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11 18. Water and Sewer Availability Charges, and other fees as applicable, must be paid prior to issuance of a building permit. 19. The Applicant will be required to sign a Waiver of Assessment Agreement with the City of Lake Elmo, in the City’s standard form of agreement, to reimburse the City for public sanitary sewer improvements to be constructed by the City to facilitate the connection to City sewer. 20. All city, state, or other necessary permits must be obtained prior to the release of the building permit. 21. Substantial construction must take place within 12 months of the date on which the conditional use permit was granted or the conditional use permit is void. The Applicant must also comply with provisions of City Code Section 105.12.290 Conditional Use Permits. 22. The Applicant shall enter into a separate grading agreement with the City before starting any grading activity in advance of final plat approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document the extent of any proposed grading on the site. PUBLIC COMMENT: Notice of a public hearing was sent to surrounding property owners and published in the Stillwater Gazette. The Planning Commission held a public hearing on October 16, 2024. One written comment concerning the amount of tree removals with opposition to the requested exception to tree mitigation was filed with the City before the meeting. Three residents provided public comment on the proposal and focused comments on the following topics as summarized by staff: • Concern about the amount of tree removal • Opposition for exception requested to tree mitigation standards • Opposition to variance requests • Concerns for traffic speeds and safety along the corridor • Concerns and questions about roadway improvements or possible widening • Noise impacts from Oakdale Gun Club on elementary school OPTIONS: The City May: • Approve the request; • Approve the request with conditions (staff recommendation); • Deny the request citing findings of fact for denial. PLANNING COMMISSION ACTION: After holding the public hearing for the School District’s requests, the Planning Commission discussed the proposal at its October 16, 2024 meeting. In its discussion, the Planning Commission considered the tree removals, required access points, infrastructure improvements, noise study, and trail connectivity. The Planning Commission ultimately voted 3-2 to recommend the item for City Council approval with Staff’s recommended findings and conditions. Dissenting planning commissioners noted a desire for reduced tree removal or additional tree replacement.