4.8A. SR 10-06-2014 �i
EOty lk Request for Action
River
To Item Number
Mayor and City Council 4.8 A
Agenda Section Meeting Date Prepared by
Consent October 6, 2014 Zack Carlton,Planner I
Item Description Reviewed by
Kliever Lake Fields 5th Addition Planned Unit Jeremy Barnhart,Deputy Director, CODD
Development (PUD) Agreement Reviewed by
Action Requested
Approve,by motion, the PUD agreement for Kliever Lake Fields 5 h Addition.
Background/Discussion
The conditions imposed by the City Council for the approval of the Conditional Use Permit for Kliever
Lake Fields 51'Addition included a requirement that a PUD Agreement be signed. The agreement
establishes performance standards and outlines the responsibilities of the developer to the satisfaction of
the city attorney.
Staff and the city attorney have drafted a PUD Agreement outlining these responsibilities and are seeking
Council approval. The developer has already signed the document.
The PUD Agreement closely follows our standard agreement, and outlines the uses and performance
standards for the development. The current PUD Agreement echoes the agreement from Kliever Lake
Fields 4 h Addition.
Financial Impact
None
Attachments
■ PUD Agreement
P0WInII a
Template Updated 4/14 [NATUREJ
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
Kliever Lake Fields Fifth Addition
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
made and entered into this day of 1 ,by and between the
CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City) and Meadow Creek Builders Inc.(the Developer);
WITNESSETH:
WHEREAS,Developer has made application to City for approval of a Conditional
Use Permit to develop a residential subdivision (the Project) as a Planned Unit Development
(PUD),pursuant to Section 30-1564 of the Elk River City Code of Ordinances, on certain
property located within the City and described on Exhibit A attached hereto (the
Subdivision); and
WHEREAS, the purposes of the PUD Agreement are to set forth the standards,
uses and procedures for development of the Project as a Planned Unit Development;
NOW,THEREFORE,in consideration of the premises and the mutual promises and
conditions hereafter contained,it is hereby agreed as follows:
1.) Warranty of Developer- Developer hereby warrants and represents to City,
as inducement to City's entering into this PUD Agreement,that Developer is the fee owner
of all of the properties located within the Subdivision. Developer further represents that it
intends to sell some of the parcels within the Subdivision to third parties unrelated to
Developer (Third Parties). This PUD Agreement shall be binding on Third Parties.
2.) Development-The Project shall be developed in accordance with the
following plans attached as exhibits hereto, subject to obtaining site plan approval for each
parcel within the Subdivision as provided by this PUD Agreement:
Exhibit B—Final Plat
Exhibit C -Landscape Plan
Exhibit D - Development Standards
3.) Uses -
(01) Permitted Uses—Permitted uses shall include only the following
uses:
(i) Single Family residential;
(02) Conditional Uses -
(i) Conditional Uses outlined in Section 30-994, (d) shall be
allowed as conditional uses within the Project:
(ii) In addition to the approval process set forth in paragraph 4
hereof, a Conditional Use Permit shall be applied for and
approved,pursuant to the Elk River Zoning Ordinance, for
any conditional use in the Project. Each such conditional use
shall be considered and acted upon by the City Council
pursuant to the standards set forth in the Zoning Ordinance
for conditional uses, as well as the standards and
requirements set forth in this PUD Agreement and the
attachments hereto.
4.) Approval by City- City hereby approves the Project as shown in the attached
exhibits provided,however,that insofar as the exhibits vary from the written terms of this
PUD Agreement,the written terms shall govern. This approval is subject to individual site
and building plan review and approval as follows:
(01) The City may,when approving individual site plans,impose such
conditions as it shall deem necessary to insure that the Project
complies with the requirements of this PUD Agreement, as amended
from time to time,the Conditional Use Permit,as amended from
time to time,and the City Code of Ordinances.
5.) Maintenance of Project Areas -
(01) Maintenance Agreement A homeowners' association shall be
established for the Project,and shall be responsible for all exterior
building maintenance, approval of any exterior architectural
modifications,landscaping, snow clearing and regular maintenance of
private driveways and other areas owned in common. The
maintenance agreement shall be subject to approval by the City
Attorney prior to the issuance of certificates of occupancy so as to
insure satisfactory control, ownership and maintenance. The
agreement shall provide that Developers and the subsequent
homeowners association shall be obligated to maintain all common
areas, drainage areas, oudots and landscaping in the Project.
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(02) Enforcement- Failure of Developer or a Third Party to meet its
maintenance obligations under this paragraph will be grounds for
City to invoke against that party any remedy which City has under
this PUD Agreement.
6.) Remedies - Should Developer or a Third Party breach any of the terms and
conditions of this PUD Agreement, and if such breach is not cured within thirty (30) days
after written notice, or if such cure shall reasonably require longer than thirty (30) days to
cure within such longer period as shall be reasonably necessary to cure such breach provided
Developer or the Third Party commences cure within such thirty (30) day period and
diligently proceeds to cure such breach thereafter, City shall have any or all of the following
remedies against the party who has breached:
(01) Withhold site plan approval for undeveloped lots;
(02) Withhold issuance of building permits or certificates of occupancy
for any structure within the Project;
(03) Halt construction on public improvements not commenced or not
completed;
(04) Institute prosecution of Developer or the Third Party under the
relevant provisions of the City Zoning Ordinance;
(05) Draw upon any financial security provided the City to assure
compliance;
(06) Institute a civil action to compel compliance or recover damages or
both.
7.) General Conditions - If Developer or a Third Party fails to comply with any
of the provisions hereof, City may refuse to issue to the Party in breach a building permit or
certificate of occupancy for any lot or parcel in the Project. Developer agrees to advise
purchasers of any lot or parcel within the Subdivision of the existence of this PUD
Agreement and the obligations and restrictions created herein prior to the completion of a
sale. Further,Developer agrees to save and hold City harmless from any and all claims or
actions arising from the right to withhold the issuance of such permits and certificates and
from other provisions hereof.
8.) Binding Effect-The terms and provisions hereof shall be binding upon and
inure to the benefit of the heirs,representatives, successors and assigns of the parties hereto
and shall be binding upon all Third Parties or other future owners of all or any part of the
Project,and shall be deemed covenants running with the land. This PUD Agreement shall
be placed of record so as to give notice hereof to subsequent purchasers of all or any part of
the Project, and all recording fees,if any, shall be paid by Developer.
3.
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9.) Severable - In the event that any portion of this PUD Agreement shall be
held invalid for any reason,the same shall not affect in any respect whatsoever the validity of
the remainder of this PUD Agreement.
10.) Waiver -Any waiver,whether express or implied, by any party of a breach of
any provision of this PUD Agreement,will not operate as or be construed to be a waiver of
any subsequent breach of this PUD Agreement.
11.) Notices -All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United States
Main to the addresses hereinafter set forth by certified mail (return receipt requested). The
addresses of the parties hereto are as follows until changed by written notice given as above:
If to the City at: City of Elk River
Attn: City Administrator
13065 Orono Parkway
Elk River,Minnesota 55330
763-635-1000
If to the Developer at: Timothy Pomerleau
6382 Balsam Lane
Maple Grove,MN 55369
612-867-6533
13.) Incorporation by Reference -All plans, special provisions,proposals,
specifications and contracts made or to be made pursuant to this PUD Agreement shall be
and hereby are made a part of this PUD Agreement by reference as fully as if set forth
herein in full.
14.) Entire Agreement- This PUD Agreement,together with the exhibits
attached hereto, sets forth the entire understanding between the parties, there being no
terms, conditions,warranties or representations other than those contained herein,including
the exhibits hereto, and no amendments hereto shall be valid unless made in writing and
signed by all the parties hereto.
This instrument was drafted by:
The City of Elk River
13065 Orono Parkway
Elk River,MN 55330
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IN WITNESS WHEREOF,the City and the Developer have caused this PUD Agreement
to be duly executed on the day and year first above written.
CITY OF ELK RIVER
By:
John J Dietz
Its: Mayor
By:
Tina Allard
Its: City Clerk
DEVELOPER:
Timothy J Pomerleau
Its: President
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of ,by John J Dietz and Tina Allard,the Mayor and City
Clerk, respectively, for the City of Elk River,Minnesota.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of ,by
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
Lots 1 through 11 inclusive,Block 1, KLIEVER LAKE, FIELDS FIFTH ADDITION,
according to the recorded plats thereof, Sherburne County,Minnesota.
Lots 1 through 16 inclusive,Block 2, KLIEVER LAKE FIELDS FIFTH ADDITION,
according to the recorded plats thereof, Sherburne County,Minnesota.
6.
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EXHIBIT B
Final Plat
7.
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EXHIBIT C
Landscaping Plan
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EXHIBIT D
Development Standards
Building design shall be consistent with figure 1 below, or with the design guidelines
enumerated herein:
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Figure 1
Design Guidelines
Building design and construction standards. The building design and construction standards
are as follows:
(1) Unit n4dth. The minimum width of a dwelling unit shall be 38 feet.
(2) Unit si.Ze. The minimum area of each dwelling unit shall be 1400 square
feet.
(3) Unit construction.
d. In case of a gable roof, a minimum 12-inch overhang on gable
ends shall be required. All other soffits are to have a minimum 12-
inch overhang.
e. The exterior of dwelling units not consistent with Figure 1 above
shall be submitted for review by the planning department and shall
comply with the following requirements:
1. A minimum of 25 percent of the combined area of the
front facade of a structure shall have an exterior finish of
brick, stucco and/or natural or artificial stone.
2. Except for brick, stucco, and/or natural or artificial stone,
no single building facade shall have more than 75 percent of
one type of exterior finish.
3. Except for brick, stucco, and/or natural or artificial stone,
no townhome dwelling structure shall have more than 60
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percent of all building facades of one type of exterior finish.
Deck railings may be included as a change of material on the
facade of a building.
4. For the purpose of this section,the area of the building
facade shall not include area devoted to window, entrance
doors,garage doors, or roof areas.
(4) Setbacks
a. The setbacks single-family homes shall be:
1. 20 foot front yard setback
2. Five (5) foot side yard setback
3. Five (5) foot garage side setback
3. Ten (10) foot rear yard setback
(5) Garages/ storage
a. Each dwelling unit shall include an attached garage.
b. Storage area of at least 584 square feet shall be provided
(6) Common Areas
a. Common areas shall be under the ownership and control of the
property owners' association,which shall be responsible for the
maintenance, and repair of the common areas.
10.
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