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Applicant: Paul Heuer, Pulte Homes - Minnesota

Property Owner: Canterbury Development, LLC

Lot Area: 3.86 Acres

Current Zoning: PUD, Planned Unit Development

2040 Comp. Plan: Entertainment

Paul Heuer, representing Pulte Homes has applied for a Planned Unit Development Amendment for the second phase of Canterbury Crossing. Canterbury Crossing is a 164-unit residential Planned Unit Development (PUD) consisting of 108 townhouse units and a 56-unit senior housing co-op called Artessa that was approved in late 2020. The first phase of 63 townhouse units will be completed shortly and the applicant is planning for construction of the 45 units in the second phase.

One of the conditions of the PUD is that a private easement on their site for access to the adjacent farm be vacated prior the development of the second phase of the townhouse development (see applicant narrative for details and sketch of easement area). Pulte Homes and Canterbury have both worked diligently with the adjacent property owner to attempt to vacate the easement, but have not been successful in their negotiations.

The adjacent owner typically uses the private driveway in the fall at harvest time for easier equipment access to the northernmost grain bins (see enlarged aerial photo), rather than maneuvering equipment around several buildings and bins when entering the site from Eagle Creek Blvd. 

Since their negotiations have failed, Pulte Homes is proposing changes in the site design to work around the existing easement that consist of the following: 

• Eliminate sunrooms as on option on the rear of units backing up to the easement. 
• Shorten driveways to the minimum of 22'. 
• Shift Paddock Path, the private street in the development north 7-10'. 
• Placement of a row of 6' evergreens as screening from the easement and farm yard area. 

With the proposed changes, the units are shifted away from the easement boundary a distance of 10-20' depending on the specific unit. In the original development plan the proposed units in the second phase were closer to the easement, so a condition was added that the units not be developed until the easement was vacated. 

In addition to the proposed design changes, the applicant intends to have new property owners sign a disclosure statement regarding the easement, so the owners are aware that the easement exists. 

The applicant is also proposing a monetary contribution to the Homeowner's Association for the removal of the driveway, placement of topsoil and establishment of turf / irrigation in the easement area at the time the easement is vacated.

Since the applicant is proposing to shift Paddock Path and the townhouse units north, a revised final plat is necessary. Final plats are only reviewed by the City Council. The proposed final plat drawing is attached for reference.

With the proposed changes by the applicant and their intent to inform the future homeowners about the easement, staff recommends approval of the proposed amendment.