Minutes - Council - 12/12/2000 - Laserfiche WebLink

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City Attorney Goodrich replied that the purchase agreement was done by a motion fi'om the Council. Mayor Gamec stated that he would like to know what has happened since that time. Case #4: Request to Rezone Certain Property from B-1 Business to B-2 Business; Case of RF Development and Lyndale Terminal Company Community Development Director Frolik stated that RF Development LLC and Lyndale Terminal Company are requesting to rezone the northerly portion of Outlot C, River's Bend 3~d Addition fi'om B-1 to B-2 Business to facilitate development of the property with a convenience store with gas. The applicants are proposing to develop a Holiday Station convenience and gasoline store on the northerly 1.4 acres of Outlot C, River's Bend 3rd Addition. The remainder of the property would retain the B-1 Business zoning. The 1.4 acre parcel is surrounded by a variety of zoning districts: commercial, multi-family residential and single family residential. The B-1 Business zone allows convenience sto~:es; the B-2 zone allows convenience stores with gasoline sales. Historically, the subject property has been zoned for commercial uses for 20 years. The City has approved similar rezonings in the urban area to accommodate other convenience store developments. The Planning Commission reviewed the rezoning request and held a public hearing on December 5, 2000. Several neighbors spoke in opposition of rezoning the property to B-2 Business in order to facilitate gasoline sales. The neighbor's opposition basically stems fi'om concerns on traffic generated from the store, the hours of operation, the anticipation that there will be intense lighting on the site, and the desire not to have another gas station in the area. During the public hearing, a question was raised regarding whether or not there is a State Statute regulating the placement of underground fuel tanks in proximity to residential structures. The Planning Commission recalled a request by Casey's General Store for a rezoning and site plan proposal that was withdrawn due to an underground private well that would be closer than 300 feet to the location of the proposed underground fuel tanks. City staff researched State Statutes, State Codes, talked to the Fire Chief, and the State Fire Marshall, and contacted the State Health Department. Staff was unable to find a statute or code stating that an underground fuel tank had to be at least 300 feet from the nearest public or private well system. That State Health Department requires a minimum separation of 20 feet between art underground fi~el tank and private well system and a 50 foot minimum separation between a private septic system and an underground fuel tank. The proposed site is located adjacent to an urban residential development that is serviced by municipal water and sewer. The State Health Department 20 foot and 50 foot separation requirements are not applicable in this case. City staff recomrnended to the Planning Commission approval of the rezoning request. The Planning Commission is recommending that the City Council deny the request to rezone the property from B-1 Business to B-2 Business. Councihnember Anderson stated that the City has gas stations on both the east and west sides of T.H. #47 and questioned the need for one more. City Council/December 12, 2000 Page 11 of 25