4.10. SR 11-06-2017Request for Action
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
Consent November 6, 2017 Zack Carlton, Planning Manager
Item Description Reviewed by
Tall Pines Planned Unit Development Agreement Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the Planned Unit Development Agreement for Tall Pines.
Background/Discussion
On July 17, 2017, the City Council approved a Zone Change and Conditional Use Permit (CUP)
establishing a Planned Unit Development (PUD) for the Tall Pines residential development. The
conditions imposed by Council included a requirement to prepare a PUD Agreement. This agreement
outlines the allowed uses, design standards, and approval process for future development on the property.
The applicant has reviewed the document and all comments have been incorporated into the attached
version.
Financial Impact
None
Attachments
Planned Unit Development Agreement dated November 6, 2017
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
Tall Pines PUD
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement),
made and entered into this 6th day of November, 2017, by and between the CITY OF ELK
RIVER, a municipal corporation organized under the laws of the State of Minnesota (the
City) and THE PINES AT ELK RIVER, 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 detached townhome development (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 – Site Plan
Exhibit C – Landscape Plan
Exhibit D – Development Standards
Exhibit E – Parking Plan
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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;
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 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.
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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: Pines at Elk River, LLC
Attn: Roger Derrick
5001 American Boulevard W, Suite 501
Bloomington, MN 55437
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:
_________________________________
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 – 17, Block 1, Lots 1 – 9, Block 2, and Outlots A – C, all of TALL PINES P.U.D.,
Sherburne County, Minnesota, according to the recorded plat thereof
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EXHIBIT B
Site Plan
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EXHIBIT C
Landscape Plan
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EXHIBIT D
Development Standards
(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 shall comply with the following requirements:
1. 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.
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 detached units shall be:
1. 20 feet from the back of the curb line of private drives, guest parking areas,
and public rights-of-way.
2. Setbacks between residential structures shall be a minimum of ten (10) 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.
All other zoning and land use regulations shall be consistent with those required for
development within the R-3 Zoning District.
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EXHIBIT E
Parking Plan
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