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4.5. SR 04-17-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.5 Agenda Section Meeting Date Prepared by Consent Aril 17, 2017 Zack Carlton,Planning Manager Item Description Reviewed by Planned Unit Development Agreement for River Cal Portner, City Administrator Park Meadows Reviewed by Action Requested Approve,by motion, the Planned Unit Development (PUD) agreement for River Park Meadows Background/Discussion The conditions imposed by the City Council for the approval of the Conditional Use Permit for the River Park Meadows Plat and 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 ■ River Park Meadows PUD Agreement POWERED 6T Template Updoted 4/14 INAWRE1 PLANNED UNIT DEVELOPMENT AGREEMENT FOR River Park 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 SHERBURNE LAND COMPANY (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 2. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx 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 3. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx 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 issuance of building permits or certificates of occupancy for any structure within the Project; (02) Halt construction on public improvements not commenced or not completed; (03) Institute prosecution of Developer or the Third Party under the relevant provisions of the City Zoning Ordinance; (04) Draw upon any financial security provided the City to assure compliance; (05) 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. 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. 4. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx 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: Sherburne Land Company Attn: Dennis Nelson 17207 198th Ave NW Big Lake, MN 55309 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 5. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx 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: _________________________________ Dennis Nelson 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 6. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx EXHIBIT A LEGAL DESCRIPTION Lots 1, 2, 8, 9, 10, 11, 12, 13, 14, Block 3 and Outlot C, all of River Park, Sherburne County, Minnesota, according to the recorded plat thereof 7. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx EXHIBIT B Preliminary Plat 8. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx EXHIBIT C Landscape Plan 9. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-22 River Park Meadows PUD\River Park Meadows PUD Agreement DRAFT.docx EXHIBIT D Development Standards 1. Single Family Homes a. Principal Structure Setbacks (1) 25 foot front yard – applies to both front yards on corner lots (2) 10 foot yard side yard setback (living space) (3) 5 foot garage side setback (4) 20 foot rear yard setback 2. All other design standards shall be consistent with the R-1c single-family regulations described in the Elk River zoning code. These include, but are not limited to, accessory structures, wetland setbacks, animal regulations, etc.