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Home My WebLink About2001-11-13 CC Meeting Packet EnclosureMeeting Date November 13, 2001 Agenda Item Title First Student Inc., Amended CUP Time Required 5 Minutes Agenda Placement New Business Originating Department /Requestor Community Development Requester's Signature KrC'Dcvt(,eZni Action Requested Approval by Resolution with Planning Commission Recommendations Background/justification: Oak Park Heights Request for council Action Please be advised that the Planning Commission conducted a public hearing on this application at their meeting of 11/8/01 and recommended 4 -1 that the City Council vote to approve the amendment to the conditional use permit. Pudic testimony at the meeting concerned the safety and security measures associated with the above- ground fuel storage tank. A resident additionall expressed concern for his well water system. Please refer to the enclosed planner's documents and please contact me with any questions you may have S:ISHARED\Porrns\COUNCIL ACTION REQUEST.doe WHEREAS, the City of Oak Park Heights has received a request for an amended conditional use permit (CUP) to address expansion of their facility to include Building D, use of the existing wash bay for vehicle washing, and the installation of an 8,000 gallon diesel above ground storage tank to allow for on -site fueling of buses at their facility located at 5302 Stagecoach Trail; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: follows, to wit: and and 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 FIRST STUDENT INC. FOR AN AMENDED CONDITIONAL USE PERMIT TO ADDRESS EXPANSION OF THEIR FACILITY AND THE INSTALLATION OF AN 8,000 GALLON DIESEL ABOVE GROUND STORAGE TANK AT 5302 STAGECOACH TRAIL SHOULD BE APPROVED WITH CONDITIONS 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site is zoned I, Industrial District in which open and outdoor storage is a listed conditional use. Any expansion or major change to an existing CUP required an amended CUP; and 4. The CUP for First Student was granted on May 25, 1999 to allow the outdoor storage of buses; and 5. The City staff prepared a memorandum dated November 1, 2001 reviewing the request for amended CUP approval; and 6. Said report recommended the approval of the amended CUP in that the expansion and addition of a fuel tank is a reasonable expansion of the business, the improvements made as a result of the original CUP approval have significantly increased the screening for surrounding residential properties, and the amendments to the CUP will not result in a major intensification of the use on site. The amended CUP was recommended by City staff subject to the fulfillment of various conditions; and 7. The Planning Commission held a public hearing at their November 8, 2001 meeting, took comments from the applicants and public, closed the public hearing, and recommended the amended CUP be approved subject to the fulfillment of 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 amended CUP to address expansion of their facility to include Building D, use of the existing wash bay for vehicle washing, and the installation of an 8,000 gallon diesel above ground storage tank to allow for on -site fueling of buses at their facility located at 5302 Stagecoach Trail and 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 for approval with conditions as follows: 1. The number of buses allowed on site shall not exceed 120 as permitted under the existing CUP issued May 25, 1999. 2. All conditions of the CUP issued May 25, 1999 for the property shall remain in effect. 3. All employees dispensing fuel shall receive training for proper fueling techniques, First Student Environmental Policy and Controls, Hazardous Communication and Emergency Spill Response Procedures. 4. The applicant shall submit a Notification for Above Ground Storage Tanks to the MPCA once the tank has been installed. 5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA. 6. The applicant shall apply and receive a building permit from the City. 7. The applicant shall place bollards to protect the fuel tank, gas meter, and fire hydrant subject to review and approval of the Building Official. 2 8. The well at the northwest corner of the site shall be abandoned per State requirements. 9. The applicant shall replace all landscaping materials required under the CUP issued May 25, 1 999 subject to review, inspection, and approval by June 15, 2002. 10. Any other conditions of the Planning Commission, City Council and City staff. 2001. ATTEST: Approved by the City Council of the City of Oak Park Heights this 13 day of November Kimberly Kamper, Acting City Administrator David B eaudet,Mayor 3 Attachment A DESCRIPTION FROM COMMON/ INSURANCE COMPANY POLICY N0. 36537C SCHEDULE A3TA PARCEL 1: All that part of the NE 1/4 of the SW 1/4 of Section 3, Township 29, Range 20, contained within the following bounds, to—vv/t: Beginning at a point 30 feet Nest of a stoke which is 80 rods South of the center of said' Section 3, and running thence Nest 24 rods and 3 feet; thence North 27 rods and 9.9 feet; thence East 24 rods and feet; thence South 27 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. PARCEL 2: The North 963.6 feet of the Eost 429 feet of the NE 1/4 of the SW 1/4 of Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 7.) The North 232 feet of the East 165 feet thereof, and 2.) The South 262 feet of the North 494 feet of the East 233 feet thereof. SCHEDULE 8 Subject to Nashington County Highway R/ght—of—A/ay Plat No. 97 delineating the right —of —way of C.S.A.H. No. 21. Description Note: The west line of the east 429 feet of the NE7/4 of the S//7/4 as referred to in the legal description was interpreted to be as measured along the north and south lines of this parcel and not as measured at right angle to the east line of said NE 7/4 of the SW714, based on other surveyors and descriptions. Attachment B DEVELOPMENT APPLICATION CHECKLIST ITEMS SUBMITTED: • Development Application and Fee. • Authorization from owner to proceed as applicant. • Parcel search with mailing labels from Washington County. • Property Tax Statement. • Aboveground Storage Tank Description • Site and Grading Plans- Midwest Land Surveyors. • MPCA Above Ground Storage Tank Application • SPCC Plan — Strata Environmental • First Student Environmental Management Overview • First Student Environmental Policy and Controls - Reference Material - Hazardous Communication and Employee Training - Regulated Substance Storage and Control Procedures. - First Student Emergency Spill Response Plan