12-10-2018 Council Meeting Packet

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{00149157 12} 8. 4.3 Development Flexibility; Core Values The City will consider in its sole discretion changes or deviations to the Plans as part of the final plat submission for a phase without amending the PUD Development Stage Plan and Preliminary Plat (the “Proposed Change”), will reasonably cooperate with such requests from Developer or Owner so long as any such changes do not conflict with, and are consistent with, the following Core Values of the Development: a. If the number of lots within a phase is more or less than the number of lots shown in the same area on the Preliminary Plat, the Developer must demonstrate how future phases will be configured to accommodate the change so that the total number of lots in the Development, including townhome units, is never greater than 864; b. The total amount of Public and Private Open Space, as provided for in Exhibit D, page 6, Land Use Plan, and as depicted on the Preliminary Plat, will not be less than 60.79 and 10.02 acres, respectively; c. The boundaries of the public park reflected on the Preliminary Plat (the “Public Park”) may be adjusted provided that it continues to be located in the center of the Development as shown on the Preliminary Plat and the total upland area remains no less than 5.31 acres. d. The location and configuration of the three private parks, totaling 2.76 acres, as provided for in Exhibit D, page 6, Land Use Plan, and depicted on the Preliminary Plat, as Outlots B, D and P may be revised provided that (i) the center of each park is not moved by more than 200 feet; (ii) the size of each park is not reduced; (iii) the configuration of each park remains consistent with its originally intended function; and (iv) the equipment to be installed by the Developer in the tot lot park remains the same or provides a similar or greater functionality to what was provided for in the Plans. e. For the purpose of Phase I of the development, the storm water treatment system may utilize Anoka County Ditch No. 55, subject to approval by the Rice Creek Watershed District. Subsequent phases shall re-route all on-site storm water drainage through the ponds and lake of the approved on-site storm water system and drain to the west to Lake Peltier, consistent with approved Plans; f. There are no material changes to the Parks and Open Space Plan, as depicted in Exhibit D, page 11, of this Master Agreement and in the Homeowners Association Covenants and Restrictions; g. Grading will not encroach into any wetlands, or wetland buffers, except as allowed in the Plans;