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HomeMy WebLinkAboutResolution 5352 -'.r ~, . ~ ~._\ I . RESOLUTION NO. 5352 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE 0 F MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR PRODUCE SALES AT HOLIDAY STATIONSTORE, REQUESTED BY CHUCK DURAND; PLANNING CASE NO. 564-99 WH EREAS, Chuck Durand, representing the Holiday Stationstore, has applied for a conditional use permit to conduct open and outdoor sales at his business located at 2732 Highway : 0, property zoned PUD, legally described as follows: Lot 1. Block 1, Sill'erl'iew Estate.... C"'OUII(V (~r Ramsey WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Staff Report b. Planning Application c. Zoning Map d. Site Plan e Letter from Property Owner f Planning Commission Resolution 589-99 WHEREAS, The Mounds View City Council makes the following findings that the specific criteria for approval in Section 1114.04, Subd. 2 have been met: a. Outdoor service. sales and equipment rental connected with the pnncipal use IS limited to thirty percent (30'%) of the gross Ooor area of the principal use. The Holiday Stationstore building contains approximately 6,500 square feet of building space. The proposed produce stand would occupy 144 square feet of the property, which is about 2% of the building square footage on the site. .4.i .-.-......Ii -- '. ~ Holiday Produce Cup Resolution 5352 July 21, 1999 Page 2 b. Outside sales areas arc fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103. 08( 1) - (5) of this Title. The produce stand would be screened from the neighboring yet-to-be completed Realife Cooperative senior residential complex by the Holiday building. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code, The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use the lawn area adjacent to the north bank of parking stalls instead of taking up space in the parking lot. e. The open or outdoor service, sale or rental use does not take up parking spaces as required for confonnity of this Title. The produce stand would not be located in the parking lot and it is expected that the majority of the customers would be drawn from those already on the premises for gas or convenience products. WHEREAS, the Mounds View City Council has considered the provisions from Section 1125.01(1)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following findings: (I) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The Comprehensive Plan designates this site as Mixed Use PUD, which coincides with the zoning of this site. Such an accessory use would not be inconsistent with the Plan. The store is at the corner of two major transportation arteries and is screened from adjacent residential uses The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. WHEREAS, The Mounds View City Council makes the following findings that the general criteria for CUP approval in Subdivision 1 J 25.0 1 (2) have been met: - e . e Holiday Produce Cup Resolution 5352 July 21, 1999 Page 3 (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utiJities which serve or are proposed to serve the area. It is not expected that this use l-vill have any impact on parks, schools, streets and other puhlic/llcilities and utilities which serve or are proposed to ser....e the area. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The produce stand would be screened/i"om the neighboring yet-to-be completed Realife Cooperative senior residential complex by the Holiday building and by distance. (3) The stmcture and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. While stqfl has no plans to show the design or construction of this structure, it is not expected that the I2-foot square stand would have an adverse appearance, nor lVOltld it be adjacent to any residential property. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Ihe City already has given approvalfor one produce stand to he located at Moundsview Square. 711is type (~l husiness, however, depends' upon existing trafflefor the n1(~jority (~l its husiness, which means it lvill drmv primari~vfj'om those people already at the Holiday store. Having two such businesses separated by a third of a mile on opposite sides of Highway I () would sati.~f}' a need and provide for additional convenience. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Ihe Zoning Code allowsfor this type of use with a conditional use permit. It would not be inconsistent with the intent of the Zoning Code for such a business to operate at this location. (6) The use is not in conflict \vith the Comprehensive Plan of the City. Ihe Comprehensive Plan designates this area (~l the City as Mixed l Tse Planned Unit Development, which indicates an anticipation for a variety of uses. A produce stand to be located at a gas and convenience store would not be inconsistent with the Comprehensive Plan (7) The use will not cause traffic hazards or congestion. e . - Holiday Produce Cup Resolution 5352 July 21, 1999 Page 4 It is not expected that this llse will drau! sign(ficant cllstomers on its own. The majority ~f its cllstomer base ~..ilI be those people already at the Holiday store for gas or other conveniences. As sllch, it -..t'ould not he expected that this use would callse traffic hazard5' or congestion (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The llse would he located adjacent to the parking lot of the Holiday Stationstore which is served by Highway 10 and Silver lake Road. All of the iI!frastructure serving this site are installed and provided--no additional infrastructure will be needed to accommodate this lIse. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit for a produce stand at the Holiday Stationstore located at 2732 Highway 10, with the following stipulations: 1. 2. The facility shall be allowed to operate from July 1 to October 31 of each year. The produce stand shall operate only between dawn and dusk hours. 3. Signage shall be allowed only as affixed to the stand and/or roof. 4. Lighting for the use shall be supplied by existing parking lot standards. 5. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans c. Narrative description of the proposal. 6. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. 7. The applicant shall record the resolution of approval with Ramsey County within 60 days of final approval, providing proof of such recordation with the City, or this resolution shall be considered null and void. BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. e . e Holiday Produce Cup Resolution 5352 July 21, 1999 Page 5 Adopted this 26th of July, 1999. Attest: (Seal) N :\DA T A\GROUPS\COMDEV\DEVCASES\564-99\5352CC.RES b' ). / a~'c~~~;;;;.~ay @f Charles S. Whiting, City C erk / Administrator