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Home My WebLink About5G Jeffers Pond Elementary PUD Amend Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 16, 2018 AGENDA #: 5G PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION APPROVING A MINOR AMEND- MENT TO THE FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN KNOWN AS JEFFERS POND AND A RESOLUTION AUTHORIZING EXECUTION OF AN ENCROACHMENT AGREEMENT DISCUSSION: Introduction School District 719 has applied for approval of an amendment to the Planned Unit Development (PUD) known as Jeffers Pond on property located west of CSAH 21, directly north of Jeffers Pass, at 14800 Jeffers Pass NW . History The original Planned Unit Development Plan for Jeffers Pond was approved in 2005. Since that time, nearly all the residential neighborhoods have been devel- oped, as well as the streets, public park/trail system, the elementary school and the fire station. Two outlots remain undeveloped, including: • Outlot B – 9.3 acres, designated as “future retail” in the PUD Plan. • Outlot C – 21.6 acres, identified as “The Village” and designated as mixed-use for commercial and residential in the PUD Plan. The Jeffers Pond PUD was designed as a lifecycle housing project which offers various types of housing in a range of density and models including small single- family homes, large single family detached homes, attached one and two-story single-family townhomes, and apartment condominiums. Current Circumstance: The current request involves a minor amendment to allow additional classrooms to the Jeffers Pond Elementary building. The building addition proposes a set- back of 0.5 feet to the rear property line (adjacent to the City Parkland). Adjust- ments to the water service line for the property and the rear access drive are also proposed that would require City approval of an encroachment agreement within the public parkland. Section 1106.607 of the Zoning Ordinance allows the City Council to approve minor amendments to an approved PUD Plan by resolution. Minor amendments include “changes that increase conformity with Ordinance requirements; de- creases in residential density, leasable floor area, building height, impervious sur- face and/or required parking provided such decreases have a minimal impact on the overall character of the approved Final PUD Plan as determined by the Zon- ing Administrator; minor building additions and floor plan modifications that do 2 not increase parking requirements or reduce useable open space; and changes that are specified as minor amendments in the approved Development Contract.” Conclusion City staff believes the overall impact of the amendment is minor in nature. The addition will increase the school by approximately 6% in floor area and requires an adjustment to the rear setback through a PUD amendment, water line/access drive through an encroachment agreement, and vacation of an existing drainage and utility easement at the rear property line (future City Council action item). Therefore, City staff recommends approval of the minor PUD amendment subject to the following conditions of approval: 1. The property owner must obtain the required permits from any other state or local agency prior to any work on the site. 2. The access and utility encroachment agreement shall be recorded against the City Park property. ISSUES: The 3,600-square foot classroom addition is about 6% of the overall 57,000 square foot elementary school. The addition is entirely comprised to the rear of the building and will remain on the school district property. A water service line and access drive around the rear of the building is proposed to be relocated as part of the project. The relocated water line and private driveway would be lo- cated within the adjacent City parkland (open space area). An encroachment agreement is proposed to specify the future maintenance and liability for the re- location of this water line and access drive. The proposed encroachment agree- ment has been drafted by the City Attorney’s office. FINANCIAL IMPACT: Approval of the PUD amendment and encroachment agreement will facilitate construction of the school building addition. The applicable development fees for Jeffers Pond were paid in 2005 with the platting process. Standard building and construction permit fees will be paid by the school district as part of the pending building permit process. ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to 1) approve a resolu- tion approving a minor amendment to the PUD Final Plan for Jeffers Pond, subject to the listed conditions; and 2) approve a resolution authorizing exe- cution of an encroachment agreement. 2. Motion and a second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternative #1. ATTACHMENTS: 1. Location Map 2. PUD Site Plan 3. Access and Utility Encroachment Agreement 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN KNOWN AS JEFFERS POND Motion By: Second By: WHEREAS, School District 719 has applied for an amendment to the Planned Unit Development (PUD) Final Plan known as Jeffers Pond; and WHEREAS, The City Council approved the original PUD Final Plan for Jeffers Pond per Resolution 05-107 on June 6, 2005; and WHEREAS, The Prior Lake City Council considered the proposed PUD Final Plan minor amendment on January 16, 2018, allowing a 3,600-square foot classroom addition the Jeffers Pond Elementary School; and WHEREAS, The City Council finds the minor PUD Amendment is compatible with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planned Unit Development Amendment for Jeffers Pond is hereby approved subject to the following conditions: a. The property owner must obtain the required permits from any other state or local agency prior to any work on the site. b. The access and utility encroachment agreement shall be recorded against the City Park property. PASSED AND ADOPTED THIS 16TH DAY OF JANUARY 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION AUTHORIZING EXECUTION OF AN ENCROACHMENT AGREEMENT FOR JEFFERS POND ELEMENTARY SCHOOL Motion By: Second By: WHEREAS, School District 719 has applied for an amendment to the Planned Unit Development (PUD) Final Plan known as Jeffers Pond; and WHEREAS, The City Council approved the original PUD Final Plan for Jeffers Pond per Resolution 05-107 on June 6, 2005; and WHEREAS, The Prior Lake City Council approved a minor amendment to the Jeffers Pond PUD on January 16, 2018, allowing a 3,600-square foot classroom addition the Jeffers Pond Elementary School; and WHEREAS, WHEREAS, The classroom addition will require relocation of existing water service line and access drive; The City owns parkland adjacent to the Jeffers Pond Elementary School site and School District 719 desires to place a water service line and access drive within the City Park area as part of the building addition project. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are authorized to execute the access and utility encroachment agreement with School District 719. PASSED AND ADOPTED THIS 16TH DAY OF JANUARY 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager LOCATION MAP SITE PLAN NEW ADDITION ENCROACHMENT AGREEMENT This Encroachment Agreement (“Agreement”) is made this _____ day of ________, 2018 between the City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota (“City”) and Prior Lake Savage Area School District 719, a public school district organized under the laws of the State of Minnesota (“District”). RECITALS WHEREAS, City holds in trust for the public certain park land (“Park”) dedicated to the public in the plat of JEFFERS POND 1ST ADDTION and legally described as Park, Block 1, JEFFERS POND 1ST ADDITION, Scott County, Minnesota; and WHEREAS, the District desires to place and maintain a driveway access in the Park as depicted in Exhibit B (“Driveway”) to provide access to the school building; WHEREAS, the District desires to place and maintain a private water service line in the Park as depicted in Exhibit B (“Water Line”) to provide water service to the school building WHREREAS, the City has determined that the District’s placement and maintenance of the Driveway and Water Line are incidental to and will not interfere with the City’s or publics’ use of the Park for its intended purposes. NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. PUBLIC PROPERTY. The District acknowledges that the Park is public property. 2. ENCROACHMENT. The City has determined that the District’s placement and maintenance of the Driveway and Water Line are incidental to and will not interfere with the City’s or publics’ use of the Park for its intended purposes. Therefore, the City hereby consents to the District placing and maintaining the Driveway and Water Line, as depicted in Exhibit B, in the Park subject to the terms and conditions of this Agreement. 3. PUBLIC USE OF PARK. The District acknowledges that the Driveway and Water Line are subordinate to the City’s and publics’ use of the Park and the District shall be vigilant to 2 ensure the Driveway and/or Water Line do not interfere with the primary purposes of the Park. 4. INDEMNITY. The District shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the Driveway and/or Water Line including, but not limited to, any claim asserted against the City as a result of the location of the Driveway and/or Water Line. 5. INSURANCE. The District shall maintain a general liability insurance policy which provides coverage for damage to personal property and injury to persons. Said policy shall contain a clause which provides language stating that the company that issues the policy shall not cancel, non-renew, or materially change the policy without first providing the City thirty (30) days ’ prior written notice. The District shall provide the City with a Certificate of Insurance that names the City as an additional insured. 6. WAIVER OF CLAIMS. The District acknowledges City’s ownership of the Park for the benefit of the public and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to the use of the Park as permitted by this Agreement. 7. CONDITION OF LOT. The District acknowledges the City has made no representations or warranties regarding the condition of the Park or its suitability for the uses permitted by this Agreement. 8. BINDING EFFECT. This Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 9. MAINTENANCE. The District shall perform, as and when necessary, and pay the cost for, such maintenance of the Driveway and/or Water Line as may be reasonably necessary to maintain the Driveway and/or Water Line in good and aesthetic condition and repair. 10. COMPLIANCE WITH LAWS. The District shall comply with all federal, state and local laws, rules and regulations in relation to the Driveway and/or Water Line and the placement and maintenance in the Park. 11. TERMINATION. The City may terminate this Agreement by written notice to the District if, in the opinion of the City Manager, the Driveway and/or Water Line adversely interferes with the City’s or publics’ use of the Park. If the City terminates this Agreement, the District shall have thirty (30) days from receipt of the written notice to remove the Driveway and/or Water Line and restore the Park to its condition prior to placement of the Driveway and/or Water Line. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions related to the placement of the Driveway and/or Water Line in the Park and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 3 [signatures on following pages] WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year aforesaid. CITY OF PRIOR LAKE: ____________________________ Kirt Briggs, Mayor ____________________________ Frank Boyles, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of_____________, 2018, by Kirt Briggs, Mayor of the City of Prior Lake, and Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on behalf of the corporation. . Notary Public 4 PRIOR LAKE SAVAGE AREA SCHOOL DISTRICT 719: ____________________________ By:_____________________ Its:_______________________ ____________________________ By:___________________ Its:___________________ STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of_____________, 2018, by _____________ and __________________, the _______________ and ______________ respectively of Prior Lake Savage Area School District 719, on behalf of the district. Notary Public Drafted By: Hoff Barry, P.A. 775 Prairie Center Drive, Suite 160 Eden Prairie, MN 55344 5 EXHIBIT A Insert Legal Description 6 EXHIBIT B Site Plan