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Home My WebLink About[05] PUD Amendment,Jon Petters Planning Commission Agenda Item 5 CITY OF ST.JOSEPH MEETING DATE: December 12,2016 AGENDA ITEM:Public Hearing,Mill Stream Shops&Lofts—Planned Unit Development(PUD) Amendment SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve PUD Amendment PREVIOUS PLANNING COMMISSION ACTION: Approved the PUD and Plat in 2007. BACKGROUND INFORMATION: Mill Stream Shops LLC has requested a PUD Amendment to remove the designated commercial percentages for Mill Stream Shops and Lofts.Mill Stream Shops and Lofts located on the corner of College Avenue North and Minnesota Street East was a redevelopment project constructed in 2008.The two story 23,706 SF mixed use development has commercial at ground level and residential on the second level.It is within the core of the City's Downtown in the B-1 Central Business District and Planned Unit Development(PUD)overlay District.The residential portion consists of 13 residential units and the commercial portion consists of six suites occupying 12,300 SF. The PUD allows for the following designated commercial uses: 25%Restaurant(3,075 SF) 25%Office(3,075 SF) 50%General Retail(6,150 SF) The purpose of the request is to accommodate the expansion of Bello Cucina Restaurant and to remove the percentage maximums allowed for specific businesses. Currently,Bello Cucina occupies 3,050 SF and is proposing to expand an additional 1,290 SF. The addition would be in half of the space previously occupied by On a Lark. The addition would provide for additional seating, storage and a restroom. The off-street parking was approved at 42 spaces in which 28 were required for residential and 14 for commercial. The paved parking lot to the north behind the building provides 48 spaces(32 surface spaces and 16 garage spaces). The PUD requires that off-street parking be provided for the residents and employees. The PUD and the City's parking ordinance allows for alternative parking arrangements within the City's Downtown to accommodate redevelopment and expansions. This includes relief from strict off-street parking requirements. Public street parking provides parking for customers of the commercial uses as approved for in the PUD. ATTACHMENTS: Request for Planning Commission Action Public Hearing Notice Amendment to Developer Agreement Application for PUD Amendment Bello Cucina Addition Plan REQUESTED PLANNING COMMISSION ACTION: Staff recommends approving the PUD Amendment contingent on providing rear building access and off-street parking (north lot) to customers, along with making customers aware of this. Motionl: Move to Recommend Approval/Tabling/Denying of the request for a PUD Amendment for Mill Stream Shops and Lofts to amend the allocation of the designated commercial uses. City of St.Joseph Notice of Public Hearing on the proposed Planned Unit Development Amendment Mill Stream Shops &Lofts The St. Joseph Planning Commission will hold a public hearing in the St. Joseph City Hall, 25 College Avenue N on Monday, December 12, 2016 at 6:00 P.M., or as soon thereafter as the matter may be heard, to hear all persons present upon the proposed planned unit development (PUD) amendment for Mill Stream Shops & Lofts as submitted by,Mill Stream Shops,LLC., applicant and owner; for property located east of College Ave. N and north of Minnesota Street East and legally described as CIC # 97 Mill Stream Shops & Lofts and CIC # 97 Mill Stream Shops & Lofts First Supplemental CIC Plat. The purpose of the request is to facilitate the expansion of a restaurant and to remove the percentage maximums allowed for specific businesses. Judy Weyrens Administrator Publish: December 2, 2016 AMENDMENT TO CITY OF ST.JOSEPH DEVELOPER AGREEMENT (For Mill Stream Shops and Loft PUD Project) THIS AMENDMENT TO DEVELOPER AGREEMENT (hereinafter "Amendment"), made and entered into this day of , 2016, by and between Mill Stream Shops, LLC, hereinafter called "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the"City". RECITALS: WHEREAS, the Developer is the Owner of certain Real Property known as Mill Stream Shops and Lofts, which is legally described as follows (hereinafter called the "Property" or "Development"or"Development Property"): Lot 1, Block 1, and Lot 1, Block 2, Mill Stream, St. Joseph, Steams Country, Minnesota [Subsequently platted as: Common Interest Community Number 97, Condominium, Mill Stream Shops & Lofts and Common Interest Community Number 97, Condominium, Mill Stream Shops &Lofts First Supplemental CIC Plat]; and WHEREAS, the Developer and the City entered into a Developer Agreement for Mill Stream Shops and Lofts PUD Project on June 27, 2007 as Document No. 1233811 and amended on February 21, 2008 as Document No. 1306759 with Steams County Recorder's Office (hereinafter"Developer Agreement"; and WHEREAS,the Developer and City desire to amend Section 3.2(m)of the Developer Agreement with the express understanding and agreement that all other provisions of the Developer Agreement shall remain in full force and effect. NOW, THEREFORE, in consideration of the property and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. That portion of Section 3.2(m)related to commercial uses be amended as follows: 1 The PUD will be a mixed development consisting of the following Commercial Uses: Restaurant,Office and General Retail. 2. The Developer and City agree that all other terms, conditions and requirements set forth in the Developer Agreement, dated June 27, 2007 and as amended February 21, 2008, shall remain in full force and effect. 3. This Amendment and the Developer Agreement between the Developer and City constitute the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, beyond those specified in this Amendment and the Developer Agreement. 4. This Amendment shall be binding upon the parties, their heirs, successors and/or assigns. IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Developer has caused this Amendment to be duly executed in its name and behalf on or as of the date first written above. Signed and executed by the parties hereto on this day of , 2016. ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Rick Schultz City Administrator Mayor DEVELOPER Mill Stream Shops, LLC. By Jon Petters Owner of Mill Streams Shops, LLC STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2016 by Rick Schultz 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 2 (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) )ss COUNTY OF ) On this day of , 2016,before me, a notary public within and for said County,personally appeared Jon Petters,to me personally known, who,being each by me duly sworn, did say that he is the Owner of the company named in the foregoing instrument, and acknowledged said instrument to be the free act and deed of said company. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS DOCUMENT DRAFTED BY: City of St. Joseph 25 College Ave N PO Box 668 St. Joseph, MN 56374 3 sh‘AA941/44' City of St. Joseph Application for Subdivision Review CITY OF ST. JOSEPH Application is hereby made for: (Applicant must check any/all appropriate items) Preliminary Plat Final Plat Review )( Planned Unit Development Land Use Amendment Rezone APPLICANT INFORMATION: Applicant MALL- 'S T M-A IA, ,5ROPG, Lc.. C /) Phone: 3GPg —7/o5 0 Email: Q�1 Cd ��9e ✓' `/e. (// z ‘.../ d Mailing Address: 15" g /y) r nrieSc /614 Property Owner: A yr 1F Phone: 363 -71/05 6 Email: it cr". GO tie, ea; Ile . b . 2 Mailing Address: IS— E.. /71 n /1 Gc5 i/ ,54 (3°0, /e /0 l • PROJECT INFORMATION: Parcel Identification Number(s)of Property: Legal D scription of Property(may be attached instead of listed)M(//I;7S ! /) m 11 5'trL&yv 411 if taMPAPIIIIMMEMLIMIWEIWIR Name of Nat: frit 1 5-t rea.vn Sh nips q 407* CI __ Gross Area: / .SQD .S y 't za Number of Lots: /7 4�rar kis; j3 rE5;de444.l! SCOfriMLrL►Q Cpinn?" /ed5 Name of Pending Street Name(s)Included in Development: Name of Land Surveyor/Engineer: Address of Land Surveyor/Engineer: St.Joseph Application for Subdivision Review__ � Page)1 Does the proposed Preliminary Plat/PUD require a land use amendment and/or rezoning?No YesC If yes,please complete Appendix A—Land Use Amendment/Rezoning Material Application(attached). Land Use Amendment: From N To Rezoning: From N To Is the proposed Preliminary Plat consistent with design standards and other requirements of the City of St. Joseph Subdivision Ordinance,Zoning Ordinance,and Comprehensive Plan? Yes No Describe the physical characteristics of the site,including but not limited to,topography;erosion and flooding potential;soil limitations;and,suitability of the site for the type of development or use contemplated: N4 Describe the fiscal and environmental impact the proposed development will have on adjacent property owners and the City of St.Joseph. If application is for PUD,provide a statement that generally describes the proposed development,the market which it intends to serve,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 regulations and goals of the City. Thi carred¢ re ft renlent- Jo /gave_ 5Jf?4 /eve/ e'R-;e4 1304 ne64cs wr Hi ft &alit down o'( 025% r24Iawav t#, QS% SA re=fit;) errsarat, u/t evovle� /i fit ;iL 9 6e Ae d is thin MO* bA a/t.,ALn`fs a'r all #-hret w'14 etu1- • • • . A . "_4 )i1t I YI rear a-nea6 aLce5g St.Joseph Application for Subdivision Review Page 1 2 I/We understand that any work to be done will require reimbursement to the City for engineering,consulting, mapping or studies that may have to be done in conjunction with this subdivision.This includes any fees in conjunction with preliminary or final plats. In addition,a check for the appropriate fee(s)must be submitted along with the application. By signing this application below,I/We are hereby acknowledging this potential cost. 1111k 6D/0)G,—) / // 7/20/0 Appli.1i 1 .ignature Date L ' . bz; - ril7 aoic Prop: J Owner's Signature Date m;1! dirta►r.Shop6I L LL Applicable Fees: Preliminary Plat Minor— I to 250 lots $300+$5 per lot Major->250 lots $500+$5 per lot Preliminary Escrow Minor— 1 to 250 lots $3,000.00 Major->250 lots $5,000.00 Final Plat $200.00 gomnimpiapowevomatafilts,' ,,, " Land Use Amendment $500.00 Rezoning Request $500.00 St.Joseph Application for Subdivision Review __ r Page 13 OLCZA+fr'j Appendix A wr.rilye'lsUosrnh.eom CIT ' OP ST. JOSEPH LAND USE AMENDMENT/REZONING APPLICATION The applicant shall provide the following(attach separate sheets if necessary): 1. All applications must include a narrative of the land use and/or zoning request.The Land Use and/or Rezoning application must be completed in its entirety including the reasons as to why the Planning Commission and City Council should approve the request. ,'POPS Co T/ivve-s id D vELOF ANP WI WAA/T 76 ACCeSM0Dkt 'R EST9 Foe- , O 2 E- GrAct. FRb7Vt YLt S to TE Nit NTS 2 7 C,14N o'/AJ6 , tE001kfr offix/T 4)c SPEu rle-- pp-I c e J7Pt E-5 FOIL aA E, 07)7 iron t i• . s4Are 7-1-1I? 00e-rhr r EO 2. Petition for fifty percent(50%)or greater of the property owners affected by the proposed amendment and fifty percent(50%)of those property owners within three hundred fifty(350)feet of the proposed change. / iLL 57g%Am S#/OPSI LL-C 6cdA/S /WORE ARA/ SO% OF ii+g UNITS. CO1-1.E6E v(ic.E oornmvNI r )g_5 , ou/Av5 F/i/E tcHt AAt7AezWT LOTS I understand that I am responsible for reimbursing the City for any additional legal,engineering,building inspection or planning fees associated with my request. 1 ' /f ///7/2-0/61 Ap► ignature Date St.Joseph Application for Subdivision Review Page 14 10 5- o .,c up..--a LOA f,(7-1,./ -,1-' . ; . . , ....„. 1 . , --,._.-- . •-- ,,,‘ . 1 . . 1 ) . , i . . I, - •-..., — .- st .lamm••••,,,,m,:71s, i I I i N 1‘ { I :* I i 1 i _ ,---1 - :,.',4 I- H •.'-:')k I . . .1 1 I ........ I I_ r‘ . 1.. ".. „ \YJ 1•-, --_ , - , <1 11Q, D .-----. , •,-- . .. ......: i .. ! ) , tfi - 1,, ,t+1,11,e 1 ., I----, , ,\LI \....) I __ .---,