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4.6. SR 03-19-2018Request for Action To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent March 19, 2018 Zack Carlton, Planning Manager Item Description Reviewed by Planned Unit Development Agreement: Jackson Cal Portner, City Administrator Hills Reviewed by Action Requested Approve, by motion, the Planned Unit Development Agreement for Jackson Hills Background/Discussion On April 17, 2017, the City Council approved a Zone Change and Conditional Use Permit (CUP) establishing a Planned Unit Development for The Briggs Companies. The conditions imposed by Council included a requirement to prepare a Planned Unit Development 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, where appropriate, their comments have been incorporated into final draft. Financial Impact None Attachments ■ Planned Unit Development Agreement dated March 19, 2018 The Elk River Vision A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAWRE1 PLANNED UNIT DEVELOPMENT AGREEMENT FOR Jackson Hills Apartment Building THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), made and entered into this 19th day of March, 2018, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City) and JACKSON HILLS AND RESIDENTIAL SUITES, LLC (the Developer); WITNESSETH: WHEREAS, Developer has made application to City for approval of a Conditional Use Permit to develop a multi -family apartment building (the Pro)ect) 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 and Proof of Parking Exhibit C — Landscape Plan Exhibit D — Development Standards Exhibit E — Building Elevations 3.) Uses - (01) Permitted Uses — Permitted uses shall include only the following uses: (i) Multiple -Family Residential (40 units) 4.) Approval b3� 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 mutually amended from time to time, the Conditional Use Permit, as mutually 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 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 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; 2. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx (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. 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: Jackson Hills and Residential Suites, LLC Attn: Patrick Briggs 633 Upland Ave, Suite C Elk River, MN 55330 3. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx 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 4. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.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. STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER By: John J Dietz Its: Mayor By: Tina Allard Its: City Clerk DEVELOPER: Patrick Briggs Its: Chief Manager ss. The foregoing instrument was acknowledged before me this day of 1 , by John J Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. STATE OF MINNESOTA ss. COUNTY OF SHERBURNE Notary Public The foregoing instrument was acknowledged before me this day of 1 , by Notary Public 5. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx EXHIBIT A LEGAL DESCRIPTION That part of the Southwest Quarter of the Northwest Quarter of Section 34. Township 33, Range 26, Sherburne County, Minnesota, described as follows, to wit: Commencing at the West Quarter Corner, of said Section 34, Document No. 111622, dated 4/2512014, Cast iron Monument, thence North 89 degrees 17 minutes 47 seconds Easton an assumed hearing along the South line of the Southwest Quarter of the Northwest Quarter. (East Quarter Corner of said Section 34, defined by a Cast Iron Monument, per Document No. 130913, dated 4)16/2015), a distance of 1365.21 feet, to the point of intersection with the centerline of Jackson Avenue, (formerly Iknowwnm as State Trunk Highway No. 201 and "Old Highway No. 169"); Thence North 0 degrees 16 minutes 12 seconds West, along the centerllne of said Jackson Avenue a distance of 284.95 feet: Thence South 89 degrees 10 minutes 25 second West, a distance of 50.00 feet, to a 1/2 Inch Iron pipe, baling the west right of way I Ine of Jackson Avenue, and to the point of beginning of the tract to be desrribod Thence South 89 degrees 10 minutes 25 second West, a distance of 150.13, to a 1/2 inch iron pipe; Thence North 0 degrees 59 minutes 26 seconds East, a distance of 14.29 feet, to a 1 1/2 Inch Iron plpe; Thence South 89 degrees 18 minutes 27 seconds West, a distance of 199.87 feet, to a 1/2 Inch Iron pipe, capped 13057; Thence North 0 degrees 18 minutes 11 seconds West, a distance of 218.20 feet, to the Westerly extension of the center line of 6th Street (formerly platted as 8th Street) as dedicated in the plat of Burrel I's Addition, Sherburne County, Minnesota: Thence South 69 degrees, 56 minutes 39 seconds East, easterly, along said Westerly extension of the center I Ine of 6th Street, a distance of 349.67 feet, to the west right of way line of said Jackson Avenue! Thence South 0 degrees 19 minutes 12 seconds (East, along the west right of way line of said Jackson Avneue, a distance of 227.56 feet more or less, to the point of beg inning. 6. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.doex EXHIBIT B Site Plan and Proof of Parking 7. N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx ��oa Noy/��auNo V1OS3NNIW 'aA �i13 n MN 3(1N3nd H19 lO3 e Nb�d 111�11f1 aNt/ 311S S]INVcJA00 S00Ib8 ]Hi 1N3WlbVdV Sl NOS1iDVf - :SNO S 2d ll MN inNIAV NOSA3VP 1u6 ,1111 `© .molly • � r w I Q� Q - oo� o m ��I mo ��Q 1 N 'o� J a= _ a� m — o< z I 0 II - o I 35:III I a LL o I I N O L-1 r o� I mN o � � .I I — oY, ��o L'i III� _ ~o Q0 --- .. V) LLL d F— W w 0 < Q I i w w za d w gQ J, �o o O m i — N w a i mz w r Q V � U� x a I > o Qw Z° g CL J H 0 a o w V) r EXHIBIT C Landscape Plan 8. N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx Y _ -- - anuanypuejdn`EE.9 3a I#s L9 )CXX in N = v iT p m w --------------- /U1N 3nN3nd^ NOSNOVr N ---------- .._ ___ .._ 1 - — ---_ W I i I i _ � Tt /j I • A" h� — . �• . P, I W W F— U) H co i<- I �V I 4 ,:S . II in N = v iT p m w i Eti a v =1a.c LIO� .E _ .N � E E E j V 3 = E CL .'_ - E E i<- I �V I 4 ,:S . II in N = v p m w N � x _ in Eti a v =1a.c LIO� .E _ .N � E E E j V 3 = E CL .'_ - E E a Q v G O O O E i E ajV Q O � o 000 —� ��„ .-i N m Q EXHIBIT D Development Standards 1. Approved structure a. 40 unit apartment building 2. Principal Structure Setbacks a. 30 foot front yard (6th Street NW) b. 10 foot side yard setback (west) c. 10 foot setback along Jackson Ave (east) d. 15 foot rear yard setback (south) 3. Accessory structures are notpei-muted 4. Parking a. 1 covered parking stall per residential unit (40 total) b. 1 constructed surface stall per residential unit (38 total) c. Proof of parking for 10 additional parking stalls 5. Landscaping a. 31 trees (1) 15 Overstory (shade) trees w/ minimum size of 2.5" DBH (2) 8 Ornamental trees w/ minimum size of 1.5" DBH (3) 8 Coniferous trees w/ minimum height of six feet b. All trees must be maintained and replaced as required by city staff. 6. Building a. A combined minimum of 30 percent of the north, east, and west exterior walls of the building must be finished with shakes, brick, natural stone, or stucco. 9. K\Departments\Community Development\Planning\Case Files\CUP\CU 17-04 Briggs Companies\10 - Final Documents\Jackson Hills PUD Agreement.docx EXHIBIT E Building Elevations 10. 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