HomeMy WebLinkAbout2013-11-20 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # � �
DATE 11 /20/13 . .
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
�**�*****�**************�*�*************�***�***
COUNCIL ACTION REQUEST
1. Hold a public hearing to consider adopting a resolution to revoke and terminate all
previously approved conditional uses and variances located on Lot 2 Block1
PHS/Cottage Grove INC. first addition for all uses or conditions that no lon�er exist at
the site, effective upon recording of the property as PHS/Cottage Grove 2" Addition."
STAFF RECOMMENDATION
1. Hold a public hearing and adopt a resolution to revoke and terminate all previously
approved conditional uses and variances located on Lot 2 Block1 PHS/Cottage Grove
INC. first addition for all uses or conditions that no longer exist at the site, effective upon
recording of the property as PHS/Cottage Grove 2" Addition."
ADVISORY COMMISSION ACTION
❑ PLANNING
SUPPORTING DOCUMENTS
DATE REVIEWED APPROVED DENIED
N/A ❑ ❑ ❑
� MEMO/LETTER: Memo from John M. Burbank dated 11/13/13
� RESOLUTION: Draft — Revocation resolution
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑OTHER:
ADMINISTRATOR'S COMMENTS
�, � o�'` /,�' 2���
City Ad ' istrator D te �
****�*�*******�********�************************
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: November 13, 2013
RE: PHS previous resolution revocation
Introduction
As a component of the current platting and development of the PHS/Cottage Grove It1C. 2nd
Addition, the City was asked to consider adopting a resolution rescinding resolution 83-138 which
approved a motor fuel station that used to be on the site and is no longer in existence.
Discussion
This request was discussed by staff and determined to be a valid. In reviewing the planning case
history for the property it was noted that numerous conditional uses and variances had been
granted for the property prior to redevelopment in 2006, and that all of the structures and related
uses have not been in existence since the redevelopment of the site.
Conditional uses and variances approvals "run" with the land and this fact was not contemplated or
addressed in 2006 actions related to the site. After discussions with the City Attorney, it was
determined that a prudent action to take would be to have the City Council revoke all previous
resolutions related to conditional uses and variances for the property. The process identified for the
revocation was to advertise and hold a public hearing and to present a draft resolution to the City
Council that revokes the past resolutions related to Conditional uses and variances in mass.
Summary
• The City ordinance requires council action to terminate conditional use permits and
variances.
• The requested action will help clear any title work concerns during the current and future
redevelopment of properties within the PHS/Cottage Grove Inc. 2" Addition subdivision.
Recommendation
The City Council is requested to take the following actions:
1. Hold a public hearing to consider adopting a resolution to revoke and terminate all
previously approved conditional uses and variances located on Lot 2 Block1 PHS/Cottage
Grove INC. 1st addition for all uses or conditions that no longer exist at the site, effective
upon recording of the property as PHS/Cottage Grove 2� Addition.
2. Adopt a resolution to revoke and terminate all previously approved conditional uses and
variances located on Lot 2 Block1 PHS/Cottage Grove INC. 1st addition for all uses or
conditions that no longer exist at the site, effective upon recording of the property as
PHS/Cottage Grove 2 Addition.
RESOLUTION NO. 2013-XXX
A RESOLUTION TO REVOKE AND TERMINATE ALL PREVIOUSLY APPROVED
CONDITIONAL USES AND VARIANCES LOCATED ON LOT 2 BLOCK1 PHS/COTTAGE
GROVE INC. 1ST ADDITION
WHEREAS, as a component of the current platting and development of the PHS/Cottage
Grove Inc. 2 nd Addition, the City was asked to consider adopting a resolution rescinding
resolution 83-138 which approved a motor fuel station that used to be on the site and is no
longer in existence; and ,
WHEREAS, the request was determined to be a valid; and
WHEREAS, A review of the planning case history for the property identified that in
addition to resolution 83-138, that numerous conditional uses and variances had been granted
for the property prior to redevelopment in 2006, and that all of the structures and related uses
have not been in existence since the redevelopment of the site; and
WHEREAS; during the redevelopment of the property in 2006, no action was taken by
the city to address all the previous uses that were nonexistent on the property; and
WHEREAS, it was determined that in accordance with ordinance criteria, that the
required course of action would be for City Council revoke all previous resolutions related to
conditional uses and variances for the property in mass; and
WHEREAS, the described action requires a public hearing which was properly published
by the City in the South Washington County Bulletin; and
WHEREAS, a planning staff report, which detailed the requested action was prepared and
presented; and
WHEREAS, the City Council of Cottage Grove held a public hearing at their regular meeting
on November 20, 2013 and no one spoke in favor or against the published action; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby adopts a resolution to revoke and terminate all
previously approved conditional uses and variances located on Lot 2 Block1 PHS/Cottage
Grove INC. 1st addition for all uses or conditions that no longer exist at tNe site, effective upon
recording of the property as PHS/Cottage Grove 2 nd Addition.
Passed this 20th day of November 2013.
Attest:
Myron Bailey, Mayor
Caron M. Stransky, City Clerk