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD 36'x70'
PAD 36'x70'
PAD
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7
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PAD
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PAD
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PAD
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PAD
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PAD
36
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7
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PA
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36
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x
7
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'
PA
D
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36'x70'
PAD
36
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x
7
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PA
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36
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7
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PA
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36
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7
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PA
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7
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P
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36'x7
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PAD
36'x
7
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PAD
36'x
7
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PAD
36'x
7
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PAD
36'x
7
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PAD
36'x
7
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PAD
36'x
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PAD
36'x
7
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PAD
36'x
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PAD
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PAD
36'x
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PAD
36'x
7
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PAD
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5
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PAD
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5
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PA
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5
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PA
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PAD
RRRRRR
RR
R
R
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LO
WO WO
WO
WO
WO WO
R/
W
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WO
WO
LO
LO
LO
LO
LO
R R R R R
R R R R R
R
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R
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R
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WO
WO
WO
WO
WO
WO
WO
WO
WO
WO
WO
POND /
INFILTRATION
BASIN
FILTRATION BASIN
HAVEN RIDGE SOUTH
INF EL=981.50
OUTLET=982.32
EX 100-YR HWL=986.61
PR 100-YR HWL=986.93
EOF=986.60
BMP2
INF EL=996.50
OUTLET=998.10
100-YR HWL=999.44
EOF=1003.00
civilsitegroup.com
COPYRIGHT CIVIL SITE GROUP INC.c
PR
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PREL
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:
NOT
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2023
ISSUE/SUBMITTAL SUMMARY
DATE DESCRIPTION
11/18/24 CITY SUBMITTAL
PROJECT MANAGER MATT PAVEK
CONTACT NUMBER 612-615-0060 X 701
DRAWN BY AM, MD
REVIEWED BY MP
PROJECT NUMBER 20302
44263
Matthew R. Pavek
LICENSE NO.DATE
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY
LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
11/18/24
CR
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REVISION SUMMARY
DATE DESCRIPTION
Know what's below.
before you dig.Call
R
0
1" = 100'-0"
100'-0"50'-0"
N W1.0
WETLAND MITIGATION
PLAN
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Matt Pavek, Civil Site Group
From: Luke Schwarz, Assistant City Engineer
Kris Keller, Project Engineer
Date: November 18, 2025
Re: Residences at Crest Woods – Preliminary Plat
We have reviewed the final plat documents submitted for the Residences at Crest Woods development
th
east of Crest Avenue (CR 18) at 138 Street as prepared by Civil Site Group. The following documents
were reviewed:
Civil Plan Set – 20302-CREST WOODS CIVIL AND LANDSCAPE 11-7-25.pdf
Stormwater Report – 00 – CSG Residences at Crest Woods 20302 STORMWATER REPORT – 11-7-
2025.pdf
Comments are provided within this Memorandum and in the corresponding redlined plan set. Please
note that not all comments within the plan set are in the Memorandum. We have the following
comments with regards to stormwater management and engineering:
General
1. Submit for and provide copies to the City of all required permits from regulatory agencies
(MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, County
etc.)
2. An NPDES permit is required for this site as it exceeds 1 acre of disturbance.
3. Additional comments may be generated by PLSLWD’s review of the revised plans
4. Additional redline comments are provided in the accompanying plan set. Provide a response to
all comments in this memo and the redlined plan set.
5. Plans shall be signed by an engineer licensed in the State of Minnesota.
th
6. Submit to State Aid for drainage review along 138 St.
Plat
1. Provide drainage and utility easements for all public utilities running across private property.
a. The width of the easement should be at least two times the greatest depth of the utility
with a minimum of 20' centered on the utility
2. Provide drainage and utility easements for all drainage swales that convey water from one lot
across another
\[Phone\] 952-447-9800 | \[Fax\] 952-447-4245 | cityofpriorlake.com
a. The width of the easement should be a minimum of 10’ with at least 5' on either side of
the center of the swale
3. The City will own the portion of Outlot D south of the trail from the park. All other Outlots and
the remaining portion of Outlot D will be owned by the Homeowners’ Association.
Streets/Trails
1. Update previous traffic generation calculations with the revised unit types.
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2. The proposed site plan shows improvements at the Crest Avenue (CSAH 18) and 138 Street
intersection of adding a southbound left turn land and northbound right turn lane. The design of
these improvements will need to be coordinated with Scott County including the required
length of the turn lane bay and the width of the turn lanes. Typically, the turn lane length is
250ft to 300ft and the width is 13ft to 14ft to the face of curb. Include a typical section for the
Crest Avenue (CSAH 18) improvements.
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3. 138 Street at Crest Avenue (CSAH 18) is proposed to be widened to include four lanes,
westbound approaching Crest Avenue (CSAH 18) with a right, through and left and eastbound
exiting one through lane. The plan shows the lanes adjacent to the curb at a width of 12ft to
back of curb. At a minimum these widths should be 12ft to the face of curb or 13ft to back of
curb. The taper to the turn lanes should be a minimum of 10:1. A typical section should be
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provided for the 138 Street Improvements (Collector Street).
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a. Widen the 138 Street right turn lane to a minimum of 12ft to the face of curb
b. Lengthen turn lanes to a minimum of 200ft of storage
i. The taper to the turn lanes should be a minimum of 10:1
th
4. The side street approaches to 138 Street should have stop sign control.
5. A sight line analysis should be completed for all intersections.
6. The final plans should include a signing and pavement marking plan, including at a minimum:
size and locations of stop signs, street signs and pedestrian crossing signs, and size type and
location of street lane markings and pedestrian crossing striping. See redlines
7. Street Profiles
a. Provide street profiles that show the proposed street grades and vertical curves.
b. Identify centerlines of connecting streets at intersections in profile views.
c. Vertical curves need to meet the minimum required K value (30 for crest curves, 36 for
sag curves) for 30 mph.
i. Wildflower Way curves needs to be increased
ii. Provide appropriate 20 MPH Speed advisory signs
8. Provide horizontal curve/alignment information for all roads.
a. Curves must meet a 30 MPH design speed and shall have a minimum 250’ centerline
radius
i. Wildflower Way curves needs to be increased
ii. Provide appropriate 20 MPH Speed advisory signs
Stormwater Management
1. Rate Control
a. Submit the .hcp HydroCAD models to allow for review of the wetland bounce and
inundation analysis.
b. 2- and 10-year discharge rate requirements are not met.
c. Several wetlands do not meet MNRAM Table 1.1 requirements for rate control use.
i. Wetland 1’s runout elevation changes.
ii. Wetland 2’s runout elevation is lowered.
iii. Wetland 3’s runout elevation is lowered from 1000.35 to 1000.3.
iv. Wetland 7’s proposed 100-year bounce exceeds 0.5’ of the existing bounce.
d. Update the stormwater rate summary table in the SWMP to match HydroCAD results.
2. Volume Control
a. Include the proposed County Road impervious in PR8C Offsite in the volume control
calculations.
3. Water Quality
a. Include the water quality calculations in the drainage report as an attachment.
i. Route filtration basin 8 overflow to the culvert device instead of out (P8).
ii. Wetlands would be more accurately modeled as a pond or general device
instead of swales.
iii. Modify the P8 routing to match the plans.
1. Route wetland 2 to Basin 1.
2. Route wetland 3 to Basin 2.
3. Route Basin 1 filtration to Wetland 7.
iv. Modify the flood pool area and volume of Wetland 3 to match the
plans/HydroCAD.
4. Freeboard
a. The low floor elevations need to be raised to be 2 feet above the 100-year HWL.
b. Low openings shall be at least 2 feet above the EOF, including low point EOFs.
c. Low floor elevations labeled on the figure shown in the stormwater report don’t seem
to match the lot survey low floors provided. Confirm where these elevations came from
and if we think they are more accurate than the lot surveys to confirm freeboard.
Specifically, lots along Jarett Court.
5. Basin Design
a. Show draintile cleanouts for the filtration basins.
b. Set the draintile at a minimum 0.5% slope.
c. The EOF of a pond should be 1 foot higher than the HWL. The top of the berm should be
2 feet higher than the HWL.
i. Basin 2 HWL exceeds EOF. Suggest upsizing the outlet pipe from the existing
outlet control structure from a 30” to a 36”. This looks to reduce the HWL to
below the existing EOF and help with the adjacent freeboard.
d. Pond berms shall have 4:1 slopes and be 10-feet wide at the top.
e. The invert of the pipe discharging into Wetland 2 is below the basin’s bottom elevation.
f. Include an outlet control structure per the City’s standard detail out of BMP 1.
6. Hydrologic and Hydraulic Analysis
a. Revise the HydroCAD labels in the existing model to match the drainage area map.
b. Revise the existing HydroCAD model and existing drainage area map subcatchments
impervious acreage, pervious acreage, and total acreage for consistency between one
another.
c. Only model changes from existing to proposed conditions that are shown on the plans,
or add the required changes to the plans.
i. Wetland 1 bottom elevation and EOF elevation/length is modified from the
existing to proposed conditions model with no grading changes proposed.
ii. Wetland 4 storage and EOF changes from the existing to proposed conditions
model but no changes are shown on the plans.
d. Utilize a minimum time of concentration value of 7 minutes.
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e. The storm sewer at the intersection of 138 Street NE and County Road 18 and the
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storm sewer at the intersection of 138 Street NE and Lupine Trail NE is likely not sized
to carry the 100-year event to the BMPs as routed in the model. Factor 100-year routing
into the analysis.
i. Agreed that 100-year water will eventually end up in Wetland 7, but the way the
model is currently set up, attenuation happens in BMP 1 and Wetland 3 before
reaching Wetland 7. Model the flow split.
f. Include all proposed impervious in the H & H analysis (new impervious on Apex Way and
Lupine Trail in SE corner of the site is currently excluded).
i. The existing drainage areas should be adjusted to include the offsite area
mentioned in comment f as well, so the existing and proposed areas remain
consistent.
g. Revise Wetland 7’s proposed stage storage at 983 to reflect proposed grading.
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h. Add the low point south of 138 Street NE to the model (in the vicinity of existing
Wetland 5/6).
i. Add the Wetland 1 outlet pipe shown on the plans to the model.
j. Update the BMP 2 primary outlet to match the plans.
k. Add the 15” FES outlet pipe from BMP 2 to the model.
l. Update the routing for Wetland 3 in the HydroCAD model to match the plans.
m. Update the Wetland 3 primary outlet in HydroCAD to match the plans.
7. For existing landlocked basins, the volume of storage lost due to connection to a downstream
basin must be mitigated by increasing volume storage of a stormwater pond or other BMP equal
to the lost volume of the landlocked basin utilized in the B2B 100-year 24-hour event.
Grading Plan
1. The maximum allowable slopes in maintained areas are 4:1. There are several locations of
steeper slopes.
2. Include house style detail drawing.
3. Show driveway grades as percentages on the grading plan.
4. Label the OHW and 100-year HWL for the wetlands on the grading plan. Label the outlet
elevation and 100-year HWL for the constructed stormwater basins.
a. Update the label for Wetland 7 to match the proposed 100-year HWL from the
HydroCAD model.
b. Update the label for BMP 8 to display the proposed outlet elevation.
c. Update the label for Wetland 1 to match the correct EOF elevation.
d. Update the label for BMP 2 to show the correct infiltration elevation, outlet elevation,
100-year HWL, and EOF.
5. A retaining wall plan prepared by a licensed engineer is required for all walls exceeding 4-feet in
height. Update the location of the retaining wall line to match the contour location. Label the
top and bottom of the wall. Walls over 4’ require a fence.
6. Show wetland buffers and wetland buffer sign locations on the grading plan.
a. Add the symbology for these features to the legend so they are easy to identify.
7. Add EOFs using arrows and elevations from low points in addition to the waterbodies. Label the
EOFs at the high points out of the low areas. Several of the EOFs are not called out at the high
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points (i.e. EOF out of low point in SE corner of 138 and Lupine Trail).
8. Specify access routes to the ponds (maximum of 8% grade, maximum of 2% cross slope,
minimum of 10’ wide).
9. Include additional existing contours north of the property.
10. The building footprints shown on the grading plan do not align with the grading. Update in all
locations and do not direct drainage towards the building pads.
11. The maximum swale length shall be 300’.
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12. Add critical existing building elevations to the plans (north of BMP 8, south of 138 Street NE).
a. One existing house does not have 2’ between the HWL of the north basin and the low
floor.
13. Label EOF elevations, locations, and routes for all low points on the plan
14. Show all easements on the grading plan
a. Provide additional easement for drainage from one lot to another
b. Provide additional easement for EOF routes
c. Keep driveways out of side easements
d. Keep retaining walls out of easements
15. Provide lot and block information for all lots
16. Label all streets
17. Provide how lot with retaining wall on the north side of Street B will drain
i. Back of house 994.0
ii. Top of Wall 994.0
b. Lower top of wall or possibly eliminate wall
c. Wall to be outside rear pond easement
d. Pond easement to be at HWL
i. Pull back depth of building pad as required
18. Provide surveyed information from the adjacent development lot lines up to the existing house
for constructed lots and proposed contours for vacant lots
19. Keep drainage along side lot lines
a. Provide additional easement for drainage from one lot to another
20. Label all high points
21. Retaining walls need to be out of the easements and wetland buffer areas
Utilities
1. Storm Sewer
a. Provide rational calculations for the storm sewer, designed for the 10-year 24-hour
event.
i. Update the slope in the calculations from CB7K to CBMH 7F to match the plans.
ii. Does the existing storm sewer on CR 18 have adequate capacity to handle the
extra water from the 15” pipe?
iii. Label structure names on the overall utility plan.
iv. Change the pipe size from CB6D to CBMH 6 to 15” to meet minimum pipe size
requirements and match storm sewer calculations.
v. Update the storm sewer calculations from CBMH 6 to FES 7 to match the slope
on the plans.
vi. Reduce the erosive velocity out of FES 7 (currently exceeds 6 fps).
vii. Reduce the erosive velocity out of FES 34 (currently exceeds 6 fps).
viii. Update the area for CBMH 22 in the calculations to match the drainage area
map.
ix. The storm sewer heading out of CBMH 6A needs to be dropped lower than the
incoming storm sewer.
x. STMH 33 is not constructable (insufficient cover).
xi. Confirm constructability of CB29A with very minimal cover.
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b. Provide inlet capacity calculations. The catch basins on 138 Street NE must meet State
Aid spread requirements.
i. Call out the allowable spread in the calculations.
ii. Update the drainage area square feet in the catch basin calculations to match
the drainage area map.
iii. What storm event are the spread calculations completed for?
c. Locate catch basins to collect drainage on the upstream side of the intersection.
d. Locate catch basins on property lines and avoid placement in front of driveways.
e. The minimum allowable pipe size for public storm sewer is 15”. If the 12” pipes shown
on the plans will be privately owned, designate that on the plans.
f. Revise FES elevation into the ponds to match the NWL of the pond.
g. Utilize MnDOT’s standard plate for riprap.
h. Provide riprap at all outfall FES.
i. For the storm sewer that crosses private property, install within a drainage and utility
easement.
j. Match pipe crowns at junction structures.
k. Provide a 4-foot sump at the last road accessible structure prior to discharging into a
pond.
i. Call out the sump on CBMH 6.
l. All FES shall be RCP.
2. Sanitary Sewer
a. The maximum depth of the sanitary sewer service at the ROW line shall be 10’ unless
documented by a proposed house or building elevation that justifies a deeper service.
b. Adjust or add sanitary sewer structures to keep the watermain alignment within the
roadway
c. Install service risers where cover over the top of the sanitary main is greater than 12’ or
as directed by the engineer.
d. Provide 10 gauge tracer wires for the sanitary sewer services for locating purposes. The
tracer wire should connect to a tracer wire access box at the easement (see Plate #401).
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e. Look to direct the sanitary sewer for the townhomes along 138 Street to the south.
i. Negotiate how/where the storm sewer crosses Lupine Trail from Wetland 2 to
Wetland 3 to avoid the sanitary sewer and watermains
3. Watermain
a. Hydrant leads should consist of an 8" x 6" tee with a 6" hydrant lead. An 8"x8" tee with
8" to 6" reducer is not necessary
b. Hydrant leads should be on the same side as the watermain.
c. All water service pipe to be CTS HDPE SDR 9
d. All fittings for watermain shall be Ductile Iron Compact Fittings. Fittings shall be
furnished with fusion bonded epoxy external coating and interior lining. All fittings shall
be wrapped in polyethylene.
e. All watermain hydrant leads to be DIP CL 52
f. Show all proposed storm sewer 'greyed out' or muted on plans (similar to existing)
g. Call out sizes of proposed gate valves
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h. Provide additional services to future lots at the east end of 138 Street on the north
side
i. Provide a hydrant at the end of the services for the townhomes on the southwest leg.
j. Adjust watermain depth and hydrant locations such that hydrants are located at all
system high points
k. Maintain minimum 10' horizontal separation between water and storm sewer along
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Lupine Trail south of 138 Street
l. Clarify connection to existing watermain at southern end of Lupine Trail.
i. Is the existing hydrant being removed
ii. Why would the proposed hydrant lead be south of the connection point, etc.
m. Provide service information including lowest floor elevation with each lot
n. Call out all connections to existing utilities
o. Identify potential conflict between utility services and utility mains and how they will be
adjusted or offset in the field
p. Call out vertical and horizontal watermain bend sizes proposed
Miscellaneous
1. Retaining walls exceeding 4’ in height require a plan prepared by a licensed engineer submitted
for review and approval prior to permit issuance.
a. Retaining walls need to be out of the easements and wetland buffer areas
2. Add seeding hatch symbology to the legend on the landscape plan.
SWPPP
1. Add documentation of training to the SWPPP.
2. Include the construction entrance in the estimated BMP quantities tabulation.
3. Because the BMPs will be privately owned, a maintenance agreement is required. Please submit.
4. Add inlet protection to the CBs on CR 18.
5. Provide a note on the plans specifying that sediment control BMPs shall be installed by the
contractor and inspected by the City before any land disturbing activities can occur.
6. Update the SWPPP project narrative to remove the townhome wording.
Wetland
1. Wetlands were delineated in 2019 and a replacement plan for the wetland impacts was
approved in 2021 (LGU Approval No. 19023). Mitigation credits were withdrawn March 2022.
Impacts proposed in the preliminary plat are approved. If impacts are modified, the applicant
contact the city for review.
2. Wetland buffer for Wetland 3 does not comply with Section 3.1.iv of the Public Works Design
Manual. Coordinate with PLSLWD regarding flexibility requests.
3. New storm sewer is proposed between Wetlands 1 and 2. If construction to install storm sewer
will impact wetlands (permanently or temporarily) the applicant must apply to the city for
proposed impacts.
PLSLWD
1. Additional comments may be generated by PLSLWD’s review of the revised plans
SCOTT COUNTY TRANSPORTATION SERVICES DIVISION
PROGRAM DELIVERY· TRAFFIC· HIGHWAY OPERATIONS· MOBILITY MANAGEMENT
GOVERNMENT CENTER EAST, 200 FOURTH AVENUE WEST· SHAKOPEE, MN 55379
(952) 496-8346 · Fax: (952) 496-8365 · www.scottcountymn.gov
LISA J. FREESE ANTHONY J. WINIECKI, P.E.
Transportation Services Director County Engineer
An Equal Opportunity/Safety Aware Employer
October 10, 2025
Paul Moretto
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
SUBJECT: Residences at Crest Woods
Dear Paul,
Thank you for the opportunity to review the preliminary plat for Residences at Crest Woods.
We have reviewed and offer the following comments:
• The proposed access to CH 18 is a planned full access location. Right and left turn lanes
on CH 18 will be required.
• For a permit, all work in the Conty right of way (turn lanes, access, trail, etc) shall require
its own plan set to be submitted separate from the development. This includes removals,
construction plans including cross sections, signing/striping sheets, storm sheets, erosion
control and traffic control sheets.
• The plans need to follow the Commercial/Street Access Checklist found on our permit
website, I also provided some sample examples provided with this review letter.
• The trail needs to have 2’ clear zones on each side of the trail and no less than 3 to 1 side
slopes per MnDOT bike manual. Cross sections should include the trail.
• An intersection street light to illuminate the new street access onto CH 18 at night shall
be required.
• The minimum right of way dedication for CH 18 is 75’ from road centerline. We also
recommend right of way sight triangles be dedicated on the plat at the intersection of
138th St and CH 18.
• Detailed Stormwater information to confirm rate control to the County right of way shall
be required to be submitted to the County for review and approval. Calculations should
show that rate control is provided at each discharge point into the right of way.
• Castings for the proposed storm sewer structures should remain outside the paved trail.
• No ponding, berming, signage, or landscaping shall be permitted in the County right of
way.
• Any work within the County right of way shall require a County permit.
If you have any questions or need further information, please contact me.
Sincerely,
Craig Jenson
Transportation Planning Manager
Memorandum
To: Paul Moretto, Planner
From: Troy Kuphal, Scott SWCD Director
Cc: Joni Giese, PLSLWD Administrator
Stephanie Thulien, Water Resources Engineer
Date: November 12, 2025
Subject: The Residences at Crest Woods--Final Plat/Final PUD UPDATE Review (11/10 Referral)
The District completed its review of the Stormwater Management Report and Civil Plans both prepared and last
revised by Civil Site Group on 11/7/2025 and offers the following comments.
Previous comments not yet fully addressed (clarification provided in bold, italic text)
Rule D – Stormwater Management
1. Section 2.3 of the Stormwater Management Report states, “BMPs conservatively designed as filtration
BMPs, additional borings will be obtained to determine infiltration feasibility.” Response to comments
indicate this is in process.
2. The planting soil mix specified in Sheet C7.4 Detail 1 is a phosphorus source, inappropriate for filtration.
This specification must be revised per the MN Stormwater Manual guidance for biofiltration media in the
presence of an underdrain. Media should be revised to an 80% sand / 20% peat mix, readily available
from Plaisteds.
3. Sheet C7.4 Detail 1 cross section with exterior planting medium and interior sand is not an acceptable
cross section. Cross section should be revised to be a uniform layer of media mix per above comment.
4. SAFL Baffles are recommended at all CBMHs with sumps. A SAFL baffle has been added to CBMH 32, a
baffle is also recommended at CBMH 6.
5. Provide an outlet control structure detail for Biofiltration Basin 1 (south filtration basin). It is not clear
that the rim of OS 72 is a solid/sealed grate.
6. Provide an outlet control structure detail for Haven Ridge filtration basin. The elevations of the internal
orifice and weir are changed from the existing to proposed HydroCAD model indicating the structure is
being retrofitted. Please clarify the intent of these changes. Detail provided, City should confirm design
modifications is consistent with discussions with City.
7. Provide an outlet control structure detail for Wetland 7. The stormwater report indicates changes will be
made to this structure to improve rate control. Without a detail, accuracy of the HydroCAD modeling of
this outlet can’t be confirmed. Detail provided, City should confirm design modifications is consistent
with discussions with City.
8. City grading comment 9 from 8/29/2024 noted that there will be future development of 3 additional lots
in the northeast corner of the site. Has impervious from these future lots been included in the modeling
and stormwater design? Response notes this in process.
9. City staff should confirm that offsite drainage to the Haven Ridge filtration basin is modeled accurately as
plans for the Haven Ridge South development have not been provided to watershed staff as part of this
review. Response notes this in process.
10. City staff should confirm that increases to high water levels for Wetlands 1, 3, 7, and the Haven Ridge
filtration basin don’t impact freeboard for existing homes in adjacent developments and the existing
home to remain adjacent to Wetland 3. Response notes this in process.
Rule G – Wetland Alteration
1. There are seven (7) wetlands onsite or partially onsite. The stormwater management report and grading
plan suggest Wetlands 5 and 6 are proposed to be filled to accommodate the development. Please
provide a copy of the WCA application for this alteration.
Rule J – Buffer Strips
1. The Grading Plan and Wetland Mitigation Plan must be revised to include monumentation of the upland
edge of the wetland buffer at each change in the buffer line bearing. Monumentation shown on the
Grading plan does not include monuments at every crossing of a lot line. Also note that conservation
easement boundaries must be defined by straight lines, not by radius of curvature. Compliance with
wetland buffer averaging will need to be re-verified upon receipt of buffer boundaries meeting these
requirements, as well as any other changes that may result pursuant to New Comment 1, below.
2. Legal descriptions, and AutoCAD Civil 3D layers for proposed buffers and wetland boundaries will be
required for review and acceptance of PLSLWD conservation easement boundaries. Comment to remain
open.
3. The owner will be required to enter into a Developers Agreement with the District for establishment of
and record Conservation Easements over the buffer areas. Details for buffer monumentation and
vegetation establishment are detailed in Rule J Paragraphs 7 and 8, respectively, and must be
incorporated into the construction or landscape plans. Comment to remain open.
4. Trees planted within wetland buffer must be native species. There are several Ginko cultivars (RM) shown
to be planted within the Wetland 1 buffer that must be switched to a native species. Non-native species
are still specified.
5. Seed mixes used for wetlands and wetland buffer areas must be entirely native mixes (annual nurse or
cover crop is acceptable). MnDOT seed mixes are no longer entirely native mixes as they include perennial
ryegrass. Recommend using BWSR seed mixes instead such as Wetland Rehabilitation (34-172) for
wetland areas and Mesic Prairie General (35-242) for buffer areas. MNDOT seed mixes are still specified.
New Comments
Rule J – Buffer Strips
1. While the total area of required buffer would remain unchanged, due to revisions to the proposed
Grading plan--with the addition of the flood storage area west of Wetland 3, in particular--the location
and configuration of required wetland buffers need to be reassessed. A follow-up meeting with District
staff at the earliest opportunity is recommended.
DEVELOPMENT AGREEMENT
THE RESIDENCES AT CREST WOODS
PROJECT #25-000016
This Development Agreement (“Agreement”) is entered into this _____ day of _________________,
, 20__, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Prior Lake
Development LLC. (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”);
WHEREAS, Developer is developing the Property in phases and has applied to the City for final
Plat approval for the construction of sixty-eight (68) residential units on the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 25-___
(“Resolution”) for final Plat approval for the construction of one (1) residential lot and the related public
improvements on the Property, Developer agrees to construct, develop and maintain the Property as
follows:
1. RIGHT TO PROCEED. The City shall not issue a building permit and Developer shall
not construct upon the Property in any manner, or begin the Development Work until all of the following
Page 1
conditions have been satisfied: 1) the Final Plat and this Agreement have been fully executed by all parties
and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary
Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her
designee has issued a letter that all conditions have been satisfied and that the Developer may proceed.
2. PHASED DEVELOPMENT. This Agreement represents approval only of the lot
identified above and the related improvements set forth on the final Plat and Plans. It does not represent
approval of any additional development including any proposed future phases. If the final Plat is a phase
of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan
for City Council approval which may allow the Developer more than one (1) year to subdivide the Property
into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City Council may
refuse to approve final plats of subsequent phases or other Plats within the City if the Developer has breached
this Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In
addition, no other subsequent phases may proceed until the City Council approves development agreements
for such phases. Fees and charges collected by the City in connection with infrastructure, public
improvements and parkland dedication requirements are not being imposed on outlots, if any, in the final Plat
that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges
will be calculated and imposed when the outlots are subdivided into lots and blocks.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
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Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee
(Prepared by Civil Site Group) subject to the changes and modifications set
forth in the Resolution dated 11-07-2025.
Plan B -- Final Grading, and Erosion Control Plan(s) including Storm Water Pollution
Prevention Plan (“SWPPP”) as stamped approved by the City Engineer or
his/her designee (Prepared by Civil Site Group) dated 11-07-2025.
Plan C -- Plans and Specifications for Developer Installed Public Improvements as
stamped approved by the City Engineer or his/her designee (Prepared by Civil
Site Group) dated 11-07-2025.
Plan D -- Landscape Plan as stamped approved by the City Community Development
Director or his/her designee (Prepared by Civil Site Group) dated 11-07-2025.
Plan E -- Conservation Easements as stamped approved by the City Engineer or his/her
designee (Prepared by Civil Site Group) subject to the changes and
modifications set forth in the Resolution dated 11-07-2025.
B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to
all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works
Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and
other work required by the Plans, the Developer Installed Public Improvements, and such other work as
is required by this Agreement, the Resolution or the documents or parties identified above are hereafter
referred to as the "Development Work." Developer shall be responsible for all costs related to the
Development Work.
4. DEVELOPER INSTALLED PUBLIC IMPROVEMENTS.
A. The Developer shall install and pay for the public improvements identified in the Plans,
hereinafter referred to as the “Developer Installed Public Improvements”, which may include but are not
limited to: Sanitary Sewer System, Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street
Lights, Site Grading and Ponding, Underground Utilities, Traffic Control Signs, Street Signs, Setting of Iron
Monuments, Sidewalks, Trails, and Boardwalks, Landscaping and Wetland Buffer Signage. All Developer
Installed Public Improvements shall be dedicated or conveyed to the public, and shall be located within
public property, right-of-way, or easement dedicated to the public.
\[35294-40891/3729025/1\] Page 3
B. Developer shall complete all Developer Installed Public Improvements and obtain the City
Council’s written acceptance of the Developer Installed Public Improvements no later than the date that is 12
months from the date of acceptance and recording of the Final Plat. The final wear course on streets shall be
installed by October 31st of the same year the base layer of asphalt is installed. If the final wear course is not
installed by the date required herein, no additional building permits shall be issued for the Property until the
punch list is complete and the final wear course installed. All punch list items shall be completed before the
final wear course is installed in order to allow for inspection. Any modifications to this section are to be
proposed in writing and approved by the City Engineer.
C. Developer shall mark and label the GPS coordinates of the Developer Installed Public
Improvements as the improvements are constructed. All of the following items must be marked and labeled
and the data provided to the City in a form compatible with ArcGIS.
Watermain – bends, tees, valves, crosses, sleeves, services corps, curb stops, future stubs.
Sanitary sewer – manholes, service wyes, service stubs, cleanouts, future sanitary sewer stubs.
Storm Sewer – manholes, catch basins, outlet structures, flared end sections, cleanouts, tile,
valves.
Signs – all developer installed signs and type of sign.
The City Council will not accept the Developer Installed Public Improvements unless the GPS coordinates
for all of the listed items are provided. If Developer fails to provide the required coordinates, Developer will
be required to re-access the improvements, mark and label the GPS coordinates and then restore the
improvements.
D. As a condition of the City Council’s acceptance of the Developer Installed Public
Improvements, the Developer’s engineer shall by written letter certify to the City that the Developer’s
engineer made reasonable inspections of the Developer Installed Public Improvements and that the
Developer Installed Public Improvements were built in accordance with this Agreement.
\[35294-40891/3729025/1\] Page 4
E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer
Installed Public Improvements, the Developer Installed Public Improvements shall automatically become
property of the City without further notice or action. The Developer shall be responsible for all
maintenance of the Developer Installed Public Improvements until written acceptance by the City Council.
F. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee,
charge, assessment or consideration, to any party, for connection or access to, or service by, any Developer
Installed Public Improvement.
5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost, to provide
testing to certify that Developer Installed Public Improvements were completed in compliance with the Plans.
The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The
City Engineer or his/her designee has the sole discretion to determine if additional testing is necessary. The
cost of additional testing is to be paid by the Developer.
6. FINAL PLAT AND AS-BUILTS.
A. Within 60 days after the completion of the Developer Installed Public Improvements,
Developer shall supply the City a complete set of reproducible “as constructed” plans prepared in
accordance with City standards. In addition, Developer shall provide the City with an as-built grading plan
and a certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been
constructed on public easements or land owned by the City. The Security shall not be released until the as-
builts have been received by the City. The as-built plans shall include field verified elevations of the
following: a) cross sections of ponds, b) location and elevations along all swales and ditches, and c) lot
corners and house pads. The Developer shall also submit a land tabulation certified by a registered engineer
showing that all pads have been corrected in accordance with project specifications.
B. The Developer shall submit the final Plat in electronic format. The electronic format shall be
compatible with the City's current software. In addition, upon completion of the project the Developer shall
\[35294-40891/3729025/1\] Page 5
provide the City with as-built utility plans in electronic format compatible with the City’s current software
and with layers, colors, and line-types formatted in accordance with City standards which shall be provided
to Developer. Additionally, three (3) full size (22 X 34 inch) paper copies and one (1) reduced (11 X 17 inch)
copy shall be certified and submitted to the City.
7. MONUMENTS. Before the Security is released, Developer shall install iron monuments in
accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
8. WARRANTY. Developer warrants all Developer Installed Public Improvements against
any defects, poor material and faulty workmanship for a period of two years after its completion by
Developer and acceptance by the City Council. Any replacement work shall be so warranted for two years
after its completion by Developer and acceptance by the City Council. Both the Developer Installed Public
Improvement warranty period described in this paragraph and the landscape warranty period described in
paragraph 20 below are hereinafter referred to as the “Warranty Period”.
9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property.
10. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all grading, storm
water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer or
his/her designee’s requirements, and the individual building/grading plan for each specific lot, until the
later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in
writing; or (ii) a certificate of occupancy has been issued for each specific lot.
B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining
properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the
\[35294-40891/3729025/1\] Page 6
same to be located, on the Property and not on public property; and install protection at catch basins to
prevent silt and debris from entering the storm sewer.
C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed
by the Development Work within thirty (30) days of the completion of street related improvements.
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt fence behind the curb of all
buildable lots. Developer shall be permitted to install silt logs instead of silt fencing if written permission
is received from the City Engineer due to frozen ground conditions. Developer shall be responsible for
the maintenance of any silt fence or silt log installed. Upon request of the City Engineer or his/her designee,
the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives as outlined in the Plans. All areas
disturbed shall be reseeded immediately after the completion of the work in that area. All seeded areas
shall be mulched and disc anchored as necessary for seed retention.
E. No development, utility or street construction will be allowed unless the Property is in full
compliance with the erosion control requirements.
11. CONSTRUCTION ACCESS. Construction traffic access is restricted to Crest Avenue NE.
No construction traffic is permitted on other adjacent local streets.
12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Wetland Buffer Signage must be installed prior to the issuance of any building permits within
the Property and in accordance with the requirements of the Public Works Design Manual (Part III,
Hydrology Rules).
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B. A temporary or permanent certificate of occupancy shall not be issued for any building on the
Property until water and sanitary sewer improvements have been installed and the streets have been completed
and said improvements have been inspected and determined by the City Engineer or his/her designee to be
available for use.
C. Notwithstanding any other provision of this Agreement, the City will issue a building permit
for up to one (1) model home and a temporary parking lot upon Developer’s compliance with the following
requirements: (1) approval of the building plans by the Building Official; and (2) approval of a site survey
for the model home(s) and parking lot(s) by the City Community Development Director. A certificate of
occupancy or temporary certificate of occupancy shall not be issued until there is presence of a paved street
within 300 feet of a model home(s) and presence on said paved street of a fire hydrant within 300 feet of a
model home(s) and approval by the Fire Chief.
13. CONSTRUCTION OBSERVATION. The City’s authorized personnel or contractors shall
provide construction observation during the installation of the Developer Installed Public Improvements in
accordance with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed Public
Improvements, which include grading, sanitary sewer, water main, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed Public
Improvements.
C. Field document as-built location dimensions for sanitary sewer, water main and storm sewer
facilities. The Developer’s Engineer is responsible for data collection and preparation of as-built record plans.
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D. Resident communication for 138 Street West (re)construction.
E. Erosion Control SWPPP Inspections until site is permanently established or all lots have
completed sale.
14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS.
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A. Developer shall convey to the City AND/OR to the Prior Lake Spring Lake Watershed
District, through dedication in the final Plat or a separate conveyance document, fee title or an easement
(whichever is required by the City Attorney), all of the following: (i) the property encompassing all
Developer Installed Public Improvements, (ii) property necessary for all public and private connections
and access to all Developer Installed Public Improvements, (iii) property for streets, sidewalks, and trails
identified in the Plans; (iv) any property for park dedication, (v) conservation and other like easements
and, (vi) all other property interests, conveyance of which is required by this Agreement.
B. Developer shall obtain the written approval of the City Attorney and the City Engineer or
his/her designee of the form of the conveyance documents and the location of all easements or fee title
conveyances required by this Agreement.
C. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to final plat approval, Developer shall provide to the City a current title insurance policy
insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to
42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iv) that to the best of its knowledge, Developer warrants that no previous
owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed
in or on the Property any hazardous substances.
\[35294-40891/3729025/1\] Page 9
D. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that
the City incurs because of the breach of any of the above representations or warranties and/or resulting
from or due to the release or threatened release of Hazardous Substances which were, or are claimed or
alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or
allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
15. DEPOSITS/ESCROWS.
A Construction Observation Deposit. Developer shall be responsible for all construction
observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit
with the City for construction observation in an amount equal to 8% of the total estimated cost of the
Developer Installed Public Improvements. If the cash deposit is exhausted, the City Engineer or his/her
designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively,
the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer
shall pay all such invoices within thirty (30) days of receipt. City may cease all work and review of the
Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining
in the cash deposit after the City Council’s final acceptance of the Developer Installed Public
Improvements shall be returned to the Developer.
16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the
Property. Fees and charges are nonrefundable. Such fees and charges may include but are not limited to
the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
\[35294-40891/3729025/1\] Page 10
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Street Light Operational Costs.
H. Chip Seal Fee.
17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
(ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
other maintenance issues for which the Developer receives notice from the City Manager or his/her
designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time
as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
18. OVERSIZING. Oversizing is the construction of a Developer Installed Public Improvement
to City specifications that exceeds those that would be required of the Developer in order to serve additional
development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer or his/her designee determines that oversizing is
required for sanitary sewer, water or storm drainage, the City shall reimburse the Developer for the costs
associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to
the Developer is based upon the following: a cost estimate by the City Engineer or his/her designee based on
an engineer’s estimate or contractors bid provided by the Developer; and application of the City's Assessment
Policy based on a final engineering design as described in Exhibit B. If the City Engineer or his/her designee
\[35294-40891/3729025/1\] Page 11
determines that oversizing is required for road improvements, Developer shall install such oversize
improvements at Developer’s cost. The City Engineer has determined Sanitary Sewer Oversizing is
required and the Developer shall receive a credit from the Total Fee identified in Exhibit B in the amount
of $102,620.
19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision
Code, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue
a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of
credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of
occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been
sodded, weather permitting. If the required landscaping is not installed, the City is granted after proper notice
to the Developer and expiration of the applicable cure period a right of entry to enter upon the lot and install
the landscaping using the escrowed funds or letter of credit. Upon satisfactory completion of the landscaping
on the lot, the escrowed funds less any draw made by the City, shall be returned to the person who deposited
the funds with the City.
20. LANDSCAPING. Landscaping for the Property shall comply with Plan D. Developer shall
warrant all required trees, whether the trees are to be retained or planted, for one (1) year following inspection
and acceptance by the Community Development Director, or their designee. A tree replaced under this
warranty shall be warranted an additional one (1) year from the date of the planting of the replaced tree. In
addition to all other security required under this Agreement, Developer shall provide to the City a cash escrow
or letter of credit in the amount specified in Exhibit B to secure the planting and retainage of the required
trees and to secure this warranty. If Developer fails to plant or retain the required trees or fails to comply
with this warranty after proper notice and the expiration of any applicable cure periods, the City may draw
upon the escrowed funds or letter of credit to plant or replace required trees. Developer may periodically
request reductions of the escrowed funds or letter of credit and the City Engineer or his/her designee may
\[35294-40891/3729025/1\] Page 12
approve such a request in an amount of the value of each healthy tree for which the warranty has expired as
determined by the City Engineer or his/her designee. No tree plantings shall be placed within five (5) feet
of a sanitary sewer, storm sewer, or water main line. All plantings permitted in public right-of-way/boulevard
areas shall be placed a minimum four (4) feet behind the curb, be of deciduous species (no coniferous species),
and be located outside of a fifty (50) foot sight triangle at street corners.
21. SECURITY.
A. To guaranty compliance with the terms of this Agreement, Developer shall furnish the City
an irrevocable letter of credit or other security deemed acceptable to the City Attorney and City Engineer
or his/her designee (“Security”) in the following amounts:
i. 125% of projected costs for the Developer Installed Public Improvements as
certified to by a registered engineer and approved by the City Engineer or his/her
designee.
ii. 125% of projected costs for the grading, drainage, wetland and erosion control plan,
including storm water calculations from proposed impervious surfaces as certified
by a registered engineer and approved by the City Engineer or his/her designee.
iii. 125% of projected costs for the landscape plan, as certified by a registered engineer
and approved by the City Engineer or his/her designee.
B. This, and any other breakdown, is for establishing the amount of the Security not a restriction
on the use of the Security. All Security held by the City may be used in any manner allowed by this
Agreement, to reimburse the City for any costs incurred related to this Agreement and the project, and/or to
cure any breach of this Agreement but only after proper notice to the Developer and the expiration of any
applicable cure periods.
C. The Security shall be in the form attached hereto as Exhibit C or other form as approved by
the City Attorney in writing and shall be from a bank approved by the City Attorney. The bank shall be
authorized to do business in the State of Minnesota. The Security shall extend through completion,
acceptance by the City Council and the Warranty Period of the Developer Installed Public Improvements.
\[35294-40891/3729025/1\] Page 13
D. In the event that Developer fails to comply with the terms of this Agreement (“breach”),
the City may but only after proper notice to the Developer and the expiration of any applicable cure periods
draw on the Security in whole or in part without notice by delivering or mailing by certified mail to the
issuer a statement identifying the amount of the draw and reason for the draw. In addition, if the
Development Work is not completed at least 30 days prior to the expiration of the Security, the City may
draw on the Security in the same manner. The City shall not be under any obligation to cure any breach
of the terms of this Agreement with the proceeds from the Security, but may, at the City’s sole option only
after proper notice to the Developer and the expiration of any applicable cure periods, cure the breach or
retain the proceeds from the Security until Developer cures the breach. In the event the breach is fully
cured by Developer, the City shall then release to Developer such retained draw proceeds, less any
expenses incurred by the City as a result of the breach (including but not limited to engineer’s, attorney’s,
and other consultant fees and costs).
E. If the City makes a draw on the Security, Developer shall immediately replenish the
Security to an amount then sufficient to cure any breach plus 125% of the cost of all Development Work
then remaining for which the Security was required. .
F. The City Engineer or his/her designee may, from time to time, and only if Developer is
otherwise in compliance with all terms of the Agreement, approve a reduction in the amount of the
Security based upon work completed. The City shall at all times throughout construction and the Warranty
Period maintain a minimum $50,000 or 10% of the outstanding Development Work for which Security
was required, whichever is greater.
22. CLEAN UP AND DAMAGE:
A. Developer assumes full financial responsibility for any damage which may occur to public
property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result
\[35294-40891/3729025/1\] Page 14
of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day that work has occurred or as required by the
City Engineer or his/her designee.
C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
23. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein
to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries
for such work. In no event shall any work performed by Developer or Developer’s contractors and
subcontractors interfere with other properties, right-of-ways, or easements.
24. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property during construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 72 hour notice of such
violation in order to allow a cure of such violation, provided however, City need not issue a building or
occupancy permit for construction or occupancy on the Property while such a violation is continuing,
unless waived by the City Engineer or his/her designee. The existence of a violation of City Code or the
failure to perform or fulfill an obligation required by this Agreement shall be reasonably determined by
the City Manager or his/her designee.
\[35294-40891/3729025/1\] Page 15
25. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and
against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages
and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's
consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its
responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
26. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall
pay all costs incurred by it or the City in conjunction with the development of the Property, including, but
not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement
and land acquisition, and inspection expenses incurred in connection with (i) the Developer Installed
Public Improvements; (ii) the Property; (iii) the preparation and review of the Agreement and other
documents referred to in the Agreement or related to the Development Work; and (iv) enforcing the terms
of this Agreement. Costs incurred due to review, approval, denial, and implementation of zoning, CUP,
platting, site and building plan, and any other reviews, approvals, or denials by the City and any other
reviewing authority related to construction on an individual lot shall be the responsibility of the individual
lot owner. Developer shall pay in full all bills submitted to it by the City, in accordance with this
Agreement, within 30 days after receipt.
27. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be
limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner,
all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility
charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer
Installed Public Improvements pursuant to the terms, conditions and limitations of this Agreement; (3) failure
by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be
\[35294-40891/3729025/1\] Page 16
observed or performed under this Agreement; (4) transfer of any interest in the Property without prior written
approval by the City Council (for the purpose of this paragraph, the sale of a lot or lots, except an outlot, is
not an Event of Default); (5) failure to correct any warranty deficiencies; (6) failure by the Developer to
reimburse the City for any costs incurred by the City or to pay when due the payments required to be paid or
secured in connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty
(30) days prior to its expiration date; (8) receipt by the City from the Developer’s insurer of a notice of pending
termination of insurance; (9) failure to maintain a current insurance certificate on file with the City meeting
City requirements; (10) failure to maintain the required insurance, bonds or Security; (11) a breach of any
provision of this Agreement; (12) if any representation made by Developer in this Agreement, is inaccurate,
either when made or at a later date; (13) failure by Developer to pay its debts as they become due, the
voluntary or involuntary filing of a petition in bankruptcy, an assignment by Developer for the benefit of its
creditors, or the appointment of a receiver for (a) Developer; (b) all or any substantial portion of Developer’s
assets; (c) the Property; or (14) if Developer is in default under any mortgage or other pledge, guaranty or
security agreement.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the
City Manager, City Engineer, City Community Development Director, City Attorney or any of their
designees, may take any one or more of the following actions but only after proper notice to the Developer
and the expiration of all applicable cure periods:
1. The City may suspend its performance under this Agreement.
2. The City may draw upon or bring action upon any or all of the securities provided to
the City pursuant to any of the terms of this Agreement.
3. The City may take whatever action, including legal or administrative action, which
may be necessary or desirable to the City to collect any payments due under this Agreement or to enforce
performance and/or observance of any obligation, agreement or covenant of Developer under this Agreement.
\[35294-40891/3729025/1\] Page 17
4. The City may suspend issuance of building permits and/or certificates of occupancy
on any of the lots, including those lots sold to third parties.
5. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the Property;
7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than 48 hours prior to City’s curing the default or exercising a remedy, or such other period
of time as the City, in its sole discretion, deems reasonable under the circumstances. If, in the City’s judgment,
an Event of Default results in a threat to the public health, safety or welfare, the City may act to correct the
default without notice.
D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive
and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise
any of the remedies referred to in this paragraph 27.
\[35294-40891/3729025/1\] Page 18
28. NOTICES.
A. 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 United States mail at the following address:
Prior Lake Development LLC, 7455 France Ave S, #351, MINNEAPOLIS, MN 55435. Concurrent with
providing notice to the Developer, notice(s) shall be served upon Developer’s Attorney, Nick Vivian, Eckberg
Lammers, P.C., 1809 Northwestern Avenue, Stillwater, MN 55082. Notices to the City shall be in writing
and shall be either hand delivered to the City Manager, or mailed to the City by United States mail in care of
the City Manager at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota
55372. Concurrent with providing notice to the City, notice(s) shall be served upon the City Attorney Dave
Kendall, Campbell Knutson P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, MN
55121.
B. Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
C. Notice related to an Event of Default shall include the following: (1) the nature of the breach
of the term or condition that requires compliance by the Developer, or the Event of Default that has occurred;
(2) what the Developer must do to cure the breach or remedy the Event of Default; and (3) the time the
developer has to cure the breach or remedy the Event of Default.
29. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers,
which arise out of, result from or relate to this Agreement or the Development Work. The responsibility to
\[35294-40891/3729025/1\] Page 19
indemnify and hold harmless the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
30. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or
aggrieved as a result of the City Council’s approval of the final Plat shall seek recourse against the Developer
or the Developer’s agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in paragraph 29 shall apply to said actions. This
Agreement is a contract agreement between the City and the Developer. No provision of this Agreement
inures to the benefit of any third person, including the public at large, so as to constitute any such person as a
third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to
any cause of action for any person not a party hereto.
31. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the Warranty Period, a policy
of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per
occurrence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers,
employees, planners, engineers, attorneys, and agents shall be named additional insureds on any such
policy. The insurance certificate shall provide that the City shall be given 30 days advance written notice
before any modification, amendment or cancellation of the insurance becomes effective.
32. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and Agreement
shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of
approval by the City Council. The final Plat shall be considered void if not recorded within the 90 days
provided for herein unless a request for a time extension is submitted in writing and approved by the City
Council prior to the expiration of the 90-day period.
\[35294-40891/3729025/1\] Page 20
33. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance
with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued
in connection with this Agreement, thus restoring the status of the Property before the Agreement and all
such approvals.
34. SIGNS. The Developer hereby waives any claim against the City for removal of signs
placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible
for any damage to, or loss of, signs removed.
35. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the City Engineer or his/her designee or the City Attorney may, at
his/her option, refuse to allow construction or Development Work on the Property until the Developer does
comply. Upon such demand, the Developer shall cease work until there is compliance.
B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the
City, and any other regulatory agencies and the utility companies. 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.
C. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions
of this Agreement.
\[35294-40891/3729025/1\] Page 21
D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. Assignment. The Developer may not assign this Agreement without the prior written
approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any part of it.
G. Interpretation. This Agreement 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 Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s successors and assigns including but not limited to all purchasers and
owners of all or any part of the Property and their successors and assigns.
I. Performance Standards. The Property shall be developed and operated in a manner
meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations.
J. No City Liability. Except for the intentional acts of the City or its employees and
contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.
36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit
Development. The City Council has found that the proposed development of the Property is in compliance
\[35294-40891/3729025/1\] Page 22
with City Code Section 10.513. The Property shall be developed in compliance with Resolution No. 25-
05 dated 12-09-2025 , Ordinance 125-01 dated 1-14-2025 and the plans approved by that Resolution.
\[35294-40891/3729025/1\] Page 23
CITY OF PRIOR LAKE
By: ________________________________
Kirt Briggs, Mayor
By: ________________________________
Jason Wedel, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 20___, by
Kirt Briggs, Mayor, and by Jason Wedel, 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
\[35294-40891/3729025/1\] Page 24
PRIOR LAKE DEVELOPMENT LLC
By: ________________________________
Its: ________________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 20___,
by _____________________________________ as ____________________________________of Prior
Lake Development LLC
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
\[35294-40891/3729025/1\] Page 25
EXHIBIT A
TO DEVELOPMENT AGREEMENT
\[35294-40891/3729025/1\] Page 26
EXHIBIT B
TO DEVELOPMENT AGREEMENT
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $137,123
=
TOTAL Deposit/Escrow $137,123
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $102,842
Park Dedication Fee $ 3,750.00 X 1 Units = $3,750
Trunk Sanitary Sewer Acreage $ 5,249.00 X 5.82 Acres = $30,549
Trunk Water Acreage $ 4,277.00 X 5.82 Acres = $24,892
Trunk Storm Sewer Acreage $ 4,656.00 X 5.82 Acres = $27,089
Chip Seal Fee (Public Streets) $2.25 X 5,689 Sq Yds = $12,800
=
TOTAL Fee $339,054
Security Total
Sanitary Sewer = $ 232,974
Water Main = $425,390
Storm Sewer = $411,888
Streets/Sidewalks/Trails = $746,403
Landscaping = $344,400
Subtotal (rounded) = $2,161,055
=
TOTAL (125% of subtotal) $2,701,319
Oversizing Calculation Total
Trunk Sanitary Sewer = $ 102,620
Other Fee Total
Lift Station = $ 60,170
Fees/amounts due may be paid and/or credited against amounts owed.
\[35294-40891/3729025/1\] Page 27
EXHIBIT C
TO DEVELOPMENT AGREEMENT
SAMPLE IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
By order of our client \[name and address of client\] we hereby issue our standby irrevocable Letter of Credit for the
account of the \[insert name of client\] for an amount or amounts not to exceed in the aggregate U.S. Dollars $
___________________________ (__________________ Thousand and No/100 U.S. Dollars) effective immediately and
expiring at our \[insert address of office\] on \[insert date\] relative to our client’s performance under that certain contract
entitled \[insert name of contract/development agreement, etc.\] dated \[insert date of contract\].
Funds under this Letter of Credit are available against your sight draft(s) on us, for all or part of this Letter of Credit,
mentioning thereon our Credit No.______. Each such draft must be accompanied by your signed written statement to the
effect that \[name of client\] has failed to comply with the terms and conditions of the above mentioned contract.
Presentation will also be deemed made upon our receipt of your telecopier transmission to us at (FAX NUMBER
\[insert fax number\] _____________________) of a facsimile of the appropriate sight draft and written statement completed
and signed, together with your telephone advice to us at (TELEPHONE NUMBER \[insert telephone number\]
_________________________________) or such other number as we shall specify to you in writing) of your sending the
above-described telecopier transmission. Failure to make the telephone advice will not impair the validity of the
presentation. If presentations are made by facsimile the original documents are not required.
In the event that at least thirty (30) days prior to the expiry date listed above, this Letter of Credit is not extended
for a period of at least one year or has not been replaced with a substitute Letter of Credit acceptable to you, this Letter of
Credit is also payable to you upon presentation to us of your written statement mentioning thereon our Credit No.\[insert
number\] ____ and stating “Letter of Credit No. \[insert number\] __________ has not been extended for a period of at least
one year from the present expiration date and has not been replaced with a substitute Letter of Credit acceptable to us.”
This letter of credit shall automatically extend for successive one-year terms unless at least forty-five days
prior to the next annual extension date of \[insert day and month of renewal\] ________________ of such year, we deliver
written notice by registered mail or overnight courier to the City that we intend not to extend the letter of credit for any
additional period. If such notice is delivered and the letter of credit has not been replaced with a substitute letter of credit
acceptable to you by the date of said notice, this letter of credit is also payable to you upon presentation to us of your written
statement mentioning thereon our Letter of Credit No. \[insert number\] ______________ and stating “Notice of
Modification, Cancellation or Non-Extension of Letter of Credit No. \[insert number\]_________________has been received
and the letter of credit has not been replaced with a substitute letter of credit acceptable to us.
If we receive your sight draft(s) and statement(s) as mentioned above, here at our address \[insert address\], on or
before the expiry date of this Letter of Credit, we will promptly honor the same. If an interruption of our business occurred
as a result of an Act of God, riots, civil commotion, insurrections, wars or any other causes beyond our control, as described
in Article 36 of the Uniform Customs and Practices for Documentary Credits, UCP600 2007 which prevented us from
accepting and/or paying you on this Letter of Credit, we undertake upon resumption of our business to accept drafts and pay
on this Letter of Credit provided your draft is presented prior or during our business interruption or no later than thirty (30)
days following resumption of our business.
This Credit is subject to the Uniform Customs and Practices for Documentary Credits, UCP600 2007.
Very Truly Yours,
\[Signature of Issuer\]
\[35294-40891/3729025/1\] Page 28
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-___
A RESOLUTION ADOPTING THE RESIDENCES AT CREST WOODS FINAL PLAT
AND DEVELOPMENT AGREEMENT
Motion By: Second By:
WHEREAS, Prior Lake Development, LLC, (the “Developer”), has submitted an application to
the City of Prior Lake for approval of a Final Plat for The Residences at Crest
Woods; and
WHEREAS, the City Council has found that the final plat of The Residences at Crest Woods
is in substantial compliance with the approved preliminary 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 as if fully set forth.
2. The final plat of The Residences at Crest Woods is approved subject to the following
conditions, which shall be met by the Developer prior to release and recording of the final plat:
a. A current title opinion or commitment of title insurance is submitted acceptable to the City
Attorney.
b. Payment of all fees prior to release of the final plat mylars.
c. Three mylar sets of the final plat with all required signatures submitted.
d. 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 March 9, 2025,
will render the final plat null and void.
e. The developer shall revise the plans according to the November 25, 2025, City
Engineering & Public Works Department Memorandum.
f. The developer shall revise the plans according to the November 25, 2025, City Community
Development Department Memorandum.
g. City approval is only related to the platting and public improvements as identified in the
plans for Phase One of The Residences and Crest Woods. Future phases of the
development shall require additional review of civil plans.
h. No grading, utility, or site work permits shall be issued prior to written approval of the civil
plans by the Public Works Director or their designee.
i. The final plat and development agreement shall not be released for recording until an
easement agreement is recorded in the office of the Scott County Recorder providing the
City of Prior Lake with the necessary right-of-way and utility easement area over the
southeast corner of Outlot C, Haven Ridge South to ensure sufficient right-of-way to
th
ensure the completion of 138 Street northeast of The Residences at Crest Woods
development.
j. The Mayor and City Manager are hereby authorized to execute the Development
Agreement on behalf of the City.
th
Passed and adopted by the Prior Lake City Council this 9day of December, 2025.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐
☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
C:\\Users\\hsimon\\AppData\\Local\\Temp\\09 - Resolution - Final Plat_675254\\09 - Resolution - Final Plat.docx
2
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-___
A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN
FOR THE RESIDENCES AT CREST WOODS
Motion By: Second By:
WHEREAS, Prior Lake Development, LLC, (the “Developer”), has applied for a Final
Planned Unit Development (PUD) Plan for THE RESIDENCES AT CREST
WOODS; and
WHEREAS, the Prior Lake City Council considered the proposed Final PUD Plan on
December 9, 2025, and find it to be in substantial compliance with the approved
Preliminary PUD Plan; and
WHEREAS, the City Council finds that the Final PUD Plan is compatible with the stated
purposes and intent of Chapter 10 Article IV Division 4 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 Residences at Crest Woods Final PUD Plan is hereby approved subject to the following
conditions:
a. The developer shall revise the plans according to the November 18, 2025, City Engineering
& Public Works Dept. Memorandum.
b. The Developer shall obtain any required permits from other state or local agencies
applicable on the site.
th
Passed and adopted this 9 day of December 2025.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager