HomeMy WebLinkAbout8B, PC 09-021 Arden Village Building Permit Extension�
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EN �iILLS
Request far Council Actian �
Prepared By: Meagan Beekman, City Planner � Council Meeting Date: May 9, 2011
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PC# 09-021— Arden Village Building Permit Extension
Budgeted Arnount: Actual.Amount; Funding Saurce:
NiA NIA N/A
Recommendation:
Approve Amending Section 5.0 Subd A.2 ofthe Arden Village Developrnent Agreement to
Extend the Building Perrnit Deadline for one year to June 30, 2012.
Supnortin� Documents:
1. Memorandum dated May 9, 201 I, from Meagan Beekman, City Planner.
2. Arden Village Development Agreement.
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EN HILLS
MEMORANDUM
DATE: May 9, 2011
TO: Honorable Mayor & City Counci3members
Patrick Klaers, City Administrator
FROM: Meagan Beekman, City Planner �`�
SUBJECT: Planning Case #09-021
Applicant: Arden Village, LLC
Property Location: 1296 County Road F
Request: Building Permit Extension
Repuested Action
Approve Amending Section 5.0 Subd A.2 of the Arden Village Development Agreement to
Extend the Building Permit Deadline for one year to June 30, 2012.
Background
Gn March 8, 20I0, the Arden HiIIs City CounciI approved a Preliminary and rinal Piat, IVlaster
and Final PUD, Rezoning, CUP Amendment, Comprehensive Plan Amendment, and
Development Agreement to permit Arden Village, LLC to construct a 55-unit apartment building
at 1296 County Road F. Section 5.0 Subd A.2 of the Development Agreement required Arden
Village to obtain a building permit for the development on or before June 30, 2011 (Attachment
A).
Since the initial approval of the project, Arden Village has moved forward with purchasing the
parcel, and has filed the Final Plat to subdivide the property with the County. Arden Village is
working with the Minnesota Housing Finance Authority (MHFA} on an application for housing
tax credits that wouId allow the project to be constructed. Arden Village did not receive funding
in the last MHFA funding cycle in October, but is reapplying and anticipates being awarded tax
credits this fall.
City ofArden Hills
City Council Meeting for May 9, Z011
C:IDOCUME-lIMEAGAN I.BEEILOCAL�/lTempIELF70/lO505_104516I05-09-I/-RegularMeeting-ArdenVillageExtenstion-Memo.doc
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The applicants are requesting a one-year extension on their deadline to submit for building �
permits in order to give them time to pull together their financing package, which includes the
housing tax credits.
The building permit extension would not change, extend, or alter any other aspect of the
approved Development Agreement.
Recommendation
Staff recommends approving the amendment to Section 5.4 Subd A.2 of the Development
Agreement for Arden Village, LLC to extend the building permit deadline to June 30, 2012.
Options
1. Approve the proposal as submitted.
2. Deny the application with reasons for denial.
3. Table for additional information.
Attachments
A. Arden Village Development Agreement
City ofArden Hills
City Council Meeting for May 9, 2011
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GIDOCUME�IIMEAGAN I.BEEILOCALS /ITemp1ELF20/1OSOS 104516105-09-1/-RegularMeeting-ArdenVillageExtenstion-Memo.doc
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Attachment
Arden Village Development
Agreement
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May 9, 2011, City Council Meeting
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C�TY OF ARDEN HILLS
ARDEN ViLLAGE
DEVEitiPA�ENT AGREEMENT
PC# 09-021
1.0 �ti���,�. This Deveiopment Agreement is dated the 8th day of March, 2010, and is
entered 'znta by and i�etween the City of Arden Hills, a iviinnesata statutory city
("City"); and Arden Village, LLC, a Minnesota Iimited liability corporation ("`Arden
Viltage").
2.0 Recita, l�.
A. llS Bank, Nationral Association, as Personai Representative of the Estate of —
George J. Reiling ("US Bank"} is the record awner of the fo]]owing described
property ("Property"} located in the City of Arden Hills, County of Ramsey, —
State of Minnesota to wit:
That part of the Northwest Quarter of the Northwest �
Quarter of the Northeast Quarter (NW 1/4 of 1VW �i"4 ofNE
',��} af Section 27, Township 30, Range 23, described as
follaws: Starting at the Northwest corner af ehe
NortheasC Quarter (NE �4} of Section 27; thence East on
� the North line thereof faur hundred and six (406) feet to
the place of beginning; thence East 208.75 feet alang the
Narth lin� of Sectian 27; thence South alang a]ine
which is paraltei ta and c�astant &�.�.?� feet Easterly of
the '(A�est line of said Nartheast Quarter {NE �/4} ta the
NQrth right-of-way line af interstate Highway #694;
thenee Nc�rthwesterly a]ong the North right-of-way line
af Interstate Highway #644 ta a point therean which is
located four hundred and six (406) feet Easterly of the
West line of said Nartheast Quarter �NE �14�; Chenee
North a line paraliel to and distant four hundred and six
(4Q6j feet East�rly of the West line c�f said Northeast ,
Quarter (NE �/4 � ta the paint af beginning. '
B. US Bank has agreed to convey the Praperty to Arden Village.
C. Arden Viitage wilt final piat the Property as Lots 1 and 2, Biock 1, Arden
Village. A medium density residential dweiiing wi1l be constructed on Lot 1,
Block 1, Arden Village. A ccrmmunications tower and accessory buildings are
currently located an Lot 2, Block l, Arden Viliage and will remain.
D. Qn the 9th day of November, 2409, Arden Village submitted an applicatiQn
requesting the approval af a Combined PreliminaryJFinat Pia� for Lois 1 and
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Z, Block 1, Arden Village ("Final Pla�'); a Comprehensive Plan Amendment for
Proposed Lot 1, Block 1, Arden Village to allow such Lots to be used for
multiple family purposes ("Comprehensive Plan Amendment"); a Rezoning of
Proposed Lot 1, Block 1, Arden Village from I-1 to R-4 ("Rezoning"); and
Amendment ta Conditional Use Permit for Planning Case 72-024 to reduce
the size of the parcel restricted by the conditions of such permit ("Conditional
Use Permit Amendmen�'); for a combined Planned Unit Development
Master/Final PIan which wauld apply to propQsed Lot 1, Block 1, Arden
Village ("PUD Plan"); all of which requests are herein referred to as the
"Arden Village Application".
E.
On the 18th day of February, the period for reviewing the Arden Village
AppIication was extended to the 23rd day of Mareh, 2010.
F. The Arden Village Application is illustrated and ciescribed on the following
documents ("Arden Village Redevelopment Plan Documents") attached and
incorporated herein.
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Preliminary Plat dated 11/02/49;
Grading and Paving Plan dated 11/Q2/09;
Utility Plan dated 11/02/09;
Trail Construction Plan dated 11/02/09;
Erosion Control Plan dated 11/02/09;
SiNV1iWP Narrative dated 11/02/09;
Existing Drainage Plan dated 11/02/09;
Proposed Drainage Plan dated 11/02/09;
Photometric Plan dated 10/28/09;
Site Plan dated 10/1g/09
Tree Mitigation Plan dated 10/19i09;
Landscape Plan dated 10/19/09;
Rain Garden Landscape Pian dated 10/19/09;
Exterior Elevations dated 10/19/09;
Written Statement consisting of pages 1-3 dated 11/02/09.
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� G. The Froject, which is described and illustrated on the Arden Village
Redevelopment Planned Documents, is hereinafter referred to as the "Arden
Village Project".
3.0 ,�`,y Plannin� Comm�,�ian Review and Recnmmens�ativns. On the 9� day t�f
December, 2009, at a public hearing, the Arden Hills Pianning Com�zission
considered the Arden Village Applicativn, the reports and cQmments c�f the City staff
and consu�tants, repc�rts and cvrnments of Arden Village, and other public
cc�mments; and, subject to conditians, recommended approval of: the Aarden Village
AppIicatic�n.
4A C� Counc i Re 'vaew• Qn the 8th day of March, 2010, the City �ouncil reviewed the
Arden Village ApplicaCion, the reports and recommendatians Qf the City staff and
consultants; the reports and requests of Arden Vil�age; and the recommendations af
the City Planning Commission; and, subject to the conditions contained Y�erein,
approved the Arden Village Application,
S.Q Terms and Conditions. In cansideration of the City's develapment approvals; in
compliance with the City's development regulations; and in consideration of the
undertakings expressed herein, the parties agree:
A. P�nned Unit Dev�lflnment.
� 1. The Arden Village Projeci shall be completed in accardanee with the
Arden Viliage Redevelopment Plan Dacuments as arnended by the
conditions of approval. Any significar�t change to the Arden Viltage
Redevelopment Plan Dc�cuments, as determined by the City Planner,
shall require review by the City Planning Cornmission; and review
and approval by the City Council.
2. Arden Village shalI obtain building permits on ar befare June 3Q,
2011, or Che PUD Plan approvaI shall expire uniess extended by the
City Councii prior to the appraval's expiraticsn date. Extension
requests shall be submitted in writing to the City staff at least 45 days
prior to the expiratian date.
B. Final P]at.
1. Arden Village shall �ile the Final Plat with Ramsey County c�n or
before March 8, 2U11, or, prior ta the issuance of any building permits
for the Arden Vfllage Project, �whichever evcnt occurs first
C. Conditi�naI LTse PermitAmen�men�.
1. The existing cammunicatian tower shali b� brought into compliance
wifih Conditional Use Permit 72-024, ar an amended CUP, prior to the
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issuance af any building permits, provided that, nathing herein sltall
be construed as an obligation for the City to approve additional
amendments to the Conditionat Use Permit 72-024.
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2. An updated structural analysis report, indicating that the tower is
structurally sound, shall be conducted and submitted to the City prior
to the issuance af any building permits fio confirm compliance with
the Conditionai Use Permit and City regulations.
3. Lot 2, Block 1, Arden Village shall be limited in use to a
communications tower and related equipment.
Gener�I Conditions af An roval.
1. Arden Village shall submit a financial surety in the Eorm of a
performance bond naming the City as a dual obligee or alternately at
Arden Village's discretion, a letter of credit in the amount of 125
percent of the cost of the landscaping and trailway improvements
prior to the issuance of anq building permits for the Arden VilIage
Project. Any financial surety shali subject to the review and approval
of the City Attorney as to its form and substance.
2. AII building plans shall he subject to Fire Marshal approval prior to
issaance of huilding permits for the Arden Village Project.
3. Ail final gradin� drainage, and utiIity plans shali be subject to
approval by the Public Works Director and Ciiy Engineer priar to the
issuance of any buiiding permits for the Arden Viilage Project.
4. Arden Village shall obtain approval from the Rice Creek Watershed
District and all other applicable permitting agencies prior to the
issuance of any permits for the Arden Village Project. Copies of such
permits shaIl be provided to the Gity prior to the issuance of any
permits.
5. Arden Vittage shall provide the required number of ADA parking
spaces. The ADA parldng space locations shaIl be subject to Building
Official approval.
6. Arden VilIage shall construct approximately 1,680 feet of bituminaus
trail along the south side af County Road F, which will connect the
Arden Village Project with Lexington Avenue. The trail shall be eight
feet in width with a four foot boulevard. The width of the trail and/or
baulevard may be reduced in areas for topographic, wedand and
utility conflict reasons, subject to the approval of the City Engineer
and Ramsey County. With this instailation construction of the trail,
Arden Village wiIl not be required to pay a Park Dedication fee to City.
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� 7. Arden Viliage shaII instalI an additianal five trees between Gounty
Road F and the Arden ViIlage Projec�t.
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The occupancy of the property shail he limit�d to no more than two
people per bedroom
9. Ardez� Village shall construct a six faot fenee along the eastern
property line such that it prevents access onto the Land 0'Lakes
property, subject to the approval of the City Planner, and canstruct a
six foot fence around the Land Q'Lakes caolin:g tower, subject to the
approval of Land 0'�.al�es,
10. Arden Village sha1I incIude the addendum to the Iease agreement
attached to their March 5, 2010, letter, subject to the review af the
City PIanner.
11. Arden Village shatl construct a six foot fence along the western
proper�r Iine such that it prevents access orno the Bethel University
property, subject to Che approva] aPthe City Fianner.
12. Arden Village shali provide s4und mitigation measures in the farm of
increasing the STC rating on the windows from Z8 ta 32.
� 13. Arden ViIlage shall pravide stone fa�ade treatments an a percentage
of the elevations of the building camparable to what was pravided on
the Maple ViIIage development in Maple Grove, MN as determined by
the City Planner.
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b.0 Contin�e,. ncies. City approvals of the Arden Viilage Application and publication of
the Rezoning are subject to Metropa}itan Councft approval af the Comprehensive
Plan Amendment, canveyance of the Property to Arc�en Village, recording af the
Final Piat, a�d exectztion of t�e Development Agreement on or before March 22,
241Q.
7.0 Waiver of Minngsota Chanter 15,99. Arden Village acknowledges that the Arden
Village Project requires financing, Metropolitan Council, and City approvals in order
to proceed. It will take more than 120 days to acquire aIi of the approvals;
consequently Arden VilIage waives the application of the provisions of Minnresota
Statute 15.99 io the City's review af the Arden Village Application and Arden Village
praject
8A Retationship of Pa ies. Na parrnership or jaint venfiures established between the
par�ies hereta by or under this Agreement ar any agreement referenced herein.
9.0 3uccessors and Assigns. This Agreement shaii be binding upon and inure to the
benefit a� the parties and their respected suecessars and assigns, including without
ti�nitation, any and all future and present owners, tenants, occupants, licensee,
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mortgagee and any ather parties with anp interest in the Reiling Property or in t-he
piats af Lots 1 and 2, Block 1, Arden Village.
10.0 �rnitation of Liabilitv. Not withstanding in this Agreement to the cantrary, the
liability af Arden Village shall be Iimited to its ownership of Lots 1 and 2, BIack 1,
Arden Village and the deveiapment of the Arden Village Praject Upan sale ar
conveyance of any portion af Lots 1 and Z, Bloc� 1, Arden Village, the transferee
shall lae liabie for aIi ob2igations af Arden Viilage which relate #o Lots 1 and 2, Black
2, Arden Viilage and the transferor shall be released from further obligation,
IiabiliCy, right or responsibility in respect to such transfer, provzded that the City
consents to th� t�ansfer, which cansent shail not be unreasonably vvithheld, and
further provided that all financiai sureties remain fuli farce and efFeet. Morec�ver,
nathing herefn shall be cc�nstrued to create a cause of action an behalf of the City
against Arden tTillage with respect ta its business c�perations �eyand the c�bligatio�s
set fvrth herein relating tc� the Arden Village Pro}ect.
11.0 Recordin� of Document. This Agreement shall run with the Property and shall he
recorded in the office af the Ramsey County Recorder or Registrar of Titles with
praof thereof shawn to the City prior ta the issuance af any permits for the Arden
Village Project
12.0 Governine ,aw. The City and Arden Viilage agree that the laws of the State of
Minnesota shaII gavern all questions and interpretafiions concerning the vaIidity and
construction of this Agreement and tl�e legal relations between the undersigrted
partaes and performance under it withoat regard to principals af eonflicts af iaw.
The Ianguage af this Agreement is and shall be deemed a result af negotiatians
among Che parties and Che respective Iegal council and sha]I nat be sfirictIy extrude
for Qr against any party. Each party agrees that any action arising out af or in
connection with this Agreement shaD be broczght solely in the courts af the Sfiate o�
Minnesflta, Fourth Judicial District, ar the United States District Caurt far the District
af MinnesQta.
13.0 Eve�nt of p�fauIt. The occurrence of any of the foIlowing shall be considered an
"event of default" and the terms and conditions cQntained in this Agreement
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FaiIure of Arden Village to camply with any af the terms and conditions
contained in this Agreement; and
Failure af Arden Vfllage ta camply with any applicable ordinance or statute
with respect to tl�e development ofthe Arden Village Project.
14.0 Rerne ies. Upon the occurrence of an event af default, the City, in additian t4 any
ather remedy which may be available ta it, shaA be permitted to da any of the
following;
1. City rnay make advances or take other steps to eure the default, and, where
necessary, enter the Property For that purpose. Arden VilIage shall pay al]
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� 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 or the maximum amount permitted by law if less than 10a/o. If no
action taken by the City pursuant to this section shall be deemed to relieve
Arden Village from curing any such defaults to the extent that it is not cured
by the City or from any other default hereunder. The City shall not be
obligated, l�y virtue of the existence or exercise of this right, to perform any
such act or cure any such default. Arden Village shall save, indemnify, and
hold harmIess, including reasonable atfiorney's fees, the City from liability or
other clamages 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 Arden
Village to specifically perform its obligations pursuant to the terms and
provisions of this Agreement
3. Exercise any other remedies which may be available to it, including an action
for damages.
4. Withhold the issuance of any buiiding permits and/or prohibit the occupancq
of all building 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, Arden Village shall pay the City alI fees
and expenses, including reasonable attorneys fees, engineering and
consultant fees incurred by the City as a result of an event of default, whether
or not a lawsuit or action is formall�r undertaking.
IN WITNESS WHEREOF, the City and Arden Viltage have caused this Agreement to
be executed as of the date and year first above written.
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CITY OF ARDEN HILLS,
a Minnespta statutory
ATTEST:
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Susan K. Iverson, Interim City Adminisirator
STATE OF MINNESOTA )
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C�UNTY OF ' �1 `' �� }
On this � day of �tG.4L 2010, before me, a notary pubIic within and for said
county, persanally appeared Stanley Harpstead and Susan K. tverson, to me known to be
respectively the Mayor and Interim City Administrator of the City of Arden Hills, and they
executed the foregoing instrument and acknowledged that they exec ed the same by
authority of and on behalf of City of Arden Hills. �.� ��> {' � %
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N{:. .
���'y ublic
gE rc „ �8Q811 E. B@@�Cfl1$It
NOTARY PUBLIC
` BTATE � AONNES07A
`=,•.:• riNy � �k�s 1�3f-1A1�
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US BANK, NATIONAL ASSUCIATION, a
Representative of the Estate George J.
Reiling
B :Q' � O �Z�
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Printed Name: � -� '� �ou.��c�
Title: � rc ts ?Rc: si� cti-�'
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STATE OF MINNESOTA }
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COUNTY OF � )
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On this t n day of � 2010, before me, a,}�ot ublic within and for said
caun t y, personall y ` I�. ivt • Q�( �u.dlte� , the �'f���scot� af U S B a n k,
National Association, a Representative of ihe Estate of George Reiling and he/they executed
the foregoing instrument and acknowledged that heJshe/they executed the same on behalf
of said corporation. �
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SHEtLA LACLAIR Notary Public
� NOTARY PUBUC - M{NNESOTA
My Commissian ExEqtes Jan. 31, 2E115
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ARDEN ViLLAGE, LLC, a Minnesota
limited liability campany
By:
Printed Name: �'�'�-���
Title: S� • ! � �-� •
STATE OF MINNESOTA
COUNTY OF � '��S
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) ss.
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On this 15 day of M� 2010, before me, a nofiary pubIic within and for said
county, personally '�am'� � t�.l .�e Sc$• �'�'T�"'�r,.o,. of Arden Village, a
Minnesota limited liability company, and owner of tl�e above described property and
he/she/they executed the foregoing instrument and acknowledged that he/she/they
executed the same on behalf of said corporat�on.
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THIS INSfRTiMENf WAc nrrn�rxp gy
Meagan Beekman, City Planner
City of Arden Hilis
1245 West Highway 96
Arden Hilts, MN 55112
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Notary Public
�\Metro-inetus\ardenhills\Planning\Planning Cases\2009\09-021 Mden Viltage PUD, Plat, Rezoning (PC Approved)\Arden Village
DevetopmentAgreement v8.doc
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