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HomeMy WebLinkAbout[10a] Amendment to Development Agreement 10(a) Council Agenda Item ___________ MEETING DATE: April 17, 2014 AGENDA ITEM: Amendment to Development Agreement SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council authorized execution of the Development Agreement on June 27, 1012 to allow the development of the Millstream Villages. The agreement was executed and recorded at the Office of the Stearns County Recorders’ Office BACKGROUND INFORMATION: The City was recently contacted by an appraiser questioning if the row homes or twin homes could be rented, and based on the development agreement, they must be owner occupied. The property is zoned R4 which allows for owner occupied if 55 and older. The application submitted at the time of development indicated that it was the intent to rent or sell the homes. While reviewing the minutes for the actions taken by the Planning Commission and Council, there is nothing that indicates the property was being held to a more restrictive guideline than allowed by Ordinance. Therefore, it appears as this was an error and the request is to amend the development agreement to allow the property owner the entitlements of the R4 Ordinance, allowing rental for 55+. BUDGET/FISCAL IMPACT: No direct ATTACHMENTS: Request for Council Action Proposed Amendment Extract of executed development agreement Extract of application REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the amendment to the Development Agreement for the Millstream Villages. THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ST. JOSEPH AMENDMENT TO DEVELOPER AGREEMENT (Mill Stream Village) THIS AMENDMENT TO DEVELOPER AGREEMENT, made and entered into this _ _ day of , 2014, by and between Village at CSB, LLC DBA Mill Stream Village, a Minnesota limited liability company and Collegeville Communities a limited liability company hereinafter collectively called the "Developer", and the College of St. Benedict, herein after referred to as the "property owner of Outlot B", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City" and collectively referred to as "Parties". RECITALS WHEREAS,the Parties entered into a Developer Agreement, dated June 27, 2012 (hereinafter referred to as"Developer Agreement"); WHEREAS,the Developer Agreement set forth the terms and conditions for the development of property described in Exhibit A hereto; WHEREAS, the Parties desire to amend a portion of the Developer Agreement; WHEREAS, the Developer Agreement provided that the row homes, also referred to as the Cottages, and the twin homes, also referred to as the Carriage Homes, were to be owner- occupied within the Project; and WHEREAS, the Parties desire to amend the Developer Agreement to provide that the row homes and referred to as the Cottages, and twin homes and referred to as the Carriage Homes, may be rental properties, so long as the row homes and twin homes are rented to persons 55 years or. older. 1 NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1. The Developer Agreement, dated June 27, 2012,between the Parties, is hereby amended to allow rental of the row homes and referred to as the Cottages, and the twin homes and referred to as the Carriage Homes,to persons 55 years or older. 2. All other terms and conditions of the Developer Agreement, dated June 27, 2012, shall remain in full force and effect. Signed and executed by the parties hereto on this day of , 2014. ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Rick Schultz City Administrator Mayor (SEAL) PROPERTY OWNER OF OUTLOT B DEVELOPER COLLEGE OF ST. BENEDICT VILLAGE AT CSB,LLC DBA MILLSTREAM VILLAGE By By SIGNATORY SIGNATORY TITLE TITLE STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2014, by Rick Schultz and Judy Weyrens, the Mayor and the City Administrator, respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said City. Notary Public 2 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2014, by , the CHIEF MANAGER of Villages at CSB, LLC DBA Mill Stream Village a limited liability company executed the above Agreement on behalf of said company. Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2014, by , the CHIEF MANAGER of Collegeville Communities a Minnesota limited liability company executed the above Agreement on behalf of said company. Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2014, by , the CHIEF MANAGER of the College of St. Benedict, a non-profit corporation executed the above Agreement on behalf of said company. Notary Public 3 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich— 5284X Jovanovich, Kadlec &Athmann, PLLP. 1010 W. St. Germain, Suite 420 St. Cloud, MN 56301 Telephone: (320) 230-0203 4 EXHIBIT A Lot 1, Block 1 and Lot 1, Block 2 and Colman Court and College Circle and Outlot A and Outlot B of College 3rd Addition, CIC Number 110 A Planned Community Mill Stream Village according to the recorded plat thereof as is on file in the office of the County Recorder, Steams County, Minnesota. 5 / T OFFICE OF COUNTY RECORDER STEARNS COUNTY, MINNESOTA Document: A1374199 Certified, Filed, and/or Recorded on July 16, 2012 4:28 PM DIANE GRUNDHOEFER STEARNS COUNTY RECORDER CITY OF ST.JOSEPH DEVELOPER AGREEMENT (Mill Stream Village) THIS AGREEMENT,made and entered into this 47 day of aN. , 2012, by and between Village at CSB, LLC DBA Mill Stream Village, a Minnesota limited liability company and Collegeville Communities a limited liability company hereinafter collectively called the "Developer", and the College of St. Benedict, herein after referred to as the "property owner of Outlot B", and the City of St. Joseph, Minnesota,a municipal corporation,hereinafter called the"City". RECITALS WHEREAS, the Developer is the owner or has the right to certain Real Property as described in Exhibit A (herein after called the "Property" or "Development" or "Development Property"), located within the City of St. Joseph,which is being platted as College 3`d Addition,; WHEREAS, the Developer intends to subdivide and develop the Property as a phased mixed residential use Planned Unit Development("PUD")consisting of the uses as identified in Exhibit B. All proposed uses will meet the zoning requirements of the St. Joseph PUD Ordinance, Special Use Requirements, and R-4 Townhouse District Ordinance, with modifications to the R-4 Townhouse District Ordinance as approved by the City through the PUD process as set forth herein; WHEREAS, the Developer has submitted to the City for approval the Preliminary Plat drawing and mixed residential use PUD,and drawings listed on Exhibit C attached hereto and herein referred to as the "Project"; WHEREAS, it is the intention of the Developer to subdivide and develop the Development Property under the PUD Ordinance by obtaining certain variances to required setbacks in accordance with the R-4 Townhouse District Ordinance and PUD Ordinance of the City of St. Joseph;variances are as follows: 1 SCR / of yam, • A. Variance to front yard setback for Units 1-16. Minimum setback shall be fifteen(15)feet. B. Variance to front yard setback for Units 17, 20, 21, and 24. Minimum setback shall be twenty (20)feet. C. Variance to side yard setback Unit 16.Minimum setback shall be twenty-one(21)feet. D. Variance to rear yard setback, Units 17-24. Minimum setback shall be eight(8) to thirty (30) feet E. Distance between buildings (Units 2 and 3, units 4 and 5, units 12 and 13, and units 14 and 15).Minimum distance between buildings shall be not less than 12 feet. F. Setback from nearest structure to the proposed high water mark of storm water pond shall not be less than 37 feet. WHEREAS, the Developer has submitted to the City for approval the Preliminary and Final Plat entitled CIC Number 110, A Planned Community Mill Stream Village(Plan) and College 3`d Addition(Plat)and variance requests providing for a mixed residential development under the PUD Ordinance;and WHEREAS, the Developer has submitted to the City a rezoning request for the subject property from Agricultural to R-4 Townhouse/Patio Home Residential District. WHEREAS, while the Developer has submitted platting documents, the submittal did not include the required landscape plan. Building permits will not be issued until the landscape plan has been submitted and approved by the City Engineer and Public Works Director. WHEREAS, for the purpose of this development agreement,the following terms shall have the following meanings: A. Cottage Home also referred to as Cottages With Services in the Common Interest Community 101 planned community Mill Stream Village Declaration—Residential dwelling unit consisting of eight units with services are specifically as limited and as provided under Mn. Stat. 144D as may be amended. Cottages with services are defined as establishments providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment. Cottages with services shall be leased within the Project. B. Row homes also referred to as Cottages in the Declaration—one level, single family dwelling units in a series of four attached units each with a separate ingress/egress.Row homes are to be owner occupied within the Project C. Twin homes also referred to as Carriage Homes in the Declaration- two attached dwelling units within one structure each sharing only one common,un-pierced wall from ground to roof with each two unit structure being separated from any other building or structure by space on all sides. Separate ingress/egress to each housing unit is required.Twin homes are to be owner • occupied within the Project. 2 SCR .2 of `lam 6 Adjacent property owners may be positively benefited by increased property values if the proposed high-quality residential homes are constructed.Additionally,maintenance and replacement of existing public infrastructure may be shared by more residents resulting in lower assessment costs. For the College and Monastery of St Benedicts,the Village at CSB could financially benefit them through land purchase, utility cost-share,increased publicity from hosting a multi-generational housing project and increased planned giving from residents. Potential negative impacts to surrounding neighbors include a reduction in aesthetic value during construction,a reduction in nearby greenspace(i.e.,former alfalfa field)and increased traffic. Negative environmental impacts to adjacent neighbors include increased noise,dust,fuel combustion and traffic during construction. Net greenhouse gas emissions will likely increase as the site is converted from agricultural land to impervious surfaces such as roofs and driveways.The City well and sewer systems will experience significant increase in volume which puts pressure on soil,ground and surface water resources. Potential positive impacts on environment include the adoption of perennial cover(i.e.,turf,shrubs, trees)and increased wildlife habitat on some of the land.Increased housing densities reduce land area dedicated to residential housing and leave more land for wildlife,conservation,recreation and agriculture.The location of the development in the core of the city may reduce traffic and increase walking to downtown amenities. H.PUD:provide a statement that generally describes the proposed development and the market which it intends to serve and its demand in relation to the city's comprehensive plan and how the development is designed,arranged and operated in order to permit the development and use of neighboring property in accordance with the regulation and goals of the city. Described Proposed Development The Village at CSB is a residential development offering housing for sale and lease to older adults. The Village is a 55 plus age-restricted development with proposed access to the College amenities. There are five proposed residential options:three homes for sale ranging from 900 to 1500 square feet and two units for lease ranging from 700 to 900 square feet.All units are thoughtfully designed by GLT Architects of St Cloud and include Universal Design standards,single-level living and barrier-free entrances.The homes for sale start at$160,000 and the units for lease start at$1900 per month.The Villages are organized as a Common Interest Community,where owners own their homes to the foundation,have exclusive access to an area immediately around their home,and own in common the balance of the land within the development.There is a generous landscaping allotment for the Village and exteriors include cement board siding of various textures,restricted color palate,cedar garage • doors,elaborate front porches and lots of green space. Market it intends to serve The proposed development intends to service the housing needs of individuals who are older than 55 years.The wide range of housing options and prices available will be able to accommodate people of all