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HomeMy WebLinkAbout2013-10-28 PACKET 06.3.STAFF REPORT CASE: TA13 -034 and CUP13 -035 ITEM: 6.3 PUBLIC MEETING DATE: 10/28/13 TENTATIVE COUNCIL REVIEW DATE: 11/20/13 APPLICATION APPLICANT: 61 Marine & Sports REQUEST: A zoning ordinance amendment to allow for the expansion of non- conforming uses under certain circumstances and a conditional use permit for the expansion of a nonconforming use. SITE DATA LOCATION: 11730 Point Douglas Drive South ZONING: B -2, Retail Business CONTIGUOUS LAND USE: NORTH: Agricultural and Residential EAST: Commercial SOUTH: Commercial and Residential WEST: Commercial SIZE: N/A DENSITY: NIA RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: John M. Burbank, Senior Planner, 651- 458 -2825 iburbank(a)cottage- g rove. org GACITYFILES \13 CITYFILES \034TA 61 Marine 2013- 10- 28 \Planning\TA13 -034 61 Marine Expansion SR cover 2013- 10- 28.docx Planning Staff Report Planning Cases TA2013 -034 and CUP13 -035 Proposed Zoning Text Amendment Expansion of Non - Conforming Uses October 28, 2013 Proposal 61 Marine & Sports is requesting a zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances and a conditional use permit for the expan- sion of a nonconforming use at 11730 Point Douglas Drive South. The proposed expansion in- volves a 30 -foot by 80 -foot addition onto the main building on the site, which will accommodate an additional indoor sales floor /display area. Man Background The applicant's property is currently zoned B -2, Retail Business. Site Ortho Photo Planning Staff Report Planning Case No: TA2013- 034 &CUP13 -035 October 28, 2013 Page 2 of 7 � r 1- t - R2 `. i s y y • � Zoning Map Detail The applicant currently sells, services, and rents recreational vehicles, boats, motors, trailers, and related equipment and parts. This use is conducted inside and outside of buildings on the site. The ortho photo above details the exterior storage areas. The applicant wishes to expand the current building on the site with a 30 -foot by 80 -foot addition which will accommodate an additional indoor sales floor /display area. This is currently a nonconforming use in that the current use is not allowed as a permitted or conditional use within the B 2 zoning district. The existing zoning text from Title 11- 11- 10B -1: Permitted, Conditional, Accessory, and Interim Uses, is detailed below. Use Type Zoning Malrict References B a-za B B e N a ANOmodle, mmo«yde, trailer, revealionel veNdes, boabhnerine, end lain implenant ealabashmanb for olspgy, hire, saMa,«nlal anNOr galas contluded enluely rAhina Wptlinp, Ind Wing, as incidental Whose major uses, NI mpalmvo* N eanneclion rviN Moir orm and cuslomem' vehides IT��f�III---III LJI�J tl -<i nae ANamotive, motorcycle, hailer, recrealion vaNdes, boatshnanne and tarn hrplement ealabOShmenls for dlsplq, hire, saMCe,renlal aiWor sales cmuluded outside a bulldN C 1141,1149 The applicant's purpose for requesting the zoning text amendment is that the current ordinance criteria established in Title 11 -3 -1 addressing non - conforming uses was modified in 2005 to prohibit expansion of non - conforming uses. Prior to 2005, the applicant had received several conditional use permits for the expansion of the use on the site. Resolution Nos. 84 -07, 93 -103, and 98 -178 are attached. The applicant's current buildings on the site are post -frame construction with the exterior clad in ccorrugated metal wall panels. Since the pre -2005 expansions of the site, the ordinance was also amended to increase the City's architectural controls for commercial, industrial, and insti- tutional buildings within the community. For building expansions, this section of the code is not applicable to expansions that are less than 50 percent of the existing footprint. The proposed addition would be exempt from the new architectural controls in the ordinance based on this Planning Staff Report Planning Case No. TA2013- 034 &CUP13 -035 October 28, 2013 Page 3 of 7 Building Exterior Example Discussion — Zoning Text Amendment The proposed ordinance amendment would allow for the City Council to permit the expansion of nonconforming uses under certain circumstances through the issuance of a conditional use permit. This amendment, as detailed in the attached draft ordinance, affords a greater flexibility for the Council to address the needs of specific uses and properties within the community on a case by case basis rather than an outright prohibition of growth. This option would allow for the controlled growth of a use or business that may be viable and contributing to the health of the community and tax base when rezoning or other options may not be appropriate. It is recommended that the zoning text amendment included in the attached draft ordinance be adopted. exemption criterion. The materials will be required to match the design and color palette of the existing buildings. Existing Building Detail Planning Staff Report Planning Case No. TA2013- 034 &CUP13 -035 October 28, 2013 Page 4 of 7 Discussion — Conditional Use Permit The second application submitted by the applicant is for a conditional use permit to allow for the construction of 30 -foot by 80 -foot addition onto the main building as an expansion of the non- conforming use on the site. The CUP application request is interdependent on the action taken for the zoning text amendment. If the applicant's request for the zoning text amendment is approved, then the requested conditional use permit for the building expansion can be processed further. If the zoning text amendment is not approved, then it is recommended that the conditional use permit be denied based on the inability to approve an expansion of a nonconforming use. When reviewing conditional use permits, the Planning Commission looks to Title 11 -2 -9F; Crite- ria for Issuance of CUP, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Committee found that the criteria could be met and recommended approval of the CUP for the requested expansion, subject to the adoption of the draft ordinance for the requested zoning text amendment and other conditions including those found in Resolution Nos. 84 -07, 93 -103, and 98 -178. Planning Staff Report Planning Case No. TA2013- 034 &CUP13 -035 October 28, 2013 Page 5 of 7 In addition to the proposed addition, which is detailed below, the applicant is also seeking an additional conditional use permit approval for a free standing three -sided and roofed linear storage rack that was previously constructed without any permits from the City. The structure is shown below. This structure was constructed by the applicant in the early spring of 2013 without a building permit or review by the City. Accessory structures within commercial districts are permitted by conditional use permit. Accessory structures are not permitted within required yards, and this structure meets that criteria. The stated purpose of the rack is to organize and semi - enclose portions of merchandise stock that previously was arranged randomly as exterior storage. The same non - conforming use expansion restriction is applicable to this structure. The City Building Official has completed review of the structure and will be seeking some additional information on the construction during the building permit review. The structure is located 15 feet from the side property line at its closest point and meets the structure setbacks within this zoning district. Given the improved appearance of the exterior storage /sales area, it is recommended that the conditional use permit for the 16 -foot by 200 -foot roofed linear storage rack be approved by resolution, subject to the adoption of the draft ordinance for the requested zoning text amend- ment and the inclusion of a requirement for a double fee for the building permit. Planning Staff Report Planning Case No. TA2013- 034 &CUP13 -035 October 28, 2013 Page 6 of 7 Stormwater Management Since the last expansion in 1998, the City's standards and requirements for surface water management have changed. As a component of this application, it is recommended that the City's rate and water quality standards applicable to this site be addressed in conjunction with the building permit for the two structures and all other impervious surfaces that have been con- structed since 1998. Landscaping and Screening One of the requirements of Resolution No. 98 -178 was that the fence and gate to the storage/ sales yard near the front of the main sales /service building be screened with wooden slats or other approved material. The applicant did perform this screening but was allowed by the Planning Division to remove the materials after numerous and repeated vandalism events occurred on the site. The slats did provide screening as intended, but it also created a lack of visibility from the public street including patrols by the City's Police Department. As a component of this application, the City's Technical Review Committee recommended that the site landscaping be brought into conformance with the City's current landscaping standards. In reviewing Resolution No. 98 -178, it was noted that a variance was granted for the areas within the exterior storage and sales area. The front of the site is still required to be landscaped. It is recommended that an updated landscape plan be submitted for review and approval by the Planning Division as a component of the required building permits. Summary 1. The text amendment as detailed in the attached draft ordinance affords a greater flexibility for the Council to address the needs of specific uses and properties within the community on a case by case basis rather than an outright prohibition of growth. This option would allow for the controlled growth of a use or business that may be viable and contributing to the health of the community and tax base when rezoning or other options may not be appropriate. 2. The proposed building expansions are consistent with the designated land use and appropriate zoning requirements. Recommendation That the Planning Commission recommends two action items to the City Council: A. The adoption of the attached zoning ordinance text amendment to allow for the expansion of nonconforming uses under certain circumstances. B. A conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include a 30 -foot by 80 -foot addition to the north side of the principal structure on the property and a 16 -foot by 200 -foot roofed linear storage rack, subject to the conditions listed below: Planning Staff Report Planning Case No. TA2013- 034 &CUP13 -035 October 28, 2013 Page 7 of 7 1. The conditions established in Resolution Nos. 84 -07, 93 -103, and 98 -178 shall be met unless waived by the Director of Community Development. 2. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 3. The building permit fee for the roofed linear storage rack shall be doubled. 4. The exterior construction materials shall be the same design and color palette as the principal structure. Prior to issuance of a building permit, a final material detail board/ packet must be submitted for review and approval by the Community Development Department. 5. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 6. All mechanical equipment shall be screened from public view as reviewed and approved by the Community Development Department. 7. Prior to building permit application, a detailed landscaping plan shall be submitted that meets the approval of the Community Development Department. 8. Prior to building permit application, a bona fide cost estimate of the landscaping im- provements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping re- quirements, the applicant must inform the City in writing that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings and the required as -built survey has been submitted. No building permits will be issued until the required financial guar- antee has been received and accepted by the City. 9. Trash containers must be stored in accordance with ordinance criteria. 10. All outdoor lighting shall be downward directed and installed in accordance with City ordi- nance criteria. 11. The surface water management for the impervious surfaces on the site shall be ad- dressed on site in accordance with plans approved by the City Engineer. An off -site ponding fee that is calculated at the time of the building permit shall be paid if on -site treatment is not feasible. Prepared by: Attachments: John M. Burbank, AICP Proposed Ordinance Amendment Senior Planner Draft Resolution n RESOLUTION NO. 98-178 RESOLUTION GRANTING A VARIANCE FROM THE LANDSCAPING REQUIREMENTS OF CHAPTER 28 OF THE ZONING ORDINANCE AND APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING NON - CONFORMING USE FOR SALES OF RECREATIONAL VEHICLES AT 11730 POINT DOUGLAS ROAD WHEREAS, Stu -Mac Properties, c/o 61 Marine & Sports, has applied for a variance to Chapter 28 of the City's Zoning Ordinance regarding landscape requirements and approval of a conditional use permit to allow expansion of a non - conforming use and to construct a 4,960 square foot building to be located north of • the existing structure at 11730 Point Douglas Road. The property is legally described as: Seeger Addition, Lot 1, Block 1, Washington County, Minnesota. Commonly described as 11730 Point Douglas Road South, Cottage Grove, Minnesota. (Geocode 36- 027 -21 -42 -0017) WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on August 24, 1998; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the proposal; and WHEREAS, the applicant was present and agreed with the recommended conditions of approval; and • Resolution No. 98 -178 Page 2 • WHEREAS, the Planning Commission unanimously approved the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby grants a variance to Chapter 28 of the City's Zoning Ordinance regarding landscaping. Granting this variance is based on the following findings: a. Public right -of -way 70 feet in width exists between the southerly boundary line of the applicant's property and the northerly right -of -way of Trunk Highway 10/61. b. The location of existing site improvements (e.g. private access drive, parking lot, and terraced display area) limit the amount of useable area in the front and results in a unique characteristic for the property. C. There is a limited area for landscape opportunities. BE IT FURTHER RESOLVED, that approval of this variance is subject to the following conditions: 1. The applicant submit a landscape plan which details proposed plantings In the front of the building and includes installation of three trees along the west side of the property. 2. The applicant will submit a landscape bond for 125 percent of the cost of installation which will guarantee the installed landscaping for one year. ALSO, LET IT BE RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit application filed by Stu -Mac Properties, c/o 61 Marine & Sports, to expand an existing non- conforming use for sales of recreational vehicles on property legally described above, subject to the following conditions: The applicant pave the areas proposed for hard surfacing consistent with the submittal dated 7/18/98. 2. The applicant install wooden slates or a similar material, but not vinyl, along the south face of the existing chain link fence, which would screen the exterior storage area of the property prior to issuance of a certificate of occupancy for the property. 3. The applicant enter into a lease agreement with the City for utilization of . the public right -of -way for display purposes prior to issuance of a Resolution No. 98 -178 Page 3 certificate of occupancy for the new building. The applicant will reimburse the City for any costs incurred in drafting or review of the lease. 4. The applicant fence or cordon off the drain field area prior to initiation of construction of the building addition. 5. The applicant initiate a subdivision and rezoning request by December 31, 2000, to obtain the portion of the adjoining property currently being used for the commercial enterprise. The area, either on or off -site, dedicated to the commercial use cannot be expanded without these actions, even with the approval of the adjoining property owner. Passed this 16th day of September,1998. _ Attest: - \ �l v 'Ok I I Resolution No. 98 -178 Page 2 • WHEREAS, the Planning Commission unanimously approved the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby grants a variance to Chapter 28 of the City's Zoning Ordinance regarding landscaping. Granting this variance is based on the following findings: a. Public right -of -way 70 feet in width exists between the southerly boundary line of the applicant's property and the northerly right -of -way of Trunk - Highway 10161. b. The location of existing site improvements (e.g. private access drive, parking lot, and terraced display area) limit the amount of useable area in the front and results in a unique characteristic for the property. C. There is a limited area for landscape opportunities. BE IT FURTHER RESOLVED, that approval of this variance is subject to the following conditions: 1. The applicant submit a landscape plan which details proposed plantings in • the front of the building and includes installation of three trees along the west side of the property. 2. The applicant will submit a landscape bond for 125 percent of the cost of installation which will guarantee the installed landscaping for one year. ALSO, LET IT BE RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit application filed by Stu -Mac Properties, c/o 61 Marine & Sports, to expand an existing non- conforming use for sales of recreational vehicles on property legally described above, subject to the following conditions: The applicant pave the areas proposed for hard surfacing consistent with the submittal dated 7/18/98. 2. The applicant install wooden slates or a similar material, but not vinyl, along the south face of the existing chain link fence, which would screen the exterior storage area of the property prior to issuance of a certificate of occupancy for the property. 3. The applicant enter into a lease agreement with the City for utilization of the public right -of -way for display purposes prior to issuance of a Resolution No. 98 -178 Page 3 certificate of occupancy for the new building. The applicant will reimburse the City for any costs incurred in drafting or review of the lease. 4. The applicant fence or cordon off the drain field area prior to initiation of construction of the building addition. 5. The applicant initiate a subdivision and rezoning request by December 31, 2000, to obtain the portion of the adjoining property currently being used for the commercial enterprise. The area, either on or off -site, dedicated to the commercial use cannot be expanded without these actions, even with the approval of the adjoining property owner. Passed this 16th day of September,1998. Jmfj� M W _ Attest: Caron W, Strah§f'y, City CI - . r c _ EY ^). �C � .... ......... »��� I I RESOLUTION 93 -103 RESOLUTION APPROVING THE EXPANSION OF s A NON CONFORMING USE IN THE B2 ZONING DISTRICT WHEREAS, John Seeger has submitted an application for A Conditional Use Permit to allow for the expansion of a non conforming use in a commercial zoning district located on the property legally described as follows: "Lot 1, Block 1, Seeger Addition Cottage Grove, Washington County, Minnesota." Commonly described as 11730 Point Douglas Road, Cottage Grove, Minnesota. WHEREAS, the Planning Commission of the City of Cottage Grove held a public hearing and reviewed the application at their meeting on May 24th, 1993; and WHEREAS, the Planning Commission found that in order to be able to expand the sales facility building for John's Marine, that a Conditional Use Permit would be required; and WHEREAS, the existing commercial use at 11730 Point Douglas Road is a non conforming use in the B2 zoning district; and WHEREAS, the Planning Commission found that there are unique • circumstances associated with this property to justify the expansion of a non conforming use, specifically, that the operational history of the property is excellent, the location is in the rural part of the community, and that the use highway orientated; and WHEREAS, the applicant met all of the criteria for granting a Conditional Use Permit application; and WHEREAS, with a vote of 6 to 2, the Planning Commission recommended that the Conditional Use Permit application be approved, subject to several conditions; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the Conditional Use Permit application for 11730 Point Douglas Road, to allow for the expansion of a non conforming use in a commercial zoning district, shall be approved subject to the following conditions: 1. A building permit shall be applied for and issued by the City prior to the start.of any construction. 2. The parking lot and access drive on the site shall be hard surfaced with an impervious surface, and have `.' concrete curb and gutter installed on the perimeter. The plans detailing the required work on the site shall be submitted with the building application plans, and must be reviewed, and approved by the City Engineer. Resolution No. 93 -103 Page 2 3. A detailed landscaping plan shall be submitted to the city for review and approval and be accompanied with a letter of credit or escrow deposit in the amount 125% of the estimated cost of completing the landscape improvements. Upon completion of the landscaping improvements, the applicant shall, in writing, inform the city that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice, to insure the plants have survived one winter season. 4. Handicapped parking shall be provided in accordance to ADA requirements. 5. Any roof mounted mechanical equipment shall be completely screened from visibility, as required in the Cottage Grove city ordinance. 6. As stipulated in Resolution 83 -77, an automatic fire alarm system must be installed and hooked to the dispatch center at the Cottage Grove Public Safety Department. This is to be completed prior to the issuance of a certificate of occupancy for the proposed addition, as it has not been completed to date. •, 7. The exterior of the proposed addition shall be constructed of a variety of uniform materials, and be in a similar manner to the existing building, except for the north east side. 8. The storage or display of vehicles, boats or other items shall be prohibited from the front yard setback of the property or in the State roadway right of way. Passed this 16th day of June, 1993. J ohn D. Denzer, May Attest:.- .f ^ " x�yin Fraze_11 ; City Administrator Introduced by: Councilmember Raun aw Seconded by: Councilmember Rageth Voting in favor: '5 Ayes Voting against: 0 Nays RE,SOLVrm No. 84- RESOLUTION GRANTING A CONDITIONAL USE PERMIT, BUILDING PERMIT AND SITE PLAN .APPROVAL TO JORN SEEGER FOR CONSTRUCTION OF A MARINE SALES BUSINESS WITH AN OPEN STORAGE 10' WHEREAS, Mr. John Seeger has applied for a Conditional Use Permit and requested building permit and site plan approval, to construct a marine sales business with an open storage lot, on the following described property: "Lot 1, Block 1, Seeger Addition, Cottage Grove, Washington County Minnesota" and; MIREAS, the Planning and Zoning Commission of the City of Cottage Grove held a public hearing on the Conditional Use Permit application for the open storage lot, and reviewed the request for building permit and site plan approval at their December 19, 1983 meeting, and recommended approval subject to certain conditions; NOW, IN REF RE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the application of John Seeger for a Conditional Use Permit, building permit and site plan approval shall be and hereby is approved, subject to the following conditions: 1. The driveway shall be widened to 26 feet to meet the City Code C requirements. 2. The parking lot plan shall be revised to provide access to the northeast side of the building for emergency vehicles subject to approval by the Fire Department. 3. An automatic fire alarm system must be installed and hooked to the dispatch center at the Cottage Grove Police Station. 4. Detailed landscape plan showing the number, size and species of all new plant materials shall be submitted and approved by the Planning Department prior to issuance of the building permit. A bond or letter of credit shall be submitted guaranteeing completion of the plan. S. Percolation tests and soil borings shall be submitted prior to issuance of the building permit. 6. The building design shall be revised to include uniform materials and design on all sides of the structure, except the northeast side. 7. Detailed building plans shall be reviewed and approved by the Building Inspector and Fire Marshall. Resolution No. 84 -7 Page Two Passed this 4th day of danuary . 1984. Attest: I er Introduced by: Councilman Brown Seconded by: Councilman Denzer Voting in favor: Councilman Brown, Councilman Denzer, Councilman Hammero, Councilman Raun and Mayor Peterson Voting against: None 83 -77 t I ! 3- M ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 11 -3 -1, NONCONFORMING USES AND STRUCTURES, OF THE COTTAGE GROVE CITY CODE RELATING TO EXPANSION OF NONCONFORMING USES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT 'The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 11 -3 -1A to read as follows: Sec. 11 -3 -1A, Nonconforming Uses and Structures. A. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50 %) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body: or 3. - A conditional use permit is issued by the City. SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 11 -3 -1 to read as follows: Sec. 11 -3 -1C Expansion of Nonconforming Uses and Structures. C.The City may, by conditional use permit allow for an expansion of a legal nonconformity, including the lawful use or occupation of land or premises. The City may impose reasonable conditions in order to protect the health, safety and general welfare of the community or adlacent properties. SECTION 3. SUMMARY PUBLICATION Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: Ordinance No. XXX Page 2 of 2 The zoning text amendment adopted by the Cottage Grove City Council on November 20, 2013 modifies the language of the code to allow for an expansion of a legal nonconformity through the conditional use permit process. SECTION 4. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _ day of 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date].