Title
RESOLUTION RESCINDING RESOLUTION 23-0500 AND AUTHORIZING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF THE PLAT “REARRANGEMENT OF PART OF WESTERN WOODS DIVISION” LOCATED SOUTHEAST OF ANDERSON ROAD AND DECKER ROAD.
Body
CITY PROPOSAL:
WHEREAS, the city council on June 25, 2023, approved Resolution 23-0500 authorizing a development agreement with the parties pertaining to the property legally described in Exhibit A; and
WHEREAS, the original development agreement was never finalized and the Developer has requested certain revisions to the agreement relative to the schedule for developing the property, the tree replacement plan, and conveyance of certain lots within the property;
RESOLVED, that the city council does hereby rescind Resolution 23-0500 and approves a revised development agreement with HNH, LLC and Lon Hovland (collectively, “Developer”), and Michael E. Wilson and Kathleen M. Wilson (“Additional Owner”), substantially in the form of that attached hereto as Exhibit A, for the re-platting of 11.3 acres southeast of Anderson Road and Decker Road into the REARRANGEMENT OF PART OF WESTERN WOODS DIVISION to facilitate residential development of the property.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to rescind the city council’s June 25, 2023, approval of a development agreement related to the REARRANGEMENT OF PART OF WESTERN WOODS DIVISION (Exhibit B), and to obtain the city council’s approval of a revised development agreement between the City of Duluth, HNH, LLC. and Michael and Kathleen M. Wilson.
The Developer’s proposal for rearrangement of the plat is the same as that previously approved by the planning commission on May 9, 2023 (PL 23-069), which is to replat 17 lots and 3 acres of unplatted land into 15 lots for an 11.3-acre residential development consistent with the R-1 Residential-Traditional zoning of the property. However, because of delays in the developer’s plans, the revised development agreement extends the completion date to December 31, 2026, before which the Developer must have completed the required improvements. The revised development agreement also prohibits the Developer from conveying any lots until the required improvements are completed, except for lots that are abutting Decker Rd. which already have road and utility services. The agreement also clarifies the process for completing required tree replacement plans.
The Developer has not requested public assistance or any form of business subsidy.