4.10. SR 02-21-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
Consent February 21, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Planned Unit Development Agreement for Miske Cal Portner, City Administrator
Meadows Reviewed by
Action Requested
Approve,by motion, the Planned Unit Development (PUD) agreement for 1Vliske Meadows
Background/Discussion
The conditions imposed by the City Council for the approval of the Conditional Use Permit for the
Miske Meadows 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.
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.
Financial Impact
None
Attachments
■ Miske Meadows PUD Agreement
POWERED 6T
Template Updoted 4/14 INAWRE1
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
Miske Meadows
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
made and entered into this day of , 2017, by and between the CITY OF
ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota
(the City) and RP3, LLC (the Developer);
W I T N E S S E T H:
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
may sell the parcel to third parties unrelated to Developer (Third Parties). This 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 all
proposed site improvements provided by this PUD Agreement:
Exhibit B – Preliminary Plat
Exhibit C – Landscape Plan
Exhibit D – Development Standards
Exhibit E – Townhome Elevations
Exhibit F – Edison Street Setbacks
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3.) Uses -
(01) Permitted Uses – Permitted uses shall include only the following
uses:
(i) Detached single-family residential
(ii) Model homes in compliance with section 30-800;
(iii) Public parks, playgrounds and open space;
(iv) Home occupations in accordance with Sec. 30-801;
(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;
(vi) Garages and sheds (accessory to single-family home);
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 ensure 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) Litter Control - Developer and all Third Party owners of lots within
the Subdivision shall pick up litter as needed, at least once per month
( except during winter weather), from:
(i) all parking and landscaped areas on their property
(ii) public rights-of-way adjacent to their property.
(iii) wetlands and storm water features adjacent to the property.
(02) Enforcement - Failure of Developer or a Third Party to meet its
maintenance obligations under this paragraph will be grounds for
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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 future expansions;
(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 the lot or parcel 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 agreement shall be
placed of record so as to give notice hereof to subsequent purchasers and encumbrances of
all or any part of the Project, and all recording fees, if any, shall 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 respect whatsoever the validity of
the remainder of this PUD Agreement.
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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 construed to be a waiver of any
subsequent breach of this 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
If to the Developer at: RP3, LLC
Attn: Alan Roessler
3495 Northdale Blvd. NW
Suite 210
Coon Rapids, MN 55448
12.) 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.
13.) 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:
_________________________________
Alan Roessler
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
Outlot B, RIVER PARK SECOND ADDITION, according to the recorded plats thereof,
Sherburne County, Minnesota.
Outlot C, RIVER PARK SECOND ADDITION, according to the recorded plats thereof,
Sherburne County, Minnesota.
Outlot D, RIVER PARK SECOND ADDITION, according to the recorded plats thereof,
Sherburne County, Minnesota.
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EXHIBIT B
Preliminary Plat
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EXHIBIT C
Landscape Plan
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EXHIBIT D
Development Standards
1. Single Family Homes
a. Setbacks
(1) 25 foot front yard – applies to both front yards on corner lots
(2) Fifteen (15) foot combined side yard setback between homes
(a) Minimum side yard setback is five (5) feet
(3) Twenty (20) foot rear yard setback
2. Detached Townhomes (Edison Street)
a. Facades shall consist of at least two materials (brick, siding, stone, shakes, or
other materials approved by the city)
b. No more than three adjacent homes will have the same roof/facade style. See
Exhibit E
c. Façade materials or colors will not repeat between adjacent homes. Significant
variation in materials and/or colors is encouraged.
d. Setbacks
(1) Front yard setback must be consistent with Exhibit F – not less than 22 feet.
(2) Five (5) foot side yard setback
(3) Five (5) foot garage side setback
(4) Ten (10) foot rear yard setback
e. Each townhome must have a minimum of five shrubs along the front
foundation.
f. Common Areas
(1) 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 and the area abutting Cleveland Street.
3. Area Identification Sign (Monument Sign)
a. The area identification sign (monument sign) must be located on a buildable
lot, not an outlot.
b. The sign shall meet setback and height standards described in the ordinance.
c. A box drawn around the lettering on the sign shall not exceed 16 square feet.
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EXHIBIT E
Townhome Elevations
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EXHIBIT F
Edison Street Setback Diagram