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CITY COUNCIL <br />WORK SESSION STAFF REPORT <br />ITEM NO. 4 <br /> <br />STAFF ORIGINATOR: Michael Grochala, Community Development Director <br /> <br />WORK SESSION DATE: December 4, 2023 <br /> <br />TOPIC: Java Companies Concept Plan <br /> <br />______________________________________________________________________________ <br />BACKGROUND <br /> <br />The City entered into a purchase agreement with Java Companies for the purchase of City <br />property located, in part, at the northwest corner of Lake Drive and 77th Street and at 7685 <br />Lake Drive. The properties total 2.24 acres. <br /> <br />The sale is conditioned on a number of items most notably a restriction that the Property, north <br />of the new street shall not be used for Automobile or Truck Repair, car wash or as Motor Fuel <br />station. The agreement also includes requirements that the buyer acquire the property at <br />7691 Lake Drive (“Broker” property), and Buyer must acquire 7681 Lake Drive (“Hylander” <br />property) within 36 months of closing or ownership of the 7685 remnant reverts back to the <br />City. <br /> <br />Since execution of the purchase agreement the buyer has worked diligently to acquire rights to <br />the Broker and Hylander properties, identify users, and prepare an initial concept plan. Java <br />has presented a concept for city review that includes: <br />• Day care facility <br />• Oil change facility <br />• Drive thru coffee shop <br />• Car wash (south of new street) <br /> <br />As proposed the oil change facility would violate the restriction included within the purchase <br />agreement. For reference the Zoning Ordinance defines both Auto Repair – Major and Minor <br />as follows: <br /> <br />AUTOMOBILE REPAIR-MAJOR. General repair, rebuilding or reconditioning engines, motor <br />vehicles or trailers; collision service, including body, frame or fender straightening or repair; <br />overall painting or paint job; vehicle steam cleaning. <br /> <br />116