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3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a wireless communications facility for the property located at 11351 Upper 33rd Street North. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO -WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY- FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (WI/2), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SWI./4) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan, The property is guided for and toned for public facilities, in which wireless communication facilities are an allowed use, and certain wireless communication facilities require a conditional use permit. 7) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City's Wireless Communications Facilities ordinance except for the required height and setback from property lines, for which the applicant has requested variances. 9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter ISO, § 150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. Resolution 2018-083 2 5090200 STS LA515-1