11-26-2018 Council Meeting Packet

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122529 2. Flexibility/Core Values/Article IV Section 4.3 gives the City the ability “in its sole discretion” to consider changes to the approved master plans as full development of the property occurs. It contains certain standards, called “core values”, that would guide and control deviations that may be permitted by the City. For example, Section 4.3(d) allows the location of the three private parks identified in the approved master plans to be adjusted slightly within certain guidelines. Likewise, Section 4.3(i) allows trail locations as shown on the master plans to be adjusted slightly. These core values recognize the realities that adjustments can be necessary in the phasing of large developments. Architectural Guidelines/Article IV Section 4.4 establishes guidelines for dwellings constructed within the project. The guidelines generally require anti-monotony in design. The guidelines also dictate building material types and certain design features. Storm Water Outlet/Article V Section 5.1 establishes a City obligation to construct the Peltier Lake Outlet by December 31, 2020. The City commits to “take all steps necessary” to acquire land and complete the outlet. Plans for the work must be approved by the Council by June 1, 2019. This outlet is generally necessary to support future phases of the project beyond the initial phase. It is also, in a broader sense, a part of the City’s storm water plan to serve additional development properties. CSAH 54 Turn Lave/Article V Under Section 5.2, the Developer is responsible for constructing turn lanes from 20th Ave (CSAH 54) into the Development at a time determined by the City. Subdivision Improvements/Article VI Article VI establishes varied requirements for improvements within the Development, including construction and timing requirements for the construction of streets, sanitary sewer, water, storm sewer, landscaping, street lighting, and signage. Section 6.9 requires the posting of security for the work. The Developer is entitled to reduce the security posted on a periodic basis. Open Space/Article VII Article VII requires that certain areas of the Development be preserved as open space. These areas are generally Outlots A, C, E, F, G, H, K, L, M, N, and O as identified in the approved Preliminary Plat. The MDA imposes a blanket easement over the Development Property (except the 1st Addition) until these areas are refined in future phase approvals. At that time, the open space areas will be specifically encumbered by an open space easement denoted on the final plat of that phase, and the blanket easement will be released as to the property within the development phase not comprising open space. The Homeowner’s Association Covenants are required to also contain an open space declaration to coincide with these areas. The Developer will not be given dedication credit for the open space. Note this Article also requires drainage and utility and trail easements.