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Home My WebLink About2019-03-26 CUP Document to City Attorney for Recording 04-10-19 NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: First Amendment to Conditional Use Permit For Exterior Redbox Placement At Holiday Stationstore Located at 5997 Osgood Ave. N. with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Par eights, thi. 10th day of April, 2019. / --....•.:2.-,..., cQ-) , ,' mistrator '>�: �� CITY OF OAK PARK HEIGHTS FIRST AMENDMENT TO CONDITIONAL USE PERMIT FOR HOLIDAY STATIONSTORES, LLC 5997 OSGOOD AVENUE NORTH OAK PARK HEIGHTS MINNESOTA Planners File No.236.02-16.01 Date of Amendment: March 26,2019 Amends permit issued: March 22,2016 Legal Description: (Washington County Geo. Code: 04.029.20.11.0049&04.029.20.11.0050) See Attached Exhibit"A" Owner: Holiday Stationstores,LLC (formerly known as: Holiday Stationstores,Inc. Site Address 14773 60th Street North) Applicant: same Site Address: 5997 Osgood Avenue North Present Zoning District: B-2,General Business District Conditional use required as set forth in Ordinance Chapter 401 Section 401.30 E.2 & 3 I. CONDITIONAL USE PERMITS: This First Amendment amends the Conditional Use Permit issued by the City of Oak Park Heights to Holiday Stationstores Inc. on March 22, 2016. The City of Oak Park Heights received a request in 2019 from the Owner to amend its CUP to add provisions for an exterior structure for "Redbox" movie rentals, which was not permitted under the terms of the original CUP, due to limits and restrictions on "outdoor sales." Following public hearing and recommendation by the Planning Commission, the City Council granted the amendment to the CUP on March 26, 2019 to allow the Redbox, subject to the terms expressed below. All terms and conditions in the original CUP issued March 22, 2016 remain in full force and effect except as amended by this First Amendment. The City Council of the City of Oak Park Heights approves the First Amendment to the CUP for exterior placement and use of a Redbox movie rental facility on the subject site. The First Amendment to the CUP shall be subject to the following conditions and/or restrictions imposed by the March 26,2019 Resolutions of the City Council of the City of Oak Park Heights as follows: 12. Only ice and propane sales in locked enclosures, and a Redbox movie rental structure, shall be allowed for outdoor sales. The Redbox shall be subject to the following additional restrictions: • The Redbox shall not be moved from its original location nor shall a different Redbox be placed onsite unless approved by City Staff. • 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. • 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. III. Reference Attachment: The report of the City Planner dated March 7, 2019 and all exhibits and site plan approved by the City Council are annexed hereto by reference. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: An annual review is imposed as a condition of this permit. The Council reserves the right to amend or modify conditions following the review. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PAR EIGHTS Date: . /-7 ? / % By / ary McC• b ••r Date: B°I I y /./ ,ric a �cAr C i► Administrator Holiday S tionstores, LLC Of I/ Date: By:y $11/Met/ Richard Jo n Title: Vice President Operations (Please Print Title So It Is Legible.) EXHIBIT"A" LEGAL DESCRIPTION Outlot A,Oak Park Heights Auto Plaza,Washington County,Minnesota And Lot 1,Block 1,Oak Park Heights Auto Plaza,Washington County,Minnesota And EXHIBIT "B" PLANNERS REPORT AND SITE PLANS e.t.T C z 3601 Thurston Avenue N.Suite 100 Anoka.MN 55303 Phone:763.231.5840 Facsimile:763.427.0520 TPC@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 Moldaschel 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 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. 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 is required for the Redbox. Grading/Drainage/Utilities. 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 / 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 .15.8.7 of the Zoning Ordinance and approved by the City. Pc: Julie Hultman 3 C4. N. ►/ HOLIDAY STATIONSTORES 4567 Amencar,Boulevard West,Bloommgt,nMN 55437(952)830-8700 Holiday STeTIONSTORF` Direct Dial'952-832-8616 E-mail:prn s1oldaschel@holldaycorrpanies.corn 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 �, t/14 Jim Moldaschel Regional Director of Operations JM/ss Enclosure RECEWED 1 4 2019 City of Oak Park Heights i o NMI" 1 i o _ r MI IN -- " I _—=1 , . 1711 7s o i B ---- �'...,. ii _ *„L' •-:MINK " • �� _ _ •i • 6-1. .. Wt _'1 • • i �, �I ill if • .. E � i�� ° Lire • 1 . � •- •— _ 1 RI II r �_ . 1 J a�JPIH �d \ 11. I . :�i�. o �VI I liii ISI : Ii 9' : 1 I 1 • II IN ,, 444 c N a e // r//tiil� m 1! I! : 11 ,r fA., / /i mdigio4 1 ';ilFi �� r f _ s ¢ i 111 q 34/444 {��.� r, i a 78 _ ii CY /// 4 �N ✓. 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After Conversion,Entity is governed by Minnesota Statutes,Chapter: 322C Home Jurisdiction and Name of Entity after the Effective Date of Conversion: Minnesota: Holiday Stationstores,LLC This Certificate has been issued on: 12/11/2017 eat lArr, tiON a #c*IIPel 94t Steve Simon l • t.9 Secretary of State ! State of Minnesota