HomeMy WebLinkAbout4B, Traverse Business Center Extension No. 3
4B
Request for Council Action
Prepared By:Meagan Beekman, City PlannerCouncil Meeting Date: June 13, 2011
Traverse Business Center Extension No. 3
Budgeted Amount:Actual Amount:Funding Source:
NANANA
Recommendation:
Approve Amending Section 3.0 Subd B.1 of the Final Planned Unit Development (PUD) Permit
for the Traverse Business Center to Extend the Building Permit Deadline for Phase I and II to
July 30, 2014, and the Final PUD deadline for Phase III to July 30, 2015.
Supporting Documents:
1.Memorandum dated June 13, 2011,fromMeagan Beekman.
2. Final Planned Unit Development Permit.
3. May 20, 2011, Letter from CMK Arden Holdings/Chesapeake.
4.Amendment No. 3to the Final Planned Unit Development Permit.
MEMORANDUM
DATE:
June 13, 2011
TO:
Honorable Mayor & City Councilmembers
Patrick Klaers, City Administrator
FROM:
Meagan Beekman, City Planner
SUBJECT: Planning Case #06-040
Applicant:
CMK Arden Holdings (Chesapeake Companies)
Property Location:
4200 Round Lake Road
Request:
Building Permit Extension
Requested Action
Approve Amending Section 3.0 Subd B.1 of the Final Planned Unit Development (PUD) Permit
for the Traverse Business Center to Extend the Building Permit Deadline for Phase I and II to
July 30, 2014, and the Final PUD deadline for Phase III to July 30, 2015.
Background
On October 29, 2007, the Arden Hills City Council approved the Master PUD for the Traverse
Business Center and the Final PUD permit for Phases I and II. The PUD gave approval to CMK
Arden Holdings (Chesapeake Companies) for the Traverse Business Center to construct up to
500,000 square feet of building space at the property located in the northeast corner of Interstates
35W and 694. The Master and Final PUD application was reviewed in Planning Case 06-040.
Section 3.0 Subd B.1 of the Final PUD Permit required CMK to obtain building permits for
Phase 1 of the development on or before July 30, 2008; building permits for Phase II by July 30,
2011; and obtain Final PUD approval for Phase III by June 30, 2012 (Attachment A).
Due to market conditions and other factors, CMK has been unable to sign a tenant (Attachment
B). Therefore, CMK is requesting a third amendment to the approved development agreement
that would allow an extension of the building permit deadline for Phase I and II to June 30, 2014,
and for Phase III to June 30, 2015, this is permissible with Council approval.
City of Arden Hills
City Council Meeting for June 13, 2011
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The extension requests do not change or extend any other part of the Final PUD permit.
Recommendation
Staff recommends approving the amendment to Section 3.0 Subd B.1 of the Final Planned Unit
Development Permit for the Traverse Business Center to extend the building permit deadline for
Phase I and II to July 30, 2014, and the Final PUD permit for Phase III to July 30, 2015.
Options
1.Approve the proposal as submitted.
2.Deny the application with reasons for denial.
3.Table for additional information.
Attachments
A. Final Planned Unit Development Permit
B. May 20, 2011, Letter from CMK Arden Holdings/Chesapeake
C. Amendment No. 3 to the Final Planned Unit Development Permit
City of Arden Hills
City Council Meeting for June 13, 2011
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A
Attachment
Final PUD Permit
October 29, 2007
June 13, 2011, City Council Meeting
B
Attachment
Extension Request from
CMK Arden Holdings
May 20, 2011
June 13, 2011, City Council Meeting
C
Attachment
Amendment No. 3 to the Final PUD Permit
June 13, 2011, City Council Meeting
PLANNED UNIT DEVELOPMENT PERMIT
AMENDMENT NO. 3
TRAVERSE BUSINESS CENTER
CITY OF ARDEN HILLS
PC# 06-040
1.0 Parties. This Amendment No. 3 to the Planned Unit Development Permit is
th
dated the 13 Day of June, 2011, and is entered into by and between the City of
Arden Hills, a Minnesota statutory city (“City”); and CMK Arden Holdings, A Minnesota
Limited Partnership, a Minnesota limited partnership, its successors and assigns
(“CMK”).
2.0Recitals.
A.The City and CMK are parties to the certain Planned Unit Development
Permit dated October 29, 2007 (“Agreement”).
B.The Parties wish to Amend Section 3.0 Subd B.1 of the Planned Unit
Development Permit as hereinafter specified.
3.0Terms and Conditions of Permit. In consideration of the undertakings herein
expressed, the City and CMK agree as follows:
A.Section 3.0 Subd B.1 is hereby amended in its entirety to read as follows:
a.On or before July 30, 2014, Applicant shall apply for and obtain
all required Building Permits for Phase I or this PUD Permit, as it
relates to Phases I, II, and III shall expire unless the Arden Hills
City Council approves an extension. A request for an extension
must be submitted to the City Planner at least forty-five (45)
days prior to July 30, 2014, and shall detail the Applicant’s
reasons for the extension request.
b.On or before July 30, 2014, Applicants shall apply for and obtain
all required Building Permits for Phase II or this PUD Permit, as
it relates to Phases II and III, will expire unless the Arden Hills
City Council approves an extension. A request for an extension
must be submitted to the City Planner at least forty-five (45)
days prior to July 30, 2014, and shall detail the Applicant’s
reasons for the extension request.
c.Phase III has only received Master PUD approval. On or before
July 30, 2015, Applicants shall obtain Final PUD Plan approval
for Phase III unless the Arden Hills City Council approves an
extension. A request for an extension must be submitted to the
City Planner at least forty-five (45) days prior to July 30, 2015,
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and shall detail the Applicant’s reasons for the extension
request.
B.All other provisions of the Agreement shall remain in full force and
effect.
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The parties acknowledge and agree to the terms and conditions of this Amendment
No. 3 to the Planned Unit Development Permit:
CITY OF ARDEN HILLS
By: _______________________
David Grant
Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
On this _____ day of ________________, 2011, before me, a notary public
within and for said county, personally appeared David Grant, to me known to be
respectively the Mayor of the City of Arden Hills, and they executed the foregoing
instrument and acknowledged that they executed the same by authority of and on
behalf of the City of Arden Hills.
______________________________
Notary Public
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CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota
Limited Partnership
By: _______________________
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
On this _____ day of ________________, 2011, before me, a notary public
within and for said county, personally appeared
__________________________________, to me known to be respectively the
_______________________ of the CMK Arden Holdings A Minnesota Limited
Partnership, A Minnesota Limited Partnership, and they executed the foregoing
instrument and acknowledged that they executed the same by authority of and on
behalf of CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota Limited
Partnership.
______________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Meagan Beekman
City Planner
City of Arden Hills
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