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HomeMy WebLinkAbout#14 ZMA and CUP for 3549 Lake Elmo Ave Christ Lutheran Church STAFF REPORT DATE: 2/21/2017 REGULAR ITEM #: 15 MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use Permit REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36th Street North: • Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business District to VMX – Village Mixed Use. • Conditional Use Permit to allow a parking facility as a principal use on a lot. ISSUE BEFORE COUNCIL: The Council is being asked to consider a request for a Zoning Map Amendment to rezone 3549 Lake Elmo Avenue (Property) to VMX – Village Mixed Use and for a Conditional Use Permit for a parking facility as a principal use on Tract B of the property, as shown in the attached survey dated 11-30-12. The Council is also being asked to re-affirm a previously approved Minor Subdivision for the property, as depicted on the attached survey. PROPOSAL DETAILS/ANALYSIS: See Attached Information. The background and reason for the request may be found in the attached Planning Commission Staff Report. The recommended Ordinance 08-170 approving the zoning map amendment; recommended Resolution 2017-017 approving the Conditional Use Permit; and re-affirmance of the minor subdivision by Resolution 2017-018 are attached and outline conditions of approval. Re-Affirmation of Minor Subdivision. The approval of a Zoning Map Amendment and Conditional Use Permit will allow for the subject property to be subdivided, as explained in the attached Planning Commission Staff Report. The City Attorney has advised that although there is nothing in our Code that says a Minor Subdivision will become invalid if not processed with the County after a certain amount of time, it would be advisable to re-affirm the Minor Subdivision request. Re-affirmation of the Minor Subdivision can be done by adopting Resolution 2017-018, attached to this report. Planning Commission/Public Hearing. The Zoning Map Amendment and Conditional Use Permit requests were noticed to property owners within 350 feet of the subject property. A public hearing was held at the Planning Commission meeting on February 13, 2017. No one spoke at the public hearing, and no comments were received prior to the meeting. • Zoning Map Amendment: Commission recommended approval 6-0. • Conditional Use Permit: Commission recommended approval 6-0. o The Commission made a motion to strike Condition #2, but the motion failed 3-3. Staff does not recommend striking this motion, as the Code says that parking requirements may be waived in the VMX district. This is something that should be vetted, and it was clearly vetted in the past, as it was a condition of the previously-granted Variance and Minor Subdivision approvals. • Re-affirmance of Minor Subdivision Approval: Commission recommended approval 6-0. FISCAL IMPACT: The re-zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former Lank Elmo Bank building is located for its reuse and return as a thriving taxable property. OPTIONS: The Council may: • Approve Zoning Map Amendment; Conditional Use Permit with recommended conditions; and re- affirm approval of the Minor Subdivision. • Amend recommended conditions of approval and approve the requested Zoning Map Amendment and Conditional Use Permit with conditions as amended and re-affirm approval of the Minor Subdivision. • Deny the Zoning Map Amendment; Conditional Use Permit; and Re-affirmance of Minor Subdivision. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business to VMX – Village Mixed Use. “Move to adopt Ord. 08-170 approving a Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue from GB – General Business to VMX – Village Mixed Use.” Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit to allow the use of a parking facility on ‘Tract B/Parcel 2’ as shown in the attached Certificate of Survey dated 11-20-12. “Move to adopt Resolution 2017-017 approving a Conditional Use Permit for a parking facility on the property legally described as “Lot 29 except the south 40 feet thereof, County Auditor’s Plat No. 8, Washington County, MN.” The Council may also wish to re-affirm approval of a Minor Subdivision for the property located at 3549 Lake Elmo Avenue North. “Move to adopt Resolution 2017-018 re-affirming approval of a Minor Subdivision granted by Resolution 2013-46.” ATTACHMENTS: • Application • Planning Commission Staff Report • Draft Ord 08-170 Zoning Map Amendment • Draft Resolution 2017-017 Approving a Conditional Use Permit for a parking facility • Draft Resolution 2017-018 Re-affirming Approval of Minor Subdivision • Resolution 2013-07 & 2013-46 approving a variance from minimum lot size and width requirements and Minor Subdivision for 3549 Lake Elmo Avenue • Planning Commission meeting minutes 02/13/2017 STAFF REPORT DATE: 2/13/2017 PUBLIC HEARING ITEM #: 4a & 4b (Case 2017-05) MOTION TO: Planning Commission FROM: Emily Becker, City Planner AGENDA ITEM: 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use Permit REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36th Street North:  Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business District to VMX – Village Mixed Use.  Conditional Use Permit to allow a parking facility as a principal use on a lot. Existing Parking lot and former Lake Elmo Bank Building Land Use: Existing Zoning: GB - General Business District Surrounding Single family homes (RS – Rural Single Family) to the North, West, and East; Use/Zoning: Lake Elmo Public Library (GB – General Business) to the South. Comprehensive VMX – Village Mixed Use Plan: History: The City conducted a site plan review when Lake Elmo Bank proposed construction of the building that currently exists on the property in 1989. Christ Lutheran Church (Church/Applicant) now owns the property and uses a portion of the parking lot for parking for the church. The church had plans to sell a portion of the property and previously requested a variance and minor subdivision in 2013 (see Proposal Details/Analysis for further explanation). Deadline Application Complete – 1/23/2017 for Action: 60 Day Deadline – 3/24/2017 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable §154.500 VMX – Village Center District Regulations: § 154.106 – Conditional Use Permits ISSUE BEFORE COMMISSION: The Commission is being asked to hold a public hearing and make recommendation on the request for a Zoning Map Amendment to rezone 3549 Lake Elmo Avenue (Property) to VMX – Village Mixed Use and for a Conditional Use Permit for a parking facility as a principal use on Tract B of the property, as shown in the attached survey dated 11-30-12. PROPOSAL DETAILS/ANALYSIS: REASON FOR REQUEST  Approved Variance from Minimum Lot Size Requirements. In 2013, the City approved a variance for the Property from the minimum lot size requirements of the GB – General Business District so that the Church could request a Minor Subdivision, separating a portion of the parking lot from the former Lake Elmo Bank Building (Building). o Reason for Minor Subdivision Request. The Church had plans to sell the property but found that potential buyers believed that the amount of parking provided on the Property exceeded the required parking for the building. Therefore, the Church wanted to subdivide the Property in to two parcels: one that would contain the Building and a small parking area (Tract A, as shown on the attached survey) and one that would provide parking for the Church (Tract B). o Reason for Variance Request. The resultant parcels would be 0.42 acres and 0.27 acres, not meeting the minimum lot size requirement of the GB – General Business District of 1.5 acres or the minimum lot width.  Approved Minor Subdivision Request. The City subsequently approved the Minor Subdivision request.  Conditions. The Variance and Minor Subdivision were approved with the following conditions: o Shared Parking. That the Church execute a shared-parking agreement with the future owners of the Building to allow tenants to use the larger parking area when the Church is not using it. o Drainage Easement. Drainage easement be provided along the storm water infiltration area that collects storm water runoff from both parcels.  Minor Subdivision Not Executed, Variance Expired. The Minor Subdivision was never executed, as the Church had not found a buyer and therefore was not able to satisfy the condition of approval that a shared parking agreement be executed. The Church now has a buyer, and would like the City to sign off on the subdivision, but the City cannot, as the proposed lots do not meet lot size or width standards of the current zoning of the property. o While there is nothing in the Code that dictates a time period by which an applicant must execute a minor subdivision after City approval, the Zoning Code states that a variance shall expire if work does not commence within a year of the date it is granted. o Therefore, the variance which allowed for the minor subdivision of a parcel which creates two lots which do not meet minimum lot size standards has expired. ZONING MAP AMENDMENT  Rezoning Required. In order to approve a land use request, the use should be consistent with the Comprehensive Plan. The Property is guided for VMX – Village Mixed Use. The Variance from the minimum lot size standards for this Property was granted before the Village Mixed Use district was created. Now that this zoning district exists, rezoning the property to VMX – Village Mixed Use would be the best approach, as it would satisfy the following: o Consistency with Comprehensive Plan. As explained above. o Minimum Lot Size/Maximum Impervious Surface Requirements. The VMX – Village Mixed Use Zoning District does not have minimum lot area or width requirements, nor does it have maximum impervious surface requirements for non-residential uses, therefore bringing the Property in to compliance. o Parking Requirements. It is not yet known for sure what the use of the building will be, so Staff is unable to calculate what would be required for parking according to the City’s Off-Street Parking Regulations. The following off-street parking standards may be waived for lots zoned VMX: Required minimum number of off-street parking spaces. The requirement that off-street parking areas containing more than four parking spaces be located a minimum of 20 feet from the boundary of a lot zoned or used for residential purposes. o Use. A parking facility is a conditional use in the VMX – Village Mixed Use District, whereas it is not an allowed principal use in the GB – General Business District. Recommended Condition of Approval. The attached ordinance requires that the City receive the recorded documents or document numbers which effectuate the minor subdivision approved by Resolution 2013-46. This is necessary, as the ordinance provides the proposed legal descriptions of the two parcels after the minor subdivision is recorded. CONDITIONAL USE PERMIT Conditional Use Permit Required for Parking Facility in VMX District. As previously stated, a conditional use permit for a parking facility in the VMX District is required. While the parking lot already exists, it does not exist as the principal use of the parcel; it serves as an accessory use to the former Lake Elmo Bank building. The minor subdivision will result in the parking facility becoming the principal use of the new parcel (Tract B), creating the need for a conditional use permit in order to bring the parcel in to compliance with the requirements of the VMX zoning district. Minimum Parking Space and Aisle Dimensions. Number. ‘Tract B’ provides 26 parking spaces. o Christ Lutheran Church provides 33 total parking spaces, and the building located on ‘Tract A’ has 12 total parking spaces. Size. These are approximately 9’ in width and 20’ long, with an aisle width of 30’. Accessibility Parking. While no handicap spaces are provided on the parcel itself, the parking lot will serve both Christ Lutheran Church, which has four handicap parking spaces, and the building on ‘Tract A’, which has two handicap parking spaces. Curbing. The parking lot does not currently provide curbing as required, however, the Church is not currently requesting a current change to the parking lot itself. o Per Code, a bumper curb or barrier of normal bumper height is to be provided five or three feet from the property line, respectively. o It is a recommended condition of approval that any future improvements made to the parking lot shall be in conformance with City Code and Design Standards. Landscaping. Trees exist on the north edge of the property; a raingarden exists on the south side of the parking lot; mostly meeting requirements for perimeter parking lot landscaping. o The east side of the parking lot is not screened, as it connects to an alley. o The number of parking spaces does not require interior parking lot landscaping. o It is a recommended condition of approval that any future improvements made to the parking lot shall be in conformance with City Code and Design Standards. Village Improvement Project. Temporary easements were granted to Washington County for the purpose of highway construction for the improvement and protection of County State Aid Highway 17 (Lake Elmo Avenue). These easements expire September 30, 2017. Drainage Easement Still Needed. A condition of approval of both the approved variance and minor subdivision was that a drainage easement be provided across the storm water infiltration area that collects storm water runoff from both parcels. This will allow ‘Tract A’ to utilize the storm water infiltration area of ‘Tract B.’ This has not yet been recorded but has been drafted. It is recommended that the execution and recording of this document be added as a condition of approval to the Conditional Use Permit. Parking Agreement Still Needed. A condition of approval of both the approved variance and minor subdivision was that the Applicant execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the Certificate of Survey dated 11-20-12 to another party. This easement was to allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant, and be reciprocal. This has not yet been recorded, as the Church hadn’t found a buyer. This is recommended to be added as a condition of approval to the Conditional Use Permit. Drainage and Utility Easement over Storm Sewer Pipe. There is an existing storm sewer pipe that was reinstalled new as part of the Downtown project under a prescriptive easement. It is a recommended condition of approval that this easement be formalized. Recommended Findings. Staff recommends the following required findings for allowing a conditional use: 1. 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 use has already existed for a number of years and has not shown to be detrimental. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive Plan. Parking facility is a conditional use in this district. 3. The use or development is compatible with the existing neighborhood. A parking facility will alleviate parking needs for the nearby church and building on the parcel to the south through a shared parking agreement. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. There are no specific development standards for a parking facility in Article 7. 5. 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 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2% annual chance floodplain. 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use is existing and will not change the existing or intended character of the general vicinity or alter the essential character. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is existing and will deter church goers and tenants of the building to the south from parking on the street, thereby allowing for more on-street parking for surrounding residents and visitors to the downtown area. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The use will not change and has been served adequately thus far. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use will not change and therefore will not create additional requirements or cost. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not involve anything that would be detrimental. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The use will create no more traffic congestion than already exists at the site. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A Recommended Conditions of Approval. If approved, Staff recommends the following conditions of approval for the Conditional Use Permit allowing the use of a parking facility on ‘: 1. This Conditional Use Permit is effective upon the recording Minor Subdivision, as approved by Resolution 2013-46. Recording of the aforementioned Minor Subdivision must be executed within one year of the date of approval of this Conditional Use Permit. 2. The Applicant shall execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the Certificate of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 3. The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable by the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B’ to another party. 4. Future improvements to the parking lot shall be in conformance with City Code and Design Standards. 5. The Applicant shall execute and record a drainage and utility easement across the existing storm sewer pipe located along the south property line of ‘Tract A.’ RE-AFFIRMING MINOR SUBDIVISION APPROVAL As previously mentioned, the variance which allowed for the City to approve the Minor Subdivision granted by variance 2013-46 has expired. There is nothing that states that a Minor Subdivision must be recorded by a specific amount of time. The City Attorney has been consulted and has stated that State Statute allows but does not require governing bodies to mandate a time by which a minor subdivision be recorded before it becomes invalid. If the Zoning Map Amendment and Conditional Use Permit are required by Council, the City Attorney recommends that for clarification purposes, a Resolution be passed re-affirming the Minor Subdivision. A draft of this Resolution is attached. FISCAL IMPACT: The re-zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former Lank Elmo Bank building is located for its reuse and return as a thriving taxable property. OPTIONS: The Commission may: Recommend approval of the requested Zoning Map Amendment and Conditional Use Permit with recommended conditions. Amend recommended conditions of approval and recommend approval of the requested Zoning Map Amendment and Conditional Use Permit with conditions as amended. Recommend denial of the Zoning Map Amendment and Conditional Use Permit. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business to VMX – Village Mixed Use. “Move to recommend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business to VMX – Village Mixed Use.” Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit to allow the use of a parking facility on ‘Tract B/Parcel 2’ as shown in the attached Certificate of Survey dated 11-20-12. “Move to recommend approval of a Conditional Use Permit for a parking facility on the property legally described as ‘Lot 29 except the south 40 feet thereof, County Auditor’s Plat No. 8, Washington County, MN’ with recommended conditions of approval.” The Commission may also wish to recommend re-affirmance of approval of a minor subdivision for the property located at 3549 Lake Elmo Avenue North. “Move to recommend re-affirming approval of Minor Subdivision granted by Resolution 2013-46.” ATTACHMENTS: Application Draft Ord 08- Zoning Map Amendment Draft Resolution 2017- Approving a Conditional Use Permit for a parking facility Draft Resolution 2017- Reaffirming the Approval of a Minor Subdivision of 3549 Lake Elmo Avenue North Resolution 2013-07 approving a variance from minimum lot size and width requirements Resolution 2013-46 approving a minor subdivision for 3549 Lake Elmo Avenue 2 / 3 / 2 0 1 5 7 : 3 8 : 3 1 A M S : \ U Z \ W \ W a s h c \ 1 2 6 7 7 4 \ 4 - p r e li m i n a r y - d e s i g n \ 5 1 - c a d d \ M i s c _ e x h i b i t s \ W a s h c 1 2 6 7 7 4 _ M u n i c i p a lC o n s e n t E x h i b i t . d g n OF 5 FILE NO. WASHC126774 ST. PAUL, MN 55110 3535 VADNAIS CENTER DR. PHONE: (651)490-2000 9 5 40 SCALE IN FEET ON BOTH SIDES OPTION #1 - WALKS 36TH ST N ON BOTH SIDES 36TH ST N OPTION #1 - WALKS CONSTRUCTION LAKE ELMO, OLD VILLAGE 2015 #3610 LOHMANN JAMES E #3625 SCHUMACHER & APRIL C CURTIS R #3603 ALBRECHT ANDREA #3582 LOHMANN EVELETH I #3549 CHURCH PARKING LOT CHRIST LUTHERAN CHURCH LUTHERAN CHRIST #3570 SQUADRITO FRANK & BARBARA N #3590 BEUTEL ARLINE V BRUCE W & #3603 WACKER & SALLYANN WILLIAM G #3585 LAKE ELMO CITY OF L A K E E L M O A V E N 36TH ST N 11’ THRU LANE 11’ THRU LANE 8’ PARKING 8’ PARKING 7’ WALK 7’WALK #3617 KOHL KAREN L FAINT & DAVID S L A V E R N E A V E N 120 125 LEGEND TREE REMOVAL SEPTIC SYSTEM LOCATION STORM SEWER CATCH BASIN/MANHOLE PROPOSED WATERMAIN PROPOSED SANITARY SEWER PROPOSED STORM SEWER CONSTRUCTION LIMIT RIGHT OF WAY IN PLACE PROPERTY LINE CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-170 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08-017, as follows: Section 1: Zoning Map Amendment. The following properties are hereby rezoned from GB – General Business District to VMX – Village Mixed Use: The South 46.00 feet of Lot 29 and all of Lot 30, COUNTY AUDITOR’S PLAT NO. 8, Washington County, Minnesota. That part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR’S PLAT NO. 9, Washington County, Minnesota. Section 2: This Zoning Map Amendment is conditioned on the City receiving recorded documents or recorded document numbers for the deeds of conveyance which effectuate the Minor Subdivision approved by Resolution 2013-46 within one year of the effective date of this Ordinance. Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 4: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-170 was adopted on this 21st day of February, 2017, by a vote of ___ Ayes and ___ Nays. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk Resolution 2017-017 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-017 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY FOR CHRIST LUTHERAN CHURCH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36th Street North (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a parking facility for the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR’S PLAT NO. 8, Washington County, Minnesota (the “Property”); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on February 13, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 13, 2017; and WHEREAS, the City Council considered said matter at its February 21, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit 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 the proposed Conditional Use Permit includes the following components: Resolution 2017-017 2 a)A Conditional Use Permit for a parking facility and for the Property. 4) 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 use has already existed for a number of years and has not shown to be detrimental. 5) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive Plan. Parking facility is a conditional use in this district. 6) The use or development is compatible with the existing neighborhood. A parking facility will alleviate parking needs for the nearby church and building on the parcel to the south through a shared parking agreement. 7) The proposed use meets all specific development standards for such use listed in Article 7 o f this Chapter. There are no specific development standards for a parking facility in Article 7. 8) 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 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2% annual chance floodplain. 9) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use is existing and will not change the existing or intended character of the general vicinity or alter the essential character. 10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is existing and will deter church goers and tenants of the building to the south from parking on the street, thereby allowing for more on-street parking for surrounding residents and visitors to the downtown area. 11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The use will not change and has been served adequately thus far. 12) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use will not change and therefore will not create additional requirements or cost. 13) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not involve anything that would be detrimental. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The use will create no more traffic congestion than already exists at the site. Resolution 2017-017 3 15) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Conditional Use Permit for a self- service storage facility and outdoor vehicle storage is granted, subject to the following conditions: 1) The Minor Subdivision, as approved by Resolution 2013-46, must be executed within one year of the date of approval of this Conditional Use Permit. 2) The Applicant shall execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the Certificate of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 3) The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable by the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B’ to another party. 4) Future improvements to the parking lot shall be in conformance with City Code and Design Standards. 5) The Applicant shall execute and record a drainage and utility easement across the existing storm sewer pipe located along the south property line of ‘Tract A.’ Passed and duly adopted this 21st day of February, 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Michael Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-018 A RESOLUTION RE-AFFIRMING APPROVAL OF A MINOR SUBDIVISION FOR CHRIST LUTHERAN CHURCH – 3549 LAKE ELMO AVE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36th Street North (Applicant) submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to split an existing parcel located at 3549 Lake Elmo Avenue (PID 13.029.21.23.0053) (Property) into two separate parcels in accordance with the certificate of survey dated November 20, 2012 signed by Michael Cannon, License #40035, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Department reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Board of Adjustments and Appeals approved a variance request by the applicant to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013; and WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a meeting held on June 4, 2013 and adopted Resolution 2013-46, approving the Minor Subdivision for Christ Lutheran Church – 3549 Lake Elmo Avenue North. WHEREAS, the variance that was approved by the Lake Elmo Board of Adjustments and Appeals to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013 has since expired; and WHEREAS, the Planning Commission has reviewed at its meeting on February 13, 2017 requests by the Applicant for a Zoning Map Amendment to re-zone the Property from GB – General Business District to VMX – Village Mixed Use and a Conditional Use Permit to allow a parking facility as the principal use of the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington County, Minnesota; and submitted its report and recommendation concerning the requested Zoning Map Amendment and Conditional Use Permit as part of a memorandum to the City Council for the February 21, 2017 Council Meeting; and WHEREAS, the City Council reviewed the Applicant’s request for a Zoning Map Amendment and Conditional Use Permit and approved Ordinance 08-170, rezoning the Property from GB – General Business District to VMX – Village Mixed Use, and adopted Resolution 2017-017, granting a Conditional Use Permit for the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington County, Minnesota, thereby bringing the proposed Minor Subdivision in to conformance with City Code. NOW, THEREFORE BE IT RESOLVED, that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby re-affirms its approval of the request by Christ Lutheran Church for a Minor Subdivision, provided the following conditions are met: 1. The Applicant shall execute and record a shared parking easement in a form acceptable the City Attorney prior to the transfer of either “Tract A” or “Tract B” to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 2. The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable the City Attorney prior to the transfer of either “Tract A” or “Tract B” to another party. 3. The Applicant shall execute and record a drainage and utility easement over the existing storm sewer pipe located along the south property line of the “Tract A.” Passed and duly adopted this 21st day of February 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk