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Home My WebLink About7A, Planning Case 09-021 - Arden Village� �i .�EN HILLS � Request for Council Action Prepared By: Meagan Beekman, City :Planner Council Meeting Date: December 17, 2012 Planning Case 09-021— Arden Village Development Agreement Amendment No. 3 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Approve the Arden Village Development Agreement Amendment No. 3, based on the submitted revised plans, as presented in the December 17, 2012, report to the City CounciL Supporting Documents: 1. Memo from Meagan Beekman, dated December 17, 2012. 2. Arden Village Development Agreement Amendment No. 3. � EN HILLS MEMORANDUM DATE: December 17, 2012 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #09-021 Applicant: Sand Companies, Inc — Arden Village Property Location: 1296 County Road F Subject: Arden Village Development Agreement Amendment No Requested Action Approve the Arden Village Development Agreement Amendment No. 3, based on the submitted revised plans, as presented in the December 17, 2012, report to the City Council. Back�round On March 8, 2010, the City Council gave land use approvals for the Arden Village project including Conditional Use Permit Amendment, Rezoning, Comprehensive Plan Amendment, Preliminary and Final Plat, and Master and Final Planned Unit Development. The Council also approved a development agreement. The approval was for an affordable rental housing development at 1296 County Road F. The approved 4-story building consisted of 55 housing units with one to three bedrooms, a 55-stall underground parking garage, and a 55-stall surface lot. The development also included a tot lot playground and picnic area for residents. The approval required the property to be rezoned from I-1, Limited Industrial District to R-4, Multiple Dwelling District. In order to rezone the property, a Comprehensive Plan Amendment was also required. Prior to City land use approvals, the 2.76-acre property operated under a Conditional Use Permit (CUP) that was approved in 1972 for a 240-foot communications tower. SCI requested a Preliminary and Final Plat to subdivide the property into two parcels, and a Master and Final PUD for the development itself. Because the CUP encompassed the entire City ofArden Hills Special City Council Meeting December 17, 2012 Page 1 of 3 property, a CUP Amendment was needed to reflect the proposed legal description for the newly subdivided lot. SCI went through several funding cycles with Minnesota Housing Finance Agency in their attempt to get tax credits to assist in financing the affordable housing project. They have not been successful in their attempts to secure funding. As a result SCI has decided to move forward with the construction of the apartment building, but as a market rate project, rather than an affordable housing development. SCI received funding from the Ramsey County HRA in the form of a loan from the HOME Investment Partnership Program for the Arden Village development. In exchange for the assistance, Arden Village must have four units set aside for households whose incomes are less than 80% of the area median. At the November 13, 2012, work session, the City Council reviewed proposed revisions to the Arden Village development regarding the conversion from affordable to market rate. The change also necessitates minor modifications to the site, parking, and interior accommodations related to the project. The Council determined that the modifications to the plan were minor in nature and directed Staff to move forward with a Development Agreement Amendment. The Council also directed Staff to work with SCI to get more detailed plans showing the proposed changes and to address any potential issues related to parking and landscaping created by the modifications to the plan. Modifications to Plan A full outline of the propose modifications and an evaluation of their impacts was presented to the City Council at their December 17, 2012, work session. Recommendation Staff recommends approval of the Arden Village Development Agreement Amendment No. 3, based on the submitted revised plans, as presented in the December 17, 2012, report to the City Council. Requested Action Motion to approve the Arden Village Development Agreement Amendment No. 3, based on the submitted revised plans, as presented in the December 17, 2012, report to the City Council. City of Arden Hills Special City Council Meeting December 17, 2012 Page 2 of 3 Attachments: A. Arden Village Development Agreement Amendment No. 3 City of Arden Hills Special City Council Meeting December 17, 2012 Page 3 of 3 CITY OF ARDEN HILLS ARDEN VILLAGE DEVELOPMENT AGREEMENT AMENDMENT N0. 3 PC# 09-021 1.0 Parties. This Amendment No. 3 to the Arden Village Development Agreement if dated the 17t" day of December, 2012, and is entered into by and between the City of Arden Hills, a Minnesota statutory city ("City"); and Arden Village, LLC, a Minnesota Limited Liability Corporation ("Arden Village"). 2.0 Recitals. A. The City and Arden Village are parties to the certain Arden Village Development Agreement dated March 8, 2010 ("Agreement"). 6. The City approved Amendment No. 1 to the Agreement dated May 9, 2011, amending Section 5.0 Subd A.2 of the A�reement. C. The City approved Amendment No. 2 to the agreement dated, May 14, 2012, further amending Section 5.0 Subd A.2 of the agreement. D. On the 10t" day of December, 2012, Arden Village submitted a letter and plans requesting minor modifications to the originally approved Arden Village Application. Arden Village is requesting to convert the 55-unit affordable housing apartment building to a 60-unit market rate apartment building. As part of the conversion Arden Village is proposing other modifications to the project; modified building footprint, five additional surface parking stalls, five additional underground parking stalls, modified outdoor recreation area, and modified interior finishes. E. On the 17t" day of December, 2012, The City Council reviewed the proposed modifications and determined that the changes were not significant in nature. F. The Parties wish to Amend Section 2.0 Subd A.2 of the Agreement as hereinafter specified. 3.0 Terms and Conditions of Permit. In consideration of the City's development approvals; in compliance with the City's development regulations and in consideration of the undertakings expressed herein, the parties agree: A. Section 2.0 Subd F is hereby amended in its entirety to read as follows: The Arden Village Application is illustrated and described on the following documents ("Arden Village Redevelopment Plan Documents") attached and incorporated herein. 1 1. Preliminary Plan dated 11 /02/09; 2. Grading and Paving Plan dated 11 /02/09; 3. Utility Plan dated 11 /02/09; 4. Trail and Construction Plan dated 11 /02/09; 5. Erosion Control Plan dated 11 /02/09; 6. SWWWP Narrative dated 11 /02/09; 7. Existing Drainage Plan dated 11 /02/09; 8. Proposed Drainage Plan dated 11 /02/09; 9. Photometric Plan dated 10/28/09; 10.Site Plan dated 10/19/09, as amended by the Revised Site Plan dated 12/10/12; 11.Tree Mitigation Plan dated 10/19/09, as amended by the Revised Tree Preservation Plan dated 12/10/12; 12. Landscape Plan dated 10/19/09, as amendment by the Revised Landscape Plan dated 12/10/12; 13. Rain Garden Landscape Plan dated 10/19/09; 14. Revised Exterior Elevations dated 12/10/12 15. Written Statement consisting of pages 1-3 dated 11 /02/09, as amended by the December 10, 2012, Letter from Sand Companied, Inc. B. All other provisions of the Agreement shall remain in full force and effect. 2 The parties acknowledge and agree to the terms and conditions of this Amendment No. 3 to the Arden Village Development Agreement: CITY OF ARDEN HILLS A Minnesota statutory city : Attest: Patrick Klaers, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ) David Grant Mayor On this day of , 2012, before me, a notary public within and for said county, personally appeared Stanley Harpstead, 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 3 Arden Village, LLC, a Minnesota limited liability corporation : Printed Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2012, before me, a notary public within and for said county, personally appeared , to me known to be respectively the of Arden Village, a Minnesota limited liability corporation, and owner of the above described property and they executed the fore�oin� instrument and acknowledged that they executed the same by authority of and on behalf of said corporation Notary Public THIS INSTRUMENT WAS DRAFTED BY: Meagan Beekman City Planner City of Arden Hills P:\Planning\Planning Cases\2009 (laserfiched)\09-021 Arden Village PUD, Plat, Rezoning (APPROVED)\2012 Development Agreement Amendment\Development Agreement Amendment No. 3.doc 4