HomeMy WebLinkAboutRES 21-022 APPROVING THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE STINSON APARTMENTSCITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-022
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
AGREEMENT FOR THE STINSON APARTMENTS
WHEREAS, the City of St. Anthony approved the final plan PUD on December 8, 2020 for the
Stinson Apartments located at 3725 Stinson Boulevard; and
WHEREAS, a condition of the approval is to complete a Planned Unit Development
Agreement;
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony
Village hereby approves the Planned Unit Development agreement with Stinson Apartments
LLC.
Adopted
ATTEST
Review for Administration:
Ch r ' u er, City Manager
Planned Unit Development Agreement
This Planned Unit Development Agreement (this "Agreement"), dated February 9, 2021, by and
between the City of Saint Anthony Village, Minnesota, a Minnesota statutory city under the laws of the
State of Minnesota (the "C"), and Stinson Apartments LLC, a Minnesota limited liability company
("Developer').
Recitals:
WHEREAS, Developer is the owner of certain vacant land within the corporate limits of the City
having an address of 3725 Stinson Boulevard and legally described on the attached Exhibit A (the
"Property);
WHEREAS, the Property is located within the Silver Lake Village PUD zoning district;
WHEREAS, Developer made application to the City for (i) approval of the construction of a
multiple family residential development on the Property consisting of 38 dwelling units in a single building
(the "Project') and (ii) a related amendment to the Silver Lake Village PUD;
WHEREAS, pursuant to City Council Resolution 20-089, adopted December 8, 2020, the City
approved the final development plans for the Project and the final plan for an amendment to the Silver Lake
Village PUD by creation of the Stinson Apartments PUD Sub -District;
WHEREAS, on December 8, 2020, the City Council adopted Ordinance 2020-04, amending Title
XV of the St. Anthony City Code, known as the zoning ordinance, and amending the Silver Lake Village
PUD to create the Stinson Apartments PUD Sub -District for the Project;
WHEREAS, the City zoning ordinance and City Council Resolution 20-089 requires entry into
this Agreement.
NOW, THEREFORE, in consideration of the above premises and the mutual obligations and
conditions hereinafter contained, it is hereby agreed as follows:
1. PUD Conditions. This Agreement incorporates specific conditions to the City's approval
of the Project and final plan PUD as set forth in Exhibit B attached hereto, some of which, as of the date
hereof, have been satisfied as indicated on Exhibit B.
2. Plans. Subject to the terms of this Agreement, the Property shall be developed in accordance
with the plans and specifications submitted to the City and which are described in Exhibit C attached hereto
(collectively, the "Plans"). The full Plans shall not be attached to this Agreement, but are on file with the
City. If the Plans vary from the written terms of this Agreement, the written terms shall control.
3. Security Requirements. Developer shall provide a cash landscaping security in the amount
of $18,916.00 to secure all plantings onsite shown on the Plans. The City shall hold the escrow for a
minimum of two growing seasons and shall promptly release the escrow following such second growing
season and an inspection and confirmation that all proposed plantings are in good health and condition.
Developer shall promptly remove and replace all dead and diseased plants and other vegetation in
accordance with the Plans.
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4. Right to Proceed. Developer may not grade or otherwise disturb the earth, remove trees,
construct public or private improvements, or any buildings on the Property until all of the following
conditions have been satisfied:
(a) This agreement has been fully executed by both parties and filed with both the City
Clerk and the Ramsey County Recorder's office.
(b) All required securities (described in Section 3) has been received by the City.
5. Other Permits and Approvals. Developer shall secure all necessary approvals and permits
from all appropriate federal, state, regional and local jurisdictions prior to the commencement of
construction of the Project.
6. Compliance. All development and construction activities of the Property will be in
compliance with the City Code, the Plans, and the terms and conditions of this Agreement. No material
deviations from the approved plans and specifications will be permitted unless approved in writing by the
City. To the extent of any inconsistency between this Agreement and City Code, this Agreement shall control.
All labor and work shall be done and performed in a good and workmanlike manner.
7. Maintenance. Developer shall clean dirt and debris from streets that has resulted from
construction work by Developer, subcontractors, their agents or assigns. Prior to any construction in the
Property, Developer shall identify in writing a responsible party and schedule for erosion control, street
cleaning, and street sweeping. All site improvements, including, without limitation, lighting, signage,
landscaping, and paved surfaces, constructed on the Property shall be maintained in good repair.
8. Default and Remedies. Upon default by Developer, or its successors in interest, the City
may take whatever action at law or in equity as may appear necessary or desirable by the City to enforce
performance and compliance with any obligation, agreement or covenant contained within this Agreement.
Further, upon default by Developer, the City may take one or more of the following actions with respect to
the portion(s) or parcel(s) of the Property involved in the default (the "Default Property"):
(a) initiate an amendment to the City's comprehensive land use plan for the Default
Property;
(b) initiate rezoning of the Default Property to a zoning classification consistent with
the amended land use designation;
(c) declare null and void any building and site plan approvals or development
contracts for the Default Property;
(d) refuse building or other permits for the Default Property; or
(e) stop work on the Default Property, through the issuance of stop work orders.
9. Developer's Warranties. Developer hereby represents and warrants to the City:
(a) Developer does and will have full power and authority to enter into this Agreement
and to perform hereunder and that such entry and performance does not and will not violate any
right of any third party or create any liability to any third party.
4823-5307-797212
(b) Developer has fee title to the Property or has obtained consents to this Agreement,
in the form attached hereto, from all partes who have an interest in the property; that there are no
unrecorded interests in the property; and that Developer will indemnify and hold the City harmless
for any breach of the foregoing covenants.
10. Indemnification; Attorneys' Fees. Developer shall indemnify and hold the City and its
officers, employees, and agents harmless from claims made by Developer or third parties for damages
sustained or costs and damages incurred by the City resulting from Developer's acts or omissions in the
development of the Project, including reasonable attorneys' fees, to the extent that such damages are not
caused by the acts or omissions of the City, its officers, employees, and agents. In the event the City is
successful in litigation to enforce the terms of this Agreement, Developer shall reimburse the City for costs
incurred in litigation and subsequent enforcement of this Agreement, including reasonable engineering and
attorneys' fees.
Notices. Required notices to Developer shall be in writing and shall either be hand delivered to Developer,
its employees or agents, or mailed to Developer by certified or registered mail at the following address:
Stinson Apartments LLC
c/o Interstate Development Corporation
6390 Carlson Drive
Eden Prairie, MN 55346
Attn: Legal Notices
Notices to the City shall be in writing and shall either by hand delivered to the City Manager, or
maned by certified or registered mail, in care of the City Manager at the following address:
Saint Anthony Village
3301 Silver Lake Road
St. Agthpny, Minnesota 55418
With a copy to:
Dorsey & Whitney LLP
Suite 1500, 50 South Sixth Street
Minneapolis, Minnesota 55402
Attention: Jay R. Lindgren
11. Assignment. Developer may not assign this Agreement without the written permission of
the City Council.
12. 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 future owners of all or any part of the Property or the Project and shall be deemed covenants running
with the land. References herein to Developer, if there be more than one, shall mean each and all of them.
13. No Waiver. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by
the parties and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Agreement shall not be a waiver or release.
4823-5307-79722
14. Recitals: Exhibits. The recitals hereof are incorporated into this Agreement by this
reference, including the definitions set forth therein. All exhibits referred to in and attached to this
Agreement upon execution are incorporated in and form a part of this Agreement as if fully set forth herein.
15. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions
of this Agreement.
16. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original and all of which
shall constitute one and the same instrument.
17. Completion. Upon the performance of all of Developer's obligations hereunder, the City
will execute a Certificate of Completion in the form attached hereto as Fxhibit R, which may be recorded
by Developer, at Developer's expense.
[Remainder of page intentionally left blank; signatures on following page(s)l
4823-5307-7972\2
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
in their names and on their behalf, all on or as of the date first above written.
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
Saint Anthony Villag
a Minnesota statutory ity
By:
Randy S iIle
Its: Mayor
AND
By:
Charlie Yunker
Its: City Manager
<'fi�
The foregoing instrument was acknowledged before me on this day of e6/uai ,
202, by Randy Stille, Mayor, and Charlie Yunker, Acting City Manager, on behalf of Saint Anthony
Village, a Minnesota statutory city.
Notary/Public
Expiration [nate of Commission
MENC
COLE LMLERRY PUBLIC-MINNESOTAission Expires Jan. 37.2022 J
[Signature Page to Planned Unit Development Agreement]
4823-5307-7972[2
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
Stinson Apartments LLC.
a Minnesota limited liability company
By:
Name: C-rlG jr� -6j,"Lr
Its: preti de*ti"
The foregoing instrument was acknowledged
bruar , 202 , by Eric J. Simmer, as the
Minnesota limited liability company, on behalf ofcomnanv.
VICTORIA SUE PERBIX
NOTARY PUBLIC
MINNESOTA
a MyCommisslonExpires 0V3112024
THIS DOCUMENT WAS DRAFTED BY:
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
before me on this I day of
President of Stinson Apartments LLC, a
[Signature Page to Planned Unit Development Agreement]
4823-5307-797212
Stinson Apartments LLC.
a Minnesota limited liability company
By:
Name:
Its: pIY4&l ltt
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this g day of
42=
202A, by Eric J. Simmer, as the President of Stinson Apartments LLC, a
Minnesota limited liability company, on behalf of company.
VICTORIA SUE PERBIX
NOTARY PUBLIC
MINNESOTA
My Commission Expires 0113112024
THIS DOCUMENT WAS DRAFTED BY:
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-148
(Signature Page to Planned Unit Development Agreement)
4823-5307-797P2
Exhibit A
Legal Description
Real property situated in the State of Minnesota, County of Ramsey legally described as follows:
Lot 8, Block 1, Apache Plaza, according to the recorded plat thereof, Ramsey County, Minnesota.
and
The North 70 feet of Lot I, Block I, Pillsbury Addition, according to the recorded plat thereof, Ramsey
County, Minnesota.
(Abstract Property)
Property PID: 313023330209
A-1
4823-5307-79722
Exhibit B
PUD Conditions
The following conditions were attached to the City Council's Preliminary Plan approval and are
incorporated herein:
I. Access -related issues shall be subject to comment and recommendation by the City Engineer. The
Engineer has approved the access desten. subiect to final review.
2. In recognition of other development sites within the Silver Lake PUD which were developed at
densities less than 40 units per acre, the City finds the proposed residential density (44.7 units per
acre) to be acceptable. The Preliminary Plan approval included this finding.
3. The City finds that the proposed 20 -foot building setback along 38" Avenue NE will not negatively
impact adjacent properties and is therefore considered acceptable (within the context of the PUD).
The Preliminary Plan approval included this finding
4. The City finds that the proposed parking supply (and the deficit based on Ordinance requirements)
is adequate to serve the parking demand generated by the proposed apartment building. The
Preliminary Plan approval included this finding.
5. The City finds that the limited size of the subject and target tenant base justify an off-street parking
supply which does not include covered spaces (within the context of the PUD). The Preliminary
Plan approval included this finding.
6. In consideration if the limited site size and previous site development conditions, the City finds the
proposed impervious surface coverage of 76.7 to be acceptable. The Preliminary Plan a proval
included this ftndin . It is further noted that the City Engineer and the Watershed District will
continue to monitor construction permitting to manage this aspect ofthe project.
7. Impacts associated with the proposed impervious surface coverage shall be subject to comment and
recommendation by the City Engineer. See comment for Item 6.
8. As part of the Final PUD Plan submission, a lighting plan be submitted for review which
demonstrates compliance with City requirements. A lighting Plan has been submitted that meets
this condition. The City's nuisance code specifies a maximum o0.0 footcandles of light at the
property line —the proposed plans show less than this (and mostly 0 footcandles) around the
ro er .
9. As part of the Final PUD Plan submission, a signage plan be submitted for review which
demonstrates compliance with City requirements. The applicant has submitted a signage plan
consistingf a single "Blade Sign " alone the west (Stinson) frontage — a total of approximately 28
square feet. This sign is within the allowances for wall signage in the R-4 District.
10. As part of the Final PUD Plan submission, details shall be provided related to the proposed trash
enclosure design. The updated plans show a trash enclosure to be constructed of concrete block
covered with fiber cement sidine and aluminum doors. This should be specified to match the colors
ofthe fiber cement and trim on the principal buildine.
B-1
4823-5307-797212
11. Issues related to grading, drainage, stormwater management and utilities shall be subject to
comment and recommendation by the City Engineer. Those reviews will continue through final
permitting.
12. The applicant enter into a PUD agreement with the City and post all the necessary securities
required by it. Staff will work with the City Attorney's office on the any agreements necessary to
document the terms of the PUD in addition to the Council's resolution and PUD District
Amendment Ordinance attached The Ordinance amends the Silver Lake PUD District byreferring
to this Final Plan approval, and defaults to the R-4 District for other related baseline standards if
a)qplicable.
13. Consideration of comments of other City Staff. At this point, additional staffcomment would apply
to construction and permitting documents.
IM
4523-5307-797212
Exhibit C
Plans
The following plans submitted to the City on November 17, 2020:
C-1
4823-5307-7972\2
EXHIBIT D
Form of Release of Planned Unit Development Agreement
(attached)
D-2
4523-5307-7972\2
CERTIFICATE OF COMPLETION AGREEMENT
THIS CERTIFICATE OF COMPLETION ("Certificate") is made effective as of
20 (the "Effective Date") by the CITY OF SAINT ANTHONY VILLAGE, a
Minnesota statutory city under the laws of the State of Minnesota ("City"), for the purposes of confirming that
the construction obligations of Developer contained in that certain Planned Unit Development Agreement
dated 20filed , 20, with the Ramsey County, Minnesota
Recorder as Document No. (the "PUD Agreement") affecting the real property legally
described on Exhibit A, have been performed by Developer.
NOW, THEREFORE, the City does hereby confirm that the obligations of Developer to construct the
Project in accordance with the provisions of the PUD Agreement and the Plans (as defined in the PUD
Agreement) have been fully performed and satisfied.
IN WITNESS WHEREOF, the City has executed this release effective as of the Effective Date.
St. Anthony Village,
a Minnesota stat4ry city
0
Its: Mayor °r/
AND a��
By:
Its: Acting City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN ) q
The foregoing instrument was acknowled�Ped before me on this / day of feG���,
202 , by Mayor, and (V0/'iL 7ut.,ke/ , Acting City Manager, on
behalf of Saint Ant ony Village, a Minnesota statutory city.
NotarPdblic
Expiration Date of Commission
DRAFTED BY:
MESSERLI & KRAMER P.A.
100 South Fifth Street, Suite 1400
Minneapolis, MN 55402
D-3
4823-5307-7972\2
J
� 1
Exhibit A
Real property situated in the State of Minnesota, County of Ramsey legally described as follows:
Lot 8, Block 1, Apache Plaza, according to the recorded plat thereof, Ramsey County, Minnesota.
and
The North 70 feet of Lot 1, Block I, Pillsbury Addition, according to the recorded plat thereof, Ramsey
County, Minnesota.
(Abstract Property)
Property PID: 3130233302
D-4
4823-5307-7972\2