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HomeMy WebLinkAbout5F, Approve Development Agreement Between NLD Arden Hills, LLC and the City – Planning Case #11-016.� �i` I�EN HILLS Request for Council Action Prepared By: Meagan Beekman, City Planner Council Meeting Date: January 30, 2012 Approve Development Agreement between NLD Arden Hills, LLC and the City — Planning Case #11-016 Budgeted Amount: Actual Amount: Funding Source: NA NA NA Recommendation: Approve the development agreement between the City and NLD Arden Hills, LLC, as presented in the January 30, 2012, report to the City Council Supporting Documents: 1. Memorandum from Meagan Beekman, dated January 30, 2012. _ _ __ . __ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ �� �R�EN�HILLS MEMORANDUM DATE: TO: FROM: January 30, 2012 Honorable Mayor & City Councilmembers Patrick Klaers, City Administrator Meagan Beekman, City Planner � SiJBJECT: Planning Case #11-016 Applicant: NLD Arderi Hills, LLC Property Location: 3585 Lexington Avenue North Subject: Walgreen's Development Agreement Requested Action 1Vlotion to approve the development agreement between the City and NLD Arden Hills, LLC, as presented in the January 30, 2012, report to the City Council. Back�round At the August 29, 2011, meeting, the City Council approved a Preliminary and Final Plat to subdivide the Arden Plaza site into three lots, and amendment to the Master and Final PUD for the Arden Plaza redevelopment. The original Master PUD and Final PUD were approved in June of 2009. The amendment adjusted the site layout and construction timeline from the original approval. At the time of the August meeting it was understood by the applicants and the City that CVS Pharmacy would purchase the newly created Lot 1 and construct a CVS drug store. At the October 10, 2011, meeting the City Council approved the Arden P1aza, LLC development agreement for Lots 2 and 3 of Arden Plaza. Approval of this development agreement allowed Arden Plaza to file the final plat with Ramsey County and begin site work to prepare for the construction of Lot 1. Since that meeting NLD Arden Hills, a development representative of Walgreen's has purchased Lot 1 and intends to proceed with the construction of a Walgreen's drug store. The site layout remains substantially similar to the plans approved in August; however, the building is slightly larger, and the elevations of the structure itself have been City ofArden Hills City Council Meeting for January 30, 2012 P: IPlanninglPlanning Cases12011111-016 - Arden Plaza - PUD Amendment (APPROVED)101-30-12 - NLD Arden Hills, LLC DA - Memo.doc Page 1 of 2 revised (attachment A). The revisions to the plan were presented to the Council at their December 19, 2011, work session. At this time the City Attorney has drafted a development agreement for Lot 1 whick NLD Arden Hills has agreed to sign (Attachment B). The attached development agreement outlines the terms and conditions of the development of Lot 1 into a Walgreen's drug store. Discussion At the August 29 and December 19, 2011, meetings, the Council added two conditions which pertained to the Walgreen's parcel; the addition of a stop sign if necessary at the drive-thru exit point and the addition of two decorative lights on the west side of the building. These conditions have been incorporated into the development agreement. Recommendation Staff recommends approval of the development agreement. Requested Action Motion to approve the development agreement between the City and NLD Arden Hills, LLC, as presented in the January 30, 2012, report to the City CounciL Attachments A. Building Elevation prepared by Camburas & Theodore, Ltd. B. Development Agreement between NLD Arden Hills, LLC and the City. City of Arden Hills City Council Meeting for January 30, 2012 P`IPZanninglPlanning Cases12011111-016 - Arden Plaza - PUD Amendment (APPROVED)101-30-12 - NLD Arden. Hills, LLC DA - Memo.doc Page 2 of 2 Attachment Building Elevation prepared by Camburas & Theodore, Ltd. � �� January 30, 2012, City Council Meeting �`aE.°f:r � - 8'P�tvia -- �[LLvav� _ SOUTH EI ; :".'� I U.:�:�� �taa.. - _. . fUv�P � gE�Yoo - - - WESTHI.E4ATION DRIV�-TFIRU ��, a,.+�ws' _ " _ _ ��i na _ �'i�v a v _ _'_ NORTH ELEVATION - COUN'I'Y ROAD E �n[v,3 � ¢ui� � �n-F�v-v ��v�x EAST ELEVATION - LEXINCl'ON AY"F. � - __ __" ___wd.� nn z:e � i�e a_y $ az. 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This Development Agreement ("Agreement") is dated the 30th day of January, 2012, and is entered into by and between the City of Arden Hills, a Minnesota statutory city ("City"); and NLD Arden Hills LLC, a Delaware limited liability company ("NLD"). 2.0 Recitals. A. Arden Plaza LLC, a Minnesota limited liability company ("Arden Plaza"), was the record fee owner of the following described property ("Property") situated in the City of Arden Hills, County of Ramsey, State of Minnesota: The north 872 feet of the east one-half (1/2) of the northeast quarter of Section 34, Township 30 north, Range 23 west, except the west 625 feet thereof; excepting from the above described Tract, the west 200 feet of the north 283 feet. Subject to rights of public, those portions thereof taken for highways, said portions being the north 43 feet thereof and the east 33 feet thereof and that part thereof lying north and east of the connecting curb. B. The Property has been platted as Lots 1, 2, 3, Block 1, Arden Plaza Addition pursuant to the Final Plat thereof approved by the Arden Hills City Council on August 29, 2011 (the "Final Plat"). C. Arden Plaza has conveyed Lot 1 and the improvements located thereon to NLD. NLD will improve Lot 1, Block 1, Arden Plaza Addition for use as, and operation of a Walgreen Drug Store. 3.0 Development Plans. The following development plans are incorporated herein (collectively referred to as "Revised Development Plans-Phase I") 1. Cover Sheet, dated June 6, 2011. 2. Preliminary Site Plan, dated June 6, 2011. 3. Preliminary Grading and Drainage Plan, dated June 6, 2011. _ _ __ _ _ _ _ _ _ __ _ _ _ __ __ _ : _ _ 4. Preliminary Utility Plan, dated June 6, 2011. 5. Landscape Plan, dated June 6, 2011. 6. Outline Plan, dated Apri115, 2011. 7. Phase I Development Plan, dated June 29, 2011. 8. Arden Plaza Preliminary Plat, dated June 30, 2011. 9. Arden Plaza Phase I Narrative, dated July 25, 2011. 10. Preliminary Site Plan prepared by Westwood Professional Services, Inc. dated September 22, 2011 (the "Revised Phase I Development Plan"). 11. Building Elevation prepared by Camburas & Theodore, Ltd. dated January 23, 2012 (the "Revised Elevation"). 4.0 City Gouncil Review. On the 29th day of August, 2011, the Arden Hills City Council approved the development of Lot 1, Block 1, Arden Plaza. 5,0 Terms and Conditions. In consideration of fhe undertakings herein expressed and in compliance with the City's Development Regulations, NLD agrees as follows: A. Issuance of Permit. NLD shall apply for and obtain building permits for the development of Lot 1, Block 1, Arden Plaza no later than one (1) year from the date of this Agreement or, at least forty-five (45) days prior to such date, shall request an extension of time to obtain building permits for Phase I. Failure to either obtain building permits or request an extension within the required time periods means that any redevelopment of the area included in Phase I may require an amendment to the PUD-Master Plan and shall require compliance with the City's then current development regulations. B. Previous Agreements. NLD shall comply with the conditions of all previous Development Agreements, Master PUD and Final PUD for Lot 1, Block 1, Arden Plaza, unless modified herein. C. Required Improvements. Prior to the issuance of a certificate of occupancy for any building constructed on Lot 1, Block 1, Arden Plaza, the project shall be completed in accordance with the Revised Development Plans-Phase I as amended by any conditions of approval. Any significant change to the Revised Development Plans-Phase I, unless modified herein, as determined by the City Planner, shall require review and approval by the Planning Commission and City CounciL 2 D. Rec�uired Permits. NLD and/or Arden Plaza shall obtain all necessary permits, including, but not limited to, NPDES, Rice Creelc Watershed District, Ramsey County, and City Erosion Control Permits. Copies of all necessary permits shall be submitted to the City prior to the issuance of any development permits. E. Securi . NLD shall submit a financial surety in the amount of 125% percent of the cost of the landscaping improvements for Lot 1, the surety shall be in a form acceptable to the City Attorney, shall be held for at least two years, and shall be submitted prior to the issuance of any building permits. F. Si�nage. Wall signage on the Walgreen Drug Store shall not exceed ninety-nine (99) square feet. G. Traffic Management. Within six (6) months of the issuance of the certificate of occupancy, Staff will review drive-thru egress to ensure pedestrian safety. Based on the results of that review, the City may require additional traffic management solutions at that time. H. Future Im�rovements/Assessments for the B-2 District Streetscane. The City anticipates constructing streetscape improvements on County Road E, adjacent to Lot 1, Block 1, Arden Plaza. 1, NLD hereby agrees to waive its right to appeal any special assessments levied against Lot 1, Block 1, Arden Plaza for streetscape improvements, associated with the implementation of the Guiding Plan for the B-2 District, provided that: a. Such special assessment does not exceed an amount equal to $350 per lineal foot on County Road E; and b. The Property, subject specially assess in the situated properties. to the terms of this Agreement, same manner as other similarly 2. NLD shall convey temporary construction easements over Lot 1 to the City for implementing the County Road E streetscape improvements. The City shall reasonably restore the area of the temporary construction easement to its condition prior to construction of the streetscape improvements. I. Binding Effect. The terms and provisions of this Agreement 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. This Agreement, at the 3 option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrances of all or any part of the Property and all recording fees, if any, shall be paid by the NLD. Default. The occurrence of any of the following shall be considered an "Event of Default" in the terms and conditions contained in this Agreement: 1. Failure of NLD to comply with any of the terms and conditions contained in this Agreement. 2, The failure of NLD to comply with any applicable ordinance or statute with respect to the development of the Property. K. Remedies. Upon the occurrence of any Event of Default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. NLD shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed to relieve NLD from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. NLD shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 2. Obtain an Order from a Court of competent jurisdiction requiring NLD to specifically perform its obligations pursuant to the terms and provisions of this Agreement. Exercise any other remedies which may be available to it including an action for damages. 4. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an Event of Default, NLD shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a result of the Event of Default, whether or not a lawsuit or other action is formally taken. L� IN WITNESS WHEREOF, the above-named parties have hereunto set their hands. CITY OF ARDEN HILLS, a Minnesota statutory city David Grant, Mayor ATTEST: Patrick Klaers, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF 1 On this _ day of , 2012, before me, a notary public within and for said county, personally appeared David Grant and Patrick Klaers, to me known to be respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing Agreement and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public 5 NLD ARDEN HILLS LLC By: Printed Name: Allison F. Kern Title: Manager STATE 0F MINNESOTA ) ) ss. COUNTY OF ) On this day of . 2012, before me, a notary public within and for said county, personally appeared Allison F. Kern, the Manager of NLD Arden Hills LLC, a Delaware limited liability company and has executed the foregoing Agreement and acknowledged that she executed the same by authority of and on behalf of the company. Notary Public Arden Hills�Agreements�Development Agreement-NLD.vS.doc 0.