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MOUNDS VIE'V PIJANNING COMMISSION RESOLUTION NO. 759-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR '"VELMEIR CVS ADDITION", RECOMMENDING APPROVAL OF A DEVELOPMENT REVIE\V FOR A RET AIL BUILDING AND RECOMMENDING APPROV AL OF A REZONING FROM R-3, MEDIUM DENSITY RESIDENTIAL AND R-4 HIGH DENSITY RESIDENTIAL TO B-3, HIGH\V A Y BUSINESS FOR THE LOTS ADDRESSED 2828 COUNTY HIGHWAY 10 and 7750 SILVER LAKE ROAD; MOUNDS VIE\V PLANNING CASES MA2004-002, ZC2004-001 AND DE2004-001 WHEREAS, the applicant, The Velmeir Companics ("Velmeir"). has applicd for a major subdivision and development review to redcvelop the fortner Amoco gasoline station site addressed 2800 County Highway 10 into a retail building and has additionally requested a rezoning of2828 County Highway 10 and a portion of7750 Silver Lake Road from R-3 and R-4, respectively, to B-3 to match the zoning of2800 County Highway 10; and WHEREAS, Velmeir has requested approval of a preliminary plat for the "Velmeir CVS Addition" major subdivision on land located southwest of County Highway 10 and Silver Lake Road legally-described as follows: That part of Lot 59, Auditor's Subdivision No. 89. ~ving South oIa line described asfollmvs: Commencing at the Northwest corner of said lot 59; thence South along the West line of said Lot 59, :!57.93feet to the point of beginning: thence Southeasterly to a point on the East line ofsaid Lot 59. 257.93 feet South of the Northeast corner and there terminating. Together with: Lot 58. except the West 100feet ~ving Norther~" of the Souther~v 514. 63.feet thereof Auditor's Suhdivision No. 89. Together with: Subject to Hig/nvay, except the South 514. 63 feet of the West 100 feet of Lot 58, Auditor 's Suhdivision No. 89, Together lvilh: Lots 1 and 2, Block I, Amoco Silver Addition, according to the recorded plat thereof, Ramsey County, Afinnesota. WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. 2. 3. 4. 5. 6. 7. 8. Planning Application Preliminary Plat (C6-l) Zoning Map Location Map Site Plan (Page C2-1) Grading Plan (Page C3-1) Utility Plan (C4-1) Staff Report . . . WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dcdication fce which would be equivalent to 10% of the assessed value of the project area, which has yct to be determined; and, \VHEREAS, thc proposed subdivision is NOT within a Wetland Zoning District; and, \VHEREAS, thc grading and drainage plan are being reviewed by the City Engineer and is subject to Rice Crcek watershed District approval; and, WHEREAS, thc Planning Commission held a duly noticed public hcaring regarding this preliminary plat on Wednesday, May 5, 2004; and, WHEREAS, beforc developmcnt may procecd, the Planning Commission and City Council are required to rcview and approvc all applications for development; and, WHEREAS, proof of parking (up to 15% of the total parking requirement) can be granted by the City Council when it is detennined that the parking requirement is greater than needed; and, WHEREAS, the City Code indicatcs that rezoning requests shall be consistent with the Future Land Usc Map ofthc Comprehensive Plan and that the Planning Commission shall find that the rezoning would not be detrimcntal to the neighborhood or adversely affect any adjoining propeliics. NO\V, THEREFORE, BE IT RESOLVED, thc Mounds View Planning Commission hcreby makes the following findings of fact related to the rezoning request: 1. The Future Land Use Map of the Comprchensive Plan designates this area as a Mixed Use Planned Unit Development. The proposed Highway Business zoning district would not be inconsistent with the vision for this area. 2. The rczoning of the propcrty would not adversely affect any adjaccnt or nearby properties. NO\V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its revicw of the documcntation and findings of fact, recommends approval of the rcquest to rczone portions of Lots 1 and 2 from R-3 and R-4 to B-3. NO'V, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, finding that thc submitted preliminary plan satisfics City Code, recommends approval of the "Velmeir CVS Addition" preliminary plat subject to the following conditions: I. Thc applicant shall arrange to have a Registered Propcrty Abstract (RP A) or other acceptable title commitment provided to the City Attomey for review prior to thc approval of the subdivision by the City Council. . . . . , 2. Velmeir shall pay a park dedication fee in an amount to be deternlincd by the Mounds Vicw City Council. 3. Velmeir shall obtain approval from Ricc Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 4. All utilities within the dcvclopment area shall be located underground. 5. Velmeir shall apply for Final Plat approval no later than January 1, 2005 or the Preliminary Plat approval will become null and void. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, finding that the submitted site plan satisfies City Codc, recommends approval of a development rcvicw subject to the following conditions: 1. The Site Plan shall be revised as follows: a. The garbage cnclosure details shall be added to the site plan. b. A notation shall be addcd that indicates that a fence will be installed around the pond area. c. A notation shall be addcd that the area between the south side of the building and the south curb line will be mark cd Firc Lane and traffic in that area will be one- way, from west to east. d. Perimeter curbing shall be shown along the east sidc of the Pak building. 2. The lighting plan shall be revised to show fixture details and pole height from grade. a. The lighting may be complctcd as shown on plans. If complaints rcgarding the lighting are rcceived, the lighting shall be modified to meet code requirements. 3. Velmeir shall enter into a development agreemcnt with the City that sets forth all of the tenl1s, conditions, requiremcnts, agreements, guarantees and plans for the orderly development of the property. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs stan'to forward this rcsolution to the City Council prior to approval of the . lUtes. Adopted this 19th day of May, 2004 /-L / Gary alrperson ,Jt{A,t1...t4 ~.\... -- ATTEST: Jim Ericson, Community Development Director (SEAL)