HomeMy WebLinkAbout2016-05-18 PACKET 07.K. Cottage
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Clt�/ COUI'1CII CONSENTAGENDA
Acfion Request Form �'K'
Meeting Date
5/18/2016
Department
Community Development
Title of Request
Amending City Resolutions for Hy-Vee, Inc. and Grove-Rainbow Properties
Staff Recommendation
1) Adopt Resolution 2016-103 rescinding, cancelling, and terminating Resolution No. 01-
132, except for a parking variance on Lots 2 and 3, Block 1 in Grove Plaza 3rd Addition as
stated in the attached draft resolution. 2) Adopt Resolution 2016-104 amending Resolution
No. 2015-105, which approved the preliminary and final plats for Grove Plaza 3rd
Addition; a site plan review for the redevelopment of the Grove Plaza Shopping Center;
conditional use permits for a restaurant with liquor, drive-through pharmacy and grocery
pick-up, comprehensive sign plan, motor fuel/convenience store with outdoor displays,
outdoor display in front of the grocery store, and vertical designed wind turbines;
variances to minimum parking setbacks, minimum landscaping regulations, off-site
signage, and outdoor temporary/seasonal sales; and an interim conditional use permit for
outdoor seasonal sales.
ATTACH MENTS:
Description Type Upload Date
Council Memo Cover Memo 5/13/2016
Resolution Rescinding, Cancelling, and Termination Resolution 5/13/2016
Res. No. 2016-040
Resolution Amending Res. No. 2015-105 Resolution 5/13/2016
Cottage
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TO: Honorable Mayor and City Council
Charlene Stevens, City Administrator
FROM: John McCool, Senior Planner
DATE: May 11, 2016
RE: Hy-Vee, Inc. and Grove-Rainbow Properties — City Resolutions
Proposal
As part of the development agreements with Grove-Rainbow and HyVee, Inc., both landowners
requested that all past City approvals for site plan review, conditional use permits, interim condi-
tional use permits, and variances for each of their respective properties be terminated. A new
City resolution for the Hy-Vee redevelopment project was prepared and will only pertain to the
two parcels (Lot 1, Block 1 and Outlot A in Grove Plaza 3rd Addition) they now own at 7282
East Point Douglas Road. Grove-Rainbow is required to file with the City planning applications
pertinent to their existing and future re-development plans for Lots 2 and 3, Block 1 in Grove
Plaza 3rd Addition. By adopting the following resolutions, each property owner will have clear
title, and the conditions of approval for the Hy-Vee re-development project previously approved
by the City on October 7, 2015, will be reinstated and apply only to their property.
City Council is recommended to adopt the following resolutions:
1) A resolution rescinding, cancelling, and terminating Resolution No. 01-132, except for a
parking variance on Lots 2 and 3, Block 1 in Grove Plaza 3rd Addition as stated in the
attached draft resolution.
2) Amend Resolution No. 2015-105, which approved the preliminary and final plats for Grove
Plaza 3rd Addition; a site plan review for the redevelopment of the Grove Plaza Shopping
Center; conditional use permits for a restaurant with liquor, drive-through pharmacy and
grocery pick-up, comprehensive sign plan, motor fuel/convenience store with outdoor dis-
plays, outdoor display in front of the grocery store, and vertical designed wind turbines;
variances to minimum parking setbacks, minimum landscaping regulations, off-site sign-
age, and outdoor temporary/seasonal sales; and an interim conditional use permit for
outdoor seasonal sales.
Background
The City Council approved the revised Grove Plaza 3rd Addition final plat on March 16, 2016
(Resolution No. 2016-048).
Approval of the aforementioned resolutions will retain the same conditions listed in the original
Resolution No. 2015-105 for Hy-Vee, Inc.'s redevelopment plan. The resolution proposing to
City Council and City Administrator Memorandum
Grove-Rainbow and Hy-Vee, Inc.
May 11, 2016
Page 2 of 2
amend Resolution No. 2015-105 will not include the preliminary and final plat approval for the
Grove Plaza 3rd Addition. The legal description used for this resolution will only be for land
owned by HyVee Inc. Previously, Resolution No. 2015-105 included the legal description for
property now owned by Grove-Rainbow. In the near future, HyVee, Inc. will file a revised site
plan and conditional use permit with the City because of modifications they may make to their
site. A new resolution approving the changes to their redevelopment project will amend the
resolution the City Council is recommended to approve on May 18, 2016.
Grove-Rainbow is required to file their own planning applications with the City for their existing
site and business uses and any future redevelopment plans. The City's review of the existing
developed site, except for parking variances on Lots 2 and 3, Block 1 in Grove Plaza 3rd Addi-
tion will apply only to the two lots owned by Grove-Rainbow.
Recommendation
That the City Council adopt the following resolutions:
1) A resolution rescinding, cancelling, and terminating Resolution No. 01-132, except for a
parking variance on Lots 2 and 3, Block 1 in Grove Plaza 3rd Addition as stated in the
attached draft resolution.
2) Amend Resolution No. 2015-105, which approved the preliminary and final plats for Grove
Plaza 3rd Addition; a site plan review for the redevelopment of the Grove Plaza Shopping
Center; conditional use permits for a restaurant with liquor, drive-through pharmacy and
grocery pick-up, comprehensive sign plan, motor fuel/convenience store with outdoor dis-
plays, outdoor display in front of the grocery store, and vertical designed wind turbines;
variances to minimum parking setbacks, minimum landscaping regulations, off-site
signage, and outdoor temporary/seasonal sales; and an interim conditional use permit for
outdoor seasonal sales.
RESOLUTION NO. 2016-XXX
A RESOLUTION RESCINDING, CANCELLING AND
TERMINATING RESOLUTION NO. 01-132,
EXCEPT FOR A PARKING VARIANCE ON LOTS 2 AND 3, BLOCK 1
IN GROVE PLAZA 3rd ADDITION AS STATED HEREIN
Whereas, on March 2, 2016, the City Council adopted Resolution No. 2016-040,
recorded on April 1, 2016 as Document Number 4062178 ("Res. No. 2016-040"), which
pertained to previously platted parcels of real property within the City of Cottage Grove,
Washington County, Minnesota formerly known as Grove Plaza 2nd Addition; and
Whereas, Res. No. 2016-040 rescinded, cancelled, and terminated numerous resolutions
related to property within the Grove Plaza 2nd Addition; and
Whereas, Resolution No. 01-132, recorded on October 29, 2001 as Document Number
3189465 ("Res. No. 01-01-132") was included as one of the resolutions in Res. No. 2016-040
that was rescinded, cancelled, and terminated; and
Whereas, the City Council amended Resolution No. 2016-040 on April 6, 2016 in order to
preserve portions of Res. No. 01-132 that were still applicable to certain property now platted as
Lots 2 and 3, Block 1 in Grove Plaza 3rd Addition, with the understanding that Res. No. 01-132
would be modified and amended to reflect the surviving portions of Res. No. 01-132 and clarify
as to which lots the surviving portions pertain.
NOW THEREFORE, be it resolved by the City Council of the City of Cottage Grove,
Washington County, Minnesota, as follows:
1. All of the approvals contained in Res. No. 01-132 related to properties within
Grove Plaza 3rd Addition is rescinded, cancelled, and terminated, with the
exception of allowing a variance for parking, which is preserved as follows:
a. A minimum of 402 off-street parking spaces shall be required to be constructed
or maintained on Lot 3, Block 1 in Grove Plaza 3rd Addition, Washington
County, Minnesota ("Lot 3").
b. A total of 96 off-street parking spaces must be reflected on the site plan on Lot
3, Block 1 in Grove Plaza 3rd Addition that is on file with the City as "proof of
parking" that could be constructed upon notification by the City that a
determination was made that the number of existing off-street parking spaces
is deficient.
c. A minimum of 31 off-street parking spaces shall be required to be constructed
or maintained on Lot 2, Block 1 in Grove Plaza 3rd Addition, Washington
County, Minnesota ("Lot 2").
Resolution No. 2016-XXX
Page 2 of 2
2. Such variance shall remain in full force and effect so long as the use of Lots 2 and
3, Block 1 in Grove Plaza 3rd Addition for retail and service establishments do not
change.
Passed this 18th day of May, 2016.
Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk
RESOLUTION NO. 2016-XXXX
RESOLUTION AMENDING RESOLUTION NO. 2015-105, WHICH APPROVED
THE PRELIMINARY AND FINAL PLAT FOR GROVE PLAZA 3RD ADDITION;
A SITE PLAN REVIEW FOR THE REDEVELOPMENT OF THE GROVE PLAZA
SHOPPING CENTER; CONDITIONAL USE PERMITS FOR A RESTAURANT
WITH LIQUOR, DRIVE-THROUGH LANE FOR PHARMACY AND GROCERY
PICK-UP, COMPREHENSIVE SIGN PLAN, MOTOR FUEL/CONVENIENCE
STORE WITH OUTDOOR DISPLAYS, OUTDOOR DISPLAY IN FRONT OF
THE GROCERY STORE, AND VERTICAL DESIGNED WIND TURBINES;
VARIANCES TO MINIMUM PARKING SETBACKS, MINIMUM LANDSCAPING
REGULATIONS, OFF-SITE SIGNAGE, AND OUTDOOR TEMPORARY/SEASONAL
SALES; AND AN INTERIM CONDITIONAL USE PERMIT FOR OUTDOOR SEASONAL
SALES AT 7210 AND 7280 EAST POINT DOUGLAS ROAD SOUTH
Whereas, Hy-Vee, Inc. filed planning applications to redevelop the west half of the Grove
Plaza Shopping Center, which is located on the parcels legally described as Lot 1, Block 1 and
Outlot A, Gove Plaza 3rd Addition, including:
• Preliminary Plat application to re-subdivide Lots 1 and 2, Block 1 in the Grove Plaza
2nd Addition, except for the Merchants Bank parcel (PIN 17.027.21.0047).
• A site plan review for the redevelopment of the Grove Plaza Shopping Center to include
a motor fuel station with a 3,100 square foot convenience retail store, 92,800 square foot
grocery retail with a pharmacy, restaurant with liquor license, banking, off-sale liquor
retail, outdoor garden center, and 561 off-street parking spaces.
• A conditional use permit for each of the following uses:
o Restaurant with on-sale liquor (160 indoor seating capacity)
o Drive-through lane for pharmacy pick-up
o Grocery pick-up lane
o Comprehensive sign plan for the overall site development
o Motor fuel/convenience store with outdoor displays
o Outdoor display in front of the grocery store
o Vertical designed wind turbines
• A variance to the City's minimum parking setbacks, minimum landscaping regulations,
and outdoor temporary/seasonal sales display.
• An interim conditional use permit for a seasonal garden center with a 2,000 square foot
plastic shell over a hoop-framed temporary structure that is proposed to be set-up in the
westerly corner of the proposed Hy-Vee site between May 1 and July 1. The interim
conditional use permit for a temporary outdoor seasonal garden center will expire
July 1, 2020. If the applicant decides to continue using the seasonal garden after the
interim conditional use permit expires, the applicant must file another interim
conditional use permit application with the City.
Resolution No. 2016-XXX
Page 2 of 2
WHEREAS, the Planning Commission held the public hearing on these applications on
September 28, 2015; and
WHEREAS, the Planning Commission recommended approval of the planning
applications, based on the findings of facts and subject to the conditions listed in the Planning
Staff Report dated September 28, 2015; and
WHEREAS, the City Council approved the planning applications on October 7, 2015 and
adopted Resolution No. 2015-105, recorded on February 18, 2016 as Document No.
4057907 ("Original Resolution No. 2015-105"); and
WHEREAS, Resolution No. 2016-048, adopted on March 16, 2016, amended Original
Resolution No. 2015-105 regarding the approval of the Grove Plaza 3rd Addition regarding
the final plat only, which was modified to reflect that the Grove Plaza 3rd Addition final plat
now consists of three platted parcels and one outlot: Outlot A and Lot 1, Block 1, Grove Plaza
3rd Addition (under the ownership of HyVee, Inc.) and Lots 2 and 3, Block 1, Grove Plaza 3rd
Addition (under the ownership of Grove-Rainbow, L.P.).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage
Grove, Washington County, Minnesota, hereby approves the following:
1. The amendment of Original Resolution No. 2015-105 to approve the preliminary
plat, site plan review, conditional use permit, variance, and interim conditional use
permit applications filed by Hy-Vee, Inc.; and
2. Original Resolution No. 2015-105 shall only be applicable to Lot 1, Block 1 and
Outlot A, Grove Plaza 3rd Addition; and
3. Original Resolution No. 2015-105 shall only be recorded against Lot 1, Block 1 and
Outlot A, Grove Plaza 3rd Addition.
Passed this 18th day of May, 2016.
Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk