4.13. SR 04-06-2015Request for Action
To
Item Number
Mayor and City Council
4.13
Agenda Section
Meeting Date
Prepared by
Consent
Aril 6, 2015
Zack Carlton, Planner I
Item Description
Reviewed by
West Oaks Planned Unit Development Agreement
Chris Leeseberg, Park Planner /Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Planned Unit Development (PUD) Agreement for West Oaks PUD.
Background /Discussion
The conditions imposed by the City Council for the approval of the Conditional Use Permit for West
Oaks PUD 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
attornev.
Staff and the city attorney have drafted a PUD Agreement outlining these responsibilities, and are seeking
Council approval. The developer agrees to the entirety of the attached agreement.
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 for West Oaks Fifth
Addition.
Financial Impact
None
Attachments
■ PUD Agreement
P o w E H E U e r
UREJ
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
West Oaks PUD
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
made and entered into this _____ day of _____________, ______, b
CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City) and Washington Street Investors, LLC, (the Developer);
W I T N E S S E T H:
WHEREAS, Developer has made application to City for approval of
Use Permit to develop a residential subdivision (the Project) as a Planned Unit
Development, pursuant to Sections 900.12(15) and 900.42 of the E
Ordinances, on certain property located within the City and desc
hereto (the Subdivision); and
WHEREAS, the City Council of the City of Elk River (the City Council), on
November 3, 2014, approved a Conditional Use Permit for the Project, subject to
of conditions; and
WHEREAS, one of the conditions of the approval of the Conditiona
that Developer enter into a Planned Unit Development Agreement (PUD Ag
City to be approved by the City Council; and
WHEREAS, the purposes of the PUD Agreement are to set forth the
uses and procedures for development of the Project as a Planned Unit Development;
NOW, THEREFORE, in consideration of the premises and the mutual
conditions hereafter contained, it is hereby agreed as follows:
1.) Warranty of Developer - Developer hereby warrants and represents to City,
as inducem
of all of the properties located within the Subdivision. Develo
intends to sell some of the parcels within the Subdivision to thated to
Developer (Third Parties). This Agreement shall be binding on T
2.) Development - The Project shall be developed in accordance with the
following plans attached as exhibits hereto, subject to obtainin
parcel within the Subdivision as provided by this PUD Agreement:
Exhibit B - Preliminary Plat
Exhibit C - Final Plat
Exhibit D - Landscape Plan
Exhibit E - Development Standards
3.) Uses -
(01) Permitted Uses Permitted uses shall include only the following
uses:
(i)Single Family residential;
(ii)Model homes in compliance with section 30-800
(iii)Licensed daycare facilities for 16 or fewer children
(iv)Public parks, playgrounds and open space.
(v)State-licensed residential facilities or housing with services
establishments registered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445, to
serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been
adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be a
permitted use.
(02) Conditional Uses -
(i) Conditional Uses outlined in City Code of Ordinances
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
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Agreement FINAL.doc
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 fr
PUD Agreement, the written terms shall govern. This approval is
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 w
of this PUD Agreement, as amended from time to time, the Conditi
as amended from time to time, and the City Code of Ordinances.
5.) Maintenance of Project Areas -
(01) Litter Control - Developer and all Third Party owners of lots within the
Subdivision shall pick up litter as needed, at least once per mo
winter weather), from:
(i) all parking and landscaped areas on their property
(ii) public rights-of-way adjacent to their property
(02) Maintenance Agreements - 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 satisfacto
and maintenance. The agreement shall provide that Developers an
homeowners association shall be obligated to maintain all commonrainage
areas, outlots and landscaping in the Project.
(03) Enforcement - Failure of Developer or a Third Party to meet its maintenance
obligations under this paragraph will be grounds for City to inv
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 cure
after written notice, or if such cure shall reasonably require ler than thirty (30) days to
cure within such longer period as shall be reasonably necessary
Developer or the Third Party commences cure within such thirty (
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;
.
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(02) Withhold issuance of building permits or certificates of occupan
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
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
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 ch a building permit or
certificate of occupancy for any lot or parcel in the Project.
purchasers of any lot or parcel within the Subdivision of the ex
Agreement and the obligations and restrictions created herein prior to the completion of a
sale. Further, Developer agrees to save and hold City harmless
actions arising from the right to withhold the issuance of such
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 a
and shall be binding upon all Third Parties or other future ownet of the
Project, and shall be deemed covenants running with the land. T
placed of record so as to give notice hereof to subsequent purc
all or any part of the Project, and all recording fees, if any, be paid by Developer.
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 re
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 Agreement, will not operate as or be const
subsequent breach of this Agreement.
11.) Notices - All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or depo
Main to the addresses hereinafter set forth by certified mail (r
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
If to the Developer at: Washington Street Investors, LLC
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Roger Derrick
5001 American Blvd West #501
Bloomington, MN 55437
13.) Incorporation by Reference - The exhibits to this Agreement shall be and
hereby are made a part of this Agreement by reference as fully a
14.) Entire Agreement - This PUD Agreement, together with the exhibits
attached hereto, sets forth the entire understanding between the
terms, conditions, warranties or representations other than thos
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
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:
_________________________________
Washington Street Investors, LLC.
Roger Derrick
Its: Chief Manager
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 47 inclusive, Block 1, WEST OAKS SECOND ADDITION,
Sherburne County, Minnesota, according to the recorded plat ther
AND
Lots 1 through 41 inclusive, Block 1, WEST OAKS THIRD ADDITION,
Sherburne County, Minnesota, according to the recorded plat ther
AND
Lots 1 through 13 inclusive, Block 1, WEST OAKS FOURTH ADDITION,
According to the recorded plat thereof, Sherburne County, Minnesota
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EXHIBIT B
Preliminary Plat
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EXHIBIT C
Final Plat
.
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EXHIBIT D
Landscape Plan
.
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EXHIBIT E
Development Standards
Building design shall be consistent with Figure 1 below, or with the design guidelines
enumerated herein:
Figure 1
Design Guidelines
Building design and construction standards. The building design and construction standards
are as follows:
(1)Unit width. The minimum width of a dwelling unit shall be 30 feet.
(2) Unit construction.
a. 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.
b. 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 façade 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
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.
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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.
(3) Setbacks
a. Setbacks for single-family units shall be:
1.Buildings shall be set back a minimum of 20 feet from the
back of the curbline of private drives, guest parking areas,
and public rights-of-way.
2.Setbacks between residential structures shall be a
minimum of ten (10) feet.
3.Setbacks between single-family detached units and single
family attached units, built prior to January 1, 2014, shall
be a minimum of 20 feet.
(4) Garages & Storage
a. Each dwelling unit shall include an attached garage of at least 484
square feet with a minimum width of 22 feet.
b. Each dwelling unit shall provide a minimum of 275 square feet of
storage space.
(5) 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.
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