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Home My WebLink About[04e] Development AgreementGI7'1 Qk~ ~3T. Jt)SM PH MEETING DATE: Council Agenda Item 4 e February 21, 2008 AGENDA ITEM: Development Agreement -Authorize the Mayor and Administrator to execute an amendment to the Millstream Shops and Lofts Development Agreement amending the type of residential units. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has reviewed the request of Collegeville Development Group to change the type of residential units-for the Millstream Shops and Lofts Project and has recommended the Council approve. PREVIOUS COUNCIL ACTION: As part of the Platting and Approval process for the Millstream Shops and Lofts, the City entered into a Development Agreement between the City and Collegeville Development Group. BACKGROUND INFORMATION: As part of the Planning process the City requires all developers to execute a development agreement to memorialize the site plan. The Development Agreement for the Millstream Shops and Lofts detailed the types of bedrooms. This provision is always included in the DA as parking requirements change as the configuration is altered. In the particular case of Collegeville Development Group a variance for parking was required for the original structure. The Planning Commission required that the residential parking requirements be fulfilled and relief could be provided on the commercial parking needs. The revised configuration creates the need for two additional parking spaces. Collegeville Development Group has indicated that the two spaces can be added to the site plan, placing one at the end of each garage structure. The plan presented to staff for review did not include any measurements verifying that the additional space is available without encroaching the ROW. The Planning Commission has requested a revised site plan with measurements before the amendment is executed. BUDGET/FISCAL IMPACT: ATTACHMENTS: Agreement. Proposed Amendment, Site Plan, Extract of Development REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the amendment to the Development Agreement between the City of St. Joseph and Collegeville Development Group. AMENDMENT TO CITY OF ST. JOSEPH DEVELOPER AGREEMENT (For Millstream Shops and Lofts PUD Project) THIS AMENDMENT TO THE CITY OF ST. JOSEPH DEVELOPER AGREEMENT FOR MILLSTREAM SHOPS AND LOFTS PUD PROJECT, made and entered into this day of 2008, by and between Collegeville Development Group, LLC., a Minnesota limited liability company, and Collegeville Communities, LLC., a Minnesota limited liability company, hereinafter jointly called "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WITNESSETH: WHEREAS, the Developer and City entered into a Developer Agreement for Millstream Shops and Lofts PUD Project, dated June 27, 2007 (hereinafter "Developer Agreement"), for the following described property located within the City of St. Joseph: Lot 1, Block 1, and Lot 1, Block 2, Millstream Plat, St. Joseph, Stearns County, Minnesota WHEREAS, the Developer and City desire to amend Section 3.2(m) of the Developer Agreement. WHEREAS, Section 3.2(m) of the Developer Agreement stated that there would be 14 residential units in the PUD consisting of 6single-bedroom units and 8 double-bedroom units. 1 WHEREAS, the City and Developer desire to amend Section 3.2(m) of the Developer Agreement to provide that the residential uses shall consist of 14 residential units consisting of 5 single-bedroom units and 9double-bedroom units. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.0 That portion of Section 3.2(m) dealing with residential uses shall be changed to provide that the PUD shall have 13 residential units consisting of 3single-bedroom units and 9 double-bedroom units and lthree-bedroom ants. 2.0 All other provisions of the Developer Agreement, dated June 27, 2007, shall remain the same and shall continue to have full force and effect as specified in the June 27, 2007, Developer Agreement. Signed and executed by the parties hereto on this day of , 2007. ATTEST CITY OF ST. JOSEPH By By Judy Weyrens City Administrator Alan Rassier Mayor DEVELOPER/COLLEGEVILLE DEVELOPMENT GROUP, LLC. By Name Title DE VELOPER/COLLEGE MLLE COMMUNITIES, LLC. By Name Title 2 STATE OF MINNESOTA ) )ss COUNTY OF ) This instrument was acknowledged before me on , 2008 by Alan Rassier and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) )ss COUNTY OF ) This instrument was acknowledged before me on , 2008 by ,the of Developer/Collegeville Development Group, LLC. executed the above Agreement on behalf of said corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL 3 STATE OF MINNESOTA ) )ss COUNTY OF This instrument was acknowledged before me on , 2008 by the of Developer/Collegeville Communities, LLC. executed the above Agreement on behalf of said corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS DOCUMENT DRAFTED BY: Thomas G. Jovanovich - 5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, MN 56302 Telephone: (320) 251-1055 4 Planning Commission Agenda Item - CITY OF KT. J[~Si%PH MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: February 4, 2008 Amendment to the Millstream Shops and Lofts Administration PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has previously approved the development plan for Collegeville Development for the Millstream Shop and Lofts which included six one bedroom and 8 two bedroom. BACKGROUND INFORMATION: The City has executed a development agreement between Collegeville Development and the City of St. Joseph. This agreement specifies the number and types of units. Further, this project received a variance on the parking requirements and the change in configuration adds density. Therefore, the Planning Commission needs to review this request and make a recommendation to the City Council. ATTACHMENTS: Letter of request and map; proposed amendment REQUESTED PLANNING COMMISSION ACTION: Provide direction to the staff as to whether or not forward the amendment to the City Council. Judy Weyrens From: Nathan Woodworth [noodworth@coflegevillecommunities.com] Sent: Tuesday, January 22, 2008 6:10 PM To: Judy Weyrens Cc: Jon Petters; Jim Degiovanni Subject: Mill Stream PUD Attachments: 2 additional parking spots.pdf Hi .Judy, Here is the letter explaining the changes we would like to make. Please let me know if you see any problems or if there is any additional info I should include. Should I plan to attend the next planning meeting to present this? Please let me know. Thank you! -nath~rT' Attn Judy: To St Joe Planning Commission: Re: Mill Stream PUD The construction of Mill Stream Shops and Lofts is well underway. Sales of Lofts to date have been excellent with 10 of 14 units sold. Our original design called for 6 1 bdrm units and 8 2bdrm units. We have seen a markedly higher interest in the larger units. It is our hope to alter the configuration of three of the units. One 1 bdrm + den unit would be changed to a 2bdrm and 2 1 bdrm units would be combined to a single 3bdrm unit. The net effect on parking requirements will be to add two spaces. (3 1 bdrm units require 1.5 spots each for a total of 4.5) (a 2bdrm requires 2.5 and a 3bdrm requires 4 for a total of 6.5) Collegeville Communities plans to pave two additional spaces indicated on the attached site plan to meet this requirement. The effect on the taxable value and the TIF note will be negligible as the projected sales values are near identical (3 * 1bdrm = $300,000 vs 2bdrm @ $130,000 + 3bdrm @ $165,000) The overall size of the building will remain unchanged just the interiors reconfigured. Thanks for your attention. Best Regards, Nathan Nathan Woodworth, Broker Vice-President Corporate Sales Collegeville Companies 1015 West St.Gerznain Suite 340 St. Cloud, MN 56301 Office: 320.654.0762 Cell: 507.254.4947 Fax: 320.654.0790 W N N Q U us t (#~ ~. a v c ~_ r ~. d d --~ 3 O +~ O 'B C .Y a L N N Q! c_~ i c at v c v Q v v O V w. ~ ~ ~ i ~ c =~ :rr O =.~ u. ~ n ~ v ~= ,~„ ..~ t> ~ *' ~ o `~ ~ ., e~ .~ ~ G1 ~+' L q} T3 ~ ~f ~~"w. (K ~ a '^ L hl ~~ f ! Y n ~~ ~ 1 ti Q a, ~, CITY OF ST. JOSEPH DEVELOPER AGREEMENT (For Millstream Shops and Lofts PUD Project) THIS AGREEMENT, made and entered into this ~~day of June, 2007, by and between Collegeville Development Group, LLC., a Minnesota llmrted liability company, and Collegeville Communities, LLC., a Minnesota limitd liability company, hereinafter jointly called "Developer", and the City of St. Joseph, Minnesota; a municipal corporation, hereinafter called the "City". WITNESSETH: WHEREAS, Collegeville Development Group has purchased the following described property located within the City of St. Joseph: Lot 1, Block 1, and Lot 1, Block 2, Millstream Plat, St. Joseph, Stearns County, Minnesota WHEREAS, Collegeville Development Group and Collegeville Communities, LLC. wish to develop the above-described property as a mixed density development consisting of the following anticipated commercial'uses: 25% restaurant, 25% office, and 50% general retail, and following residential uses: 14 residential units of 6 sixigle bedroom units and 8 double bedroom units .under the St. Joseph PUD Ordinance; WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto and herein referred to as the "Project"); WHEREAS, it is the intention of the Collegeville Development Group and Collegeville Communities, LLC. to replat the above-described property under the PUD Ordinance of the City of St. Joseph;