Loading...
HomeMy WebLinkAbout2001-11-27 CC Meeting Packet EnlcosureMeeting Date: Agenda Item Title: Estimated Time Required: Agenda Placement: Originating Department/Requestor: Requester's Signature: Oak Park Heights Request for Council Action November 27, 2001 First Student Amended CUP 1 Minute Old Business Community Development Action Re • uested: Ado rt Resolution and Findin ■ s of Fact to Den 8000 Galion Diesel Above - Ground Storage Tank At the City Council meeting of 11113101, the City Council adopted a resolution to amend the CUP for First Student to allow for the use of Building "D" for a car wash facility. At the same time the City Council directed staff to prepare a resolution and findings of fact to deny the request for an above - ground fuel storage tank. The resolution and findings of fact are included with this cover -memo for your review. Please contact me with any questions you may have. S :\SHARED \Forms \COUNCIL ACTION REQUEST.doc and RESOLUTION NO. i - 11-6G CITY COUNCIL CITY OF OAK PARK WEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT Tom' REQUEST BY FIRST STUDENT, INC. FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW LOCATION OF AN 8,000 GALLON DIESEL ABOVE-GROUND STORAGE TAN AT 5302 STAGECOACH TRAIL BE DENIED WHEREAS, the City of Oak Park Heights has received a request for an amended conditional use permit (CUP) to address expansion of the First Student, Inc. 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: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A; and 2. The applicant has submitted an application and documentation to the Community Development Department consisting of the following items: SEE ATTACE-EVIEI T 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 requires an amended CUP; and 4. The CUP for First Student, Inc. was granted on May 25, 1999 to allow the outdoor storage of buses; and 5. The City staff prepared a m.emorandurn dated November 1, 2001 reviewing the request for amended CUP approval; and 6. Said re, L. recommended the approval of the ant ..led 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. 8. That the applicant has not prepared a specific fuel spillage recovery plan to address the issue of fuel spillage that may occur from the location of an above-ground tank on the First Student, Inc. site. 9. That the site is adjacent to the Perro Creek pond and wetland which is a sensitive wetland and stormwater ponding area within the City of Oak Park Heights, with the property also being adjacent to residential neighborhoods and a property owner located immediately to the south of the subject property which is served by a well and septic system. 10. That inasmuch as the applicant has not addressed a fuel spillage recovery plan in particular and does not have established written protocol relative to fuel spills on the site, the applicant is not prepared to deal with contamination as would result from fuel spills by way of use of the proposed aboveground fuel storage tank and neighboring private wells as well as the adj acent wetland are endangered. 11. That the applicant has failed to provide a specific fuel containment plan in the advent of an accident or spillage within the area so as to provide protection for the Perro Creek wetland and adjacent property owners with private wells located to the south. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COYTNCTL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the City Council of the City of Oak Park Heights does hereby deny the application by First Student, Inc. for an amended CUP seeking the installation of an 8,000 gallon diesel aboveground storage tank to allow for on -site fueling of buses at their facility located at 5302 Stagecoach Trail. Attachment A DESCRIPTION FROM COMMONWEALTH INSURANCE COMPANY POLICY N0. 36537C SCHEDULE A3A PARCEL 1: All that part of the NE 7/4 of the SW 1/4 of Section 3, Township 29, Range 20, contained within the following bounds, to —wit: 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 West 24 rods an 3 feet; thence North 21 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 750 feet thereof. PARCEL 2: The North 963.6 feet of the East 429 feet of the NE 1/4 of the SW 1/4 a Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 1.) The North 232 feet of the East 765 feet thereof and 2.) The South 262 feet of the North 494 feet of the East 233 feet thereof. SCHEDULE B Subject to Washington County Highway Rfght—of---Way Plat No. 97 del/neating the right —of —way of CS.A.H No. 21. Description Note: The west line of the east 429 feet of the NEI/4 of the Si /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 NE7/4 of the SW7/4, based on other surveyors and descriptions. DEVELOPMENT APPLICATION CHECKLIST ITEMS SUBMITTED: Attachment B • 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 Flan —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