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4.1 Java Companies Parkview Retail 3rd Addition Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 11 September 2023 PRESENTER(s) REVIEWED BY: ITEM #: Planning City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney Kendall 4.1 – Java Parkview Retail STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve a Conditional Use Permit, Site and Building Plans, a Site Improvement Performance Agreement, and vacation of existing drainage and utility easements. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission on 5 June 2023 BACKGROUND/JUSTIFICATION: Java Companies has submitted application to develop Lot 1, Block 1, Parkview Retail 3rd Addition located west of Parrish Avenue (CSAH 42) between 87th Street and 88th Street. The proposed development consists of a 6,062 square foot multiple tenant building, which includes a drive through service window and lane for a bank automated teller machine. The development requires application for a Conditional Use Permit for a convenience food restaurant, site and building plan review, and vacation of an existing drainage and utility easement. A public hearing to consider the application was held by the Planning Commission meeting on 5 June 2023. There were no comments from the public. The Planning Commission expressed reservation about the site design that located the building in the eastern portion of the lot close to Parrish Avenue (CSAH 42). The Planning Commission believed the proposed location was incongruent with the location of existing and planned commercial buildings to the north and south of the subject site. Based on the comments of the Planning Commission, the developer revised the site plans to shift the building west while facing Parrish Avenue (CSAH 42) with parking and the drive through stacking lane east of the building. The change to the site plan is responsive to the comments of the Planning Commission and the efforts of the developer are greatly appreciated. The City Attorney has drafted a Site Improvement Performance Agreement for the proposed development. Consideration of the development application is up against the review timeline established by Minnesota Statutes 15.99, which the developer has extended to 26 September 2023. SUPPORTING DOCUMENTS ATTACHED: • Planning Report dated 25 August 2023 • Easement Vacation Exhibit • Resolution 2023-55 vacating existing drainage and utility easements • Findings of Fact and Decision • Resolution 2023-56 approving a SIPA • Site Improvement Performance Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2023-55 vacating existing drainage and utility easements; approve a Conditional Use Permit and Site and Building Plans for Lot 2, Block 1 Parkview Retail 3rd Addition subject to the conditions as stated on the findings of fact and decision as presented; and adopt Resolution 2023-56 approving a Site Improvement Performance Agreement. BUDGET INFORMATION FUNDING: BUDGETED: Fund 701 – Development Escrow N/A