The driveway surfacing, clearance, and turning radius must be designed to accommodate emergency fire vehicles.

“The driveway surfacing, clearance and radius must be designed to accommodate emergency fire vehicles.”

The address of the flag lot must be clearly visible from the public street.

“The address of the flag lot (or existing parcels accessed via an easement) must be clearly visible from the public street.”

The project must have a stormwater maintenance agreement.

“A stormwater maintenance agreement will be required.”

The CUP issued July 9, 2024 is revoked, and the City Attorney must include the revocation in the Developer’s Agreement or other recording document.

“The Conditional Use Permit granted issued by the City Council on July 9, 2024 is hereby revoked.”

If updated site plans require changes to lot lines or easements, those changes must be incorporated into the Final Plat submitted by the developer.

“If the updated Site Plans addressing the comments of the resolutions, Staff Memos, or outside agencies necessitate revisions to any of the lot lines or easements on the Subject Pro…”

If there is a conflict between the site plans and the resolution, the resolution controls unless modified by a final plat resolution.

“To the extent that there are differences or conflicts between the Site Plans and this resolution, the terms of this resolution shall be controlling”

The timing of construction of infrastructure improvements is subject to conditions in a Developer’s Agreement between the City and the developer.

“The timing of the construction of the infrastructure improvements on the Subject Property will be subject to the conditions of a Developer's Agreement between the City and the Deve…”

The Development Agreement approval is subject to review and approval by the City Attorney, City Planner, and City Engineer.

“approves the Development Agreement subject to the City Attorney's, City Planner's and City Engineer's review and approval”

The Developer must, at its sole expense, construct the City improvements on and off the plat in accordance with the Approved Plans on file with the Interim City Administrator.

“The Developer, at its sole expense, shall construct those City Improvements located on and off Said Plat as detailed in the plans”

The numbered lots are restricted to single-family residential use as shown on the plat.

“the numbered lots in the Plat are intended only for single-family residential use in the number and the configuration as are shown on the Plat.”

Before recording, a soil borings report must be submitted for review.

“Soil Borings. This report must be submitted for review, but it is expected at any time now.”

If updated Site Plans require revisions to lot lines or easements, the developer must incorporate those revisions into the Final Plat and revise Site Plans and the Final Plat as necessary, including possible changes or removal of lots, outlots, easements, or right of way.

“then those revisions shall be incorporated into the Final Plat submitted by the Developer. Compliance with these requirements may result in changes to or the removal of lots”

When revising the plans, include a revision date on the plan set and rename the plans from Petersen Court to a different name because Petersen Court is not the road name.

“With plan revisions, include a revision date on the plan set. In addition, rename the plans from Petersen Court to a different name”

If updated Site Plans require changes to lot lines or easements, incorporate those changes into the Final Plat; revise plans/plat as needed (including potential removal/changes of lots/outlots/easements/right-of-way), and provide any required off-site easement document to the City for approval before recording.

“If the updated Site Plans addressing the comments of the resolutions, Staff Memos, or outside agencies necessitate revisions to any of the lot lines or easements”

No structures may be built within the flagpole portion of the lot or within easements.

“No structures of any kind shall be built within the 'flagpole' portion of the lot or within easements.”

The access from 205th Avenue NW must be designed and maintained to accommodate emergency vehicles.

“The access from 205th Avenue NW must be designed and maintained to accommodate emergency vehicles.”

The City Engineer may require the driveway to be paved or other drainage control measures to prevent runoff onto neighboring properties.

“The City Engineer may require the driveway to be paved or require other drainage control measures to prevent runoff from entering neighboring properties.”

The conditional use permit may be subject to revocation if the approved conditional use is not exercised within one year of approval unless a written extension request is submitted at least 30 days before the deadline.

“If a conditional use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval”

Outlot A is not buildable and must be combined with Lot 1, Block 1 or transferred to the adjacent northern property owner, and if transferred it must be combined with the off-site property when the final plat is recorded.

“Outlot A is not buildable. It shall either be combined with Lot 1, Block 1; or shall be transferred to the adjacent property owner to the north.”

All public infrastructure (including water, sanitary sewer, stormwater, and roads) must be dedicated or located within a drainage and utility easement.

“All public infrastructure including but not limited to water, sanitary sewer, stormwater, and roads shall either be dedicated or located within a drainage and utility easement.”

If compliance results in changes/removal of lots, outlots, easements, or right-of-way, the developer must revise the site plans and final plat as necessary to conform.

“Compliance with these requirements may result in changes to or the removal of lots, outlots, easements, or right of way, in which case the Developer shall revise the Site Plans and…”

Before the final plat is released for recording, the developer must provide financial security in a form approved by the City Attorney and amount approved by the City Engineer, with the Developer’s Agreement specifying the amount.

“Financial security in a form approved by the City Attorney and in an amount approved by the City Engineer must be provided by the Developer prior to release of the final plat for r…”

Revoke the Conditional Use Permit granted by Resolution #2024-71, and have the City Attorney include the revocation in the Developer’s Agreement or other recorded document.

“The Conditional Use Permit granted by Resolution #2024-71 by the City Council on July 9, 2024 is hereby revoked.”

Comply with and incorporate all comments in the City Engineer memo dated February 19, 2025 and the Collaborative Planning memo dated January 23, 2025.

“All comments contained within the City Engineer memo from Hakanson Anderson dated February 19, 2025 and the memo from Collaborative Planning dated January 23, 2025 are incorporated…”

If the Approved Plans conflict with this Agreement, the written terms of the Agreement control, and improvements must be installed by October 31, 2025 unless the City Engineer allows a later date.

“Unless the City Engineer specifies a later date, said Improvements shall be installed by October 31, 2025.”

The Developer and Landowners may not alter lot configuration and may build only one single-family dwelling per numbered lot unless the City later agrees to changes.

“Developer and Landowners shall not alter the lot configuration and shall construct only one single family dwelling per numbered lot”

The final plat approval is conditioned on compliance with the attached Findings of Fact and Record of Decision (Exhibit A).

“The Final Plat is approved subject to the Findings of Fact and Record of Decision attached hereto as Exhibit A”

The development must comply with the City Engineer and City Planner comment memos.

“The development should comply with the comments in the City Engineer and City Planner comment memos.”

Provide a 20-foot-wide trail easement on the south side of 205th Avenue NW, submit it for City Attorney review, and record it at the same time as the final plat.

“A 20' wide trail easement shall be provided on the south side of 205th Avenue NW. The trail easement shall be provided for review of the City Attorney”

The conditional use permit may be subject to revocation if the use or operation is discontinued for one year.

“The City Council may hold a public hearing to revoke a conditional use upon the happening of any of the following events”

The applicants must pay all costs associated with processing this request.

“The applicants are responsible for all costs associated with the processing of this request.”

A conditional use permit for the flag lot must be obtained before final plat approval, or the plat must be reconfigured to eliminate the flag lot.

“Either a Conditional Use Permit must be secured prior the granting of final plat approval, or the plat should be reconfigured to remove the flag lot.”

Improvements must be constructed in substantial conformance with the site plans as revised to meet the Staff Memos’ requirements.

“The improvements to the Subject Property shall be constructed in substantial conformance with the Site Plans as revised to conform to the requirements of the Staff Memos.”

The preliminary plat approval is subject to the Findings of Fact and Record of Decision attached as Exhibit A.

“The Preliminary Plat is approved subject to the Findings of Fact and Record of Decision attached hereto as Exhibit A.”

Before starting subdivision construction, the developer must enter into a development agreement with the City.

“A requirement of every developer prior to the commencement of construction on a subdivision is to enter into a development agreement with the City.”

Any approval of the Petersen Acres Development Agreement would be subject to the City Attorney approving the final agreement.

“the Development Agreement could be approved subject to the City Attorney approving the final agreement.”

The Developer and Landowners must grant the City and its representatives a right of entry to the plat to perform work and inspections and to take corrective actions deemed necessary under the Agreement.

“hereby grants to the City, its agents, employees, officers, and contractors a right of entry to enter Said Plat”

Before recording, the final plat must be revised according to the comment memos.

“Plat and Plan Revisions. The final plat must be revised as per comment memos.”

Before recording, project specifications must be prepared and submitted to the City Engineer.

“Specifications. These must be prepared and submitted to the City Engineer.”

A 20-foot-wide trail easement must be provided on the south side of 205th Avenue NW, reviewed by the City Attorney, and recorded with the final plat and Development Agreement.

“A twenty (20) foot wide trail easement shall be required on the south side of 205th Avenue NW.”

All comments in the City Engineer memo from Hakanson Anderson dated October 2, 2024 and the memo from Collaborative Planning dated October 2, 2024 are incorporated as conditions.

“All comments contained within the City Engineer memo from Hakanson Anderson dated October 2, 2024 and the memo from Collaborative Planning dated October 2, 2024 are incorporated he…”

The final plat may be approved, but it cannot be released for recording until the soil borings and specifications documents and the wetland replacement plan review items are completed.

“the plat cannot be released for recording until those items have been completed.”

Place City-approved signage along lot lines or corners next to storm ponds, wetlands, and conservation areas.

“Signage approved by the City will need to be placed along lot lines or corners next to storm ponds, wetlands, and conservation areas.”

The applicant must provide the required park dedication for this plat, with the amount calculated when the development agreement is executed.

“Park dedication is required for this plat and will be calculated at the time of execution of the development agreement.”

Avoid violations, discontinuation for one year, or failure to exercise the conditional use within one year (unless a timely written request is submitted), to prevent potential revocation hearing by the City Council.

“The City Council may hold a public hearing to revoke a conditional use upon the happening of any of the following events, whichever occurs first:”

Have the plans reviewed by the City’s septic consultant before final plat approval.

“The plans must be reviewed by the City's septic consultant prior to approval of the final plat.”

The conditional use permit may be subject to revocation if permit conditions are violated.

“The City Council may hold a public hearing to revoke a conditional use upon the happening of any of the following events”

Complete the items required by the Development Agreement before the City releases the financial security for Petersen Acres.

“There are some items required by the Development Agreement that will need to be completed before the financial security can be released.”

A 20-foot-wide trail easement is required on the south side of 205th Avenue NW.

“A twenty (20) foot wide trail easement shall be required on the south side of 205th Avenue NW.”

The City Attorney must include the CUP revocation in the Developer’s Agreement or another document deemed necessary for recording.

“The City Attorney shall include this revocation in the Developers Agreement or other document as determined necessary by the City Attorney for recording.”

All comments in the City Engineer memo dated January 17, 2025 and the Collaborative Planning memo dated January 23, 2025 are incorporated as requirements.

“All comments contained within the City Engineer memo from Hakanson Anderson dated January 17, 2025 and the memo from Collaborative Planning dated January 23, 2025 are incorporated …”

If an off-site easement is required, a separate easement document must be provided to the City for review and approval before the final plat is released for recording.

“If an off-site easement is required to address a comment, then a separate easement document shall be provided to the City for review and approval prior to release of the Final Plat…”

A title commitment must be provided for the City Attorney’s review before the final plat is released for recording.

“A title commitment shall be provided for the review of the City Attorney before the final plat is released for recording.”

Dedicate all public infrastructure or place it within a drainage and utility easement.

“All public infrastructure including but not limited to water, sanitary sewer, stormwater, and roads shall either be dedicated or located within a drainage and utility easement.”

Update the Final Plat to incorporate any lot line or easement revisions needed by comments/resolutions/agencies, provide any required off-site easement document to the City for approval before recording.

“those revisions shall be incorporated into the Final Plat submitted by the Developer.”

The development agreement must include financial security for the City, typically a letter of credit issued by an FDIC-insured bank, to cover costs if the developer defaults.

“Every development agreement includes a financial security that the City can utilize in the event that the developer defaults on the terms of the agreement”

Recording/execution of the Final Plat and Development Agreement is authorized only if the documents are reviewed and approved by the City Attorney.

“to cause the Final Plat and Development Agreement to be recorded, subject to said documents being reviewed and approved by the City Attorney.”

Before recording, the wetland replacement plan application must be completed/approved (it is still under review).

“Wetland Replacement Plan. This application has been submitted but is still in review.”

The final plat approval is conditioned on preparing a Development Agreement that is prepared and approved by the City Attorney.

“and the preparation of a Development Agreement prepared and approved by the City Attorney.”

All lots must have septic sites available that comply with Minnesota Rules 7080.

“All lots shall have septic sites available in compliance with Minnesota Rules 7080.”