HomeMy WebLinkAbout4D, Final PUD Permit for Traverse
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_HILES
Request for Council Action
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Prepared By: James Lehnhoff, City Planner
Council Meeting Date: July 14, 2008
Building Permit Extension for the Final PUD Permit for the
Traverse Business Center
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
Approve Amending Section 3.0 Subd B.1.a of the Final Planned Unit Development
Permit for the Traverse Business Center to Extend the Building Permit Deadline for
Phase I to July 30, 2009.
Supporting Documents:
1. July 30, 2008, Memo to the City Council
2. Final Planned Unit Development Permit
3. June 2, 2008, Letter from CMK Arden Holdings/Chesapeake
4. Amendment No.1 to the Final Planned Unit Development Permit
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_EIIEES
MEMORANDUM
DATE: July 14, 2008
TO: Mayor & City Council
FROM: James Lehnhoff, City Planner
SUBJECT: Building Permit Extension for the Final PUD Permit
Traverse Business Center
CMK Arden Holdings (Chesapeake Companies)
Planning Case #06-040
Reauested Action
Approve Amending Section 3.0 Subd B.1.a of the Final Planned Unit Development Permit for
the Traverse Business Center to Extend the Building Permit Deadline for Phase I to July 30,
2009.
Back1!round
On October 29, 2007, the Arden Hills City Council approved the Final Planned Unit
Development (PUD) permit for 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 comer of Interstates 35W and 694. The final PUD application was reviewed in
Planning Case 06-040. Section 3.0 Subd B.1.a of the Final PUD Permit required CMK to obtain
a building permit for Phase 1 of the development on or before July 30, 2008 (Attachment A).
Due to market conditions and other factors, CMK has been unable to sign a tenant (Attachment
B). Therefore, CMK is requesting a one year extension of the building permit deadline for Phase
I, which is permissible with Council approval.
The building permit extension request for Phase I does not change or extend any other part of the
Final PUD permit.
City of Arden Hills
City Council Meeting for July 14, 2008
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Recommendation
Staffrecommends approving the amendment to Section 3.0 Subd B.1.a of the Final Planned Unit
Development Permit for the Traverse Business Center to extend the building permit deadline for
Phase I to July 30, 2009.
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 - June 2, 2008, Letter from CMK Arden Holdings/Chesapeake
C - Amendment No. 1 to the Final Planned Unit Development Permit
City of Arden Hills
City Council Meeting for July 14, 2008
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Attachment A
Final PUD Permit
October 29, 2007
July 14, 2008, City Council Meeting
PLANNED UNIT DEVELOPMENT PERMIT
TRAVERSE BUSINESS CENTER
CITY OF ARDEN HILLS
PC# 06-040
1.0 Planned Unit Development Permit. This Planned Unit Development (PUD)
Permit is dated the 29th day of October 2007, and is issued by the City of Arden
Hills, a Minnesota statutory city (the "City"), to CMK Arden Holdings, a
Minnesota Limited Partnership its successors and assigns ("Applicant") for the
planned unit development of the Traverse Business Center subject to the terms
and conditions contained herein.
2.0 Recitals.
A. Applicant is the fee owner of the following described property situated in
Arden Hills, Ramsey County, Minnesota (Property):
See Exhibit A attached
B. On the 19th day of June, 2007, Applicant submitted a completed
Application for the Final Plan PUD for Phases I and II of the Traverse
Business Center on the Property (the "Application").
C. It is anticipated that the Traverse Business Center will be developed in
three (3) phases. Each Phase of the PUD shall require a separate
Development Agreement which must be approved by the Arden Hills City
Council before the issuance of any Building or Development Permits for
each particular Phase of the Development. Phase I will consist of a
203,400 square foot six (6) story office building and other improvements
as required in the Phase I Development Agreement. Phase II will consist
of a 261,600 square foot eight (8) story office building and other
improvements as required by the Phase II Development Agreement.
Phase III will consist of a 30,000 square foot or less office building and
other improvements as required by the Phase III Development
Agreement.
D. On the 11th day of July, 2007, the Arden Hills Planning Commission
reviewed the Application, the reports and comments of the Arden Hills
staff and consultants, the comments of the Applicant and members of
the public who chose to speak, and, at the conclusion of the meeting,
recommended that the Arden Hills City Council approve the Final Plan
PUD for Phases I and II for the Traverse Business Center subject to
certain conditions.
E. On the 30th day of July, 2007, the Arden Hills City Council reviewed the
Application, the reports and comments of the City's staff and
consultants, the comments of the Applicant and members of the public
who chose to speak, the recommendations of the Planning Commission
had approved the Final Plan PUD of Phases I and II for the Traverse
Business Center subject to the terms and conditions contained herein.
3.0 Terms and Conditions of Permit.
A. The Final Plan PUD for Phases I and II of the Traverse Business Center
Project consists of the following documents, drawings and illustrations
(Final PUD Plans) which are maintained at the City of Arden Hills in
Planning Case file no. 06-040.
1. The Final PUD Project Information Sheets prepared by Chesapeake
Companies and dated June 11, 2007.
2. The Final PUD Project Narrative prepared by Chesapeake
Companies and dated June 11, 2007.
3. The Traverse Business Center-Arden Hills, MN Proposed Plan Unit
Development Designs Standards prepared by Dahlgren, Shardlow
and Urban Inc. and by Pope Architects dated February 2000 and
revised June 2007.
4. The Boundary Topographic Location and Utility Survey for CMK
Arden Holdings consisting of four (4) sheets and prepared by Sunde
Land Surveying, LLC and dated May 22, 2007.
5. The Final PUD Submittal consisting of four (4) sheets (existing
conditions C-1, Land Mitigation Plan C-2, Site Plan C-3, Grading
and Drainage Plan C-4) prepared by Sunde Land Surveying, Inc. and
Pope Associates, Inc. and dated June 11, 2007.
6. The Final PUD Submittal consisting of five (5) sheets (Site Plan- A-
1.1, elevations -A-1.2), site section signage -A-1.3 and A-1.3-2,
and renderings-A-1.4) prepared by Pope Associates, Inc. and dated
June 11, 2007
7. The Final PUD Landscape Plan prepared by INSITES Site Planning
Landscape Architect Inc. and Pope Associates, Inc. dated June 11,
2007.
8. Final PUD Building and Monument Signage statement prepared by
CMK Arden Holdings and dated June 11, 2007
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B. Compliance. The Traverse Business Center shall be developed on the
Property in compliance with the Final PUD Plans for Phases I, II, III
except as hereinafter modified.
1. Phasing of Development/Expiration of PUD Permit.
a. On or before July 30, 2008, 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, 2008,
and shall detail the Applicant's reasons for the extension
request.
b. On or before July 30, 2011, Applicant 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, 2011
and shall detail the Applicant's reasons for the extension
request.
c. Phase III has only received Master PUD Plan approval. On
or before July 30, 2012. Applicant 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, 2012 and shall detail the
Applicant's reasons for the extension request.
d. Applicant shall submit a progress report regarding the
status of Phases I, II and III to the Arden Hills City Council
at the first regular meeting in the month of December of
each year commencing in December of 2007.
2. Landscaping.
a. The Applicant shall submit a landscaping Phasing Plan for
Phases I and II. The Phasing Plan shall be subject to the
Arden Hills City Planner approval. The Landscaping Plan for
Phase I shall be capable of creating a finished look for
Phase I in the event Phase II is not pursued.
b. The Applicant shall provide at least 178 over story trees for
Phases I and II.
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c. Prior to the issuance of Building Permits for a particular
Phase, Applicant shall submit a financial security in the
amount of 125% of the costs of the Landscaping
Improvements.
3. Lighting. The Applicant shall submit a lighting plan that conforms
to the Master PUD's Design Standards prior to the issuance of a
Building Permits. The Lighting Plan shall be subject to the Arden
Hills City Planner's approval.
4. Pedestrian Way. The Applicant shall modify the submitted plan to
include a pedestrian connection to the Gateway Blvd. cul-de-sac.
The revised plan shall be submitted prior to the issuance of
Building Permits for Phase I.
5. Replatting of Property. The Applicant shall replat the Property
prior to the issuance of any Building Permits. The Applicant shall
submit a Preliminary Plat Application on or before January 30,
2008 unless an extension is approved by the Arden Hills City
Council. A request for and extension must be submitted to the
City Planner at least forty-five (45) days prior to January 30, 2008
and shall detail the Applicant's reasons for the extension request.
The Applicant shall pay park dedication fees as established by the
Arden Hills City Council at the time of Final Plat approval for the
replatting of the Property.
C. Amendments. This PUD Permit may be amended as provided in the
City's Zoning Regulations.
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The parties acknowledge and agree to the terms and conditions of this PUD
Permit
CITY OF ARDEN HillS,
a Minnesota statutory city
Stanley D. Harpstead, MAYOR
ATTEST:
Ronald J. Moorse, City Administrator
STATE OF MINNESOTA
)
) SSe
)
COUNTY OF
On this _ day of , 2008, before me, a notary public within
and for said county, personally appeared Stanley Harpstead and Ronald Moorse, to me
known to be respectively the Mayor and City Administrator 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 City of Arden Hills.
Notary Public
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Attachment B
July 14, 2008, City Council Meeting
Extension Request from
CMK Arden Holdings
July 2, 2008
CHESAPEAKE
June 2, 2008
Mr. James Lehnhoff
City Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Re: Final PUD Building Permit Extension
Dear Mr. Lehnhoff,
As per Section 3'.0.8.1.a. of the Planned Unit Development Permit, CMK Arden
Holdings is requesting an extension of the deadline for the requirement to apply
for a building permit tor Phase I to July 30, 2009.
CMK requires a lead tenant in order to commence construction of Phase I. CMK
has been actively marketing the project through brokers and direct
communication with prospective lead tenants. Due to market conditions and
various other factors such as location of tenant's work force, CMK has not been
able to sign a lead tenant Without a lead tenant, we can not comply with the
application requirement for Phase I of the Planned Unit Development Permit and
are requesting an extension at this time.
Sincerely,
CMK Arden Holdings
A&~~
(d'
Diane Johnson
Project Manager
CHESAPEAKE COMPANIES
601 CARLSON PARKWAY, SU1TE 900 - MJNNETONKA, MINNESOTA 55305 - 952/847.2444 - CHESAPEAKECOMPANIES.COM
Attachment C
Amendment No. 1 to the Final PUD Permit
July 14, 2008, City Council Meeting
PLANNED UNIT DEVELOPMENT PERMIT
AMENDMENT NO. 1
TRAVERSE BUSINESS CENTER
CITY OF ARDEN HILLS
PC# 06-040
1.0 Parties. This Amendment No.1 to the Planned Unit Development Permit is
dated the 14th day of July, 2008 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") .
2.0 Recitals.
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.a of the Planned Unit
Development Permit as hereinafter specified.
3.0 Terms 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.a is hereby amended in its entirety to read as
follows:
a. On or before July 30, 2009, 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, 2009, 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. 1 to the Planned Unit Development Permit:
CITY OF ARDEN HILLS
By:
Stanley Harpstead
Mayor
STATE OF MINNESOTA )
) SSe
COUNTY OF )
On this day of , 2008, 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
2
CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota
Limited Partnership
By:
Its: President
STATE OF MINNESOTA )
) SSe
COUNTY OF )
On this
within and
, 2008, before me, a notary public
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.
day of
for
said
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
James Lehnhoff
City PLanner
City of Arden Hills
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