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12.A. Planned Unit Development (PUD) Amendment Request for Dean Lakes PUD from Ryan Companies US Inc.-Res. No. 7106
CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II RE: Planned Unit Development (PUD) Amendment Request for Dean Lakes PUD DATE: June 21, 2011 CASELOG NO.: 10 -028 REVIEW PERIOD: October 14, 2010 to July 11, 2011 INTRODUCTION & DISCUSSION Ryan Companies has made application for PUD Amendment to the Dean Lakes PUD. The original PUD approval allows for development consistent with the approved development plan only, specifically, commercial, residential, and business park uses. The applicant is requesting to amend the PUD to allow the planting and harvesting of agricultural crops on vacant property designated for business park development. The initial public hearing was scheduled before the Planning Commission on December 9, 2010. At the applicant's request, the public hearing was continued several times before ultimately being conducted on May 5, 2011. At the May 5"' Planning Commission meeting, staff recommended denial of the PUD Amendment request. Please see the attached copy of the May 5 th Planning Commission report for further detail on the proposed request. The Planning Commission closed the public hearing on May 5 but tabled action on the item directing staff to prepare a list of draft conditions of approval and draft findings supporting an approval. At the June 9`" Planning Commission meeting, staff presented the draft findings and conditions of approval as directed. A copy of the June 9 report to the Planning Commission is attached for the Council's reference. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended to the City Council the approval of the request, subject to conditions. These conditions can be found in the attached draft Resolution No. 7106. ALTERNATIVES 1. Approve Resolution No. 7106 as presented and direct staff to work with Kennedy and Graven to prepare the appropriate addendum to the PUD Agreement. 2. Approve Resolution No. 7106 with revised conditions and direct staff to work with Kennedy and Graven to prepare the appropriate addendum to the PUD Agreement. 3. Deny the request for PUD Amendment and direct staff to prepare a resolution of denial. 4. Table action and request further information from staff and /or the applicant. ACTION REQUESTED Offer a motion consistent with the wishes of the City Council. r JdA Planner II h: \cc\2011 \06 -21 \10028 pud amendment dean lakes. doc RESOLUTION NO. 7106 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR DEAN LAKES ALLOWING AGRICULTURAL USES WHEREAS, Ryan Companies, applicant and property owner, has made application for an amendment to the Planned Unit Development for Dean Lakes; and WHEREAS, the property upon which the request is being made is legally described as follows: Lots 1 -5, Block I and Lots 1 -7, Block 2, Dean Lakes 5rh Addition and Tract C, Registered Land Survey No. 199; and WHEREAS, on December 9, 2003, the City Council of the City of Shakopee did approve Resolution No. 5986, approving the Planned Unit Development District No. 24, Dean Lakes; and WHEREAS, the Planning Commission of the City of Shakopee did review the amendment to the Planned Unit Development on May 5, 2011 and June 9,2011; and WHEREAS, all required public notices regarding the public hearing for the Planned Unit Development Amendment were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council of the City of Shakopee did review the amendment to the Planned Unit Development on June 21, 2011 and adopted the following findings: Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.l: The use ofproperty for traditional agricultural practices as an interim use is not the final development scenario for the subject site. The final development will be business park uses which are consistent with the Comprehensive Plan. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding No. 2: The use of the property for traditional agricultural practices as an interim use does not impact the final development of business park uses being compatible with the surrounding land uses. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: Providing adequate open space, circulation, parking, recreation, screening and landscaping will be accomplished upon ultimate development of the business park. The temporary use of agricultural practices does not negate these provisions. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: The primary function of this area of the Dean Lakes PUD is to provide business park development while being sensitive to the conservation nature of the area. This function is accomplished through the original approvals currently in place. The temporary use of agricultural practices will not alter the ultimate development functions of the PUD. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. S: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and /or general zoning provisions. Finding No. 6: The PUD plan approved in 2003 will provide a greater general public benefit. The interim agricultural use will not have along term impact on general public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Planned Unit Development for Dean Lakes is hereby amended to allow: 1. The planting and harvesting of agricultural crops shall be limited to the planting of rye grass (for the first season only) and alfalfa. 2. Agricultural uses shall only be permitted on Lots 1 -5, Block 1 and Lots 1 -7, Block 2, Dean Lakes 5 1h Addition and Tract C, Registered Land Survey No. 199. 3. The agricultural use shall be permitted for 7 years from the date of approval of the PUD Amendment allowing such use. 4. The applicant shall provide a written report on an annual basis to City staff verifying compliance with the conditions of approval. This report shall be submitted by August l of each year. If the information is not provided in a timely or adequate manner as determined by the City under these conditions, the City of Shakopee reserves the right to conduct a review of the Dean Lakes PUD. 5. All equipment utilized for agricultural operations shall be hauled to the site via trailers. 6. All agricultural operations shall occur only between the hours of 7:00 am to 10:00 pm on any weekday or between the hours of 9:00 am and 9:00 pm on any weekend or holiday. 7. As these properties are not in an agricultural preservation zone and they will be moving more than fifty (50) cubic yards, they are not exempt from the City's grading permit requirements. Therefore, the applicant needs to apply for and obtain a grading permit before beginning operations. 8. The grading permit will be valid for one (1) year from the date of approval. Once the permit expires, the applicant will need to apply for a new permit. 9. The City reserves the right to attach supplemental conditions to the grading permit(s). 10. The applicant will need to obtain a NPDES storm water permit for construction activity or provide proof from the MPCA that one is not required. 11. The applicant will need to provide a minimum of a one (1) foot earthen berm immediately surrounding the area to be planted/harvested. Additional height may be required adjacent to the conservation areas and storm water infiltration basins as determined by the City. All berms will have turf established on them. 12. The applicant will need to provide a minimum of thirty -five (35) feet of vegetated buffer between the area to be planted /harvested and the easternmost property line of lot 6, block 2 of the Dean Lakes 5 th Addition. 13. The applicant will need to provide a minimum of fifteen (15) feet of vegetated buffer between the area to be planted /harvested and all other exterior property lines. 14. The applicant will be required to leave all easements containing public utilities undisturbed as these are access points for maintenance personnel. 15. The applicant will be required to protect all storm sewer extensions to the properties to be planted/harvested with measures deemed adequate by the City Engineer. The minimum requirements for all structures will be to receive a solid cover with a water -tight seal and fifteen (15) feet of vegetated buffer and a one (1) foot earthen berm surrounding them. 16. No storage of equipment will be allowed on site. 17. No storage of fertilizers, pesticides or other chemicals will be allowed on site. 18. The applicant will provide a detailed list of all fertilizers, pesticides and other chemicals to be used (and their application rates) in the areas to be planted/harvested prior to their usage. The City reserves the right to deny their use or restrict their application rates. 19. The applicant will contact the City forty -eight (48) hours in advance of the proposed use of all fertilizers, pesticides and other chemicals. 20. The City reserves the right to require soil sampling /testing throughout the year to verify the chemical composition of the soils being planted /harvested. The applicant will be responsible for all costs associated with the sampling /testing. 21. The City reserves the right to require water sampling of adjacent wetlands and storm water basins throughout the year to verify the chemical composition. The applicant will be responsible for all costs associated with the sampling /testing. 22. Section 17V.B.12 of the City's Comprehensive Water Resources Management Plan states the City will discourage the use of fertilizers and pesticides in shoreland protection zones to minimize pollutant runoff to public waters. On properties north of Dean Lakes Boulevard, organic fertilizers shall be allowed for year 1 only. During year 1, no pesticides shall be allowed in this location. After that, no fertilizers or pesticides are to be used on the properties north of Dean Lakes Boulevard. 23. All erosion and sediment control measures will be furnished and installed by the applicant and accepted by the City prior to any land disturbing activity. 24. All erosion and sediment control measures will be routinely inspected by the applicant and replaced /upgraded as necessary, or as directed by the City. 25. Erosion and sediment control will be the responsibility of the applicant throughout the life of the grading permit. 26. Adjacent streets, sidewalks and trails will be kept free of any offshe sediment tracking. The applicant will be responsible for street sweeping. 27. The applicant will maintain dust control operations on site throughout the life of the grading permit. 28. Additional erosion and sediment control measures may be required by the City should they deem the current measures insufficient. 29. As there is no curb cut for equipment access to the properties north of Dean Lakes Boulevard, the applicant will need to provide an alternative access plan that eliminates blockages of the sidewalk. 30. One access point will be allowed to each of the general areas to be planted /harvested. In other words, a total of two (2) access points will be allowed for this use. 31. The applicant will be required to provide and maintain vegetation within the right - of -way consistent with section 7.04, subdivision 2 of the City Code. 32. The applicant will provide a security with the grading permit application, in the type and amount specified by the City Engineer, to ensure all work is being done per the requirements set forth and to repair any damage that may be caused by the planting/harvesting activities. 33. Planting and harvesting activities are limited to the properties outlined in the PUD amendment application. 34. Approval of the PUD amendment does not constitute approval of the submitted drawings. 35. The City reserves the right to suspend or revoke the planting /harvesting activity if they determine it is negatively impacting the soils, wetlands, storm water basins and /or nearby residents /businesses. Adopted in session of the City Council of the City of Shakopee, Minnesota, held on the _ day of 2011. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie IUima, Planner II RE: Dean Lakes Planned Unit Development (PUD) Amendment Request DATE: May 5, 2011 CASELOG NO: 10 -028 REVIEW PERIOD: October 14, 2010 to July 11, 2011 INTRODUCTION Ryan Companies has made application for a Planned Unit Development (PUD) Amendment. The Dean Lakes PUD is located south of Hwy 169 and east of CSAH 83. Please see Exhibit A for location map. The Dean Lakes PUD was proposed by the developer as a `conservation open space' /mixed use development and was approved by the Shakopee City Council in December 2003. The Dean Lakes PUD approval allowed for a mixed use development consisting of areas for business park, commercial and residential development, as well as significant conservation/natural open space both adjacent to Dean Lake and throughout the balance of the development. This PUD is unique from other PUDs within the City of Shakopee as it involves a very detailed PUD agreement that defines uses that are permitted in the PUD and how development would proceed. Specifically, the adopted PUD agreement states (Section 5.2) that "....the developer may request a modification to the PUD Controls for a specific Development Site within the Dean Lakes PUD and the City nzay in its discretion grant the modification." This provision gives the City Council the discretion, regardless of whether or not the PUD criteria outlined in City Code Section 11.50 are met, to approve or deny a request to amend the PUD. Since the PUD approvals in 2003, the residential portion is essentially fully developed. However, due to the decline in commercial and business park development activity during and following the recent recession, Ryan Companies has not experienced build -out of the project in the timeline it had anticipated. Asa result, Ryan Companies would like to be able to lease remaining `business park' land for traditional agricultural use in the interim. Because the agricultural use is not contemplated in the PUD agreement for Dean Lakes, Ryan Companies is requesting that the PUD be amended to specifically allow for the farming of approximately 60 acres of vacant property designated for business park development. Page 1 of 6 DISCUSSION History In 2003, Ryan Companies filed applications for Plamied Unit Development (PUD), Preliminary Plat, Final Plat, and Conditional Use Permit (CUP) for Residential, Commercial, and Business Uses within the Shoreland Overlay Zone. In its original applications, Ryan stated that "(Dean Lakes) is a planned community that respects the integrity of the natural features of the site and provides housing and employment opportunities for the residents of the City of Shakopee." The application goes on to state: "The following community values contained in the Dean Lake plan were used to define and develop the concept plan: 1. Preserve natural features, habitat, and open space; 2. Maintain ecological protection zones along lakeshore areas; 3. Develop an ecological -based approach to stormwater management; 4. Maximize park and trail opportunities; 5. Develop an ecological and ornamental landscape stewardship program; 6. Manage traffic demand " In December 2003, Ryan Companies was granted approval of its submitted applications. The extensive approval documents and agreements outline the parameters of the approvals. The PUD approvals call for the property to be developed in a manner consistent with the uses (residential, commercial, and business park) outlined in Ryan's development plan. In the case of PUDs, the underlying zoning regulations are superseded by the specific terms of the PUD approval. Therefore, since the approval documents for the PUD do not include language that would allow for agricultural uses within the subject property, the PUD would need to be amended prior to the use being allowed. Attached to this memo are copies of the resolution of approval for the PUD (Exhibit B) and the PUD agreement (Exhibit C). At its April 7, 2011 meeting, the Planning Commission requested an update on the activities that Ryan Companies is conducting in order to maintain the ecological areas of the Dean Lakes PUD. Please find attached as Exhibit 1, an explanation provided by the applicant detailing activities both conducted and planned for the future. Current Proposal There are two specific areas proposed for the agricultural use. The first area is located south of Dean Lakes Blvd and is approximately 20 acres in size. The second area is located north of Dean Lakes Blvd. and is approximately 40 acres in size. Please see the attached Exhibit D depicting the proposed locations. Attached as Exhibit E is the original narrative provided by Ryan Companies in October 2010. In its narrative, Ryan explains that it is too costly to cant' the vacant land through the current economic conditions. It is their intent to continue to market the property if this request is granted. Should a user for the business park property come forward, a termination agreement would be in place to allow for the immediate use of the property for business park purposes. Page 2 of 6 In its original request for this amendment, Ryan stated that its intent was to plant soybeans and /or rye grass on the site. Ryan has revised that request to contemplate the planting of alfalfa. This change came about in an attempt to reduce the amount of dust that could be generated by an agricultural use. Please see attached Exhibit F for additional information regarding the revised proposal. It is expected that the alfalfa would be cut and harvested 2 to 4 times per year. All equipment (tractors, cultivators, etc) would be hauled to the site. The anticipated cumulative amount of time that equipment would be on site is approximately 7 to 10 days. Roundup Original is proposed to be used on site for weed control. Additional details regarding the proposed agricultural operation (specific equipment, spraying techniques, and timelines) can be found in the applicant's narrative attached as Exhibit F. Ryan is proposing to work with Outdoor Visions to implement the agricultural use. In its narrative, Ryan states that Outdoor Visions has experience in similar situations in other metro area cormnunities. City staff has contacted the other cities listed in the narrative. In none of the cities referred to, did the affected City regulate the agricultural use as is the case in the Dean Lakes PUD. In some cases, the cities were unaware of the agricultural activity on the site mentioned. In other cases, the agricultural use was occurring on property that maintained an agricultural zoning designation and had not yet received any site plan approval for development. In none of the other cities listed in Ryan's narrative was the situation similar to that in Shakopee where the request is to farm property that is subject to PUD approvals already in place. Ryan Companies has held several meetings with nearby Homeowners Associations and property owners. At the time of original application, staff fielded several calls from concerned homeowners and businesses in the Dean Lakes PUD. Concerns noted include impact on property values, dust, appearance, and air quality. Staff has not received any further calls since that time. Review Comments The Engineering Department has recommended denial of the proposed request. Specific areas of concern include sediment and pollutant runoff and potential degradation of public areas and waters. Engineering staff also noted that the water resources management plan discourages the use of fertilizers and pesticides in order to minimize pollutant runoff to public waters. A copy of the comments prepared by the Engineering Department is attached for your review and reference as Exhibit G. The Scott County Taxation Department has also provided comments. These comments are attached as Exhibit H. The County Taxation Department explains that if this request is approved, the property would be reclassified as agricultural as of January 2012. By being reclassified to agricultural status, the property would generate approximately $231,000 less in its tax bill than under its current classification. The majority of the tax savings to the property owner comes from the State General Tax Fund and Fiscal Disparities because the property owner would no longer be required to pay into these funds. The difference for these funds would have to come from other commercial properties state -wide (for the state general tax) and from the 7- county metro area (for fiscal disparities). When reviewing only the City of Shakopee's portion of the tax bill for these properties, the property owner would save approximately $7600. The Page 3 of 6 $7600 amount would still be received by the City of Shakopee but would have to be made up by other property owners in Shakopee. The negative effect on property tax revenue is inconsistent with the intent of the Master Development Agreement between Ryan Companies and the City. Criteria for Approval Section 11.50, Subd. 6 of the City Code outlines the criteria for granting a Planned Unit Development. The following is a listing of the criteria and draft findings for this application. Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.l: The use of property for traditional agricultural practices is not consistent with the Comprehensive Plan, The Comprehensive Plan designates this area for business park development. In addition, the underlying zoning and PUD approvals specify development consistent with the Comprehensive Plan. In particular, the proposed amendment is not compatible with the conservation/open space and mixed use nature of the PUD approved consistent with Shakopee's Comprehensive Plan. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding No. 2: The use of the property for traditional agricultural practices is not compatible with the surrounding land uses. The adjacent residential uses were constructed, purchased and inhabited with the understanding that the subject property would be developed as a business park. The impacts from agricultural use, even on an interim basis, has significantly different impacts on the residential portion of this development, in the form of noise, dust, undesirable impacts on surface water management than would be the case if the property is developed as intended or maintained in its natural state until such development can occur. Additionally, the use of the subject property for traditional agricultural purposes is not consistent with the conservation development principles that were instrumental in the review and approval of the Dean Lakes P UD. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: The intent of providing adequate open space, circulation, parking, recreation, screening and landscaping is to ensure that the development ofproperty, at a minimum, does not have a negative impact on surrounding roadways, neighborhoods, or recreational areas and at roost, enhances and/or benefits these areas. The use of the property within an urban environmentfor traditional agricultural purposes provides no demonstrated benefit to the surrounding areas. Indeed, this area, prior to development as the Dean Lakes PUD was planted in row crops. To revert back to its original use after significant public and private investment would be a contradictory action. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the Page 4 of 6 maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: The primary function of this area of the Dean Lakes PUD is to provide business park development while being sensitive to the conservation nature of the area This function is accomplished through the original approvals currently in place. No information has been provided that the request to use the property for agricultural planting and harvesting would preserve and enhance the worthwhile, natural terrain characteristics of the site nor enhance the ultimate developmentpotential of this site. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The introduction of the requested agricultural use is not compatible with the adjoining land uses of residential, commercial and business park. Planting and harvesting of row crops has the potential to introduce noise, traffic, and dust to the area that would be significantly different, and likely more intrusive than that contemplated by the original PUD approval. In addition, significant concerns regarding stormwater and groundwater impacts exist from the conduct of traditional farming operations on this site. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and /or general zoning provisions. Finding No. 6: The introduction of agricultural uses in this area does not afford a greater general public benefit than is currently in place. In fact, the Scott County Taxation Department has commented that the tax dollars that would be lost the City as a result of this change would need to be made tip by the remaining owners in Shakopee. Additionally, lost tax dollars for state general tax and fiscal disparities would be made up from other commercial properties in the state (state general tax) and in the 7- county metro area fiscal disparities). The negative effect on property tax revenue is inconsistent with the intent of the Master Development Agreement between Ryan Companies and the City. ALTERNATIVES 1. Recommend to the City Council the approval of the PUD amendment, subject to conditions. 2. Recommend to the City Council the denial of the PUD amendment based on the proposed findings above. 3. Continue the public hearing and direct staff and /or the applicant to provide additional information. 4. Table action on the item and request that additional information be provided by the applicant and /or staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council the denial of the request for PUD amendment (Alternative No. 2). Page 5 of 6 ACTION REQUESTED Offer a motion to recommend to the City Council the denial of the PUD amendment. +ulie Klima Planner II hAboaa -pc \2011 \05 -05 \10028 dean lakes pud amend.doex Page 6 of 6 EXI-11017 Scott County N 5s az5 571 ir-r-p3 q iia7 x? 5555 57:5 115] 1167 q 335 __} X331 511 1 Lt sax; :I :r 4333 1 370 =.r195 g.33 4531 ox, 4 — Y:25J I T j HAY ( I6 3 �. __ l� I I I I 1 _ ` v "t71 x3i = IIJ I F I = — - -- X 37 ., 1 1 � f 1 . • 1 l 1 �- 4%\� _\, d' \.. r - I f G]72 _� -1 69}3 611 1 i5 �h71 ttrr ` y' i f I l�� 1 7 t-� 1 117 / y itj7 ` 1�S / a ?as v�f s t :?,t33� a�t ;T. 3.e7 97:7:_ ,- -- � ./4.79.1 ]13`3 � ' `� .k., -Ali I �SI1 rI 0� . li t I! ` .t_ S_ 15 4.3 } call. 4 _.•C 4352 ' 1 1 3] r� _ _ _ I c } \\ . 5 0 - }a19 t 5e . �i_tf2 5 3 ::101 1732 0775 - 1 °'' -_ - ( :T5=f;731' A- - a ; 36 . 4 6 11 . i 3 1 J Ht 4— ,C1-1 iu i �2� 313 ;::r7 t- _ 32.4.4•` 3310 5 sal } .-_ 1 11c I �5 IH 115 II '" x333 � r; ,.. I ` *i 1 '7.0.3,„= ? -Y:.,-:: m h I [ 021,5 60:3. a.,9t= -�'�10 .370 7 i . 1 Imo} 1-2�j 3,J ``t I 5955 o . J 13TH - -_� i11t 4 -4] 13' II hrif � S21S � 1'' -�"�3 ���F1 �� 12 �cY_i�.T� 13 ?� , »,. 1:153. - _.-- . ~ -`- -_ 1 iN � 1 r » ,. �. y I - _ -_ 1 7 61 1 17�Y i 7t3 .1 IIT y}!�Q :_y3 4Y4Lt `) 1733; 1734: 'n— iiq _ - ,-1__ ,. � 57as _ -'z • This drawing is neither a legally recorded map nor a survey and is not Map Scale N intended to be used as one. This drawing is a compilation of records, x information, and data located in various city, county, and state offices, and 1 inch = 888 feet other sources affecting the area shown, and is to be used for reference W L L. P only. County is not Ma re ur oses onI Scott Count responsible any 3: = - P e for Y inaccuracies herein . . contained. If discrepancies are found, please contact the Scott County � Date / p• Surveyors office. 10/20/201 s 'Cott RESOLUTION NO, 5986 A RESOLUTION OF THE CITE' OF SITA1COPEE, MINNESOTA APPROVING LPLAtN D UNIT DEVELOPMENT (PUD) OVERLA1 DISTRICT NO. 24, DEAN LAKES WHEREAS, Ryan Companies U.S., sic., applicant and Valley Green Business Park, property owner, have made application for approval of a PUD Overlay District for the project known as "Dean Lakes;" and WHEREAS, the subject properties are legally described as found as on Exhibit A attached hereto: and - 1VHEI,qF,AS, the Shakopee Planning Counnission conducted a public hearing on the PUD on November 6 and November 20, 2003; and WHEREAS, all required public notices 'rogading the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to the conditions listed below; and W11EREAS, the City Council reviewed the PUD request at its special meeting of December 9, 2003. NOW, THEREFORE, BE IT RESOLIVED BY THE CITY COUNCIL OF TIKE CITE' OF sHAYCOPEE,10rgI1NNESOTA, that it adopts the following findings of fact relative to the proposed PUD Overlay District; 1. Whether the proposed development is consistent in all respects with the comprehensive plan and with this Section [i.e. the provisions related to CUPs]; The commercial, business park, residential, and trail uses proposed are consistent with the land use guidin the subject site. With the conditions of approval proposed for the PUD, as well as the CUPS and preliminary plat, the project will be consistent with the provisions of both the City's Comprehensive Plan and the relevant sections of City Code Chap. 11, Zoning. 2. Whether the proposed development including deviations from design standards of the underlying zones, is compatible with surrounding land uses; The location of the proposed commercial and business park uses adjacent to STH 169 and CSAH 83, which are both high volume arterial roadways, is most desirable. In the future, they will provide additional protection for the residential uses from the noise that is generated by these roadways. ne proposed medium density residential 2901825.2 (DCS) 13 2 area would be located a substantial distance f om both Deans Lake and the nearby residential neighborhood, and with other protections (such as the ecological reconstruction of the shoreland, buffer zone) should render it compatible with those areas. 3. Whether the proposed development, including deviations fzora the development standards of the underlying zone, provides adequate open space, rirculatiov, recreation, screening, and landscaping; As proposed, the development would. provide adequate open space that would be accessible to residents of Shakopee generally, as well as to the residents and workers in the project area. The recreation areas proposed are adequate to serve the proposed residential component of ° the development. As proposed, the city's landscaping, screening, and woodland' management requirements would be met or exceeded. lie proposed development will provide a substantial network of trolls and sidewalks for pedestrian circulation, both within the site and connecting to other City ira_ils. The proposed street access points, street widths, and design will be consistent with Scott County access spacing guidelines (where appropriate) and City standards. Y. Whether the primary function of the PUD is to cnco sago development t11at will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective with be a basic consideration i_rn granting approval or denial; The development as proposed will restrict _construction of commercial, business park, and residential uses to about 68% of the 266 -acre site. The proposed PUID will restore signif cant areas of the site to their native vegetative states, or states more closely resembling their natural states. This restoration will occur in both the shoreland buffer zone, and the connecting open space conservation areas. 5. Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. The buffering of the business park and residential components by the open space conservation areas significantly enhances the compatibility of the site elements. City standards relating to materials and design will apply to each of the buildings within this PUTD. 6. Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions. 2901025.2 PCS) 2 By virtue of the proposed shoreland buffer zone, open space areas, ecological restoration, trail construction, and trail amenities, the _FUD plan would afford greater benefit than could be realized under the underlying zoning districts and general zonin BE rT — k URTHER RESOLSTE+ D, that the requested PITII Overlay District is approved subject to the following conditions; Development of the site shall generally comply With the following; a. Project narrative dated September 9, 2003; b. The following shall constitute the "Dean ' Lakes Project Master Development Plan; A. Development Use, 12/03/2003, prepared byRUI — Kuusisto, Ltd. ii. Preliminary Grading and Drainage Plan - Overall, 9/25/2003, prepared by -RL K — Kuusisto, Ltd. Prel urinary Erosion Control Plan - Overall, 9/25/2003, prepared by R— K — Kuusisto, Ltd. iv. Preliminary Utility Plan — Overall, 9/25/2003, prepared by RLK — Kuusisto, Ltd. v. Preliminary Landscape Plan - Overall, 9/25/2003, prepared by RT K— Kuusisto, Ltd. vi. Preliminary Tree. Preservation Plan — Overall, ,9/25/2003, prepared , by RLK — Kuusisto, Ltd. vii. Dean Lakes Conservation Basement Exhibit, 12/05/2003 viii. Preliminary Plat, 12/01/2003, Westwood Professional Services, Iuc. ix. Dean Lakes Impacted/Replacement Wet Land Areas, 12/05/2003, prepared by RLK — Kuusisto, Ltd. x. Landscape details, 9/25/2003, prepared byRLK— Kuusisto, Ltd. xi. Aerial Photo showing woodland quality ratings and percent removal, ,dated September 22, 2003 ✓xii. Private Residential Recreational Annerrities, 12/05/2003, (except that no less than 50% of the proposed 82 village lots shall be single - family detached units, and there shall be a trail on one side and a sidewalk on the other side of Dean Lakes Boulevard); xiii. The bound document titled "Submittal for City Council Review" dated December 9, 2003. c. No less than 50% of the proposed 82 village lots shall be single- family detached units, and there shall be a trail on one side and a sidewalk on the other side of Dean Lakes Boulevard. 2. Prior to City Council approval of the first final plat, or issuance of any grading permit the following documents shall be executed as approved by the City Council. Those documents are: a. Planned Unit Development Agreement b. Conservation Basements for NOS CA. 2901825.2 (DCS) 3. Landscaping requirements shall be verified at the time of building permit review. The applicant shall be required to submit to the City a landscaping bond in an anount equal to 115% of the value of the landscaping to ensure compliance with this section during the first year after planting. 4. Park-Dedication: a, prior to approving the n"_rst final plat, the Applicant shall pay cash park dedication fees in the minimum amount of $245,155 or in accordance with the City's Developer's Agreement. b. The applicant will also provide the following; L 17,883 li feet of trail easements, 20' wide, having an esti - Hated value for park dedication credit purposes of $546,121; iy.. Constructed trails having a minimum cost of $383,424; iii. Trails anicruties at o locations having a value of $20,000 /site, or $120,000 total c. The Applicant will return_ to the Advisory Board with the construction plans for the recreational amenities and trail system. d. That the Applicant incorporate the 15 -acre arcap reposed as parkland in the overall conservation easement area. e. That the Applicant provide for public use oft conser ation easement areas. E That the Applicant or its successors be required to maintain the conservation easement areas in perpetuity at standards set forth in the ecological plan. g. That the Applicant adopt use policies for the conservation easement areas that are identical to th existing rules, policies and ordinances for public parks in Shakopee, and that these rules, ordinances, and policies be changeable over time as the use policies change for public parks. h. That the Applicant design a more defined trailhead at the east end of the public roadway that serves the commercial area. This trailhead shall have adequate parking for vehicles, as well as the oiential for busses to accommodate school groups that might visit the property due to the unique ecological characteristics of the site. i. That the Applicant provide for trail system signage, as well as directional signs to the site (primarily to the trail head parking area), that are agreed to by staff. j. That the Applicant provide a hard surface trail (bituminous or boardwalk where needed) on a majority of the looping trail system, and that in the ecological sensitive areas the Applicant provide a surface that is appropriate for the ecological concerns but a surface that still meets accessibility standards (A-DA). The applicant's ecological consultant shall work with City staff to define the trail surface in these areas. k. That the Applicant design and constrict all recreational amenities and the trail system to be ADA complaint. 1. That the Applicant adheres to City standards in the design, construction, and maintenance of all trail and recreational amenities. 2901825.2 (DCS) m. That the Applicant restore natural areas and consiuct/install the recreational amenities and trail system during the first phase of development, and that the cost of these improvements be the sole responsibility of the developer. 4. LiGITIMG: The applicant may apply to the City and Shakopee Public Utilities Commission (SPUC) for a "special lighting district" in order to provide more decorative lighting than the SPUC standard. At the time of building per_nit revi ew(s), the applicant or Choir assigns shall submit a lighting plan for the project area ' ve fy that: on site lighting is not spilling over to adjacent properties and is in compliance with the lighting requirements of the City Code. 5. SCZEENING: a. Ali mechanical components, inciuding, but not limited to, rooftop components, on site shall be screened. Said screening can be accomplished through painting, paneling or other material as deemed acceptable by the Zoning Adininistrator. b. Trash compactors shall be fatly screened _om view. Other trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. 6 BUILDING MATE S AIFD DESIGN: Building materials shall comply with City ordinances related to building materials and design., and will be reviewed for compliance at the time of application for building pcimit(s). 7. S1GNAGE: Signage is not addressed or approved in this PUD application. Signage shall be limited to the number, size, and height requirements of the City Code. However, No standing signage along City streets shall be limited to a monumnet type design and shall be constructed of face brick, stone, or other similar materials. Tf multiple retail establishments exist within the commercial area, only one freestanding business complex sign shall be allowed per sweet frontage. 3. The applicant shall provide access points in locations approved by the City Engineer, or when applicable 'the County Engineer to ensure proper ingress /egress 'to the site. 9. Loading facilities shall comply with the requirements of Section 11.63. 10. The right in from Dean Lakes Boulevard shall not "dead -end" into a parking lot. 11. The ownership, operation and maintenance of the private driveways within the PUD shall be the responsibility of the developer and /or its assigns and shall not be accepted by the City. 2901825.2 (DCS) 12. Irrigation system shall be provided for the landscape islands and perimeter landscaping. These systems shall include rain sensors. Adopted in a I : session of the City Council of the City of Shakopee, MinnesOO, ` �1 /J held this � day ®f % /�e,�i�d.Y1 , 2003. � Mayor of the City of Shakopee T` ERSTi cCP'Clerk v / 2901825.2 (DCS) . „ -7 EXHI MT A to Shakopee Ros, Noss 5986,598 r7, and 5988 Dean rakes Le al Deserl - ' On December 3, 2003 The Southeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, II nnesota . together with: Lot A, REGISTER HD LAND SURVEY NO.6, Scott County, M nnesota, EXCEPT Parcel 74, Minnesota Department of Transportation Right of Way Plat No. 70 -11 as the same are on file and record in the Office of the Registrar of Titles in and for Scott County, Minnesota. together with: The Northeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota; EXCEPT that part shown. as Parcel 74 onMiancsota Department of Transportation Right of Way Plat No. 70 -12 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. together with: The Southwest Quarter of he Soudeast Quarter (S W '/4 of SE '' /4) of Section 9, Township 115, Range 22, Scott County, Minnesota. EXCEPT THE FOLLOWING: Commencing at a point 32 rods North of the Southwest comer of the Southeast Quarter; thence running East 13 rods, thence North 10 rods, thence in a Northwesterly direction about 13.70 rods to a point 46 rods North of said Southwest comer of the Southeast Quarter, thence South 14 rods to the place of beginning. EXCEPT thatpart shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -11 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. together with: Government Lots 1 and 2, and the West 601.13 feet of Govemment Lot 3, Section 10, Township 115, Range 22, Scott County, Minnesota, including the accretions and rel"ti0ns thereto. EXCEPT that part of Government Lots 1 and 2 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -12 and that part of Government Lot 3 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -13, all in Section 10, Township 115, Range 22 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. together with: That part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 32 rods North of the Southwest comer of the Southeast Quarter; thence running East 13 rods, thence North 10 rods, thence in a Northwesterly direction about 13.70 rods to a point 46 rods North of said Southwest corner of the Southeast Quarter, thence South 14 rods to the place of beginning. together with: Tract B, REGISTERED LAND SURVEY NO. 172, files of the Registrar of Titles, Scott County, Minnesota. G: \CC\2003\12 -09 \Lega1 Desc 12- 03- 03.doc w \:,v 6 S U O �a b F a i o i � � 3 1 � a 2 O m � W� �o n4 o � ll� 0 it n J' WA u Q uw Kwh� hl 15)T 8 - Doc. No., T 1 53920 Vol. 8 3 . Page 177 Cert. 2785^ OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MINNESOTA Do Certified Filed onDI 22- 2004aat 01: OFFICE OF THE COUNTY RECORDER SCOTT COUN I Y, MINNESOTA Pat Boeckman, Registrar of Titles Certified t=iled and /or Recorded on 04 Fee: $100.()0 01 -22 -2004 at 01:45 Receipt:000000 Pat Boeckman, County Recorder 04 cgs_ F .e e: $20.00 QS X77 3/77.7 4 7• 2T -3 2 2 Y, � ! LANNFD UNIT DEVELOPMF-NT ACREEIVIFNT FOR DEAN LAKES PROJECT 2884442,7 December 17, 2003 — D. Sellergren's Changes ( "2- TABLE OF CONTENTS TO CITY OF SHAKOPEE PLANNED UNIT DEVELOPMENT AGREEMENT FOR DElsN LAKE S PUD (NOTE: Definitions of many of the temps used in this Agreement may be found in Section 1.8.12, commencing at page 16) ARTICLE I FINDINGS AND COVENANTS, .... ........... ....... ARTICLE 2 PUD ZONING,_ NATURAL OPEN SPACE CONSERVATION AREA VARIATIONS AND SHORELAND CONDITIONAL USE PERMIT .................3 2.1 PUD ORDINANCE - FINDINGS AND COVENANTS ............................3 2.2 DEVELOPMENT AND LAND USE ............................ ..............................3 2.3 DENSITY ...................................................................... ..............................3 2.4 PARCEL AND HOME OWNERS' ASSOCIATIONS AND RESTRICTIVE COVENANTS ..................................... ..............................4 ARTICLE 3 DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN AND PUDCONTROLS ..................................................................... ..............................4 3.1 DEVELOPMENT CONFORMITY ................................ '.............................4 3.2 PUD CONTROLS .........:............................................... ..............................4 3.3 DEAN LAKES PUD RUNS WITH THE LAND .......... ..............................4 ARTICLE 4 RELATIONSHIP OF DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN TO FINAL PLAT .........._ ................ ..............................5 4.1 DEVELOPMENT SITES.— ...................... ............................. ............ ...... 5 4.2 FINAL PLAT .................................................:............... ..............................5 4.3 RELATIONSHIP OF DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN TO FINAL PLAT ................ ..............................5 4.4 INCONSISTENCY AMONG PUD CONTROLS ........ ..............................5 ARTICLE 5 RELATIONSHIP OF PLANNED DEVELOPMENT AGREEMENT TO SUBJECTPROPERTY ............................................................. ..............................6 5.1 RELATIONSHIP OF PLANNED DEVELOPMENT AGREEMENT TO SUBJECT PROPERTY ................. ..............................6 5.2 CHANGE OF ORDINANCES ...................................... ..............................6 ARTICLE 6 STREETS AND PUBLIC IMPROVEMENTS CONSTRUCTION .......................7 6.1 LOCATION AND CREATION OF STREETS ............ ..............................7 6.2 PLANS ........................................................................... ..............................7 6.3 GRADING STREETS .................................................. ............................... 7 6.4 CONSTRUCTION AND FINANCIAL RESPONSIBILITY .....................7 2884442.7 December 12, 2003 ARTICLE 7 SANITARY SEWER AND WATER ............................... 7.1 INSTALLATION OF UTILITIES WITHIN THE DEVELOPMENT SITE ......... ............................... 7.2 STANDARD S ........................ ............................... 7 ......... ..............................7 .... I .......................... . ... 8 ARTICLE 8 STORM WATER MANAGEMENT ......................................... ..............................8 8.1 DESIGN AND TIMING ................................................ ..............................8 12.2 RESPONSIBILITY FOR CONSTRUCTION...._ ........ .............................10 8.2 RESPONSIBILITY FOR CONSTRUCTION AND COSTS- ....................8 8.3 MAINTENANCE .......................................................... ..............................8 13.1 PERMITS ...................................................................... .............................10 ARTICLE 9 GRADING - DRAINAGE ......................................................... ..............................8 9.1 DESIGN AND TIMING ................................................ ..............................8 14.2 INSPECTION ............................................................... .............................10 9,2 RESPONSIBILITY FOR CONSTRUCTION ............... ..............................8 ARTICLE10 W ETLANDS .........................................:.................................... .............................. . ...........10 10,1 WETLANDS .................................... . ............................ . ............................8 .. 10.2 TIMING ...........................................'....,..................,...... ..............................9 10.3 RESPONSIBILITY FOR CONSTRUCTION- ... ........ ... ....................... 9 10,4 COMPLIANCE WITH WETLANDS PERMITS ......... ..............................9 ARTICLE i i PARK DEDICATION ............................................................... ..............................9 11.1 PARK DEDICATION - CONTRIBUTION REQUIREMENT ..................9 11,2 MANNER OF CREATION ........................................... ..............................9 11.3 DESIGN AND PARK GRADING ................................ ...............:..............9 11.4 PARK IMPROVEMENTS AND, MAINTENANCE, AND OPERATION ................................................................. ..............................9 11.5 NOSCA .......................................................................... ..............................9 ARTICLE12 TRAILS ..................................................................................... ............................. 12.1 TRAIL PLAN ............................................................... .............................10 12.2 RESPONSIBILITY FOR CONSTRUCTION...._ ........ .............................10 12.3 RESPONSIBILITY FOR MAINTENANCE ............... .............................10 ARTICLE13 OTHER PERMITS ................................................................... .............................10 13.1 PERMITS ...................................................................... .............................10 ARTICLE 14 DEVELOPMENT SITE IMPROVEMENTS ........................... .............................10 14.1 APPROVAL OF CONTRACTORS AND ENGINEER ...........................10 14.2 INSPECTION ............................................................... .............................10 14.3 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS ........................... . ................... . ..... . ............. . ........... . ...........10 2884442.7 December 12, 2003 11 ARTICLE 15 BJ33y[)N3IBDLlTY FO COSTS ........ ,............. ............. .................... .......... ll 15.1 DEVELOPMENT SITE IMPROVEMENT COSTS .... ........................ ,.l\ 15.2 COSTS .................................. .....~~.................,....l1 � 11 ARTICLE 16 INDEMNIFICATION {}BC{TY. ........ .—........ .... .... ..... ..... ... ~^........... il � 16.1 INDEMNIFICATION 0F CITY ......... ........... ........ ................................ ll 162 NOTICE .......................... ............... ........... ..... .... .................. ............. .J2 16.3 DEFENSE 0F CLAIM .... ............ ...... .. ................. -........ .................. l2 16 .4 LIMITATION ..... ..................... . ..................... .... . ... ............................ l2 ARTICLE 17 CITY REMEDIES UPON DEFAULT ........... ......... ........ ................... - - - .......... l% 17.1 CITY REMEDIES ............................... ... .... ... ..... .................... ............ l2 17.2 PLANNED DEVELOPMENT AGREEMENT TERMINATION DEFAULT .................. . ...................... ....... ..... ........... ,......A3 17.3 N()ADDITIONAL WAIVER Dy1P}IBI)Bl, ONE WAIVER .............. ,14 17.4 NK}REMEDY EXCLUSIVE ................................ .............................. ..... l4 17j EMERGENCY ............... ............. ___ ........................................... . ....... 4 ARTICLE IS &�lX � 8..'—.—.,—.—....—~.,~.~.—.~--.~..—~...... l4 l8l / N(} THIRD PARTY {{BC(}T])lSE()R RIGHTS .............. ............. ......... l4 182 VALIDITY .................... . ......... .................. ..,....... .......... ............. ... l4 183 RECORDING .... ...................... ~—'~~~.' ... ..... .... .... .. ... . ........... l4 18.4 BINDING AGREEMENT ................ ................ —...,.................. l4 lXJ DURATION [)P DEVELOPER'S 08l,lGA7I0N3 ........ ........................ l4 10.6 AMENDMENT AND WAIVER ................................... .... .............. ...... s lXJ (�0V1��ONDN[}LA!�/...—...—..........—.—.—... � l8�8 C[)lJ��T8ID,Af<ZS..,—,.—..,..~~..—.........—.--....—.lj 189 HEADINGS ...................... ........ .. ............................ .... ........... ............. l5 ' 18J0 ACCESS ........................................................... ............................... ..... l5 18.11 CERTIFICATE (}8 COMPLIANCE ...... . ...................... ........................... l5 18/2 DEFINITIONS .... ............... ................................ ..................... ............ l6 EXHIBIT A` SUBJECT PROPERTY EXHIBIT D-DEAN LAIMS PROJECT MASTER DEVELOPMENT PLAN 2994442.7 o�combr|z iii c 6 7 CITY OF SHAKOPEE PLANNED UNIT DEVELOPMENT AGREEMENT FOR DEAN LAKES PROJECT THIS PLANNED UNIT DEVELOPMENT AGREEMENT ( "Planned .Development Agreement "), is made and entered into and effective on this W! —day of December, 2003 ( "Effective Date "), by and between the City of Shakopee, a Minnesota municipal corporation, hereinafter referred to as the "City," and Ryan Companies US, Inc„ a Minnesota corporation, hereinafter referred to as the "Developer." In consideration of and in reliance upon the representations, warranties and covenants of the parties herein contained, the City and the Developer hereby agree as follows: ARTICLE 1 FINDINGS AND COVENANTS I. The Developer has applied to the City for a planned unit development approval of the Subject Property, which consists of approximately 272 acres, in accord with the Dean Lakes Project Master Development Plan for the Dean Lakes PUD Project. The Developer and the City desire to entered into this Planned Development Agreement to memorialize their respective rights and obligations for the Dean "Lakes PUD Project. 2. The Subject Property is zoned BP, B -1, and R -2. The Developer has applied to the City for approval of a preliminary plat, a PUD, and a conditional use permit for the Subject Property. 3. The City has determined that the Developer's Dean Lakes Project Master Development Plan is consistent with the City's Comprehensive Plan. 4, The City requires the Developer to provide various streets, utilities, trails, ponds, private open space, conservation easements and other facilities as a consideration to granting the foregoing approvals. 5.. In reliance upon the City's approval of the Dean Lakes PUD Project and Preliminary Plat, and by way of proposed conservation and trail easements to the. City and a Declaration creating Natural Open Space Conservation Areas (NOSCA) and a Parcel Owner's Association (the "Association ") to care for NOSCA, the Developer proposes to .protect and preserve approximately 84 acres within the Subject Property from urban development and to create an interconnected system of trails available to members of the Association and the public, 6. Under authority granted to it, including Minnesota Statutes, Chapters 412 and 462, pursuant to Resolution Nos. 5986, 5987, and 5988 adopted on December 9, 2003 (the "Resolutions "), the Council has approved the preliminary plat, PUD, and Conditional Use Permit I or the Subject Property. 2994442.7 De=mbcr 12, 2003 G� 7. The City and the Developer agree that the Resolutions and this Planned Development Agreement address the development parameters of the Dean Lakes Project Master Development Plan. R. The City has prepared an Alternative Urban Areawide Review (AUAR) for the Dean Lakes PUD Project most recently approved in May, 2003, in compliance with Minnesota Rules, Chapter 4410. 9, The Developer holds or will hold within ninety (90) days of the Effective Date a fee ownership interest in all of the Subject Property, 10, The Developer agrees that Development of the Subject Property is subject to the regulatory controls, restrictions, and obligations that are imposed by this Planned Development Agreement, the PUD Controls, the Resolutions, the Declaration, the Trail Easement, the Conservation Easement, and the Restoration Plan. The Developer and the City agree that the Subject Property will be developed in accordance with those regulatory controls, restrictions, and obligations and that the Developer has and will expend considerable funds in reliance upon and in order to comply with those matters. 11. The Subject Property will be, developed in Development Sites arid each Development Site shall be developed in accord with the PUD Controls, The first Development Site of the Dean Lakes PUD Project to be developed shall be final platted into lots consistent with the Preliminary Plat. The Subject Property will be later submitted as Development Sites for Final Plat approval, with the first Development Site to be developed with residential uses and the remainder to be developed as commercial, office, warehouse, industrial or distribution uses. Because the Dean Lakes PUD Project is being developed in phases, the Final Plat for any particular Development Site, portion of a Development Site, or combination of Development Sites will also be done in phases. Nothing contained in this Planned Development Agreement is deemed Final Plat approval for any of the Development Sites at this time. Notwithstanding that Plat approval must be obtained for each Development Site, the parties understand and agree that pursuant to the Resolutions and this Planned Development Agreement, the City is granting Preliminary Plat approval, a Planned Unit Development Distr.{ct zoning designation pursuant to the PUD Ordinance and a conditional use permit pursuant to the Shoreland Ordinance for the Development Sites and is approving the Dean Lakes Project Master Development Plan. The parties acknowledge and. agree that the Outlots within the Dean Lakes Project Master Development Plan will be supplemented and refined in more detail for Development Site Development, and that Final Plat approval will have to be obtained from the City before any Development can occur on a subsequently - developed Development Site. The parties understand, agree, and intend that the Final Plat for each Development Site shall be controlled by the Preliminary Plat approval and the Dean Lakes Project Master Development Plan pursuant to this Planned Development Agreement, 12. The Developer agrees to comply with the PUD Controls and consensual amendments thereto. Subject to such compliance by the Developer and because the Developer has acted in reliance upon the Resolutions and this Planned Development Agreement, the City shall permit phased Development of the Development Sites within the Subject Property in accord with the PUD Controls, and consensual amendments thereto. 2684442.7 December 12, 2007 2 G 7 ARTICLE 2 PUD ZONING. NATURAL OPEN SPACE CONSERVATION AREA, VARIATIONS AND MORELAND CONDITIONAL USE PERMIT 2,1 PUT) ORDINANCE - FINDINGS AND COVENANTS On December 9, 2003, the City Council approved the Resolutions for the PUD, Preliminary Plat and conditional use permit under the Shoreland Ordinance and certain variations to allow Development of the Development Sites consistent with the Dean Lakes Master Development PIan, The Council finds that granting and approving such rezoning, Preliminary Plat, conditional use pan and the variations within the PUD is consistent with the City's Comprehensive Plan and accomplishes the following: (a) Provides the means for greater creativity and flexibility and environmental design than is provided for under the strict application of the existing zoning code while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City and its inhabitants; (b) Functions as a catalyst in assisting resolution of preexisting water table, wetlands, woodlands, open space, and storm water drainage issues, as well as promotes the maintenance and development of biodiversity within the Subject Property; (c) Provides for a creative, mixed use, and efficient approach to the use of the Subject Property; (d) Provides for the preservation and enhancement of a mix of desirable land use characteristics and open space; and (e) Provides for an integrated development pattern and a harmony with the Iand use, density, environmental protection, shoreland and wetlands protection, trials, open space, transportation facilities and cominunity objectives of the City's Comprehensive Plan. 2.2 DEVELOPMENT AND LAND USE No Development or use shall be made of the Subject Property or any portion thereof unless such Development or use is consistent with the PUD Controls and consensual amendments thereto. Except as provided in Section 4.2 hereof or unless the Council by separate action approves otherwise, no Development or use shall occur on any Development Site until the Final Plat for that Development Site has been approved by the Council. Final Plats consistent with this Planned Development Agreement shall be. approved by the Council. 23 DENSITY The maximum density of each non - residential Development Site shall not exceed by more than ten percent (10 %) the density specified in the Preliminary Site Plan — Overall; the density of the residential Development Site shall not exceed 295 residential units. Total density of the non - residential Development Sites shall not exceed 1,785,083 square 2684442.7 December 12, 2003 4 feet. Development Site Development, overall density, and use of each Development Site shall be determined solely by reference to the Resolutions and this Planned Development Agreement, including the Dean Lakes Project Master Development Plan. 2.4 PARCEL AND HOME OWNERS' ASSOCIATIONS AND RESTRICTIVE COVENANTS Prior to the Final Plat approval for any Development Site or. combination of Development Sites, the Developer shall submit model deed restrictions, declaration of covenants, agreements, if any, and any proposed home owners' association articles of incorporation and bylaws or other documents or contracts controlling the use and maintenance of the land within such Development Site. These documents shall be consistent with the PUD Controls and shall be subject to the review and approval of the City Attorney for their consistency wifn the PUD Controls. Within the R -2 area of the Subject Property, the documents shall provide for: (i) architectural design and exterior materials requirements; (ii) private open space restoration, improvement and maintenance; (iii) Essential Improvements operation and maintenance; (iv) any other functions, restrictions and requirements consistent with the PUD Controls deemed advisable by the Developer; and, (v) methods to assess the cosis for the foregoing. ARTICLE 3 DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN AND PUD CONTROLS 3.1 DEVELOPMENT CONFORMITY Pursuant to the Resolutions, the City has approved the preliminary plat, the PUD, and the conditional use permit under the Shoreland Ordinance. Development of the Subject Property shall conform to the Resolutions and this Planned Development Agreement, including the Dean Lakes Project Master Development Plan, and Final Plat for each Development Site, unless the City approves otherwise. 3.2 PUD CONTROLS The Developer agrees to corrrpiy with the Preliminary Plat, this Planned Development Agreement, including the PUD Controls and consensual amendments thereto. Subject to such compliance by the Developer, the City agrees to permit Development of the Subject Property consistent with the Dean Lakes Project Master Development Plan, and consensual amendments thereto, 3.3 DEAN LAKES PUD RUNS WITH THE LAND The Dean Lakes PUD Project is a plarmed and staged development pursuant to this Planned Development Agreement as authorized by Minnesota Statutes, Section 462.358, subd. 3(c), and the development rights and obligations addressed in this Planned Development Agreement, including the Dean Lakes Project Master Development Plan, shall apply to and run with the Subject Property from and after the .Effective Date of this Planned Development Agreement. The Developer is relying upon these rights and obligations, and has expended and will expend substantial sums for government approvals, land acquisition and substantial physical development activity in pursuit of and in reliance upon such rights and obligations. 2884442.7 December 12, 2003 Cg 4 ARTICLE 4 RELATIONSHIP OF DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN TO FINAL PLAT 4,1 DEVELOPMENT SITES Unless the City approves otherwise, final platting of the Subject Property shall occur in phases within the Development Sites shown on the Dean Lakes Project Master Development Plan. The procedure and substance, including financial assurance, of approval for each Development Site shall be subject to compliance with this Planned Development Agreement, the Resolutions, the Preliminary Plat, and the Developer's Agreement for the Development Site, The timing of Development of the Development Sites shall be responsive to market conditions, Development shall not occur within a Development Site unless the City determines that necessary Essential Improvements are available to serve the Development Site, 4.2 FINAL PLAT Except as set forth in this Section 4 2, no Development shall occur on any Development Site until the City approves the Final Plat for that Development Site. The following may occur after Preliminary Plat approval, but before Final Plat for a particular Development Site being approved and recorded: (a) grading, but only if the Developer has provided restoration security and erosion control acceptable to the City Engineer; (b) street construction, but only if the City Engineer has approved, ordered or otherwise required the street construction; (c) installation of water and sanitary sewer lines and drainage facilities, if approved, ordered or required by the City Engineer; and (d) after Final Plat approval for the first Development Site only, issuance of building permits after installation of Class 5 aggregate materials on servicing streets for four model residential buildings on or before April 1, 2004; and for an unlimited number of homes on or after June 1, 2004, if hard surface streets are available to access the building sites. 4.3 RELATIONSIIP OF DEAN LADES PROJECT MASTER DEVELOPMENT PLAN TO FINAL PLAT The Final Plat for a Development Site shall conform in material respects to this Planned Development Agreement and the Dean Lakes Project Master Development Plan for the Development Site, unless otherwise approved by the Council. 4.4 INCONSISTENCY AMONG PUD CONTROLS To the extent an inconsistency or conflict exists among the PUD Controls after approval of Final Plat by the Council and in the absence of a consensual amendment addressing the inconsistency, the following documents in descending order shall govern; 2984442.7 December 12, 2003 E � 10 (a) Final Plat (b) Developer's Agreement for Development Site (e) Preliminary Plat (d) Planned Development Agreement (e) Dean Lakes Project Master Development Plan (f) PUD Ordinance (g) Subdivision Ordinance. (h) Comprehensive Plan ARTICLE 5 RELATIONSHIP OF PLANNED DEVELOPivIENT AGREEMENT TO SUBJECT PROPERTY 5.1 RELATIONSHIP OF PLANINED DEVELOPMENT AGREEMENT TO SUBJECT PROPERTY This Planned Development Agreement applies to and runs with Inc Subject Property, This Plamred Development Agreement does not apply to real property outside of the Subject Property. 5.2 CHANGE OF ORDINANCES The Council finds that the Dean Lakes PUD Project is a staged and planned development within the meaning of Minn. Stat. § 462.358, subd. 3(c), and that the Developer has and will act, and expend substantial funds in acquisition of the Subject Property and undertaking substantial physical activity, in reasonable reliance upon the Resolutions, the Preliminary Plat, the conditional use permit and this Planned Development Agreement. The Council further finds that the actions of the Developer described in Article I hereof, particularly Nos. 5 and 6, are of substantial and enduring benefit to the quality of life and open space needs of the residents of the City. Accordingly, and pursuant to Minn. Stat. g 462.358, subd. 3(c), the City agrees that if the following conditions are being met; (a) Developer is not in material Default (and the time to cure has expired) under this Planned Development Agreement; (b) Developer has a fee title interest in the Development Site; Any changes to the City's Comprehensive Plan or Official Controls from and after the Effective Date of this Planned Development Agreement will not, without the consent of the Developer for any particular Development Site or for the entire Dean Lakes PUD Project, apply to that Development Site or the entire Dean Lakes PUD Project except to the extent required by state, county, or federal law, regulation or order, or by order or judo neat of a court with jurisdiction over the matter. The City and the Developer agree, however, that after an occupancy permit has 2as4442.7 DeG mher 12, 2003 Gal been issued for a building located on a lot within a Development Site, then the City, if it determines that such action is necessary to protect the health, safety, or welfare, may amend its Official Controls as to such built -out lot. Notwithstanding the restrictions above- stated, the Developer may request a modification to the PUD Controls for a specific Development Site within the Dean Lakes PUD Project and the City may in its discretion grant the modification. ARTICLE.6 STREETS AND PUBLIC IMPROVEMENTS CONSTRUCTION 6A LOCATION AND CREATION OF STREETS The Conceptual Street and Access Plan referenced in Exhibit B shows the streets within the Subject Properly that will serve the Dean Lakes PUD Project. Except for selected roads and drives within the R -2 area, all such streets shall be public streets. 6,2 PLAN'S Public street Iayout, right -of -way and pavement widths shall conforin to those shown on the Dean Lakes Project Master Development Plan unless otherwise requested by the Developer and approved by the City Engineer. 6.3 GRADING STREETS The Developer shall initially grade streets, boulevards, and driveways within the Subject Property to City approved grades and cross - sections in accordance with the Developer's Agreement for the Subject Property and /or a Development Site. 6,4 CONSTRUCTION AND FINANCIAL RESPONSIBILITY Unless installed and assessed by the City pursuant to Minnesota Statutes, Chapter 429, pursuant to petition by the Developer, the Developer shall, at its expense, commence and complete construction of the streets, sanitary sewer, and water within the Development Sites in the manner and as required by the City's standard Developer's Agreement, The City and Developer shall cooperate to expeditiously implement Chapter 429 procedures as to public improvements petitioned for by the Developer. As to improvements installed by the City, when an occupancy permit is issued for any Development Site the Developer may continue to make periodic payments of special assessments and shall not be obligated to pay the full balance for special assessments on any Development Site at the time that an occupancy permit is issued for that Site, and the City shall release the wiginal letter of credit for such special assessments if the City Administrator determines that the substitute letter of credit is acceptable. This provision with respect to periodic payments of special assessments and letter of credit shall also apply to special assessments previously levied for prior improvements to Highways 83 and 16. ARTICLE 7 SANITARY SEWER AND WATER 7.1 INSTALLATION OF UTILITIES WITHIN THE DEVELOPMENT SITE The Subj ect Property and all Development Sites shall be served by public sewer and water systems. 2884442.7 December 12, 2003 G 12- T2 STANDARDS The sewer and water trunk and lateral and service utilities shall be installed within each Development Site according to the standards in the Subdivision Ordinance and the Developer's Agreement, subject to review and approval of design and construction by the City Engineer. ARTICLE 8 STORM WATER MANAGEMENT 8.1 DESIGN AND TIMING The stoma water management improvoments for the Subject Property and each Development Site shall be designed and constructed as required by Exhibit B and the Developer's Agreement for each Development Site. 8.2 RESPONSIBILITY FOR CONSTRUCTION AND COSTS The Developer at its sole expense is responsible for construction of the storm water management improvements, Design and construction shall be reviewed and approved by the City Engineer. Except for Development Site Outlet J, because the storm water management improvements are of such a nature and extent that Dean Lakes will not utilize the capacity of the City's regional stoma water ponds, the Developer shall not be responsible for the payment of any water storage and treatment charge for pending. 83 MAINTENANCE After completion of construction and final inspection by the City Engineer, the storm water management system shall be maintained by the Developer or its assignee. The City shall have the right to approve any assignee pursuant to this Section 9.3, but such approval shall not be unreasonably withheld. ARTICLE 9 GRADING - DRADIAGE 9.1 DESIGN AND TIMING The grading improvements for each Development Site shall be designed and constructed to the extent required by the Developer's Agreement for the Development Site. Upon receipt of authorization by City Engineer, the Developer may commence mass grading of the Subject Property pursuant to Exhibit B, the Resolutions, and the Preliminary Plat. 9.2 RESPONSIBILITY FOR CONSTRUCTION The Developer shall construct the grading improvements. Design and construction shall be reviewed and approved by the City Engineer. ARTICLE 10 WETLANDS 10.1 WETLANDS Development on the Subject Property shall conform with the Wetland Act and any City, state or federal wetland fill permits, which have been issued at the 2884442.7 December 12, 2003 G 13 time of Development of a Development Site. No wetland fill permits are granted pursuant to this Planned Development Agreement. 10.2 TIMING The improvements, mitigation, replacement and construction relating to wetlands for each Development Site shall be completed by the dates established in the peveloper's Agreement and the wetland fill permits. 10.3 RESPONSIBILITY FOR CONSTRUCTION The Developer is responsible, at its own expense, for the fill and replacement of any wetlands within each Development Site, when fill permits have been issued for such activity. . 10.4 COMPLIANCE WITH WETLANDS PERMITS The Developer shall be responsible for the conditions imposed on it pursuant to the wetland fill permits. ARTICLE 11 PARK DEDICATION 11.1 PARK DEDICATION - CONTRIBUTION REQUIREMENT The parties agree that all park dedication reauirements for the Dean Lakes PUD Project and its Development Sites, shall be and are satisfied by the Developer as required by Resolution No. 5986, approving the PUD forth c Subject Property, 11.2 MANNER OF CREATION The creation of NOSCA arid trails within it shall be in the form of execution, delivery, and recording of the Conservation Easement, the Trail Easement, the Declaration, and this planned Development Agreement and shall occur upon recording of the Final Plat for the first Development Site, except that the Trail Easement cannot be executed and deliverzd until after an as -built survey is completed. 11.3 DESIGN AND RESTORATION OF NOSCA The Developer shall rough grade, seed, burn, grub, and plant as and to the extent necessary and advisable to restore natural conditions and minimize erosion for NOSCA pursuant to the Restoration Plan. The City Engineer shall first review and approve the proposed grading plan. 11.4 NOSCA IMPROVEMENTS. MAINTENANCE AND OPERATION. Improvement, operation, and maintenance of NOSCA in compliance with the Restoration Plan shall be, the responsibility of the Dean Lakes Association created pursuant to the Declaration. 11.5 NOSCA NOSCA shall consist of the Natural Open Space Areas, Shoreline Conservation Areas and the Wetland Areas so depicted on the Dean Lakes Project Master Development Plan, NOSCA consists of approximately 84 acres. NOSCA is or will be subject to the terms of the Conservation Easement, the Trail Easement, the Declaration, and this Agreement. Access to NOSCA will be subject to the rules and regulations of the Dean Lakes Association as owner of NOSCA, except that members of the public will have the right to use NOSCA in a manner similar to and in compliance with City policies and ordinances applicable to City Parks. With respect to use of NOSCA, the rules and regulations of the Dean's Lake Association shall be consistent with such City policies and ordinances, 2884442.7 December 12, 2003 I ARTICLE 12 TRAILS 12.1 TRAIL PLAN Trails as depicted on the Dean Lakes Project Master Development Plan shall be opened by the Developer within sixty (60) days (seasonal and weather conditions permitting) of completion of their construction. The Developer or the Association may close trails for reasons of safety during Development. 12.2 RESPONSIBILITY FOR CONSTRUCTION The Developer is responsible, at its expense, for construction costs of all the trails as shown on the Trail Plan as approved by the City Engineer. 12.3 RESPONSIBILITY FOR MAINTENANCE Dean Lakes Association shall maintain the trails after completion of their construction by the Developer in accordance with City standards. for trails in natural open space areas. Bituminous trails must be plowed. ARTICLE 13 OTHER PEPMITS 13.1. PERMITS The Developer shall be responsible for obtaining all necessary approvals, permits and licenses from the City and the other regulatory entities and agencies with jurisdiction over Development of the Development Sites within tine Subject Property, Major design requirements of any such agency or entity shall be. determined prior to construction and incorporated into the Final Plat. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any entity or 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. ARTICLE 14 DEVELOPMENT SITE IMPROVEMENTS 14.1 APPROVAL OF CONTRACTORS AND ENGINEER Any contractor or engineer preparing plans and specifications selected by the Developer to design, construct or install any public Development Site Improvements must first be approved in writing by the City Engineer. 14,2 INSPECTION The City Engineer or its designated representative, shall periodically inspect the Development Site Improvements wont installed by the Developer, its contractors, subcontractors or agents, 14.3 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS The Developer shall fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of the Development Site Improvements, and shall provide financial security to assure the same to the extent required by the Developer's Agreements. 2984442.7 December 12, 2003 10 ARTICLE 15 RESPONSIBILITY FOR COSTS 15.1 DEVELOPMENT SITE IMPROVEMENT COSTS The Developer shall pay for the Development Site Improvements; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the City shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the contract or subcontract. 15.2 COSTS The Developer shall pay the City for reasonable, necessary and lawful costs incurred by it in conjunction with the Dean Lakes PUD Project including without limitation costs relating to the preparation and administration of this Planned Development Agreement and the Developer's Agreement, including reasonable planning, inspection, engineering, and attorneys' fees. 15.3 THE OF PAYMENT The Developer shall pay all bills from the City for which Developer is responsible within thirty (30) days after billing. The bills shall itemize the person doing the work, the services rendered, the date rendered, the time involved and the applicable charge rate for the services. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (9 %) per year. ARTICLE 16 INDEMNIFICATION OF CITY 16.1 INDEMNIFICATION OF CITY Subject to Section 16.4, the Developer shall and does hereby agree to 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, 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 any of the following; (a) Failure by the Developer to observe or perform any material covenant, condition, obligation or agreement on the Developer's part, either jointly or severally, to be observed or performed under this Planned Development Agreement and its Exhibits; (b) Failure by the Developer to pay contractors, subcontractors, laborers, or materialmen; (c) Failure by the Developer to pay for materials; (d) Approval by the City of the AUAR, the Dean Lakes Project Master Development PIan, and other PUD Controls; (e) Approval by the City of any Final Plat; 28844.42.7 December 12, 2003 II u j � (f) Failure by the Developer to obtain the necessary permits and authorizations to construct the Development Site Improvements; (g) The Developer's construction of any Development Site Improvements; and (h) All costs and liabilities arising because building permits were issued to the Developer prior to the completion and acceptance of the Development Site Improvements or because there. were delays in completion of the Development Site Improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. 16,2 NOTICE Within a reasonable period of time after the City's receipt of actual notice of any claim giving rise to a right of payment against the City pursuant to Section 16.1, the City shall give Formal Notice of any claim in reasonable detail to the Developer, The Developer shall not be obligated to make any payment to the City for any such claim until the passage of ninety (90) days from the date of its receipt of Formal Notice from the City, during which time the Developer shall have the right to cure or remedy the event leading to such claim, However, the cure or remedy of such claim shall not relieve the Developer from the obligation to indemnify the City for such claim, 16.3 DEFENSE OF CLAIM With respect to claims or demands asserted against. the City by a third party of the nature covered by Sections 16.1 and 16.2 above, and provided that the City gives Formal Notice thereof, the Developer will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the City; the Developer will pay all costs and expenses including attorneys' fees incurred in so defending against such claims, provided that the City shall at all times also have the right to fully participate in the defense. If the Developer fails to defend, the City shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the Developer. All attorneys' fees incurred by the City related to such defense, including fees of the City Attorney whether directly defending or monitoring such defense, shall be paid for by the Developer. 16.4 LIMITATION Sections 16.1 through 16,3 shall not apply to costs incurred or suffered by the City which relate to, result from, or are caused by the City's negligence or violation of applicable Iaw. ARTICLE 17 CITY REMEDIES UPON DEFAULT 17.1 CITY REMEDIES Except as set forth in Section 17.5, if a Default occurs that is not caused by Force Majeure, the City shall give the Developer Formal Notice of the Default and the Developer shall have thirty (30) working days to appear before the Council to discuss the Default. If the Developer, after Formal Notice to it by the City, does not cure the Default within ?004442.7 December 12, 2003 12 C` I I thirty (30) working days after the Council appearance, then the City may avail itself of the following cumulative, non - exclusive remedies. (a) the City may specifically enforce this Planned Development Agreement; (b) the City may suspend any work, improvement or obligation to be performed by the City with respect to Development Sites directly affected by the Default; (c) the City may collect on any bond, irrevocable letter of credit or cash deposit or other security applicable to Development Sites affected by the Default to the.extent necessary to cure the Default; (d) the City may deny building and occupancy permits for buildings on the Development Sites directly affected by the Default; (e) the City may deny or withhold Final Plat approval to the extent that the Default relates to the Final Plat then pending before the City; (f) the City may, at its sole option, perform the work or improvements to be performed by the Developer, in which case the Developer shall within thirty (30) days after written billing by the City reimburse the City for any costs and expenses incurred by the City. hi the alternative, the City may in whole or in part, specially assess any of the costs and expenses incurred by the City against any or all of the Subject Property then owned by the Developer; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom and directly attributable thereto, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit. 17.2 PLANNED DEVELOPMENT AGREEMENT TERMINATION DEFAULT The following two (2) Defaults, and no others, by the Developer which have not been remedied within six (6) months after Formal Notice of Default shall permit the City to terminate this Planned Development Agreement and repeal the PUD Ordinance after following the procedures set forth in Section 18.1 above: 1) Failure by the Developer to deliver evidence of title in a manner reasonably satisfactory to the City Attorney within one hundred twenty (120) days of the final plat approval: 2) Failure by the Developer to record the Final Plat for the Subject Property, the Conservation Easement, the Declaration, and this Planned Development Agreement within one hundred eighty (180) days of the date of final plat approval. 2884442.7 December 12, 2003 13 C is The above - stated Defaults are the only Defaults for which the remedies of this Section 17.2 are available to the. City. 173 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER If any agreement contained in this Planned Development Agreement is breached by the Developer and thereafter waived in writing by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breaches hereunder, 17.4 NO REMEDY EXCLUSIVE Subject to Section 17.2, no remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Planned Development Agreement or now or hereafter existing at law or in equity or by statute, No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expediont. In order to entitle the City to exercise any remedy reserved to the City, it shall not be necessary to give notice, other than the Fomud Notice. 17.5 EMERGENCY If Developer's Default creates an imminent threat to life, safety, or health of residents of the City, the City, without affirmative duty to do so, may proceed immediately to cure the Default and thereafter proceed pursuant to the provisions of Section 18.1. ARTICLE 18 MISCELLANEOUS 18.1 NO THIRD PARTY RECOURSE OR RIGHTS. Third parties shall have no recourse or rights under this PIanned Development Agreement against the City or the Developer. This Plarmed Development Agreement may be, enforced solely by the Developer and the City. 182 VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase of this Planned Development Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Planned Development Agreement. 18.3 _R ECORDING . This Planned Development Agreement or a memorandum summary hereof shall be registered with the Scott County Recorder and the Developer shall provide and execute any and all documents necessary to implement the registration, 18.4 BINDING AGREEMENT The parties mutually recognize and agree that all torn - is and conditions of this Planned Development Agreement shall run with the Subject Property, and shall be. binding upon the successors and assigns of the Developer and the City. 18.5 DURATION OF DEVELOPER'S OBLIGATIONS The Developer's obligations hereunder for the Dean Lakes PUD Project shall continue in full force and effect until completion of Essential Improvements ou the last Development Site. However, upon completion 2884442.7 December 12,203 14 G�q of its obligations pursuant to a Developer's for a Development Site, the Developer shall be relieved of its obligations hereunder for that Development Site. 18.6 AMENDMENT AND WAIVER With respect to the Development Sites, the City and the Developer for each Development Site hereto may by mutual written agreement amend this Plarmtd Development Agreement in any respect for that Development Site. Either party may extend the time for the performance of any of the obligations of the other, waive any inaccuracies in representations by another contained in this Planned Development Agreement which inaccuracies would otherwise constitute a breach of this Planned Development Agreement, waive compliance by another with any of the covenants contained in this Planned Development Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the other party of any of its obligations under this Planned Development Agreement, The consents of the owners of the land within the Development Site or any other Development Site are not required to modify this Planned Development Agreement and the Developer's Agreement for the Development Site being modified, unless the Developer has granted in writing to such owners the right to consent to such modification. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Planned Development Agreement shall be, deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. (a) All amendments to this Agreement require a simple majority vote of all members of the Council. (b) The Council shall have sole discretion to determine whether a public hearing is required for any amendment. 18.7 GOVERNING LAW This Planned Development Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 18.8 COUNTERPARTS This Planned Development Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 18.9 HEADINGS The subject headings of the paragraphs and subparagraphs of this Planned Development Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 18.10 ACCESS In addition to rights that exist as a matter of law, the Developer hereby grants to the City, its agents,, employees, officers, and contractors an irrevocable license to enter the Subject Property to perform all inspections deemed appropriate by the City relating to the installation or proposed installation and maintenance of any improvements by the Developer, 18.11 CERTIFICATE OF COMPLIANCE If requested by the Developer or a property owner of the Subject Property or portion thereof after Development thereof, a Certificate of Compliance which indicates that the Developer's obligations with respect to the property in 2884442.7 D,mmber 12, 2003 15 question have been fulfilled as required by this Planed Development Agreement shall be issued by the City Clerk or such other person as has been designated by the City Council upon verification of fulfillment and upon payment of such fee as may be established and reimbursement for costs incurred by the City. 18.12 DEFINITIONS Certain temps used in this Planned Development Agreement are defined as follows: (a) City. "City" means the City of Shakopee, a Minnesota municipal corporation. (b) Conservation Easement "Conservation Easement" means those certain easements over NOSCA, which the Developer intends to convey to the City, the form of which shall be approved by the City Attorney. (c) Consistent "Consistent" with respect to Development in Development Sites means that the use is the same type and the density is within ten percent (10 %) of the density allocated to a particular Development Site pursuant to Exhibit B -1. (d) Council "Council" means the governing body of the City, (e) County "County" means Scott County, Minnesota. (f) Dean Lakes Project Master Development Plan "Dean Lakes Project Master Development Plan" means development consistent with the plans listed on Exhibit B. (g) Declaration "Declaration" means a Declaration or similarly titled document, which addresses, among others, the creation of the Natural Open Space Conservation Area (NOSCA), the form of which shall be approved by the City Attorney. (h) Default "Default" means and includes, jointly and severally, any of the following or any combination thereof: (i) failure by the Developer to pay the City any money, including without limitation special assessments or City invoices, to the extent required to be paid under this Planned Development Agreement; (ii) failure by the Developer to construct the Development Site Improvements for each Development Site according to the Developer's Agreement for the Development Site; 2osaaa2.7 December 12, 2003 16 (iii) failure by the Developer to observe or perform any material covenant, condition, obligation or agreement on its part, either jointly or severally, to be observed or performed under this Planned Development Ae cement and all Exhibits and the Developer's Agreement for the Development Site; and (iv) failure by the Developer to develop the Subject Property according to the PUD Controls. (i) Developer "Developer" means Ryan Companies.US, Inc., a Mimiesota corporation and the assigns and successors thereof. Developer also means any person or entity, except the City, that undertakes Development of the Subject Property or any Development Site thereof. O Developer Improvements "Developer. Improvements" means those improvements, which Developer is obliged to construct pursuant to a Developer's Agreement for a Development Site or this Planned Development Agreement. (k) Developed or Development "Developed" or "Development" means non - passive use of the Subject Property and any construction on or improvement of the Subject Property by the Developer. "Developed" or Development includes, but is not limited to, grading, construction of buildings or structures and installation of Developer Improvements or public improvements, "Developed" or Development also includes material alteration of the Subject Property. (1) Developer's Agreement "Developer's Agreement" means a standard form of contract between the City and the Developer for each Development Site, which contract specifies the detailed Development requirements for that Development Site, identifies the responsibilities for installation of streets and utilities and "provides financial assurances for completion by Developer of the Developer Improvements and the streets and utilities on or abutting the Development Site which may be, modified to the extent approved by the City Attorney. (in) Development Sites "Development Sites" means those certain areas, or portions thereof, of the Subject Property depicted as Blocks I through 4 and Outlots A, B, C, H, I. and J, for Development on the Preliminary Plat. The Development Sites are deemed to be components of a "planned and staged development" within the meaning of Mimi. Stat. § 462.358, sub d. 3(c), (n) Development Site Improvements "Development Site Improvements" are those street and utility improvements required to be installed by the 2884442.7 December 12, 2003 17 G JJ Developer or installed by the City adjacent to a particular Development Site of the Dean Lakes PUD Project, (o) Dean Lakes Proiect Master Development Plan "Dean Lakes Project Master Development Plan" means all those plans, drawings, and surveys identified on the attached Exhibit B -1 through B -9, and hereby incorporated by reference and made a part of and including this Planned Development Agreement. (p) Dean Lakes PUD Project "Dean Lakes PUD Project" means the Development of the Subject Property in accord with the PUD Controls. (q) Essential Improvements "Essential Improvements" means those elements of essential urban infrastructure necessary for a Development Site, whether installed by the Developer or City, over which the City, the Developer or Dean Lakes Association (or substitute authorized association) ultimately accepts ownership, operation, and maintenance responsibility, including without limitation, streets, sanitary sewer, storm sewer, water lines, sidewalks, trails, boulevards, and NOS CA, (r) Final Plat "Final Plat" means the final plat, the Developer's Agreement, and detailed plans and drawings approved by the City pursuant to the Zoning Ordinance and the Subdivision Ordinance for each Development Site. (s) Force Majeure "Force Majeure" rneans acts of God, including, but not limited to, floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area); acts of third parties including units of government, riots, insurrections, war or civil disorder affecting the performance of work; blockades; power or other utility failures; fires or explosions; labor shortages; and shortages of materials. (t) Formal Notice ."Formal Notice" means notices given by one. party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to City: City of Shakopee ATTN :.City Administrator City Flall 129 Holmes Street South Shakopee, MN 55379 -1328 2984442.7 Decemher 12, 2003 12 If to Developer: Ryan Companies US, Inc, ATTN: Kent Carlson 50 South Tenth Street, Suite 300 Minneapolis, MN 55402 or to such other address as the party addressed shall have previously designated by notice given in accord with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be, deemed given if and when actually received by a party. (u) Preliminary Site Plan - Overall "Preliminary Site plan- Overall" means Exhibit B -l. Preliminary Site Plan- Overall also includes any additions or changes thereto requested by the Developer and approved by the Council. (v) Natural Open Space Conservation Areas or NOSCA "Natural Open Space Conservation Areas (NOSCA)" means. approximately 94 acres of the Subject Property, which will remain as or be restored to natural open space and be protected by the terms of the Conservation Easement and the Declaration. (w) Official Controls "Official Controls" means ordinances and regulations which control physical development of the City or any part thereof, or any detail thereof and implement the general objectives of the City's Comprehensive Plan. Official Controls may include . ordinances establishing zoning, shoreland zoning, subdivision controls, building codes the adoption of which are in the discretion of the City, site plan regulations, and official maps. (x) Conservation Area Overlay "Conservation Area Overlay" means Exhibit B -6. Conservation Area Overlay includes any changes thereto approved by the Developer and the City. ( Permitted Encumbrances "Permitted Encumbrances" means easements that do not iuterfere with the intended use or Development of the Subject Property. (z) Phase Plan "Phase Plan" means the phases depicted on Exhibit B -1. Phase Plan also includes any additions or changes thereto requested by the Developer and approved by the Council. (as) Planned Development Agreement "Planned Development Agreement" means this Planned Unit Development Agreement between the City and Developer, and all Exhibits attached to or referenced herein. 2884442.7 December t2,2003 19 G2t (bb) . Preliminary PI at . "Preliminary Plat" means that Preliminary Plat of the Subject Property required by the Subdivision Ordnance and approved by the City on December 9, 2003, pursuant to Resolution No. 5987. (cc) PUD Controls "PUD Controls" means and includes, jointly and severally, the following: (i) This Planned Development Agreement including without limitation all Exhibits attached to or referenced herein. (ii) PUD Ordinance. (iii) Dean Lakes Project Master Development Plan. (iv) Preliminary Plat. (v) Subdivision Ordinance. (vi) Zoning Ordinance. (dd) PUD Ordinance "PUD. Ordinance" means Section 11.50 of the Zoning Ordinance of the. City of Shakopee and the action of the Council authorizing a Planned Unit Development District for the Subject Property pursuant thereto and pursuant to Section 11.54, the Shoreland Overlay Zone, which ordinance sets forth the performance standards flexibility and other zoning devices relating to the Subject Property permitted pursuant to this Planned Development Agreement. (cc) Restoration Plan "Restoration Plan" means the Ecological Restoration and Management Plan for Dean Lakes , dated November, 2003, prepared by Applied Ecological Services. (ff) Resolutions "Resolutions" means Resolution Nos. 5986, 5987, and 5988, adopted by the City Council on December 9, 2003, granting all City discretionary approvals for the Dean Lakes PUD Project. (gg) Shoreland Ordinance "Shoreland Ordinance" means Section 11.54 of the Shakopee Zoning Ordinance. (hh) Street and Access Plan "Street and Access Plan" means the streets depicted on Exhibits B -1 and B -3, and any changes thereto requested by the Developer and approved by the Council (ii) Subdivision Ordinance "Subdivision Ordinance" means Chapter 12 of the Shakopee Code of Ordinances. 2884442.7 Deeember 12, 2003 7_0 ■ 0j) Subject Pron , "Subject Property" means the recorded plat of Dean LaYes, Scott County, Minnesota. (kk) Trail Easement "Trail Easement' means that certain trail easement which the Developer intends to convey to the City as depicted on the Dean Lakes Project Master Development Plan, the form of which shall be approved by the City Attorney. (11) Trail Plan "Trail Plan" means the trails depicted on the Dean Lakes Project Master Development Plan, and any . changes approved by the Developer and the Council. (mm) Utility Companies "Utility Companies" means and includes, jointly and severally, the following: (i) utility companies, including electric, gas, telephone and cable television; (ii) pipeline companies. (nn) Variations "Variations" means the variations to otherwise - applicable City ordinance requirements, which have been approved for the Dean Lakes PUD Project by the City on December 9, 2003, pursuant to the Resolutions. (oo) Wetland Act "Wetland Act' means all local, state, County, City, and federal laws and regulations relating to water and wetlands, including, but not limited to, Section 404 of the Clean Water Act (33 U.S.C. 1344), Minnesota Statutes, Chapters 103A through 103G, and all regulations promulgated pursuant thereto. Wetland Act also includes all additions, modifications and regulations subsequent to that version of the Wetland Act, which exists on the Effective Date. (pp) Zo ning_ Ordinance "Zoning Ordinance" means Chapter 11 of the Shakopee Code of Ordinances. 2884442.7 December 12, 2003 21 CJ IN WITNESS WHEREOF, the parties have executed this Planned Development Agreement. CITY OF SHAKOPEE DEVELOPER: RYAN COMPANIES US, INC. (DATE: al J ) (DATE: By: William P. Mars, Mayor (� p Its: President By: � 1/ t/ "��t -r-C Mark McNeill, City Administrator By: r Jud ft� Cox, City Cerk (DAT AR a, 0 ) Approved as to Form and City Council Authorization City Attorney STATE OF MINNESOTA ) COUNTY OF SCOTT ) On this q� day of , 2003, before me a N tary Publio within and for said County, personally appeared W �. r n t�` 'X"0_ - , to me personally known, who being each by me duly sworn, each did say thal they are respectively the Mayor, City Administrator, and Clerk of the City of Shakopee, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf or said municipality by authority of its City Council and said Mayor, City Administrator, and Clerk acknowledged said instrument to be the free act and deed of said municipality. /... of . Public r - TONI HUIEti 4 NOTARY PUBLIC— MINNESOTA My oommission Expires 1-31-2005 0 2884442.7 Deeemher 12, 2003 22 G2, STATE OF MINNESOTA ) } ss. COUNTS' OF HENNEPIN ) On this day d \ ° Gwen 2003, before m a Notary Public within and for said County, personally appeared �c� �S�(✓, to me personally (mown, who by me duly sworn, did say that he is thdPi`dillctrof Ryan Companies US, (`� �,� ✓ named in the zoreg np�i{sstrument, and that said instrument was signed and sea )pd in behalf of said li�'e «y yg �y� ys nom.' f r e n es and said �C°n M C, �'d'// did acknowledge said instrument to be the free act and -, af the 0 Notary This Instrument was drafted by; FREDRIKSON & BYRON, P.A. (DCS) 4000 Pillsbury Center 200 South Sixth Street Mirmeapolis, MN 55402 2884442.7 December 12, 2003 l V "' ' JUDY A. H N ERMANSO !� Notary Public- Minnasota �" My Cammlesbn Expires Jan 37, 2oa5 a "f 23 ■ EIBaT A- Leal Description Rea Lakes Parcel 1: The Southeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 27854. Parcel 2: Lot A, REGISTEPED LAND SURVEY NO. 6, Scot County, Minnesota, EXCEPT Parcel 74, Minnesota Department of Transportation. Right of Way Plat No. 70 -11 as the same are on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No, 27850. Parcel 3: The Northeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota; EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -12 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota, Being registored Iand as is evidenced by Certificate of Title No. 27853, Parcel 4: The Southwest Quarter of the Southeast Quart er (SWI /4 of SE1 /4) of Section 9, Township 115, Range 22, Scott County, Minnesota, EXCEPT THE FOLLOWING: Commencing at a point 32 rods North of the Southwest corner of the Southeast Quarter, thence running East 13 rods, thence North 10 rods, thence in a Northwesterly direction about 13,70 rods to a point 46 rods North of said Southwest comer of the Southeast Quarter, thence South 14 rods to the place of beginning; EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -11 on file and of record in the Offree of the Rcgistrar of Titles in and for Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 27854. Parcel 5: Governnment Lots 1 and 2, and the West 601,13 feet of Government Lot 3, Section 10, Township 115, Range 22, Scott County, Ivlirmesota, including the accretions and relictions thereto, EXCEPT that part of Government Lots 1 and 2 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -12 and that part of Government Lot 3 shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70 -13, all in Section 10, Township 115, Range 22 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No, 31775. Parcel 6: That part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 32 rods North of the Southwest comer of the Southeast Quarter; thane running East 13 Rods; thence North 10 Rods; thence in a Northwesterly direction about 13.7 Rods to a point 46 Rods North of said Southwest corner of the Southeast Quarter; thence South 14 Rods to the place of beginning. Abstract Property Parcel 7: Tract B, REGISTERED LAND SURVEY NO, 172, files of the Registrar of Titles, Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 32371. EXHIBIT B DEAN LAKES PROJECT MASTER DEVELOPMENT PLAN NO. EXHIBIT NAME DATE PREPARED BY 1. Development Use and Density - Overall 12/3/03 RLK — Kuusisto, Ltd. 2, Preliminary Grading and Drainage Plan - Overall 9/25/03 RLK— Kuusisto, Ltd. Preliminary Erosion Control Plan — Overall 9/25/03 RLK— Kuusisto, Ltd. 3. Preliminary Utility Plan - Overall 9/25/03 RLK — Kuusisto, Ltd. 4. Preliminary Landscape Plan - Overall 9/25/03 RLK — Kuusisto, Ltd. 5. Preliminary Tree Preservation Plan — Overall 9/25/03 RLK — Kuusisto, Ltd, 6. Dean Lakes Conservation Easement Exhibit 12/3/03 RLK — Kuusisto, Ltd, 7. Preliminary Plat 12/1/03 Westwood Professional Services, Inc. 8. Impacted/Wet Land Restoration Areas 12/5/03 RLK— Kuusisto, Ltd. 9. Submittal for City Council Review 12/9/03 RLIC— Kuusisto, Ltd. The above - listed plans are not attached, but are located in the files of the City of Shakopee. H 2684442.3.7 December 12. NO AREA SUMMARY oi u C, saa n aEs tout rno umx�eoon 5 END P EENI� SI- IAKOPPP, RRNNLSOTA CROP A EROSION PL%N REST ,rot:�,lo�xxl:rolt. N SCALE IN iEEi c lan m RYAN OuIL�IN6 URINL PEV.TI�XSHIVS ES EON Alin .AtNSHOtSO` noltn ie DEAN KES AREA SUMMARY oi u C, saa n aEs tout rno umx�eoon 5 END P EENI� SI- IAKOPPP, RRNNLSOTA CROP A EROSION PL%N REST ,rot:�,lo�xxl:rolt. N SCALE IN iEEi c lan m I ----- --------------- RYANO . . . . . ......... . - --------- - - ------ . . ........ -- ----- - ......... ------- - -- - ------------- ---- ---- . . .... . .... ..... . . ... . ........ ...... ... . . ............ .... ...... .... .. ..... - ----- ----------------- . . .... 4 ---------- ---------- DE -ACRICUL7UR 39.� ACRES 3F .mm ! SIiAICOPGG -- - - - - - - - - - SR �77 - W - --- - - - - - - - - CROP b EROSION . . . . . . . . . . . PLUN - rlRIST 11 y ------ - - - - - - - - - -- WARNING I 1 11 IIIL c oo -11IRI '0' . .. I-O.RO na, 11 III"Ol"Ol .... —OLIO OTHEI I.Il z� — ----- — ----- -- U t ER AREA SUMMARY ..... ... .. ",I, 11-111E. cc o. aM1m cZ 1 10 Ova, , ; `z ---------------- _R �GEND tMV', IO"IR, 1ro1. `: 1 \t iN ; x ly r I \ � `�� \� \` � IIIn.c xmunau O 0,10, .11 .'T MrxAAt. 12 ...... I. — C2 4 \V'VTO /. R`i'.IVCO \ -in,V t ITE.S.COM October 13, 2010 Ms. Julie Klirma Planner City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RYAN CO \dPANIES US, INC. 50 South Tenth Street, Suire 300 Minneapolis, MN 55403 2012 612 -492 -4000 te! 612 -492 -3000 fax RE: DEAN LAKES PUD AMENDMENT APPLICATION Dear Julie: BUILDING LASTING RELATIONSHIPS Thanks for the feedback you provided in your letter dated September 21, 2010 regarding the Dean Lakes PUD .Amendment Application. As mentioned previously Ryan views this agricultural use as short term and is 100% committed to finding industrial and office users for the 84 acres of vacant business park land. While we continue to do so, we ate asking the city for a temporary use of this vacant land for agricultural purposes, specifically plantnghye glass or soybeans. 84 acres is a substantial amount of land to carry in this economy. Using the vacant land for agricultural purposes enables us to generate some revenue to help offset the large carrying costs while keeping the park very well maintained. This relief will help keep our land costs low which is imperative as we compete with other land sites for future build-to -suit prospects. Dean Lakes will still be marketed for sale of lease. A termination agreement will be in place so we could start construction on a new building immediately when a new user is found. We realize one concern with this use is the perceived disturbance to the residents that live within the business park. Ryan does not wish to disturb the residents and businesses, nor jeopardize any leasing /sale activity at Dean Lakes. Residents and businesses should not be negatively affected by noise, equipment use, dust or any other components that comes with this agricultural use. In fact the noise generated by the equipment will be less then the daily velh cle traffic on Highway 169. The farming equipment will used on a limited basis and will only be on site for a total of 7 -10 days. ALL HOURS OF OPERATION CAN BE DEPICTED BY THE CITY. Dale Kaufman from Outdoor Visions Enterprises, Inc. would be the individual helping Ryan coordinate the agricultural use. Ryan is working with Outdoor Visions on another land site in Maple Grove. Ryan currently has an option agreement for 38 acres in Maple Grove, MN with Bremer Bank. Bremer has contracted AZLIC EN1ERO 1I9SBI3CLASS8 .011OM.BOC212330CLASSB.0I RES., CALICENSE842481, FLLICENSECGCISGII51 ,CGCI5114]3,CGCI50.11,CNICAG1 HE LICENSE GCB6631/ OR LICENSE 161162, VIA LICENSE RTANN1966KIC 0 RYAN 9111tOING�LASTiNG PELATIOHS41pS October 13, 2010 Page 2 with Outdoor Visions to farm the 38 acres (photo attached). A few other sites that Outdoor Visions is farming: City Land Owner Acreage Neighboring land use Inver Grove Heights Astrid 22 Residential Corcoran Park Place Storage 20 Residential Brooklyn Park TCF Bank 38 Retail Brooklyn Park Liberty Diversified 11 Industrial Maple Grove Bremer Bank 38 Industrial The following is a list of the equipment that will be used as well as the amount of time it will be on site: 8640 John Deere 275 rated horsepower (transportation width under 10'1 Used for tilling two days before planting and two days after harvest 6430 Tohn Deer 115 rated horsepower (transuortation width under 10'1 - Photo attached Used for planting and spraying. Two days of planting and one day in late June for spraying. In late June Roundup will be used to control weeds at a rate of one quart per acre rnised with 20 gallons of water. The sprayer is computer controlled using GPS monitoring equipment on the tractor so any variance in ground speed is directly proportionate to chemicals applied. 5410 John Deere 75 rated horsepower (transportation width under 10'1 Used to mow down existing foliage, weeds, etc one tune before tiling FAST Spraver with 60' boom (transportation width under 10') - Photo attached Used approximately' /z day Used to plow two days in 220 Tohn Dee 17' Disk (transvortation width under 10' Used one day in the fall after harvest. 1010 Tohn Deere 21' Field Cultivator (transportation width under 10') Used to in the spring for one day before planting. 7100 Tohn Deere Sovbean planter- 8 row (transportation width under 10'1 Used to plant soybeans for two days in the spring. 4420 _Tohn Deere Combine with 16' Soybean head Used for two days in the fall. BVILOIN6 LASTING U"11ONSHII S October 13, 2010 Page 3 1980 International Semi with 43' lowboy trailer -Photo attached Used to haul equipment to site. The equipment will be hauled to the site with DOT certified trucks. This will cause virtually no dust nor should the actually farming of the land. The ground is wetter in the spring when planting takes place, so dust is not an issue. The same is the case in the fall when equipment will be used for tilling. In the old days before Roundup ready seed, farmers would have to cultivate a couple times during late spring and early summer causing dust, but that step has been eliminated. Ryan will work -with Outdoor Visions to minimize the impacts to the detention ponds and to the lake. As part of the original development Nve have provided ponds to help protect the lake from the development impacts. We are also providing another layer of protection by providing berms and vegetative buffers to help protect the ponds during this time of agricultural use. Our Ryan properties group inspects the site twice a month and will look for any erosion control issues that we may need to address. Soil samples are taken every spring so the exact amount of fertilizer is applied, to minimize leaching beyond the topsoil. We have updated our site plan and included five original copies. The updated site plan includes • A depiction of the location of the shoreland overlay zoning boundary on the subject parcel • A 35 -foot buffer on the easterly portions of Lot 6 (dimensions included) a In the remaining areas we have provided a 15 -foot buffer (dimensions included) We will keep the drainage and utility easements containing public utilities undisturbed Ryan would prefer to provide a solid manhole cover and a 15 -foot buffer in lieu of bulkheading the storm sewer. This should still achieve the same desired results to minimize impacts on the ponds. A one foot earthen berm will be provided immediately surrounding the areas to be harvested in which the ground slopes toward the property border or pond. A few items worth mentioning again: • We will leave the city desired buffer around the perimeter of field and keep it manicured throughout the growing season to prevent any runoff of soil and to improve appearance and leaving a clean and visually pleasing land site to the residents and business park users • Very minimal days in field. In total less than 10 days per year • No storage of equipment on site • No material will be brought on site ® Very mi nimal (if any) dust during farming season. a Always leave crop residual on field after harvest so dirt doesn't blow during the winter © Will only be on site during designated hours favored by city m State of art equipment (e.g. sprayer is controlled by GPS monitoring system for exact application of chemicals). Take soil sample every spring so the apply the exact amount of fertilizer that the crop will absorb (no leaching). The only chemical product that would be used is Roundup Original. The active ingredients are Glyphosate, N- (phosphonomethy) glycine, in the form of potassium salt. R 6GIL�ING LASTING RELATIONSHIPS October 13, 2010 Page 4 Julie, I am hopeful we have answered all of your questions. We view Dean Lakes as a solid partnership between Ryan and the City of Shakopee. Out long term goal is a first class Business Park. We are confident this will be the case in pears to come but are asking for some short term relief in this economy. We will take all the appropriate steps to make sure we are not impacting future development or disturbing the residents or business park users. Should you have any further questions please don't hesitate to call me at 612 -492 -4817. I look forward to working with the city on the nest steps. Sincerely, 1 � } u a Casey Hankinson Director of Development DEAN LAKES PUD AMMENDMENT RYAN /CITY Meeting March 23, 2010 December 7, 2011: Neighborhood meeting at Shakopee Community Center February 16, 2011: Ryan /Outdoor Visions gave a presentation to Savanna Point Board members and residents at the Shakopee Public Library Issue Response Dust Ryan proposes to plant alfalfa instead of soybeans - The main reason we are choosing to do this is the deep - rooted characteristics of alfalfa and its vigorous year -round canopy help protect the soil from becoming airborne and causing dusty conditions, or being washed into streams or lakes as sediment. - The ideal method for planting alfalfa is to plant it in the spring /early summer with a "nursery crop" (wheat, oats, etc.) - After harvesting the nursery crop, the alfalfa will be established and no further tillage is needed. - Alfalfa is a perennial, so once the alfalfa is established the only activity is windrowing (cutting), baling, and removing the bales. - Prior to planting, we would kill the existing growth; plow the field, disk in any fertilizer needed and then plant. Again, the initial stage of preparing the field for the nursery crop is the only tillage needed, and is very limited. - Some other benefits of using alfalfa are documented in a publication called "Alfalfa, Wildlife and The Environment" by Michael Russelle, which I have excerpted below. Michaelis currently a soil scientist at the USDA -ARS in St Paul, MN. Vigorous Canopy A canopy of alfalfa quickly covers the soil, protecting the soil from wind or water erosion. Unlike tow crops, alfalfa covers most parts of the soil, slowing water droplets before they have a chance to loosen and erode the soil. Reduced Runoff The amount of soil or water that runs off alfalfa fields is a small fiaction of the runoff from bare soil or from many other types of cropland. This helps prevent pesticide and sediment movement to natural waterways. Weed Suppression Alfalfa fulfills a very important role in crop rotations by suppressing weeds that are common in annual crops. The dense vigorous alfalfa canopy shades these weeds and frequent cutting prevents weed seed production. This could reduce /eliminate pesticide use. Reduced Cultivation While many crops must be cultivated several times per year to remove weeds, little soil disturbance occurs in alfalfa fields after the crop is established. Most alfalfa fields are never tilled for 6 -12 years after planting. This greatly reduces the chances of wind and water erosion, and lessens the negative effects of dust on human health. Mitigating Contamination Problems Alfalfa has been used to mitigate several environmental problems that are a consequence of our industrial society, including absorbing nitrates from groundwater and mitigating industrial compounds that could contaminate groundwater Round -Up March 3, 2011, I had a conversation with the Minnesota Department of Agriculture pesticide specialist John Sierk pertaining to our use of Roundup and the possible effects to animals and aquatic life in the stormwater ponds. John has been in this position for many years and echoed that Roundup is a very safe pesticide when applied correctly by a permitted individual. Our partner, Outdoor Visions, is permitted and has a safe track record of using Roundup. John stated that there is "incredibly low toxicity to aquatic life or animals with the use of Roundup and one would need extremely high concentrates to have a negative impact on individuals, aquatic life or animals." He mentioned that our proposed application of 15 gallons to 2,000 gallons of water is minim He also went on to say with our one -foot earth berm, buffer areas and stormwater ponds, he felt that Ryan is going beyond what would normally be expected for using Roundup. Detention - As part of the original land improvements, Ryan provided ponds to Ponds /Buffer Areas help protect the lake from the development impacts. - A one -foot earthen berm will be provided immediately surrounding the areas to be harvested in which the ground slopes toward the property border or pond. This is done to help promote infiltration, help filter the sediment, and reduce the runoff from getting to the lake. The stormwater ponds are a layer of protection designed to clean the stortuwater runoff from the parking lots. - A 35 -foot buffer on the easterly portions of the vacant land near the treed area - A 35 -foot buffer along Coneflower Lane (this has been increased from 15 -feet in an earlier plan) - In the remaining areas, we have provided a 15 -foot buffer - The buffer areas will consist of native vegetation to maintain a strong root system to slow water down, thus promoting infiltration and to allow the planting to filter our any sediment. - The three to five feet of vegetation immediately adjacent to the trails and roads will be cut down a few times each year Qune and August). The remaining portion of the buffer area would remain in its natural state. - Ryan has spoken to two different individuals at the Minnesota Pollution Control Agency about our stormwater approach for this agricultural use. Both individuals agreed that what Ryan is proposing is in good practice and they felt it was acceptable to minimiz impacts on the lake. They did not believe there is a need for any other protective measures. - One of the residents mentioned using a silt fence to protect the aquatic animals from the agricultural land. - Ryan proposes a solid manhole cover and a 15 foot buffer in lieu of a bulkhead in order to leave the existing pipe as -is for future use. - Our Ryan Properties team members inspect the site twice a month, and will look for any erosion control issues that we may need to address. - Soil samples are taken every spring so the most appropriate amount of fertilizer is applied, to minimiz leaching beyond the topsoil. - We will not disturb the drainage and utility easements which contain public utilities Noise - The equipment used to implement our proposed agricultural use will generate less noise than the daily vehicle traffic on Highway 169. The farming equipment will be used on a limited basis, and will only be on site for a total of 7 -10 days at a time. - All hours of operation can be decided by the City. Equipment Use - The larger farming equipment will be hauled to the site with DOT certified trucks. This will cause virtually no dust - Very minim days in field. In total less than 10 days per year - No storage of equipment on site Taxation - Ryan has developed a large increase in the general tax base since out development started in 2003. In total the 2010 taxes for the Commercial component of Dean Lakes equal $2,262,208. This does not include the residential housing units. Property Values - This a temporary use and should not have negative implications on the saleable of residential units. F-XH I IT CKV of Shaleopee Memorandum TO. Julie Klima, Planner II FROM: Joe Swentek, Project Engineer � d 6- SUBJECT, PUD Amendment to Allow the Temporary "se of Planting and Harvesting Agricultural Crops (Dean Lakes 5 Addition) PI® NO.: 27- 399003 -0, 27 -40 °0001 -0, 27 -40 °0002 -0, 27- 40°0003 -0, 27- 40 -0, 27 - °0005 - 27 4 0 - 0006 -0, 27- 400007 -0, 27- 40 - 000 - 0-0, 27 -40 - 0009 -0, 27- 405010 -0, 27 -40 - 0011 -0, 27 -40 - 0011 -0 CASE NO.: 1002 DATEp November 24, 2010 The application indicates a request to amend a PUD to allow for the temporary use of planting and harvesting agricultural crops on vacant business park properties in the Dean Lakes 5 Addition. The engineering department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. Since these properties are located adjacent to conservation areas, wetlands and storm sewer systems (including storm water infiltration basins), engineering has concerns regarding the potential for sediment and pollutant runoff to reach these resources resulting in the degradation of public areas and waters. 2. Section IV.B.12 of the City's Comprehensive Water Resources Management Plan states the City will discourage the use of fertilizers and pesticides in shoreland protection zones to minimize pollutant runoff to public waters. A portion of the properties located north of Dean Lakes Boulevard is located within the shoreland overlay zone, which is intended to serve as a protective buffer adjacent to natural resources. Recommendation As there are serious concerns regarding the impact this use could have on The nearby natural resources, the engineering department recommends denial of the PUD amendment request. However, should the City wish to recommend approval, the engineering department suggests staff be directed to develop specific conditions of approval for review at a future meeting. H: \EMPLOYEE FOLDERS \JSwentel< \Staff.Reviews \PUD \Dean Lakes5th farming \Case.Number.10028.PUD.Amend (Dean Lakes Farming) Alt #1.docx EXH B ri Ff i SCOTT COUNTY TAXATION DEPARTMENT l % EMT NTR 4 0 URTH WE (952) GOV 496 -8115 RNEN Fax: CE (952 496-8496 FO www.coscoAVENUE tt.mn.us ST • SHAKOPEE, MN 55379 -1220 Michael Thompson, County Assessor MEMORANDUM Date: 10/16/2010 To: Julie Klima Shakopee City Planner From: Terence Chacka Commercial Appraiser Re: Dean Lakes Business Park (total of 13 parcels) — Tax impact of classification change from commercial to agricultural This memo is in response to Ryan Companies application for PUD amendment that, if approved, would allow the property classification of the Dean Lakes Business Park to change from commercial to agricultural. It should be noted that this development will not be eligible for the agricultural classification until January 2, 2012 (payable 2013). According to the MN Department of Revenue, in order to acquire the agricultural classification for January 2, 2011 (payable 2012) an agricultural product had to be planted, harvested, and sold in 2010. If the application is approved for agricultural use and a crop is planted, harvested, and sold in 2011, the classification will be changed to agricultural for January 2, 2012 (payable 2013). The Shakopee City Planning Department inquired about the impact on real estate taxes if the classification was changed to agricultural. Payable 2010 tax information has been used for comparison purposes. The following table shows the overall tax savings of the classification change. DEAN LAKES BUSINESS PARK - Commerical vs. Ag Classification 2009 EMV Payable Tax Bill Comparison Difference in Tax PID - Pay 2010 Comm Tax Tax Rate Ag Tax Tax Rate $ Total Percent 27- 399 -003 -0 $1,230,600 $38,496 3.13% $12,433 1.01% ($26,063) -67.7% 27- 408 -001 -0 $690,000 $21,074 3.05% $6,971 1.01% ($14,103) -66.9% 27- 408 -002 -0 $510,000 $15,274 2.99% $5,152 1.01% ($10,122) -66.3% 27- 408 -003 -0 $755,000 $23,168 3.07% $7,628 1.01% (S15,541) -67.1% 27- 408 -004 -0 $520,000 $15,596 3.00% $5,253 1.01% ($10,342) -66.3% 27 -408 -005 -0 $960,000 $29,775 3.10% $9,699 1.01% ($20,076) -67.4% 27 -408 -006 -0 $875,000 $27,036 3.09% $8,840 1.01% ($18,196) -67.3% 27- 408 -007 -0 $780,000 $23,974 3.07% $7,880 1.01% ($16,094) -67.1% 27- 408 -008 -0 $795,000 $24,459 3.08% $8,032 1.01% ($16,428) -67.2% 27- 408 -009 -0 $800,000 $24,618 3.08% $8,082 1.01% ($16,536) -67.2% 27- 408 -010 -0 $660,000 $20,108 3.05% $6,668 1.01% ($13,440) -66.8% 27- 408 -011 -0 $1,850,000 $58,456 3.16% $18,690 1.01% ($39,766) -68.0% 27- 408 -012 -0 $700,000 $21.397 3.06% $7,072 1.01% ($14325) -66.9% Total $11,125,600 $343,431 3.09% $112,400 1.01% ($231,031) -67.3% 6- 2-- As shown above, by changing the classification to agricultural there is a significant tax savings of $231,000. The majority of the tax savings comes from the State General Tax and Fiscal Disparities, which the property owner would no longer be required to pay. See the attached documents for explanations of the State General Tax and Fiscal Disparities. A breakdown of both is shown as follows. DEAN LAKES BUSINESS PARK State General Tax & Fiscal Disparities COMMERCIAL CLASS 2009 EMV State Fiscal PID - Pay 2010 General Disparities Total 27- 399 -003 -0 $1,230,600 $10,948 + $11,176 = $22,124 27 -408 -001 -0 $690,000 $5,987 + $6,112 = $12,100 27- 408 -002 -0 $510,000 $4,336 + $4,426 = $8,762 27- 408 -003 -0 $755,000 $6,584 + $6,721 = $13,305 27 -408 -004 -0 $520,000 $4,428 + $4,520 = $8,947 27- 408 -005 -0 $960,000 $8,465 + $8,641 = $17,106 I 27 -408 -006 -0 $875,000 $7,685 + $7,844 = $15,529 27- 408 -007 -0 $780,000 $6,813 + $6,955 = $13,768 27- 408 -008 -0 $795,000 $6,951 + $7,096 = $14,047 27- 408 -009 -0 $800,000 $6,997 + $7,142 = $14,139 27- 408 -010 -0 $660,000 $5,712 + $5,831 = $11,543 27 -408 -011 -0 $1,850,000 $16,632 + $16,978 = $33,610 27 -408 -012 -0 8700,000 $6,079 + $6,206 = $12,285 Total $11,125,600 $97,617 + $99,647 = $197,265 The above funds would have to come from other commercial properties state -wide (state general tax) and the 7- county metro area (fiscal disparities). In regards to the City of Shakopee, the following table shows the difference in real estate taxes that Ryan Companies would pay for the City's portion. In addition, the property owner would not have to pay for non - school voter approved referenda levies. DEAN LAKES BUSINESS PARK - Real Estate Tax for City of Shakopee COMMERCIAL CLASS AG CLASSIFICATION 2009 EMV City of Non - School Total City of Non - School Total Difference in Tax PID - Pay 2010 Shakopee Levies City Shakopee Levies City 5 Total Percent 27- 399 -003 -0 $1,230,600 $4,949 + $68 = $5,017 $4,106 + $0 = $4,106 ($911) -18.2% 27- 408 -001 -0 $690,000 $2,707 + $38 = $2,745 $2,302 + $0 = $2,302 (8443) -16.1% 27- 408 -002 -0 $510,000 $1,960 + $28 = $1,988 $1,702 + $0 = $1,702 ($287) -14.4% 27- 408 -003 -0 $755,000 82,976 + $42 = $3,018 $2,519 + $0 = $2,519 ($499) -16.5% 27- 408 -004 -0 $520,000 $2,001 + $29 = $2,030 $1,735 + $0 = $1,735 ($295) -14.5% 27- 408 -005 -0 $960,000 $3,827 + $53 = $3,880 $3,203 + $0 = 83203 ($677) -17.4% 27- 408 -006 -0 $875,000 $3,474 + $49 = $3,523 $2,920 + $0 = $2,920 ($603) -17.1% 27- 408 -007 -0 $780,000 $3,080 + $43 = $3,123 $2,603 + $0 = $2,603 ($521) -16.7% 27 -408 -008 -0 $795,000 $3,142 + $44 = $3,186 $2,653 + $0 = $2,653 ($534) -16.7% I 27 -408 -009 -0 $800,000 83,163 + 844 = 83,207 82,669 + 80 = 82,669 ($538) -16.8% 27- 408 -010 -0 $660,000 $2,582 + $37 = $2,619 $2,202 + $0 = $2,202 ($417) -15.9% 27- 408 -011 -0 $1,850,000 $7,518 + $103 = $7,621 $6,173 + $0 = $6,173 ($1,448) -19.0% 27- 408 -012 -0 $700.000 $2.748 + $39 = $2.787 82336 + $0 = $2.336 ($451) -16.2% Total $11,125,600 $44,128 + $618 = $44,746 837,122 + $0 = $37,122 ($7,623) -17.0% Classification rate changes and not having to pay for non - school voter approved referenda levies, results in a total tax savings of $7,623 for the property owner. The City would still receive the full amount of $44,746. The tax savings difference of $7,623 would be paid by other property owners in Shakopee. FW181'C [I %X11:8.COM RYAN COMPIiNIES US, INC. 50 South Tenth Street, Suite 300 timneupolls, tAn 55403 -2012 612 - 492 -4000 !el 612 -492 -3000 fax April 21, 2011 Ms. Julic Klima Planner City of Shakopee 129 Hohnes Street South Shakopee, MN 55379 Dear Julie: Tl W W Wa IWWO 0."I1O.SMI5 After the April 7th Planting Commission meeting you communicated to me a few questions that were brought up regarding the Conservation /Open Space area at Dean Lakes. The questions you requested further information about included: What has been done to the Conservgtion /Olen Space area since the PUD was adopted The Dean Lakes Conservation Area is the result of proactive conservation planning and the partnership developed between the City of Shakopee and Ryan Companies US. Around 1999, the City of Shakopee lured Brauer & Associates and Applied Ecological Services, Inc. (AES) to conduct an ecological assessment of the Dean Lakes area. The area was found to contain important natural resources, including Deans Lake (the only natural lake in the City) as well as stands of remnant oak woodlands around the lake. Prior to Ryan's purchase of the Dean Lakes mixed use development site, another developer cut approximately 50 acres of oak woodland, creating an uprising in the community, which led to the creation of a City Environmental Advisory Committee and development of a tree preservation ordinance. Upon Ryan's purchase of the property, the Conservation Area was agreed upon. In 2003, AES was retained to develop a detailed Ecological Restoration and Management Plan (ERMP) for the site's Conservation Area. Since construction activities began in 2004, AES has provided ecological restoration and management services in the site's Conservation Area. During the initial restoration and management phase (2004- 2008), implementation and maintenance activities were conducted in a manner closely following the site- specific Dean Lakes Ecological Restoration and Management Plan (ERMP). Major tasks completed during this time period include: - Wetland mitigation areas were constructed and maintained successfully; - Shoreline screening plantings (designed to help screen the development from Dean Lake) were installed and continue to thrive; - Oak trees were salvaged from construction areas and replanted within the conservation area, perpetuating the site's indigenous genetics; - Soils within the conservation area were stabilized with ponds of native seed, thousands of live plants, and hundreds of shrubs and trees; N WWW.RYAN (ON.PA' NiLS.COM Assisted with interpretive signage along the site's trails; Common buckthorn was mostly eradicated from the conservation areas (one of the most critical ecological needs of the site); Ecological monitoring and management activities were conducted to ensure long -tern invasive species control and successful establishrment of native vegetation communities; and Prepared regular updates and annual reports and presentations on the Conservation Area's progress. As is typical with most ecological restoration projects, adaptive management was used at the site to adjust to project schedules, unforeseeable climatic conditions, and ecological response of vegetation and site conditions. Ecological monitoring provides a feedback mechanism to guide ecological management and ensure achievement of performance standards. During the initial restoration and management phase (2004- 2008), it is worth noting that while some of the site's Conservation Area was restored quickly to exceptional examples of high quality ecological restoration; other portions were slow to respond to restoration and management activities. This delay in maturation of some areas was likely attributable to the site's dry, sandy soils coupled with several years of significant drought. However, significant, site -wide improvements were obvious between 2006 and 2007, and as of the end of 2008, the Dean Lakes Conservation Area's restoration and enhancement zones were doing moderately to very well, with perfommance standards met or exceeded for the majority of criteria and areas. Another indicator of success is the variety of wildlife that actively using the Conservation Area's native habitats for breeding, nesting, and foraging. In spring 2009, a wildfire originating from the east side of Dean Lake burned westward across the lake's marshes and consumed some of the eastern portion of the Conservation Area. While this fire incurred property damage and killed hundreds of trees, it actually represents a historical disturbance regime that is largely beneficial to the conservation area's native ecosystems. During 2010, AES installed replacement trees and shrubs within the fire damaged portion of the Conservation Area, and in July we conducted a thorough assessment of the Conservation Area in order to outline a restoration and management plan for the next five years and is included as an attachment to this letter (2010 - 2014). Also in July, AES continued spot herbicide and spot mowing treatments within the Conservation Area to control invasive plants. On August 5, 2010, AES representatives walked much of the site with Ryan to review representative areas as well as areas with unique issues or questions. On March 16, 2011, AES presented a summary of the project to the Dean Lakes Home Owners Association (HOA) to explain the goals of Conservation Area and solicit feedback regarding its use and management. The findings of our 2010 site review and our 2011 HOA presentation have informed our work as we continue to implement the five -year management plan. The Dean Lakes Conservation Arca represents healthy, sustainable native plant communities. With continued management and monitoring, these areas will continue to provide ecological functions and aesthetic benefits for the development as well as the greater community. M WW':d O ..MP;1 \IES, C0 -M RYAN iI1 IIWp l 1A$TM41:titATl�v$If IP$ Who is responsible for the implementation of the Conservation /Open Space area? The Association (who is all owners of the commercial and residential lots in the Dean Lakes Development) is to manage and regulate the Conservation Areas, perform vegetation restoration, landscaping, maintenance of plantings. Also to construct, reconstruct, inspect, maintain, repair, replace, and upgrade the improvements and the trails. The Conservation Association has retained Ryan Companies to assist in the management of the conservation area. Ryan Companies has used AES since the development began to restore the land to native plantings. Ryan Companies creates a budget each year which each member pays their pro rata share based on acreage of land to cover the costs of trail maintenance, continued prairie maintenance, ground supplies, painting, signing, insurance, retaining wall reserve fund and management fee. What are the scheduled actives for the future of the Conservation /Open Space area? Please find attached a five year management planned that Ryan received from AES in November of 2010. This information provides a plan for the Conservation /Open Space area in years 2010 -2014. Julie, I hope the above and attached information answers the question you had for the Conservation /Open Space area at Dean Lakes. If you have any further questions please don't hesitate to contact me. Sincerely, 1 �� MO C eyHanl' son D of Development 612.492.4817 �I Applied Ecological Services, Inc. 21935 Mushtown Road ° Prior Lake, i\1N 55372 952 -447 -1919 ^ info.mn @appliedeco.com ° www.appfiedeco.com Bw+ging tlee it ieeee rf oology to ellland nae decisions November 5, 2010 Ms. Melanie Peterson Ryan Companies US, Inc. 50 South Tenth Street, Suite 300 Minneapolis, MN 55403 -2012 RE: Dean Lakes Five Year Management Plan Melanie, Applied Ecological Services, Inc. (AES) appreciates the opportunity to present our proposal for continued management of the conservation areas within the Dean Lakes development in Shakopee, MN. Our recommended scope of work and costs are based on AES's history with the site; our installation, management and monitoring work completed to date; our recent site visits conducted on July 29 and August 5, 2010; and correspondence with you in the interim regarding some on site issues. The purpose of this management proposal is to keep the conservation areas on track with the Ecological Restoration and Management Plan approved by the City of Shakopee prior to development of the area, and to address any management or establishment concerns that have been, or could potentially become, problematic. We applaud the conservation work that Ryan Companies, US has made possible at Dean Lakes, and we look forward to continuing to work with you on protecting your investment. Approach and Costs Based on our Summer 2010 assessment of the Conservation Area and your feedback, AES recommends the following restoration and management plan for the site. This plan includes continued management of the high quality restoration areas and incorporates problematic areas that need to be addressed to get them back on track with the majority of the site. The scope of work includes prep herbicide, buckthorn control (foliar spraying and cut and treat), native seeding, management mowing, spot herbicide, prescribed fire, and possibly planting of some native trees. Support from AES's Consulting division will provide ecological monitoring and reporting. Below is a breakdown of the various management and monitoring tasks to be performed on a yearly basis along with the associated costs. 0 YEAR City Units Unit Cost Total Cost` 2010 Buckthorn cut & treat as needed -19.2 ac all OWB areas 1 trip $ 5,762.00 $ 5,762.00+ Also includes tree clean up /removal of OWB -1 transplant area and SAV -8 Consulting - Project Support 1 Is $ 460.00 $ 460.00 2010 TOTAL $ 6,222.00` Option: End of Year Status Memo 1 Is $ 575.00 $ 575.00 2011 Prep Herbicide of various re -do areas -1.5 ac (includes MP- 1, OWB -1, SAV -8 alon road), pond 5 berm ) Interseeding of re -do areas -1.5 ac (includes MP -1, OWB -1, SAV -8 alon road , pond 5 berm) 2 1 trip trip $ 476.00 $ 1,151.00 $ 952,00 $ 1,151.00' Mowing of re -do areas -1.5 ac (includes MP -1, OWB -1, SAV -8 alon road), pond 5 berm ) 1 trip $ 304.00 $ 304.00 Spot Herbicide -30 ac (all prairie areas & NE OWB o enin s ) 1 trip $ 5,320.00 $ 5,320.00 Fall foliar of buckthorn -19.2 ac all OWB areas 1 trip $3,837.00 $ 3,837,00' Consulting - Project Support, Monitoring & Report 1 Is $ 4,890.00 $ 4,890.00 2011 TOTAL $ 16,454.00 Option: Fall planting of oaks in savannas - #10s 50 ea $ 116.35 $ 5,817.50' 2012 Prescribed Burn of all appropriate areas -15 ac 1 trip $ 3,591.00 $ 3,591.00 Dormant season mowing of non -fire areas -15 ac 1 trip $ 2,718.00 $ 2,718.00 Spot Herbicide -30 ac (all prairie areas & NE OWB openings) Consulting - Project Support 2 1 trip Is $ 5,320.00 $ 960.00 $ 10,640.00 $ 960.00! 2012 TOTAL $ 97,909.00 Option: Fall planting of oaks in savannas - #10s 50 ea $ 116.35 $ 5,817.50 Option: Consulting - End of Year Status Memo 1 Is $ 600.00 $ 600.00 Option: Consulting - Monitoring and Report 1 Is $ 3,670.00 $ 3,670.00- 2013 Spot Herbicide -30 ac (all prairie areas and NE OWB openings) 2 trip $ 5,320.00 $ 10,640.00 Consulting - Project Support. monitoring & Report 1 Is $ 4,630.00 $ 4,630.00' 2013 TOTAL $ 15,270.00 Option: Fall planting of oaks in savannas - #10s 1 50 1 ea 1 $ 116.35 $ 5,817.50' 0 Option: Interseeding of less established areas-3 1 trip $ 1,933.00 $ 1,933.00 2014 Dormant season mowing-25 ac all prairie areas 1 trip $ 3,735.00 $ 3 Spot Herbicide -30 ac (all prairie areas and NE OWB openings) 1 trip $ 5,320.00 $ 5,320.00 Fall foliar treatment -19.2 ac all OWB areas 1 trip $3,837.00 $ 3,837.00 Consulting - Project Support 1 Is $ 1,000.00 $ 1,000.00` 2014 TOTAL $ 13,892.00 Option: Consulting - End of Year Status Memo 1 Is $ 625.00 $ 625.00 option: Consulting - Monitoring and Report 1 Is $ 3,820.00 $ 3,820.00 Any of the above "Options" can be discuss on a year by year basis depending on available funds and Ryan's desires for that particular year. Note that the cost of the listed options is not included in the above totals. Management beyond Year 5 (2014) would include prescribed fire, dormant season mowing, and an occasional spot herbicide depending on weed pressure. Monitoring and reporting would be recommended to continue based on the amount of management being performed. The average costs of perpetual management would be $5 -15K per year not including any extra prep or seeding. Costs will fluctuate based on the tasks recommended for a given year. Monitoring and reporting would cost $1,000 -5,000 per year depending on the level of detail and field time needed. The Dean Lakes site continues to be a success in conservation of native ecosystems in unison with developing land. Applied Ecological Services is proud to have been a part of this great project, and is excited to continue working with Ryan Companies during the long term management phase of the conservation areas. Please let me know if you have any questions or would like to discuss further. We look forward to hearing from you. Sincerely, Matthew Laseh MN Contracting Branch Manager -4�J5 l.1. Doug Mensing, MS Senior Ecologist CITY OF SHAICOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Dean Lakes Planned Unit Development (PUD) Amendment Request DATE: June 9, 2011 CASELOG NO: 10 -028 REVIEW PERIOD: October 14, 2010 to July 11, 2011 DISCUSSION Ryan Companies has made application for a Planned Unit Development (PUD) Amendment requesting approval to plant and harvest agricultural crops on vacant business park properties. The Dean Lakes PUD is located south of Hwy 169 and east of CSAH 83. Please see Exhibit A for location map. Please refer to the May 5, 2011 memo to the Planning Commission (previously provided) for further background information if desired. At its May 5, 2011 meeting, the Planning Commission directed staff to prepare draft conditions of approval and revised findings to support an approval for the Commission's consideration. At that meeting, the Commission expressed specific interest in addressing potential environmental impacts from the proposed agricultural use, duration of the proposed use, the potential for use of financial security, and annual monitoring of the proposed use. The following is a list of proposed conditions of approval for the Commission's consideration. Most of the conditions have been suggested by the City's Engineering staff, and if there are technical questions related to those conditions they may need to be direct to Engineering staff. DRAFT CONDITIONS OF APPROVAL 1. The planting and harvesting of agricultural crops shall be limited to alfalfa only. 2. Agricultural uses shall only be permitted on Lots 1 -5, Block 1 and Lots 1 -7, Block 2, Dean Lakes 5 th Addition and Tract C, Registered Land Survey No. 199. 3. The agricultural use shall be permitted for 5 years from the date of approval of the PUD Amendment allowing such use. 4. The applicant shall provide a written report on an annual basis to City staff verifying compliance with the conditions of approval. This report shall be submitted by August 1 st of each year. If the information is not provided in a timely or adequate manner as determined by the City under these conditions, the City of Shakopee reserves the right to conduct a review of the Dean Lakes PUD. 5. All equipment utilized for agricultural operations shall be hauled to the site via trailers. Page 1 of 4 6. All agricultural operations shall occur only between the hours of 7:00 am to 10:00 pm on any weekday or between the hours of 9:00 am and 9:00 pm on any weekend or holiday. 7. As these properties are not in an agricultural preservation zone and they will be moving more than fifty (50) cubic yards, they are not exempt from the City's grading permit requirements. Therefore, the applicant needs to apply for and obtain a grading permit before beginning operations. 8. The grading permit will be valid for one (1) year from the date of approval. Once the pen expires, the applicant will need to apply for a new permit. 9. The City reserves the right to attach supplemental conditions to the grading permit(s). 10. The applicant will need to obtain a NPDES storm water pen for construction activity or provide proof from the MPCA that one is not required. 11. The applicant will need to provide a minimum of a one (1) foot earthen berm immediately surrounding the area to be planted/harvested. Additional height may be required adjacent to the conservation areas and storm water infiltration basins as determined by the City. All berms will have turf established on them. 12. The applicant will need to provide a minimum of thirty -five (35) feet of vegetated buffer between the area to be planted/harvested and the easternmost property line of lot 6, block 2 of the Dean Lakes 5` Addition. 13. The applicant will need to provide a minimum of fifteen (15) feet of vegetated buffer between the area to be planted/harvested and all other exterior property lines. 14. The applicant will be required to leave all easements containing public utilities undisturbed as these are access points for maintenance personnel. 15. The applicant will be required to protect all storm sewer extensions to the properties to be planted/harvested with measures deemed adequate by the City Engineer. The minimum requirements for all structures will be to receive a solid cover with a water- tight seal and fifteen (15) feet of vegetated buffer and a one (1) foot earthen berm surrounding them. 16. No storage of equipment will be allowed on site. 17. No storage of fertilizers, pesticides or other chemicals will be allowed on site. 18. The applicant will provide a detailed list of all fertilizers, pesticides and other chemicals to be used (and their application rates) in the areas to be planted/harvested prior to their usage. The City reserves the right to deny their use or restrict their application rates. 19. The applicant will contact the City forty -eight (48) hours in advance of the proposed use of all fertilizers, pesticides and other chemicals. 20. The City reserves the right to require soil sampling /testing throughout the year to verify the chemical composition of the soils being planted /harvested. The applicant will be responsible for all costs associated with the sampling /testing. 21. The City reserves the right to require water sampling of adjacent wetlands and storm water basins throughout the year to verify the chemical composition. The applicant will be responsible for all costs associated with the sampling /testing. 22. Section IV.B.12 of the City's Comprehensive Water Resources Management Plan states the City will discourage the use of fertilizers and pesticides in shoreland protection zones to minimize pollutant runoff to public waters. Therefore, no Page 2 of 4 fertilizers or pesticides are to be used on the properties north of Dean Lakes Boulevard. 23. All erosion and sediment control measures will be furnished and installed by the applicant and accepted by the City prior to any land disturbing activity. 24. All erosion and sediment control measures will be routinely inspected by the applicant and replaced/upgraded as necessary, or as directed by the City. 25. Erosion and sediment control will be the responsibility of the applicant throughout the life of the grading permit. 26. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment tracking. The applicant will be responsible for street sweeping. 27. The applicant will maintain dust control operations on site throughout the life of the grading permit. 28. Additional erosion and sediment control measures may be required by the City should they deem the current measures insufficient. 29. As there is no curb cut for equipment access to the properties north of Dean Lakes Boulevard, the applicant will need to provide an alternative access plan that - eliminates blockages of the sidewalk. 30. One access point will be allowed to each of the general areas to be planted/haivested. In other words, a total of two (2) access points will be allowed for this use. 31. The applicant will be required to provide and maintain vegetation within the right -of- way consistent with section 7.04, subdivision 2 of the City Code, 32. The applicant will provide a security with the grading permit application, in the type and amount specified by the City Engineer, to ensure all work is being done per the requirements set forth and to repair any damage that may be caused by the planting /harvesting activities. 33. Planting and harvesting activities are limited to the properties outlined in the PUD amendment application. 34. Approval of the PUD amendment does not constitute approval of the submitted drawings. 35. The City reserves the right to suspend or revoke the planting /harvesting activity if they determine it is negatively impacting the soils, wetlands, storm water basins and /or nearby residents/businesses. Criteria for Annroval Section 11.50, Subd. 6 of the City Code outlines the criteria for granting a Planned Unit Development. The following is a listing of the criteria and draft findings for this application. Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.l: The use of property for traditional agricultural practices as an interim use is not the final development scenario for the subject site. The final development will be business park uses which are consistent with the Comprehensive Plan. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Page 3 of 4 Finding No. 2: The use of the property for traditional agricultural practices as an interim use does not impact the final development of business park uses being compatible with the surrounding land uses. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: Providing adequate open space, circulation, parking, recreation, screening and landscaping will be accomplished upon ultimate development of the business park The temporary use of agricultural practices does not negate these provisions. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: The primary function of this area of the Dean Lakes P UD is to provide business park development while being sensitive to the conservation nature of the area. This function is accomplished through the original approvals currently in place. The temporary use of agriculturalpractices will not alter the ultimate developmentfimctions of the PUD. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and /or general zoning provisions. Finding No. 6: The PUD plan approved in 2003 will provide a greater general public benefit. The interim agricultural use will not have a long term impact on general public benefit. ALTERNATIVES 1. Recommend to the City Council the approval of the PUD amendment, subject to conditions. 2. Recommend to the City Council the denial of the PUD amendment based on the proposed findings above. 3. Continue the public hearing and direct staff and/or the applicant to provide additional information. 4. Table action on the item and request that additional information be provided by the applicant and /or staff. ACTION REQUESTED Offer a motion to the City Council consistent with the Commission's wishes. h: \boaa- pe\2011 \06 -09 \10028 dean lakes pud anend.docx Page 4 of 4 F-XfllB J� 197 W] Y55 6b25 /QU] 9]1 i5]] ii07 X 5555 "1 L 71 A5 1 ::3g7 5]]1 =2b] �3}I � {7;7r7 =9i] =SY7 tss] :rJ]] writ }rys,✓y t�i9 Wily 169 Ii t l+tcd4� , �e�'+T 3 ] ]� dJl� 1 i3ra 4771 �I 5" 5M5 This drawing is neither a legally recorded map nor asurveyand is not Map Scale N intended to be used as one This drawing is a campilallon of records, 1 inch = 888 feet information and data located in various cuy, county. and stale offices, and other sources affecting the area shown and is to be used for reference W E purposes only. Scott County is not responsible for any inaccuracies here in contametl If discrepancies are fountl please contact the Scott County SurvayorsOffice. Ma Dat p J - S 10/20/2010 x u .. U D DEAN L AMEN a4 KIT L •PUD was orig approved in Dec. 2003 .Approved as an open sp inally ace/ conservation/ mixed use development con sisting of residential /commercial /business p ark uses a Dean Lakes PUD is unique in that it has an extensive PUD Agreement and Master Agreement v The PUD Agreement dictates the uses that are permitted within the PUD a The residential portion of the PUD is essentially fully developed a Build -out of the business park areas has not met p Ryan's expectations a Carrying the vacant land is costly to Ryan and Ryan wishes to reca ture some of its costs by p leasing the vacant business park land for agricultural purposes a Because the PUD approvals specify the t pp p Y Yp o and terms of development (and these approvals do not include agricultural uses) the PUD would need to be amended prior to the agricultural use occurring o The PUD Agreement grants the City the discretion to approve or deny amendments to the PUD Z003 Approvals a In its 2003 submittal materials, Ryan Co. noted the following community values used to develop its concept plan: i. Preserve natural features, habitat, and open space 2. Maintain ecological protection zones along Lakeshore areas 3. Develop an ecological -based approach to stormwater management 4. Maximize park and trail opportunities 5. Develop an ecological and ornamental landscape stewardship program ram g 6. Manage traffic demand PhD Amemdment Request Ryan Co. is requesting approval to practice traditional farming on vacant business park property • 60 acres of vacant property designated for business park use • Alfalfa • Termination agreement would be in place if property was sold /leased for business park development f. t r • ? W ■ l ,'ktb}a.AX ...rte _ 41 7''''''''' �..✓'�' .,,, ', . X 0;5 .1. r . r ,;."1';;;;;°7.0 .a 4T y y roper." V «prµ i *- .,. 4 , „...,„.....,.....,,,,..0, .., ,,, , n .,_ w . .. ,...,...,,,,„ ,, d ' r �/`"° � ti ,:„ , Pi P +r t' ”- lr� S K ^ � ° 5 a c K `k"1e �y � ' . ® >' �F . h : yr, .`ire" + q - �'! , • • . Itflit7Ir4‘Gfilitit. Ilea' .1:2'. ,. ./1 _. :: i o-2..' 1 7� Il t'� _ tr yy� t : .. A : . .....! 160 . .0 . { - y; ,, _ l i, , ,- •- ..., .„....,-.. ' •,..- :'. . - ''`,.- •:...", . -, ." - - . ,. ..„ ...., . . v r , w..... 4, . . , ,, .. r7r....- r ft: ....,. -1, .. • ,*i — ,.. ''..., .., A . • ..- r x i .. „,,sit t,+o,," ''7 ` „„ ,,am M - d T >4 j • '- , er' v "✓DES r ' �za x i w + µ3 P wkJY '„ 5g p fi, F'3TM Ryan Companies proposes to have all equipment hauled onto the site by DOT certified trucks o Ryan estimates that equipment would be on site approximately 7 to 10 days per year o Application of Roundup Original would be controlled by a GPS monitored system o The Engineering Department has commented that it has concerns regarding sediment and pollutant runoff and otential degradation of public areas and waters p g p rooted in the Water Resources Management Plan that discourages the use of fertilizers and pesticides in shoreland overlay zones. a Scott Co. Taxation Department has noted that the request would reclassify the property to an agricultural status beginning in 2012. Tax inipaCts Reclassification would result in approximately roximatel $231,000 less • Most of these dollars account for payment to fiscal disparities and state general tax fund. Other commercial properties in the 7- county metro area and state would need to make up the difference in these funds. • The ro ert owner would save approximately $7600 toward City of p p Y pp Y tY Shakopee taxes. This amount would have to be made up by other property owners in Shakopee. r► A ■ Cr f eeria ' s rt • Proposal is not consistent with: the Comprehensive Plan • with the conservation/ open space and mixed use concept of the PUD approval • surrounding land uses • the conservation and development principles implemented with the PUD approval • No information has been provided that the request would preserve and enhance the natural terrain characteristics of the site or the ultimate otential development of the site p p • Information has not been provided that demonstrates a greater general public benefit would be realized if this request were approved. 1 p r j D , u 1 i , D /r 0 se ,A 3 _ c ate t ni en „ . . . . , . ..s.: .,.. ,,. ,,,,,,,,,,,„.„,..,,,,,„„„:„...,„, , .„ ... o ... to encourage innovation, var and creativity in site p lanning of large parcels o ... to promote flexibility in land develo and provide greater efficiency in use of land, streets, and energy CI ... to maximize development compatibility v ... to preserve and protect environmentally sensitive site features o ...to provide quality living, working, shopping, and recreating environments for residents and visitors