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HomeMy WebLinkAbout2013-12-16 PACKET 06.1.STAFF REPORT CASE: CUP2013 -041 ITEM: 6.1 PUBLIC MEETING DATE: 12/16/13 TENTATIVE COUNCIL REVIEW DATE: 1/15113 APPLICATION APPLICANT: Venture Pass Partners, LLC REQUEST: A conditional use permit to remodel a 6,656 square foot commercial building for on -sale liquor sales that might be proposed in two of the three tenant spaces. SITE DATA LOCATION: ZONING: GUIDED LAND USE 7180 East Point Douglas Road South B -2, Retail Business Commercial LAND USE OF ADJACENT PROPERTIES NORTH: EAST: SOUTH: WEST: SIZE: N/A DENSITY: N/A [fl11:7:7��ft� Commercial Commercial Commercial Commercial GUIDED Commercial Commercial Commercial Commercial RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. (j Grove COTTAGE GROVE PLANNING DIVISION ere Prlee -n4" "Ity Meet Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, jmccool(@cottage- grove.org Application Accepted:_ 11/20/13 60 -Day Review Deadline: 1/18/14 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Retail Redevelopment Planning Case No. CUP2013 -041 December 16, 2013 Proposal Venture Pass Partners, LLC, 19620 Waterford Court; Shorewood, MN has filed a conditional use permit application to remodel a 6,656 square foot commercial building for on -sale liquor sales that might be proposed in two of the three tenant spaces. Tenants within this commercial structure are proposed to be restaurant uses with beer and wine beverages sold at the customer service counter. Small outside patio seating areas are proposed at the north and south sides of the building. Other site improvements include the expansion of the trash enclosure on the east side of the building and a storm water treatment basin on the south side. The property address is 7180 East Point Douglas Road South and a site location map is shown below: Location Map Review Process Application Received: November 20, 2013 Acceptance of Completed Application: November 20, 2013 60 -day Review Deadline: January 18, 2014 Ordinance Requirements This parcel is zoned Retail Business District (B -2). The B -2 District is for retail sales and service type businesses. The proposed multi- tenant commercial use is consistent with the B -2 zoning classification. All the proposed building and off - street parking setbacks comply with the B -2 zoning district's minimum development standards. 7880 7820 � 7800 o o � '4 .40. Mnk F 0a 111 7420 743 7460 7600 7618 7888 7 WelO rnm sleet ekN 807 t L7 \^ 7136 80 714 p �� V (9 el` 803 �pJ pe �e� va�.m 117 ^M1 4ea,e ^P 1 ^ � � dj9 12 � Location Map Review Process Application Received: November 20, 2013 Acceptance of Completed Application: November 20, 2013 60 -day Review Deadline: January 18, 2014 Ordinance Requirements This parcel is zoned Retail Business District (B -2). The B -2 District is for retail sales and service type businesses. The proposed multi- tenant commercial use is consistent with the B -2 zoning classification. All the proposed building and off - street parking setbacks comply with the B -2 zoning district's minimum development standards. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 2 of 13 Planning Considerations Existing Conditions A one -story 6,656 square foot commercial structure is located in the southeast corner of the 1.3- acre site. The former Hollywood Video building was constructed in 1997. There are 47 parking spaces on the site. An aerial photo of the property is shown below: 80th ^STREET \ \ i. t � f S ter6 on y rr r 41 ft 41 m r FF It c � I y G Mir r N JAW .! N ' M � 6h °Qp 'Merchants Bank �'. �� G $ Existing Site Conditions Comprehensive Plan — Future Land Use Designation The future land use map in the City's Future Vision 2030 Comprehensive Plan shows this prop- erty with a commercial land use designation. This land use designation is consistent with the existing B -2, Retail Business zoning classification. Other properties north, west, south, and east of the subject property also have a commercial land use designation and B -2 zoning classifica- tion. An excerpt from the Future Land Use Map showing the designated land uses surrounding the subject property is shown below. Excerpt from the Plan Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 3 of 13 Zoning The B -1 and B -2 zoning classifications are consistent with the commercial land use designation shown on the Future Land Use map of the City's Future Vision 2030 Comprehensive Plan. The proposed reuse of this property for commercial use is consistent with the approved Comprehen- sive Plan. Properties surrounding the subject property are currently zoned B -2, Retail Business District. An excerpt from the City's Official Zoning Map showing the zoning districts surrounding the subject property is shown below: Proposed Development Plan The applicant proposes to reconfigure the interior floor area of the existing building to create three tenant spaces. The northern tenant space will be approximately 2,697 gross square feet, the middle space is approximately 1,593 gross square feet, and the southern tenant space is about 2,366 gross square feet. Food preparation and service counter are proposed in each tenant space. An outdoor seating area is also proposed on the north and south sides of the building. The con- crete surface patio area on the north side of the building is approximately 493 square feet and the patio area on the south side of the building is approximately 600 square feet. Fencing will be provided around each outdoor seating area. The fence design is recommended to be a black - colored commercial strength welded steel panel that matches the fencing on the Starbucks/ Turbo Nails and Home Depot properties. Most of the Gateway North fences in this vicinity are a black - colored Montage Commercial Majestic 3/4 - Rail Fence manufactured by Ameristar. A floor plan showing the seating layout and number of seats within each tenant space and out- door patio areas has not yet been prepared, but the applicant is estimating 120 seats for all three tenant spaces. A liquor license application might be filed with the City for the north and south tenant spaces. The anticipated liquor sales will typically be over the counter sale of beer or wine. The interior and exterior of the existing building will be remodeled. The existing trash enclosure at the northwest corner of the building will be expanded along the east exterior wall of the build- Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 4 of 13 ing. One doorway will be installed on the north side of the building and three doorways on the east side. Additional heating and cooling units will be placed on the roof. These mechanical units will be screen as required by city ordinance. The existing parking area, monument sign, and landscaping along the west and north sides of the property will not change. All dead plant materials will be replaced and additional plantings will be planted along the front and south side of the building. Existin Monumei Sig rbucksl •bo Nails Existing Trash Enclosure xisting 6,656 q. ft. Building Site Plan Architecture Compliant The building's exterior will be comprised of 65 percent of stone, glass, and brick materials (Class 1). The stucco material (Class 2) along the upper elevations of the north, east, and south sides of the building covers approximately 22 percent of the building's exterior walls. This ma- terial will be repaired and painted. A Class 3 fiber cement siding board will be installed on the upper one -half of the building's front wall (west side facing East Point Douglas Road) and wrap around on the north and south sides of the building approximately 15 feet. The fiber concrete siding material will cover approximately 12.2 percent of the building's exterior walls. The existing face brick material will be painted. Additional thin brick will be installed above the middle tenant space, both on the front and back sides of the building. Decorative cylinder shape light fixtures will be mounted on the stone pilasters and on the face brick material for the north Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 5 of 13 Paint Existing Face Brick Thin Brick Veneer WEST ELEVATION Fiber Cement Siding N Rnl RE AnO EAST ELEVATION Canvas Canopies Thin Brick Veneer Canvas Cnnnnies Stucco The proposed improvements to the building's exterior provide visual articulation with the use of stone columns on the front of the building; windows on the north, west and south sides; cus- tomer doorways on the north, west and south sides; service doors on the east side; and new cornices on the west and east roof lines. The fiber cement siding material will be mounted in a horizontal pattern across the upper one -half of the building's front face and wrap around on the north and south sides approximately 15 feet. The application of the fiber cement planks will first require painting the existing stucco black, then installing vertical furring rails to the wall. The horizontal fiber cement planks will be attached to the furring rails. The fiber cement planks will be painted. Stone Veneer SOM DEVATION Not shown on the building elevation illustrations are heating and cooling mechanical units on top of the roof. These mechanical units will be screened on four sides with a metal siding material that will match the color of the stucco. and south sides of the building. A colored illustration of the building's exterior make -over is shown below. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 6 of 13 Overall, the proposed exterior materials comply with the City's architecture requirements. Signage City ordinance allows multi- tenant buildings to submit a sign package for the City's review and approval. With this particular development plan, the applicant proposes to mount eight tenant wall signs on the upper one -half of the building's fagade. Each tenant space is proposed to have a maximum lettering height of 36 inches as compared to a 24 -inch height limitation in the City's Sign Ordinance. The designated sign area proposed by the applicant would extend to within 24 inches from each tenant's side walls, but is limited to a maximum sign area not to exceed ten percent of the exterior wall area of the tenant's wall space. These limitations are similar to the City's sign regulations and the sign coverage appears to have a proportional relationship to each tenant's wall area. Three tenant signs are proposed on the east and west exterior walls and one tenant sign on the north and south exterior walls. Their proposed sign package also proposes one 36 -inch by 36- inch logo sign for each tenant space. The existing free - standing monument sign is located at the northwest corner of this site. A pho- tograph of this sign is shown below. The applicant proposes to replace the "Hollywood" panel on both sides of the monument sign and insert the three business names within the same area. No other changes are proposed to the existing monument sign. The Home Depot sign depicted in this photo was removed several years ago. Future tenants of the Home Depot property have exclusive rights to advertise on the upper two- thirds of this monument sign. Each tenant's horizontal wall sign bands must be a uniform design and limited to only two col- ors. Logo signs may have multiple colors. If signs are lighted, the light source must be internal to the sign cabinet. The maximum sign display height is 36 inches. Multiple horizontal lines may be allowed, but must not exceed the 36 -inch horizontal sign display height. Each tenant's wall sign must only be mounted on the exterior wall of that tenant's dedicated space. The proportional relationship of the sign width and height to the scale of the building appears to be reasonable. It is recommended that the City accept the applicant's sign plan, subject to the requirements and limitations addressed herein. Parking When the building was constructed in 1997, the intended use of the building was for retail. The minimum number of parking required for this 6,656 square foot retail building was 33 parking spaces (one parking space per 200 square feet of gross floor area). The site has 47 parking Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 7 of 13 spaces. There are five parking spaces northeast of the subject property, but these spaces are located on the neighboring Starbuck/Turbo Nails property. No changes will be made to the existing parking layout for the subject property. At the present time, the applicant is proposing casual restaurant uses in the three tenant spaces. One or two of the three tenant spaces might secure an on -site liquor license to sell beer or wine at the service counter. The table below shows the minimum number of off - street parking for retail, casual restaurant and restaurants serving alcohol. USE PARKING RATIO BUILDING REQUIRED SQ. FT. PARKING Retail 1 space per 200 sq. ft. 6,656 33 Restaurants Classes 1 and One space for each three seats based on 2, cafes, cafeteria food, seating capacity design or one space for 6,656 111 traditional restaurants each 60 sq. ft. of gross floor area, whichever is greater. One space for each three seats based on Restaurant Classes 1 and seating capacity design or one space for 6,656 133 2, bars, taverns, nightclubs each 50 sq. ft. of gross floor area, whichever is greater. Restaurant Class 3, drive- One space for each 60 sq. ft. of gross in establishments and fast floor area 6,656 111 food restaurants This property is part of the Grove Plaza Shopping Center because it shares motor vehicle access and parking with other independent retail businesses. As a result, the applicant has pro- vided a copy of the Declaration of Restrictions and Easements for the four property owners in the Shopping Center. Within this document, it identifies the four property owners and provides "the free flow of traffic over and across the Common Areas maintained on the Property" and the owners of the Property "shall at all times have the right and privilege of use both pedestrian and vehicular, for the purpose of ingress, egress, passage and parking in, to, upon and over any and all portions of the parking areas, driveways, approaches, entrances, sidewalks and other facili- ties providing ingress and egress." This document has 87 pages. An excerpt from the document relative to shared parking, sidewalks, and ingress /egress drives is attached to this planning staff report. A floor plan showing the seating and layout for each tenant space has not yet been completed, but the applicant is estimating that approximately 120 seats inside the three tenant spaces might be created. If the parking ratio of one parking space for every three seats was applied, then 40 parking spaces would be required. In the event additional parking is needed, the additional parking will be provided from parking areas of adjoining parcels. Staff anticipates that the opening of these three restaurants will generate an abundant amount of public interest and customers may find limited parking near the front entrances of these busi- nesses. The vacant Home Depot site will have available parking for overflow parking needs. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 8 of 13 Loading and Refuse Area The unloading area and refuse container pickup is located on the east side of the building. Doorways will be installed on the east side of the building for each tenant space to allow easy access to the proposed trash enclosure at the northeast corner of the building and for deliveries of products. The pick -up and delivery vehicles will temporarily park on the two -way access drive located between Starbucks/Turbo Nails and the subject property. Depending on the garbage pickup and deliveries schedules, there could be a conflict with other vehicles in this area. Mo- torists exiting the Starbucks pick -up window will be in close proximity to the garbage truck or de- livery vehicle. This potential conflict will require motorist to drive in the wrong lane of the access drive. Most of the traffic flow at this location will appear to be in the same direction and at slow speeds. If it is determined that this potential bottleneck is unsafe or adversely impacts the flow of traffic in this vicinity, the property owner at 7180 East Point Douglas Road must prepare a plan for the City's review and approval that will rectify this conflict. It is imperative that the tenants at 7180 East Point Douglas Road schedule their pickup and deliveries so as not to conflict with peak business hours by neighboring businesses. An illustration of the potential traffic conflict between the subject property and Starbucks/Turbo Nails is shown below. rr } f V Ilk -- qL M Trash Enclosure r I!' Y Cr- �r� , w % M I!' Y Cr- �r� , w Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 9 of 13 Landscaping The minimum open space requirement is 25 percent of the net (minus the stormwater basin) land area. The proposed development plan provides 32 percent open space. The landscaping plan proposes the planting of 80 large shrubs and small shrubs. The existing plant materials along the west (East Point Douglas Road) and north (80th Street) sides of the property will not change. With the exception of the number of conifer trees, the existing and proposed quantities of plants on the site is an improvement to the existing landscaping materials presently on the site and the proposed additional planting enhances the overall appearance of the site. The table below compares the ordinance landscaping minimum requirements with the existing and pro- posed landscaping improvements. Landscaping Required Ordinance Existing /Proposed Minimum Open Space 25% 32% Parking Lot Interiors 8% 23% Building Perimeter Avg. Depth 4 ft. Avg. Depth > 4 ft. Overstory Trees 13 9/0 Coniferous Trees 12 210 Large Shrubs 28 35/52 Small Shrubs 28 Approx. 70 / 28 A copy of the Landscaping Plan is shown below and attached to this planning staff report. Outdoor Patio E I I I I ! ro ug Rain Garden 1 O Landscaping Plan Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 10 of 13 Grading The only area of this site to be graded will be south of the existing commercial building to exca- vate a rain garden (stormwater basin). This rain garden is proposed to comply with water quality requirements and rate control for the new impervious surfaces that are added to this site. Be- cause the proposed rain garden is within a wellhead protection area, the basin must be lined with clay and drain tile installed along the bottom of the basin. The drain tile will then connect to an existing storm sewer. Some of the roof drainage will be directed to this basin. The design of this proposed rain garden must be modified to accommodate sidewalks along the south side of this property. The grading and site plans must be revised to show the sidewalks and rain garden changes. At the southeast corner of the building, a trench will be excavated to abandon a portion of the existing water service line. A new water service line having a larger diameter water service pipe will be constructed. Upon completion of this work, the grade and lawn will be restored. The city is requiring the construction of concrete sidewalks along the south side of the property. The purpose of these sidewalks is to improve pedestrian access and safety so they don't have to walk in traffic lanes. Because access and parking is shared with other commercial businesses within the Grove Plaza Shopping Center, customers parking in the Home Depot parking area will have to walk to the front entrances of the three new businesses. The proposed sidewalks will provide pedestrians an improved route to business entrances at this site. u 4 ) ^ v Y,, v Wide o valk o no y n� T 4 of O Grading Plan t -` Pro s Sto n V441tor Basin Utilities The subject property is within the Metropolitan Urban Service Area (MUSA). The current sani- tary sewer and water services connect to city utilities located in 80th Street and within the Grove Plaza Shopping Center. A larger diameter water service line will be constructed to the building. £0 , �1 c° .fE � •itxwln �y�`Z4 ; Grading Plan t -` Pro s Sto n V441tor Basin Utilities The subject property is within the Metropolitan Urban Service Area (MUSA). The current sani- tary sewer and water services connect to city utilities located in 80th Street and within the Grove Plaza Shopping Center. A larger diameter water service line will be constructed to the building. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Pagel 1 of 13 All city utilities in this vicinity have the necessary capacities to adequately serve the proposed tenants in this structure. Utility connection fees, sewer availability charges, and related development fees will be added to the building permit fee. The City's Engineering Division has provided general comments based on the applicant's de- velopment plan and stormwater calculations. A copy of their letter prepared by Ryan Burfeind and dated December 3, 2013 is attached. Public Hearing Notices A public hearing has been scheduled for the Planning Commission meeting on December 16, 2013. A notice announcing this public hearing was published in the South Washington County Bulletin on December 11, 2013. Public hearing notices were mailed to 17 neighboring property owners on December 5, 2013. Recommendations That the Planning Commission recommends that the City Council approve the conditional use permit application to allow on -sale liquor license in the north and south tenant spaces of the exist- ing 6,656 square foot commercial building. Approval of the conditional use permit application is subject to the following conditions: 1. All applicable permits (i.e.; building, electrical, grading, and mechanical) and a commercial plan review packet for each tenant space must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans for each tenant space must be reviewed and approved by the Building Official and Fire Marshal. 2. The applicant receives building permits from the City of Cottage Grove for each tenant space prior to any construction within that particular tenant space. 3. Final drainage plans must be submitted to the South Washington Watershed District for review. 4. Irrigation shall be provided for all sodded and landscaped areas. The irrigation system shall consist of an underground sprinkling system that is designed by a professional irrigation installer to meet the water requirements of the site's specific vegetation. The system shall be detailed on the landscape plan. 5. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut -offs. The specifications of all light fixtures must be provided with the ap- plication for a building permit. 6. Final architectural plans, lighting details, and exterior construction materials and colors must be reviewed and approved by the Planning Department prior to the issuance of a building permit. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 12 of 13 7. The grading and erosion control plan for the site must comply with NPDES II Permit re- quirements. Erosion control devices must be installed prior to commencement of any grading activity. Erosion control must be performed in accordance with the recommended practices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Con- struction, of the City's Subdivision Ordinance. 8. The applicant must provide the City with an as -built survey of all private utilities prior to issuance of certificate of occupancy. 9. The property owner is responsible for maintaining the stormwater basin. A document out- lining the scope and frequency to maintain this basin must be submitted with the building permit application. 10. The design and materials of any fencing on the subject property must match the speci- fications of the Montage Commercial Majestic 3/4 - Rail Fence. 11. Installation of landscaping shall occur in a timely fashion and be consistent with an ap- proved plan. A letter of credit in the amount of 150 percent of the landscape estimate shall be submitted to the City as required by City ordinance (Section 28- 41(1)). The finan- cial guarantee shall be in effect for one year from the date of installation to ensure the installation, survival, and replacement of the landscaping improvements. 12. Roof -top mechanical units shall screened as required in 11 -6-4 of the City's Zoning Ordin- ance. 13. A six -foot wide concrete sidewalk must be constructed along the north side of the shared access drive connecting to East Point Douglas Road, between the existing concrete sidewalk paralleling East Point Douglas Road and the two -way access drive for the pro- posed site. A pedestrian ramp compliant with the City's standard design details must be installed on the east and west sides of the two -way access drive entrance located at the southwest corner of the site. The required location of these sidewalks is shown on the grading plan illustration in the planning staff report dated December 16, 2013. 14. A six -foot wide concrete sidewalk must be constructed southwest of the building's corner to provide a pedestrian walkway from East Point Douglas Road and the shared parking from the Home Depot property. A pedestrian ramp compliant with the City's standard de- sign details must be installed at the southern terminus of the site closest to the Home Depot property. The required location of these sidewalks is shown on the grading plan illustration in the planning staff report dated December 16, 2013. 15. A liquor license must be approved by the City Council for any tenant space proposing to serve alcohol beverages before that particular tenant space can serve alcohol beverages. 16. The recommendations cited in Ryan Burfeind's memorandum dated December 3, 2013 from the City's Engineering Division must be complied with. Venture Pass Partners Planning Staff Report — Conditional Use Permit December 16, 2013 Page 13 of 13 17. Each tenant's horizontal wall sign band must be uniformly designed and not exceed two colors. If signs are lighted, the light source must be internal to the sign cabinet. A logo sign may be multi - colored and not exceed 36- inches by 36- inches. The maximum sign display height is 36 inches. Multiple horizontal lines may be allowed, but must not exceed the 36 -inch horizontal sign display height. Each tenant's wall sign must only be mounted on the exterior wall of that tenant's dedicated space and must not exceed ten percent of the exterior wall area that the sign is mounted to for that particular tenant. 18. Delivery and pick -up vehicles must not block the access drive located between the sub- ject property and the Starbucks/Turbo Nails property. If it is determined that motorists exiting the Starbucks drive -up window cannot safely exit or cannot reasonably exit the drive -thru lane, the property owner of 7180 East Point Douglas Road must prepare a plan for the City's review and approval to improve traffic flow. Prepared by: John McCool, AICP Senior Planner Attachments: Project Narrative Site Plan Building Elevations Landscaping Plan Grading Plan Excerpt from Declaration of Restrictions and Easements Burfeind Memo dated Dec. 3, 2013 Venture Pass Partners, LLC on Behalf of KCR Corporation Reuse and Remodel of Existing (vacant) Hollywood Video Facility 7180 East Point Douglas Road, Cottage Grove, MN Conditional Use Permit Request We are proposing to reconfigure the existing and now vacant Hollywood Video building at 7180 East Point Douglas Road in Cottage Grove. The intent is to demise the existing shell into a multi- tenant configuration, incorporating "Fast Casual" restaurant uses into each endcap. It is anticipated that one or both of our endcap restaurant tenants will require liquor licenses as part of their operation, so it is for that purpose that we are requesting the Conditional Use Permit. It should be noted that the nature of the anticipated liquor sales shall just be counter service beer or beer /wine as is typical with these national fast - casual operations. The reconfiguration of the building includes demising the footprint into three premises, upgrading and distributing utility services, including the likely incorporation of a fire sprinkler system and a grease interceptor structure. Exterior architecture and materials shall be enhanced in keeping with tenant trade dress requirements and city standards. The site layout remains essentially unchanged, with the exception of small outside patio seating areas at each endcap. The tenants will appropriately place railings around these patio areas as /if required as part of the tenant's build -outs. 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A... — — ,... —., _ I� I r u REA . � 0 -,9� O O F.ae 0 s� 4j uy u - - in,.., ma. A... — — ,... —., ig { \ \} 9 \ UNI ; ) !< _a » < 10 z as ID INO na - tGl H.M ig { \ \} 9 \ UNI ; ) !< C X , 0 // 1 4 �/ * TABLE OF CONURNTS it (�Jo 't� Grove, Minnesota (Store Xo. 20191,CLMS No. UB-20W00140$) � l. Access f$memuents .... ^ ........................ ..... . .... . ...................................... 2-5 2 . ..°.. ......................... ^ ....... . ........ ........ 3 1 ...~-.,,....°—...+—...,.---,.. 5~4 4` � � ......................................... . ................ `�^,~,.4 5^ Right to Construpthotin8s, �)pm4aUVon ebc. .......... .. ............... ............... 4 <� Exoluoive/}}w:R:stzixtiong ..... ............... .~, ... §^6 T......... ............... ...�--..,.�._^.,..~.................. 6. 8, /nmuruoOe ........... .......................................... __.-....`.. & Liaoo ............. -. ............. ........................ ........................ ............ . .......... 7 10. Easements for Incidental . .............. ....... .- ................... .J TI , Taxesond .. .......... , ............................................... ....... .Y~8 11 Damage or Destruction. .................................. .......... ...................... .......... & 13 . Non4ediefttiop. ... .............. _~.~^ ... ~~ .... ................... -°.......8 14 . lwxdvatioo ... ....... ....... ...... .................. ................... ......... .......... .......... 8 1.5` Noidi*tVeuUure ...................................... .............. ................................ $ 16 .. Condemnation ....~^...^~.^.~'`.~.~°._..~.,".^.~'=.`,,~~8 17. Def ......... ............ ........... .,` .... 8 D� Applicable Law ..... ... ............. ............................................... .................... g 19. Amendment ........... .... -" ..... , ................... ..... ............................ ............... 9 20 Counterparts ...................................... °.~,°.~,' ......... ............. ............ 9 21 . l96 ....... ....... - ........... ... .... ...... ................ .... .. ............... �0 *The Wes given to eachof these paragraphs are summaries as opposed to actual4osigned 0 0 DEM, ED TERMS RESTATED DECLARATION OF RESTRICTIONS AND EASEMENTS Cottage - Grovp, Minnesota (Store No. 28191 CLUS No,. ARE Term Page Para y�mhl mLfiquNp. COmmonAreas 2 1 CQrstractilon Limits 7 10 Doclaratiqo I Statement Detention POW By, Others 2 1 3 3. RdsfiqZ Unbo✓,Foods . ... ApImAg 1 Witnosseffi Grantors I W4nesseth Czroae Ow I r _ y Staterne mt Grove-Un.b Parcel 3 3 �Opd)ljdeo 'Dr4ot 2 1 home Divot I ProlijiAgary $tAtc#ient home De ot Parcel I wit6ss Ltk Ifeftsingtpq I I Preliminary §tatement Momment Si pm 4 3 Or! Dbdua4pn property I Wituesseth Proposed Monument Sign 4 3 .3 Restricted Use Area 6 6 Site Plan 2 1 LTruck Entrance arrd 'Exit 7 IAD I White Bear Parcel I Witnesseth DAMMEONEDFROCOTTAGE MiW4=A .dw Declaration in its entirety and subatitute, impose, establish and grant in its stead the following restrictions, reservations, and easements hereinafter set forth cn the Property. Said rests ictions, reservations, and easements shall constitute covenants running with the land to beno£it.and burden all of the Property irrespective of the manner in which title to the Property may be subsequently divided. Any person orpersons, corporation, trust, partnership or othertegal entity whatsoever, bereafter becoming the owner, either directly or indirectly, through subsequent transfer or in.any manner whatsoever, of any portion of the Property and all tenants, customers, invitees, employees, and mortgagees shall take, hold and convey the Same subject to the - following - W snau trave.a perpetual nght or access to and use of the detention pond labeled ' on the Site Plan as "PetentionPondbyOthers "for purpose of. draining the Homc Depot Parcel. Notwithstanding the foregoing, Home Depot shall have the free and unfettered right to use the sidewalks on the Home Depot Parcel for temporary storage, display and sale of merchandise, roving food eart vendor sales, seasonal sdles, .and for any other use consistentwith the operation by Home Depot of its home improvement store and Fleming shall have the free and unfettered right to use the sidewalks adj scent to the space leased by Fleming, as shown on the Site Plan, for roving food cart vendor sales, providedihat no food carts may be located within 40 feet of "Suite 13 as shown on the Site flan: Theowner or owners of portions. of the Property shall have the right at an y time to construct such permauent:buildings as they may require on portions of the Property owned by'them, which permanent buildings shall not be deemed to encroach on the easements created'by this Declaration, provided that: (i) a paved service drive as shown on the Site Plan shall at all limes be maintained (eaeh,owner of a portion of.the Property shall be responsiblo for maintaining and replacing, as necessary, that part of the service drive J.ocated.on its portion of the Property) to allow for circular traffic around the. buildings, other than the buildings which are now or which may hereafter be constructed on the Remainder Tract or on that portion of the Properly designated on the Site Plan as the "Hollywood Video *Tract' (the legal description's of the Hollywood Video Tract is attached hereto as Exhibit, "E" ; (ii) all buildings shall be located as set forth.on the Site Plan; and (iii) :the.owner of each portion of the Property shall at -all titres maintain the parking requirements set forth in Paragraph 2 hereof. Notwithstanding the restriction in subsection (ii) of this paragraph, any owner of that portion of the Property ' indicated on the Site Plan as the Remainder Tract may construct thereon any.building and/or other amenities which are approved by the City of Cott-ago Grove or any olhermuuioipal or governmental authority with jurisdiction subject to the further restrictions contained in this F:164dd01"0G}040302 Re$dle Vn Rlftic and Rnl,,, .d,, -2- 3243180 IIESTATED DECLARATION OMSTRICTIOPIS ALAD EASEMENTS CON f41�RC1d1 'HIS RE' STATk :WD ECLARATZON.OFUESTRI M TIOlY AiVALA� TS (this " Declaration"), made and entered into as of .,J' P— 2002, by and .among GROVE- RAINBOW, LP., aMinnesota limitedpartnership (".(3rrove- Rainbow ") and HOME DEPOT U.S.A., INC. a Delaware corporation ( "Home Depot "); NATIONAL PROPERTY ANAL'YSTS,.INC, a Pennsylvania corporation ("NPA" ); and KENSINGTON COTTAGE CORPORATION OF ROCHESTER, II, 'a Minnesota Corporation; alsolam" as KCR Corporation.( ".Kensington "). WITNESSETH: WK WAS, White Bear Lades Associates, a New York.limited partnership, as predecessor in'interest to .Grove- Rainbow, executed and caused to be recorded that certain Declaration of Restdotions and Basements (the ".Original Declaration ") affecting the property described on the attached EyNbit A (the "Property" , dated December 19, 199$ and recorded in the Office.ofthe County Itecorder for Was gtost ' ounty, Minnesota, on January 4,1990, as Document N1o.868'134; and WHEREAS, Home Depothas purchased aportion oftheProperty (more particularly described on the.attached 13 and hereinafter: referred to as the "Home Depot Parcel ") for the intended purpose of constructing on the Home Depot Parcel a home improvement center, and NPA has purohmed.a portion of the Property.(more particularly .described on the attached. Exhibit '`.`1?" ), and in consideration of same, Grove- Rainbow, NPA and Kensington (,rove- Rainbow, Home Depot, NPA and Kensington are hereinafter referred to as "Grantors ") now desire, with the consent of ftming Companies, Inc, atr Oklahoma corporation ( "Fleming "), as required by the Original Declaration, to terminate the Original Declaration and the Grantors desire to substitute this Declaration in its place; and WHEREAS, Grove - Rainbow represents; that, with the exception ofFlemmg, there are no other tenants of itsparcelwhose consent is required to terminate the Original Declaration.and to substltuto lus Declaration in its place; and WHEREAS, .Grantors desire to insure that the Property (which shall for all purposes herein also include the "White Bear Parcel." as .described on attached Biddhit A will.at all times in the future be used as an integrated retail shopping center notwithstanding,any future separation of title to portions of the Property, and desire to establish certain rights to use and a plan for development of the Property for such use. MOW, THE"FORE, for the purpose of providing for the continued use of the Property as a s"mghe integrated parcel of real estate for the mutual benefit of Grantors -and Fleming, their successors, assigns and subtenants, for the purpose ofproviding adequate $ranting for all phases of development of the Property, and in consideration of other good and valuable consideration, the receipt of which is hereby acknowledged, Grantors .do hereby terminate the Original FA60000100A040302'Resl$Ie Dan R" do and Easannd t.doo Declaration. Each owner of.a portion of the i'raperty agrees to fully cooperate with the owner of the Remainder Tract in its efforts to obtain any necessary site plan approvals, building permits or approvals which are necessary to permit the contraction and operation of a.building on the Remainder Tract, providod,no expense is incurred by such owner and further provided such building is in compliance with this Declaration. The rights, privileges and.interests'in the Common Areas conveyed in this Paragraph L to an owner or owners of .a portion or portions of the Property and their respective heirs, successors, assigns,. customers, invitees, employees, mortgagees, tenants, and tenauks customers,'invitees, employees, servants and agents are to be considered and construed for all purposes as a grant.of an casement interest the Common Areas for the benefit of such owner or owners. I Grove- Rainbow and Home Depot shall each`have aperpetual easement to use and maintain sign panels on each face of the existing pylon sign • structure' located on the "Grove= Rainbow Parcei" (as this parcel is depicted on the Site Plan) in the area indicated on the Site Pfau as "Existing Pylon: Sign" (hereinafter, such pylon sign is referred as the "Pylon Sign "). Subject to obtaining governmental approvals, the Pylon Sign shall be redesigned and improved by Grove- Rainbow substantially as set forth in the sign.exhibit attached as Exhibit T" with that amount of square feet of the per face signage area thereon to be utilized by Home Depot to be fifteen feet (15) by fifteen feet (15'), consistent with the design- Exhibit P as depicted on attached " " ". Each sign panel on the pylon Sign shall be in the positions indicated on the attached. Exhibit 'T ". Each sign panel on the Pylon Sign shall be maintained in good repair by its respective owner at such owner's solo cost and expense. All parts ofthe Pylon Sign outside of the individual sign panels, including but not limited to, the structure of the Pylon Sign shall be maintained in good.repair by Grove- Rainbow, subject to reimbursement by Home Depot for a portion of the total cost ofsuch maintenance and repair equal to a.fraetion of such total, the numerator of - which is the total square footage of sigh space on the Pylon Sign being used by Home Depot and the denominator. ofwhich is the overall total square footage of siguspace 'FMfi000PIWA040302_Resj* Dw Rotric and Bgtmen ba -3* available on the Pylon Sign. Grove- Rainbow shall keep an accurate "set of books and records of all costs - to 'be shared heireunder for at least three (3) years after work is complote and Homo Depot may.cause, at my reasonable time after ten (10) days written notice, a bomplete audit to be made of records relating to such costs. if such audit shall diselose an overcharge to the extent of three percont (3 %) or more of the costs theretofore computed and paid by Home Depot for such work, Developershall promptly pay Home Depot the cost of said audit in additionto.tho overcharge, which overcharge shall be payable in any event. Home Depot shall have reasonable access to theGrove- Rainbow Parcel for purposes of ereoting, illuminating, maintaining, repairing and/or replacing its sign panel. Home Depot.shall maintain a separate clectrical line and shall separately meter its sign panel.on the Pylon Sign. .Tome Depot may make changes to. and/or replace its sign panel so long as all necessary governmental approvals are obtained. Kensington grants to Home Depot a temporary construction easement over the Hollywood Video Tract to construct, at Home Depot's solo cost and.oxpense,.amonurnent sign (hereinafter, such monument sign is roferred to as to "Mom ument Sign ") en the Hollywood Video Tract in the area indicated on the Site Plan as "Proposed Monument Sign ", and Home Depot and Kensington shall each have :a perpetual easement to use and maintain a sign panel on eachface o£suchMonument Sign. Subject to obtaining governmental approvals, the Monument Sign shall he designed substantially as set forth in the sign exhibit attached.as. "G" with that amount of square feet of the per face signage area-thereon to be utilized by Home Depot to be ten feet (10) by ten feet (10'), consistent with the design .as.depicted on attached xhihit "G ". Kensington shall be entitled to a:signpauel on the remainder oftheMonument Sign in the position indicated on the attached xlub "t "G ". Home Depot shall be responsiblo, at its sole cost, for maintaining the Monument Sign :structure .in good repair, Home Depot and Kensington shall each be responsible for keeping and maintaining its respective panel in good repair, and shall each be responsiblefor the cost of electricity provided for the purpose of illuminating its respective panel. Homo Depot shall have reasonable access to she Hollywood Video Tract for purposes of erecting, illuminating, maintaining, repairing and/or replacing its sign panel, including the right to install necessary electrical lines upon or under the Hollywood Video Tract for purposes of illuminating its sign panel (provided the location ofsuch lines do not interfere with the business operations on the Hollywood Video Tract). Electricity provided for the illumination ofsign panels on the Monument Sign shall be separately metered, unless otherwise agreed, to'in writing by Horne Depot and Kensington.. Home Depot and Kensington may make changes to and/or replace their respective sign panel on the Monument Sign so.long as all necessary governmental approvals are obtained. F:1600001006104D3D3_tulauI.0 R.Mc a"daaaomeaWft 4- 0 p a � ', �c Cottage J Grove If- pride and P1OS?eritV Meet To: John McCool From: Ryan Burfeind Date: December 3, 2013 Re: 7180 E Point Douglas Road Plan Review This memo summarizes the engineering review of the 7180 E Point Douglas Rd. plans. This review is based upon documents submitted by MFRA, dated 11/18/2013 — Revision A. General 1. A surveyed as -built plan shall be provided to the City of Cottage Grove upon completion of the project. 2. All City of Cottage Grove standard detail plates referenced can be found on the City website at cottage- g rove. org, under the engineering department, and shall be included in the plans. Water Main 1. Existing water service shall be silver soldered and capped. The abandoned water service shall be marked with a buried 2x2 and ties shall be taken for future reference. The location of the abandoned water service shall be included on the final as -built drawing. 2. New water service wet tap shall conform to detail plate WAT -5. Storm Sewer 1. The proposed site is located within the Wellhead Protection Area for the City's Well #10. The City does not allow infiltration within wellhead protection areas; therefore, one alternative would be to convert the proposed rain garden to utilize filtration. The proposed rain garden could be lined with clay and drain tile along the bottom of the feature be added. It appears that the drain tile can tie into the existing catch basin adjacent to the rain garden. 2. The volume of the proposed rain garden meets the City's volume control and rate control requirements. 3. The submitted Stormwater Management Report states that building roof drainage will be routed to the proposed rain garden. Please quantify the amount of impervious surface that will be routed to the rain garden. 4. A maintenance agreement, which includes the maintenance measures and frequencies stated in Section V in the submitted Stormwater Management Report, should be submitted to the City for review. The agreement should state that an annual report showing the prior year's inspection and maintenance activities be submitted to the City. Erosion Control 1. Silt fence shall be required down gradient of all disturbed areas. Silt fence shall be installed per detail plate ERO -1C 2. Inlet protection is required on all storm sewer catch basins down gradient of disturbed areas. Inlet protection shall conform to ERO -4C or equal.