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WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 17, 2019; and WHEREAS, the City Council considered said matter at its December 17, 2019 and January 7, 2020 meeting; and NOW, THEREFORE, based on the testimony elicited, staff reports, information received, and the record presented, the City Council makes the following: FINDINGS 1) That the procedures for obtaining an amendment to the CUP are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That Applicant's proposed amendment to Condition #9 of the CUP consists of the following: " [the School District may operate its bus terminal at theproperty using the well and septic system (septic tank and temporary toilets) either until the School District connects to City sewer and water or until December 31, 2020, whichever comes first. The School District agrees to connect to City sewer and water within 30 days after it becomes available. " 4) That the proposed amendment to the Applicant's CUP must be denied for the following reasons: a) The developer of Four Corners I' Addition has had more than one year to construct the sanitary sewer and water facilities that are needed for the Applicant's bus terminal and has not done so. In fact, the developer has not started construction of the project. To date, there has been no written assurances given to the City by the developer of the Four Corners I" Addition project that the sanitary sewer and water facilities that are needed for the operation of the Applicant's bus terminal will be constructed at any time in the near future. b) Properties that are within a MUSA district are required to connect to City water and sanitary sewer when they are developed. The Property is located within a MUSA district. Since it is not connected to City water and sanitary sewer services, it is in conflict with the requirements of the MUSA district, as outlined by the Comprehensive Plan and the use should not be allowed to continue due to this conflict. c) The building on the Property is sprinklered yet not connected to City water. There is a safety hazard to the occupants of the building if the building is allowed to operate without the sprinkler system functioning, even if it is for a limited amount of time. 2