HomeMy WebLinkAbout2019-03-26 CC Packet Enclosure X31
Oak Park Heights
Request for Council Action
Meeting Date_ March 26th,2019
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit—Holiday Gas Station 5997 Osgood Ave.
REDBOX Placement.
Agenda Placement New Busine ,,,/
Originating Department/Re. •- . : l son, City Administrator
Requester's Signature
Action Requested Disc 'on, Possible Action
Background/Justificatio "lease lease indicate if any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Richards, City Planning Consultant
1. Staff Report dated March 7th,2019 as presented to the Planning Commission;
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution.
Page 23 of 48
2
TP 3601 Thurston Avenue N, Suite 100
Anoka, MN 56303
Phone: 783.231.5844
Facsimile: 763.427.0520
TFC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 7, 2019
RE: Oak Park Heights--Holiday Stationstore—Amended
Conditional Use Permit—Redbox Placement
TPC FILE: 236.02— 19.01
BACKGROUND
Jim Moldaschei has made application for an Amended Conditional Use Permit(CUP)to
allow a Redbox at the exterior of the Holiday Stationstore at 5997 Osgood Avenue
North. The Redbox has been placed on the sidewalk at the southwest corner of the
store without prior CUP approvals. The current application requests that it be allowed to
remain.
The site is zoned B-2 General Business District. An Amended CUP is required In that
the original approvals limited outdoor sales to only ice and propane sales in locked
enclosures. The original CUP for the Holiday Stationstore was approved March of
2016.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Application Letter, Jim Moldaschel—February 2019
Exhibit 2: Site Plan with Redbox Location
Exhibit 3: Site Photos(Two Pictures)
PROJECT DESCRIPTION
The letter from Jim Moldaschel, found as Exhibit 1, describes the project. The project
description Indicates the following:
"Thank you for meeting with me on February 6 regarding the conditional use permit for
the Redbox outside our Holiday Stationstore #237. As we discussed, Holiday is very
Page 24 of 48
sorry for neglecting to obtain the proper permit before the Redbox was installed and
hope we can rectify the situation. Many of our customers rent movies from the Redbox
when they are at the store for other purchases so we would like to keep it in place."
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The fuel station, convenience store and car wash are consistent with
this land use designation.
Zoning. The property is zoned B-2 General Business District. A CUP was approved in
March of 2016 to allow for construction of the Holiday Stationstore in this location. One
of the conditions of the approval limited the outdoor sales for the store to the following:
12. Only ice and propane sales in locked enclosures shall be allowed for outdoor
sales.
The City has placed this condition on other fuel stations, most recently the Kwik Trip, to
limit the amount of outdoor storage and sales. The City Council has wanted to limit
these outdoor sales, such as for firewood, softener salt or wood chips to assure the
appearance of the site is kept neat and to reduce hazard they may create. The Redbox
is a contained unit, fits on the sidewalk without blocking visibility or pedestrians, and will
not create any appearance issues. There is parking in front of the Redbox with easy
access for customers.
The criteria found in Section 401.03.A.7 of the Zoning Ordinance must be considered
when reviewing a request for this type.
Conditional Use Permit. The Planning Commission should consider the following
issues in making its recommendation.
The CUP criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as
follows:
1. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving
the property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
2
Page 25 of 48
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The use is consistent with the Comprehensive Plan and will not create any
land use issues. There will be no environmental issues or impact to surrounding
tenants or property owners. The Redbox is placed at the southwest corner of the store
with customer parking directly in front. There would be no traffic or pedestrian issues
created with the Redbox at this location. There is no impact upon public services and
facilities. City Staff sees no issues with the Redbox placement at the Holiday
Stationstore.
Parking. Parking is not significantly impacted by the Redbox. No parking spaces are
removed, and no additional parking i:, required for the Redbox.
Grading/Drainage/Utllities. In that the Redbox is to be placed on an existing sidewalk,
there are no grading, drainage or utility issues created by the Redbox.
Lighting. There is no additional lighting required for the Redbox.
Signage. The Redbox includes signage, but no additional signage is being requested.
The Redbox signs do not affect the overall allowable site signage.
CONCLUSION I RECOMMENDATION
Upon review of the request for an Amended CUP to allow a Redbox at the exterior of
the Holiday Stationstore at 5997 Osgood Avenue North, City Staff would recommend
the project with the conditions as follows:
1. The Redbox shall not be moved from its current location nor shall a different
Redbox be placed onsite unless approved by City Staff.
2. Any additional signage proposed for the site for the Redbox shall be in
compliance with Section 401.15.G of the Zoning Ordinance and will require a
sign permit.
3. Any additional lighting proposed for the Redbox shall be in compliance with
Section 401.15.B.7 of the Zoning Ordinance and approved by the City.
Pc: Julie Hultman
3
Page 26 of 48
HOLIDAY STATIONSTORES
4587 American Boulevard West.B:ocmlrgton.MN 55437 f8S21830-0700
Direct Diel:1152.832-8076 E-rna$km.
n@1wtWeyounpenkeoxn
February 8,2019
Eric Johnson
City of Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights,MN 55082
RE: Holiday Stationstore#237,5997 Osgood Ave.N.,Oak Park Heights,MN
Dear Mr.Johnson:
Thank you for meeting with me on February 6 regarding the conditional use permit for the
Redbox outside our Holiday Stationstore#237. As we discussed, Holiday is very sorry
for neglecting to obtain the proper permit before the Redbox was installed and hope we
can rectify the situation. Many of our customers rent movies from the Redbox when they
are at the store for other purchases so we would like to keep it in place.
We formally request a conditional use permit for the Redbox at Holiday Stationstore#237.
Enclosed is our completed Development Application, site drawing and check in the
amount of$1,400 for the base fee and escrow amount.
If you need further information to consider this request,please let me know.
Very truly yours,
HOLIDAY STATIONSTORES,LLC
,t71 (1711,441441.
Jim Moldaschel
Regional Director of Operations
JM/ss
Enclosure
RECEIVED
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Page 27 of 48
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Page 30 0f 48
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY HOLIDAY STATIONSTORES FOR AN AMENDED
CONDITONAL USE PERMIT TO ALLOW A REDBOX AT THE
EXTERIOR OF THE STATIONSTORE LOCATED AT 5997 OSGOOD
AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Holiday
Stationstores for an Amended Conditional Use Permit to allow a Redbox at the exterior of the
Stationstore located at 5997 Osgood Avenue North and after having conducted a public hearing
relative thereto,the Planning Commission of the City of Oak Park Heights makes the following
findings of fact:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2, General Business District which requires review and
approval of a Conditional Use Permit for motor fuel stations and car washes; and
4. The Conditional Use Permit approval for development of the Holiday Stationstore
at 5997 Osgood Avenue North was granted by the City Council in March of 2016; and
5. The conditions of approval limited outdoor sales for the store as follows: "Only
ice and propane sales in locked enclosures shall be allowed for outdoor sales."; and
6. Holiday Stationstores has placed a Redbox at the exterior of the store at 5997
Osgood Avenue North in violation of the conditions of approval,but has applied for an Amended
Conditional Use permit to allow the Redbox to remain; and
Page 31 of 48
7. City staff prepared a planning report dated March 7, 2019 reviewing the request;
and
8. Said report recommended approval of the Amended Conditional Use Permit for
exterior placement of the Redbox, subject to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their March 14,2019 meeting,
took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLO G:
A. The application submitted from Holiday Stationstores for an Amended Conditional Use
Permit to allow a Redbox at the exterior of the Stationstore located at 5997 Osgood Avenue
North review affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The Redbox shall not be moved from its current location nor shall a different Redbox be
placed onsite unless approved by City Staff.
2. Any additional signage proposed for the site for the Redbox shall be in compliance with
Section 401.15.0 of the Zoning Ordinance and will require a sign permit.
3. Any additional lighting proposed for the Redbox shall be in compliance with Section
401.15.B.7 of the Zoning Ordinance and approved by the City.
Recommended by the Planning Commission of the City of Oak Park Heights this 141 day
of March 2019.
Timothy Freeman,Chair
ATTEST:
Eric A. Johnson, City Administrator
2
Page 32 of 48
ATTACHMENT A
Amended Conditional Use Permit
Allowing Outdoor Placement of a Redbox
At
Holiday Stationstore#237
Washington County GEO Code: 04.029.20.11.0161
Legal Description: Lot 1,Block 1,Holiday Oak Park Heights Addition
Physical Address: 5997 Osgood Ave.N.
Page 33 of 48
ATTACHMENT B
ti .
•
x.
Amended Conditional Use Permit
Allowing Outdoor Placement of a Redbox
At
Holiday Stationstore#237
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: February 5,2019
Planning Commission Review&Recommendation: March 14, 2019
Page 34 of 48
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY HOLIDAY STATIONSTORES FOR AN AMENDED
CONDITONAL USE PERMIT TO ALLOW A REDBOX AT THE
EXTERIOR OF THE STATIONSTORE LOCATED AT 5997 OSGOOD
AVENUE NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Holiday
Stationstores for an Amended Conditional Use Permit to allow a Redbox at the exterior of the
Stationstore located at 5997 Osgood Avenue North and after having conducted a public hearing
relative thereto,the Planning Commission of the City of Oak Park Heights recommended the
request with conditions. The City Council of the City of Oak Park Heights makes the following
findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2,General Business District which requires review and
approval of a Conditional Use Permit for motor fuel stations and car washes;and
4. The Conditional Use Permit approval for development of the Holiday Stationstore
at 5997 Osgood Avenue North was granted by the City Council in March of 2016;and
5. The conditions of approval limited outdoor sales for the store as follows:"Only
ice and propane sales in locked enclosures shall be allowed for outdoor sales.";and
6. Holiday Stationstores has placed a Redbox at the exterior of the store at 5997
Osgood Avenue North in violation of the conditions of approval,but has applied for an Amended
Conditional Use permit to allow the Redbox to remain;and
Page 35 of 48
7. City staff prepared a planning report dated March 7,2019 reviewing the request;
and
8. Said report recommended approval of the Amended Conditional Use Permit for
exterior placement of the Redbox, subject to the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their March 14,2019 meeting,
took comments from the applicants and public, closed the public hearing, and recommended the
application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted from Holiday Stationstores for an Amended Conditional Use
Permit to allow a Redbox at the exterior of the Stationstore located at 5997 Osgood Avenue
North review affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following conditions:
1. The Redbox shall not be moved from its current location nor shall a different Redbox be
placed onsite unless approved by City Staff.
2. Any additional signage proposed for the site for the Redbox shall be in compliance with
Section 401.15.G of the Zoning Ordinance and will require a sign permit.
3. Any additional lighting proposed for the Redbox shall be in compliance with Section
401.15.B.7 of the Zoning Ordinance and approved by the City.
Approved by the City Council of the City of Oak Park Heights this 26th day of March
2019.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
2 Page 36 of 48
ATTACHMENT A
Amended Conditional Use Permit
Allowing Outdoor Placement of a Redbox
At
Holiday Stationstore#237
Washington County GEO Code: 04.029.20.11.0161
Legal Description: Lot 1, Block 1, Holiday Oak Park Heights Addition
Physical Address: 5997 Osgood Ave. N.
Page 37 of 48
ATTACHMENT B
Amended Conditional Use Permit
Allowing Outdoor Placement of a Redbox
At
Holiday Stationstore#237
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: February 5,2019
Planning Commission Review&Recommendation: March 14,2019
Page 38 of 48