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HomeMy WebLinkAboutPlanning Commission Resolution 127-85 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 127-85 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION ,TO THE CITY COUNCIL REGARDING MOUNDS VIEW PLANNING CASE NO. 164-84, KUNZ OIL COMPANY WHEREAS, Kunz Oil Company has requested City approval to remove their existing building and construct a gasoline/convenience store in the City of Mounds View; and WHEREAS, construction of this gasoline/convenience store facility as requested requires approval of the development and conditional use permit; and WHEREAS, the Planning Commission has reviewed the staff report and has reviewed the report on the development from Northwest Associated Consultants, Inc. along with information submitted by the applicant which includes the following: a) Development Plan b) Site Survey c) Project Summary d) Evidence of Site Control e) Landscaping Plan; and WHEREAS, the Planning Commission has also reviewed this proposal and it is in conformance with all Chapters of the Municipal Code, specifically Chapters 40, 42, 49 and 49A, and State Statutes; and WHEREAS, this development does not need to be reviewed by the Rice Creek Watershed District; and WHEREAS, the Minnesota Department of Transportation will reVlew the development prior to construction; and WHEREAS, the Planning Commission reviewed the letter from Attorney Meyers dated January 26, 1985 that states a City simply cannot legislate a business out of existance; and WHEREAS, the storm water control shall be approved by the City Engineer prior to approval by the City Council; and WHEREAS, the Mounds View Planning Commission conducted an informational meeting with the residents of the area on February 6, 1985 at 7:40 p.m.; and . . . RESOLUTION NO. 127-85 PAGE TWO OF THREE WHEREAS, the proposed plan has been revised to minimize the neighbors complaints; and WHEREAS, the neighbors not attending the February 6, 1985 meeting were invited to the Planning Commission's informal meeting on March 20, 1985. At that meeting the neighbors in attendance stated that they felt the project, as revised, was acceptable; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the request by Kunz Oil Company as follows: 1) The Comprehensive Plan should be amended for this one site. BE IT FURTHER RESOLVED that a development agreement be entered into between the City and the developer which includes the following provisions: 1 ) Exhibits: a) Site, Grading and Utility Plan b) Site, Development and Landscaping Plan indicating size, number and variety of plantings, including hardwoods c) Site Survey d) Legal Description e) Ordinance No. 49A 7 Year Performance Bond of $1,000 f) Building Plans and Specifications 2 ) Security for the development in an amount to be determined, and the security shall include viability of landscaping for one year from time of planting. 3 ) Exhibit 2A to require the following: a) Payment of all City expenses above and beyond amounts previously submitted. b) Other items as may be required by the City Council. c) Maximum hours of operation shall be from 6 a.m. to 10:00 p.m. d) The underground storage tanks should, as a minimum, be pressure tested according to MPCA standards and meet or exceed said standards. e) If the gas station is closed for 12 months, the tanks shall be filled with sand by the property owner. f) Any trees that die shall be replaced within 2 months. g) Sand blasting and lining of underground storage tanks shall be conducted using a process approved by the Minnesota Pollution Control Agency (MPCA). . . . RESOLUTION NO. 127-85 PAGE THREE OF THREE h) F. and 1. two 6"_8" diameter inspection wells and magnesium anodes attached to tank and test station and Armor Shieldtm or approved equal lining inside tank. BE IT FURTHER RESOLVED that a conditional use permit be granted which includes the above items; BE IT FURTHER RESOLVED that the City Council consider amending the Zoning Code to require property owners that have underground tanks on their property test them according to state standards on a periodic basis; BE IT FINALLY RESOLVED that the Mounds View Planning Commission direct staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 3rd day of April, 1985. ATTEST: ~.., Id '!a- , - ' _' <lLJ"^< J . 0 A o"'ok.c., ChaIrman" c' (SEAL) ~ _J/ ~~~ Director of Public Works/ Community Development