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HomeMy WebLinkAboutFULL PC-CUP Amendment Staff Report Final 4-8-2020 THE CITY OF STAFF REPORT LAKE ELMO DATE: 4/13/2020 PUBLIC HEARING TO: Planning Commission FROM: Ken Roberts, Planning Director; Ben Prchal, Planner AGENDA ITEM: Stillwater Area Public Schools - Conditional Use Permit Amendment (11530 Hudson Boulevard) REVIEWED BY: Kristina Handt, City Administrator Jared Shepherd, Hoff Barry, P.A. BACKGROUND: In October 2018, Stillwater Area Public Schools ("School District") purchased the property at 11530 Hudson Boulevard in Lake Elmo for use as a school bus terminal from the developer, EN Properties, LLC. The site was expanded from 5 acres to 11 acres to accommodate the School District's buses and employees. The site is one parcel in a larger development known as Four Corners. The School District applied for and the City approved rezoning the property to Business Park. (Ex. 2) On July 17, 2018, City approved a Conditional Use Permit (CUP) by Resolution 2018-077 to allow the Stillwater School District to operate a "School District Transportation Center," a school bus terminal from the property at 11530 Hudson Boulevard under certain conditions. (Id.) Those conditions included the following: 2) No construction or use of the bus terminal (unless in accordance with the Interim Use Permit approved by the City by Resolution 2014-095) may commence until all items as outlined in the City Engineer review memo regarding the Four Corners Preliminary &Final Plat(Stillwater Transportation Center) dated May 30, 2018 and all other subsequent construction plans memos regarding the Stillwater Transportation Center have been addressed; the Four Corners 1st Addition Final Plat has been recorded. 3) The applicant must obtain all necessary City, State, and other governing body permits prior to the commencement of the construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans (if required)parking lot permit,building permits, etc. 9) The property shall be connected to sewer and water prior to operation of the bus terminal. (Ex. 2) To date, the Property remains unconnected to sewer and water. In Fall 2019, the School District began utilizing the property as its bus terminal. (Exs. 9, 10, 11) (There was an earlier Interim Use Permit which applied to the property. However, that terminated by its terms upon the rezoning of the property in July 2018 and no longer has any application. (Ex. 25) In November 2019, the District applied for an amendment to their CUP to extend the date by which the facility had to be connected to water and sewer until December 31, 2020. (Ex. 10) After a series of meetings, on January 21, 2020, the City Council voted to deny the requested CUP amendment and directed staff to begin the revocation process for the CUP. (Ex. 12) The School District continues to use the Property as a bus terminal. On March 12, 2020,the School District made the present application for an Amendment to their Conditional Use Permit. (Ex. 1) The City Council will consider the CUP amendment application at its meeting on May 5, 2020. The City Council will also hold a public hearing on the potential revocation of the current CUP for this property at its meeting on April 21, 2020. ISSUE BEFORE THEPLANNING COMMISSION: The School District is requesting an amendment to the CUP to amend Condition#9 of the CUP from "the property shall be connected to City Sewer and Water prior to operation of the bus terminal"to "The School District may operate its bus terminal at the property using its existing well and a new septic system as approved by Washington County, which shall be installed by August 30, 2020. The well and septic system may be used until the public services are installed and the connections are made to the property. " The Planning Commission is being asked to hold a public hearing and make a recommendation to the City Council on this requested amendment to the CUP for the property at 11530 Hudson Boulevard. PROPOSAL DETAILS/ANALYSIS: Applicants: Stillwater Area School District(Korine Land/Peter Mikhail), 1875 Greeley Street South, Stillwater, MN Property Stillwater Area School District Owners: Location: 11530 Hudson Boulevard North (PID# 36.029.21.43.0001) Request: Conditional Use Permit—Amendment Existing Land School Bus Terminal Use: Existing BP—Business Park Zoning: Surrounding South—I-94 and Woodbury; West—Outdoor Storage (RT—Rural Development Land Use/ Transitional); East—Vacant land(RT—Rural Development Transitional);North— Zoning: Vacant land(RT—Rural Development Transitional) Comprehensiv BP—Business Park e Plan Guidance: Deadlines for Action: Application Complete: March 13, 2020 Applicable 60 Day Deadline: May 11, 2020 Regulations: City Code Title III, Chapter 10 City Code Article V: Zoning Administration and Enforcement City Code Article XIV: Commercial Districts City Code Title XV, Chapter 154 Page 2 CONDITIONAL USE PERMIT AMENDMENT: Initial CUP Application and Grant: The City Council granted the School District a CUP to operate a School District Transportation Center on July 17, 2018. In its application, the School District made the following representations about their proposed use: Approximately 200 people would work at this facility, with morning and afternoon shifts of drivers and attendants, along with vehicle maintenance and administrative staff. Hours of operation would be from about 6:00 a.m. to about 6:00 p.m. during the weekdays with occasional Saturday use for limited special school district transportation needs. This proposed use would be similar to the existing use of the property, in providing routine service of vehicles. Parking for the school buses (total of 140) transportation vans (about 20) and personal vehicles of the employees (about 200)would be provided on-site. Water and sanitary sewer infrastructure are also proposed to this area of the City as part of the adjacent re-development and re-alignment of Hudson Boulevard, eliminating the need for septic systems for treatment of wastewater from this facility.As the water for the facility is switched from well to municipal water, the existing well would be abandoned in accordance with Minnesota Health Department requirements. (Ex. 5) The Staff Report for Agenda Item#17,on July 17,2018,noted"Because the property is guided in the City's Comprehensive Plan for 2020-2030 Regional Sewer Staging Plan and would discharge to the MCES Cottage Grove Ravine Interceptor, provisions for connecting to the municipal sanitary sewer service must be included with this application," and "Because the property is located in the MUSA, provisions for connecting to the municipal water supply must be included." (Ex. 25) The Staff Report for Agenda Item# 17, on July 17, 2018, noted that the Interim Use Permit would expire on December 2, 2019 and "will terminate when any portion of the property is rezoned or when public sanitary sewer is provided on site." The report noted that, "the applicant does not want to operate under the current interim use permit." (Ex. 25) At the time of the City Council's consideration of the CUP, the School District representatives were provided with all staff reports and the proposed CUP. Staff responded to all questions concerning the Application and the process. The School District did not make objection the CUP or any of the conditions in the CUP. The City adopted the CUP on July 17, 2018 with the conditions set forth above. (See Ex. 2) Current Conditions: The School District has been using the Property for its Transportation Center since October/November 2019. (Exs. 9-11). The School District did not notify the City nor request an amendment to their CUP prior to occupying the Property. Page 3 The School District has completed many of the on-site improvements required by the CUP but the Property is not connected to sanitary sewer and water as expressly required by the CUP. The City does not have any responsibility for utility development on the Property. The issue of utility connection is the sole responsibility of the School District (under the CUP) and the Developer. The School District has sued the Developer under its purchase agreement, Independent School District No. 834, Stillwater Area Public Schools v. EN Properties, LLC & E& E Properties, LLC, and is specifically seeking injunctive relief to require the Developer to furnish water and sewer to the Property. In her letter dated November 5, 2019, School District Finance Director Kristen Hoheisel represented that the existing well has been approved by the Minnesota Department of Health. (Ex. 10) Ms. Hoheisel also represented that "temporary septic service has been approved by Washington County, pending acceptance by the City and a timeline for when City services will become available."(Ex. 10) The site is currently served by a temporary septic system, supplemented by temporary toilets (i.e. "porta potties"). According to Washington County, the temporary septic has not been permitted by Washington County. (Exs. 15-16) Current Plans for Permanent Septic: Until April 8,2020,the only plans provided related to the proposed permanent septic was a one-page Utility Plan provided with the Application. In response to questions from the Planning Department, the School District's Facilities Manager provided some explanation. (See Ex. 22). On April 8, 2020, the School District provided a 58-page plan for septic system design. (Ex. 23) The School District submitted the plans to Washington County on April 7, 2020. According to the Applicant, the County can review the design on paper right now but will need to conduct site visits to finalize any approval. The Applicant would agree to a condition that the design is subject to approval by Washington County. City staff continues to review the septic system design and may have additional comments at the time of the Planning Commission Meeting. Staff also will seek any feedback that can be provided by Washington County and provide any update to the Planning Commission at the time of the meeting. From a preliminary review of the septic design, it would remove 6 parking spaces from the front(SW corner) of the existing building. City Code requires them to have at least 133 parking spaces on site for employees and the approved project plans show 197 parking spaces. The removal of 6 parking spaces while leaving 191 parking spaces would leave the site in compliance with the parking standards. City Engineer Review: The City Engineer's review of the Application and proposed amendment is attached as Exhibit 20. The Engineers addresses the following relevant issues: Municipal Sanitary Sewer. The Engineer notes that, "[t]he proposed site is guided in the City's 2040 Comprehensive Plan for public sanitary sewer that would discharge to the MCES Cottage Grove Ravine Interceptor,"and consistent with current city policy,he recommends that the School District be required to connect to the city sanitary sewer system and extend sanitary sewer to the property. (Ex. 20) Municipal Water Supply. The Engineer states, "[t]he proposed facility resides within the Planned MUSA, therefore provisions for connecting to the municipal water supply should be included with the application," and consistent with current city policy,he recommends that the School District be required to connect to the city municipal water supply system and extend municipal water to the property. (Ex. 20) Stormwater Management. The Engineer notes that the approved CUP required the construction of storm water management facilities meeting city and VBWD rules to address new and reconstructed Page 4 impervious surfaces and internal parking areas and site improvements. (Ex. 20) The facilities remain under construction pending verification by city staff. Additionally, storm water improvements were required as part of the development to urbanize Hudson Boulevard consistent with design standards, and were a condition for approval, which has not been realized to date. There is no design plan and permit for storm water management required for the Hudson Boulevard improvements. The City Engineer also provided a preliminary assessment of the proposed permanent septic design. See Ex. 24. The Engineer's assessment is the septic system design cannot be approved as submitted. The proposed mound area is shown to encroach into the dedicated 10-foot utility easement along the Hudson Boulevard frontage. This also does not comply with Chapter 7080 rules that require all portions of the septic tanks and mound systems to be setback a minimum of 10 feet from all property lines. This area needs to be reserved for installation of small utilities. More importantly, according to the Engineer, is that the City will be relying on the full extent of this 10-foot easement for the installation of the City sanitary sewer and water main as shown on the Four Corners 1 st Addition construction plans. The septic/mound system should be required to maintain a 10- foot setback from the utility easement, or 20 feet from the southern property line. The 10-foot easement line must be shown on the septic/mound system plans together with the 10-foot required setback. The septic plans indicated that the design locations are just estimates and the actual mound system location will be determined by the installer. Washington County Review: As noted, in a previous e-mail (Ex. 16),Washington County has not issued a permit for the current temporary septic system. As to the proposed CUP amendment and proposed on- site septic, the Public Health and Environment Department acknowledged, as of the date of the letter, that they had not received an application for a replacement Subsurface Sewage Treatment System (septic system), and, therefore, cannot make an assessment whether the plan and proposed use is feasible. (Ex. 21) The County also noted that the current 3,000 gallon septic tank is not sufficient as it does not meet the requirements of MN Rule Chapter 7080 or Washington County Ordinance # 206. (Id.) The County also noted that it has not commented on the capacity needed for the site, contrary to the representation made by the School District. (Id.) Finally, the County notes that the Utility Plan does not indicate where the replacement system will be located and does not accurately depict what is currently on site. (Id.). Applicable City Code Provisions: City Code Section 154.106(C) provides that, "The Planning Commission shall hold a public hearing on each complete application for a conditional use permit as provided in § 154.102 of this Article. After the close of the hearing on a proposed conditional use permit, the City Planning Commission shall consider findings and shall submit the same together with its recommendation to the City Council." City Code Section 154.106(F) provides, "If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the specific ways in which the proposed use does not comply with one or more specific findings required by this Chapter. City Code Section 10.99 Penalties provides: (A) Prohibited Acts (1) Any person must do not do any of the following: . . . (b) Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of a city approval, including permits and licenses, required or granted under this code. Page 5 (c) Knowingly make or submit a false statement, document, or material omission in connection with an application or procedure required by this code. (B) Penalties (3) Each calendar day that division(A) above is violated constitutes a separate offense. (4) A violation of division(A) above constitutes sufficient grounds for denial of an application required by this code that is related to the violation. FINDINGS: Staff is recommending denial of the amendment to the CUP for the School District transportation center(bus terminal) located at 11530 Hudson Blvd North based on the following findings: 1. The proposed amendment does not conform to the City of Lake Elmo's Comprehensive Plan. City Code § 154.106(A) (2). a. The City approved the development of the parcel and the previous Conditional Use Permit with the expectation and requirement that the Property as developed be connected to sanitary sewer and water facilities. b. The developer of Four Corners Pt Addition has had well over a one year to construct the sanitary sewer and water facilities that are needed for the School District's bus facility. In fact, the developer has not even started the project. c. Properties that are within a MUSA district are required to connect to City water and sanitary sewer when they are developed. The Property was originally a 5-acre site and developed by the School District into an I I-acre site to accommodate its proposed use. The School District's 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. 2. The proposed use could be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. City Code § 154.106(A) (7). a. The Amendment requires temporary use of the Property served by temporary toilets (i.e. "porta potties") and an existing unpermitted septic system. The current septic system is not adequate for the site and constitutes a hazard to workers at the Property. 3. The Proposed Use will not be adequately served by essential public facilities and services, including, drainage structures, refuse disposal, water and sewer systems. City Code § 154.106(A) (8). a. The City approved the development of the parcel and the previous Conditional Use Permit with the expectation and requirement that the Property as developed be connected to sanitary sewer and water facilities. i. The developer of Four Corners Pt Addition has had well over a one year to construct the sanitary sewer and water facilities that are needed for the School District's bus facility. In fact, the developer has not even started the project. ii. Properties that are within a MUSA district are required to connect to City water and sanitary sewer when they are developed. The School District's property is located within a MUSA district. The Property was originally a 5-acre site and developed by the School District into an 11-acre site to accommodate its proposed use. Since it is not connected to City water and sanitary sewer services, it is in conflict with Page 6 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. b. The proposed permanent septic system is inadequate and will not adequately serve the Property and proposed use. i. The septic system design cannot be approved as submitted. The proposed mound area is shown to encroach into the dedicated 10-foot utility easement along the Hudson Boulevard frontage. ii. The design does not comply with Chapter 7080 rules that require all portions of the septic tanks and mound systems to be setback a minimum of 10 feet from all property lines. iii. The City will be relying on the full extent of the 10-foot easement utility easement for the installation of the City sanitary sewer and water main as shown on the Four Corners 1 st Addition construction plans. The septic/mound system should be required to maintain a 10-foot setback from the utility easement, or 20 feet from the southern property line. The 10-foot easement line must be shown on the septic/mound system plans together with the 10-foot required setback. 4. That the Applicant has misrepresented permit approvals related to their use (i.e. use of temporary septic system) of the Property, which is sufficient grounds for denial of the Application. City Code § 10.99(A) (1) (c) & 10.99(B) (4). Recommended Conditions of Approval. None. All conditions from Resolution 2018-77 shall remain in place. OPTIONS: The Planning Commission may: ❖ Recommend approval of the amendment to the CUP as proposed by the School District. ❖ Recommend approval of the amendment to the CUP with amendments or conditions. ❖ Recommend denial of the amendment to the CUP based on the Findings within this Report. RECOMMENDATION: Staff suggests that the Planning Commission recommend to the City Council that it deny the CUP amendment request for the School District transportation center (bus terminal) located at 11530 Hudson Boulevard North with Findings as noted above. ATTACHMENTS: • Exhibit 1 —Amended CUP Application • Exhibit 2 -Resolution 2018-77 • Exhibit 3 - City Code Section- 10.99 Penalties • Exhibit 4 - City Code Section 154.106 - Conditional Use Permits • Exhibit 5 -Narrative for Conditional use Permit Stillwater Area Public Schools, April 30, 2018 • Exhibit 6 - 2018 Stillwater Bus Facility Improvements • Exhibit 7 - Focusing Engineering Memorandum, May 30, 2018 • Exhibit 8- Stillwater Area Public Schools School Board Meeting Minutes, Sept. 12, 2019 • Exhibit 9 - Stillwater Area public Schools Sept. 12, 2019 School Board Meeting Agenda Item • Exhibit 10 -November 5, 2019—Stillwater Area Schools Amended CUP Application letter • Exhibit 11 -Resolution 2020-004 Page 7 • Exhibit 12 - January 30, 2020 Letter to City Council • Exhibit 13 -Photographs of 11530 Hudson Boulevard North, March 17, 2020 • Exhibit 14 - Focus Engineering Memorandum, March 19, 2020 • Exhibit 15 - E-mail from Dee Dee Armstrong, Feb. 20, 2020 • Exhibit 16 - E-mail from Gary Bruns, Washington County Department of Public Health and Environment, March 17, 2020 • Exhibit 17 - E-mail to and from Jake Depuy, Minnesota Department of Labor and Industry, March 9, 2020 • Exhibit 18 - 2040 Comprehensive Plan(Excerpts) • Exhibit 19—E-mails between City Staff and School District. • Exhibit 20—Focus Engineering Memorandum, March 19, 2020 • Exhibit 21 —Washington County Letter, April 1, 2020 • Exhibit 22—Redlined Utility Plan and E-mail from Applicant • Exhibit 23 —Septic System Plans • Exhibit 24—Engineer Preliminary Review, Septic System Plans, April 4, 2020 • Exhibit 25 —Staff Report, July 18, 2018, Agenda Item# 17 Page 8 LEVANDER TIMOTHY J.KUNTZ 7 DANIEL J.BEESON GILLEN & ANGELA M.LUTZ AMANN KORINE L.LAND DONALD L.HOEFT MILLER P.A. BRIDGET McCAULEY NASON PETER G.MIKHAIL SCOTT M.LUCAS TONA T.DOVE ATTORNEYS AT LAW AARON S.PRICE DAVID L.SIENKO Established in 1929 CASSANDRA C.WOLFGRAM CASSANDRA J.BAUTISTA AMANDA J.JOHNSON March 12, 2020 Ken Roberts Planning Director City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Re: STILLWATER AREA SCHOOL DISTRICT AMENDED CUP Our File No.: 21830.00000 Dear Mr. Roberts: This letter is intended to supplement the information being submitted for a requested amendment to the School District's approved CUP Resolution 2018-077. Our firm has been engaged to represent the School District with respect to this matter. We have been authorized and directed to submit this application on the School District's behalf. Enclosed you will find the following: • Land Use Application Form for Amended CUP Resolution 2018-077 0 Escrow Agreement • Acknowledgement of Responsibility Form EXHIBIT 0 Affirmation of Sufficient Interest d • Copy of Deed 1 • 10 copies of the Draft Utility Plan • Address labels for property owners within 350 feet 0 $500 application fee Background: The Stillwater Area School District (the "School District") owns the property located at 11530 Page 2 March 12, 2020 Hudson Blvd. N., in the City of Lake Elmo (the "Property"). The Property has been a fully developed bus/truck terminal for nearly 20 years. In anticipation of the future development of neighboring lands, and specifically the arrival of public sewer and water,the School District spent considerable resources to install on-site infrastructure and parking improvements. In the process, the School District eliminated the septic system and secured a CUP that anticipated the arrival of public utilities. Now that the proposed installation of public utilities has stalled indefinitely, the School District intends to restore the Property's historic, self-sufficient functionality relying on well and septic systems. Accordingly, it seeks to amend its CUP to allow the Property to rely on well and septic, as expressly allowed by City Code, until the public utilities arrive. In the mid-2000s, the School District contracted with the Laidlaw bus company who used the Property as a bus terminal. In 2008, the City granted an Interim Use Permit to allow Laidlaw and others to continue using the bus/truck terminal,relying on the existing well and septic system. This Property was continuously operated as a bus/truck terminal for years. The IUP was set to expire either on December 2, 2019 OR until any portion of the Property was rezoned OR when public sanitary sewer was provided to the site. The City entered into a development agreement that required EN Properties,Inc. (the"Developer") to install public sewer and water lines by October 2019. When it became clear that the Developer was behind schedule, but still anticipating the arrival of public utilities, City Staff encouraged the School District to reapply for the IUP. However, upon review it was discovered that the IUP was no longer in effect due to the rezoning of the property. As a result, the School District contacted City Staff to determine an appropriate alternative. City Staff suggested that an amendment to the CUP extending the time to connect to sewer and water was a reasonable alternative and had the same effect as an extension of the IUP. This amendment was submitted in November 2019. Unfortunately, at the same time the City was considering the School District's amendment application, it became clear that the Developer was failing to perform as required under the Development Agreement. Both the City and the School District understood there would be long- term problems if the Developer failed to complete its obligations to install public sewer and water lines. Ultimately, apparently lacking confidence that the Developer would deliver public sewer and water, the City denied the School District's amended CUP application for an extension of time. Since that denial,the School District and the City have attempted to work toward a solution to get the installation of public utilities back on track, including increasing the escrowed amounts under the Development Agreement. These additional funds would have allowed the City to undertake the utility portion of the project, bringing public sewer and water to the Property. Under the terms of the proposed agreement, City Staff was prepared to recommend that the School District's CUP be amended to allow the School District to operate on site with its well and temporary septic system until October 2021. However, because of disagreements with the Developer about construction details and the terms of needed easements, an agreement could not be reached. A long-term resolution to install public utilities remains elusive. Therefore, the School District must request a new amendment to its existing Conditional Use Permit, specifically asking that condition No. 9 of the CUP be modified as follows: Page 3 March 12, 2020 The School District may operate its bus terminal at the property using its existing well and a new septic system as approved by Washington County, which shall be installed by August 30, 2020. The well and septic system may be used until the public services are installed and the connections are made to the Property. The School District proposes to use the existing well that has been tested and approved. In addition, the School District intends to install a new septic system to accommodate the maximum number of employees that visit the site. While the meeting room is not often used to maximum capacity, the County has indicated that the septic system needs to be larger in order to accommodate the drivers, as well as the office staff and mechanics. Therefore,the School District will submit plans for a larger septic system to Washington County that will comply with its capacity requirements. A preliminary concept plan has been included with this application,which will be further refined. The School District offers the following responses to the City's 12-factor test in support of its application: 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 as a transportation bus terminal has not changed and it has not been nor will it be detrimental to the public. 2. The use conforms to the Comprehensive Plan. The Zoning Ordinance and the Comprehensive Plan are in sync, because they now both designate the Property as Business Park. The use as a bus transportation terminal fits exactly with the intent of the Comprehensive Plan for this area. The Comprehensive Plan provides that this area adjacent to Highway 94 on the southeastern corridor of the City is ripe for development in 2020. However, the School District Property is ahead of the Plan since it has already been developed. It has been improved since the early 2000s and it has been consistently used in the same way that it is today. In addition, the School District is already prepared to connect when public utilities reach its Property. Internal sewer and water connections have been installed at the Property,as required by the CUP and, in fact, the School District has already paid its connection fees. This is one of the few fully developed parcels in the neighborhood that is being used pursuant the intended zoning district classification and is the first property ready to connect to public utilities. 3. The use has met all the development standards in Article 7 of the Zoning Code. 4. N/A (floodplain or shoreland area) 5. The use is being operated and maintained so as to be compatible with the intended character Page 4 March 12,2020 of the Business Park zoning district and will not change the character of that area. 6. N/A (nuisance) 7. 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. Because public sewer and water are not available, the School District is prepared to meet the requirement that the use will be served adequately by providing its own services. Septic: The School District intends to install a new septic system to accommodate the number of employees that frequent the site. The School District employs approximately 12 office staff and 6 mechanics at the Property. The current 3,000 gallon septic tank is sufficient to accommodate those employees. However, there are up to 200 bus drivers that are also on site and while they do not always enter the building, there is a meeting room when there is such a need to accommodate all of the drivers. Washington County has indicated that the septic tank needs to be larger, up to 58,000 gallons, and the septic system must be redesigned in order to accommodate the drivers as well. Therefore,the School District will develop and submit plans for a larger septic system to Washington County that will meet its requirements and it will install this new septic system by August 30, 2020. This investment is estimated to cost the School District approximately $250,000. Well: The current well has been tested and approved by the Minnesota Department of Health and will adequately serve the needs of the employees at the facility. The City identified a concern that the recently installed fire sprinkler system will not be operational until it is connected to the City's water main.However,because the School District is simply continuing the existing longstanding use as a transportation facility, the Fire Code did not require the installation of a sprinkler system. The School District installed a fire sprinkler system in anticipation of public services being available as planned. The School District was guided by the higher goals of providing enhanced safety, not by Fire Code requirements. In the interest of providing increased safety until such services were connected, the School District has installed upgraded fire alarms and smoke and heat detectors, both centrally monitored,throughout the facility. The bus terminal building is not new construction and has not been expanded. This is not "development." Historically, Laidlaw operated this site as a bus terminal. It was then used by a trucking company for the same purposes—repair, transportation, maintenance, and storage, including some bus storage—until the School District acquired the property. It is important to note that there are no sleeping quarters and there is no night shift. While the School District has spent significant funds to upgrade the fire suppression system (counting on the Developer to deliver the public water service in a timely manner), the building is in fact as safe as it has always been for this very use. Indeed, it is safer. Page 5 March 12, 2020 Because there is no change in use,there can be no change in the occupancy classification under the Fire Code. The City should not impose enhanced Fire Code conditions as part of this application. It would not be a reasonable condition of approval. If the City should insist on requiring a fire suppression system with operating sprinklers however, the School District can install a robust system to satisfy that condition. The School District has experience with such a system at one of its schools and anticipates that the cost of doing so here would approach or exceed $1 million. Though we do not believe such a fire suppression system would be a necessary or a reasonable condition of approval, if the City places that condition in the CUP, the School District has the ability to comply. 8. The use will not create any additional requirements or costs for the City or the community. 9. This use is not detrimental to anyone or any other property. The use is the same use that has been at this site for almost 20 years. It is a transportation facility and will continue to be one. 10. N/A (traffic congestion) 11. N/A (destruction of natural or scenic features of major importance) The School District is committed to providing its transportation services for the School District's 8,400 children out of this location. This application is adequately supported and meets all of the Council's objectives. We look forward to addressing any of your questions or concerns at the public hearing or any other meetings at which you would like to discuss it. Very truly yours, r � Korine Land Attorney for Stillwater Area School District Enclosures C: Stillwater Area School District Board Stillwater Area School District Superintendent Stillwater Area School District Chief Financial Officer Date Received: TI if: CITY OF 651-747-3900 Received By: LAKE ELMO 3800 Laverne Avenue North Permit#: Lake Elmo, MN55042 LAND USE APPLICATION ❑ Comprehensive Plan ❑ Zoning District Amend ❑ Zoning Text Amend ❑ Variance"(see below) ❑ Zoning Appeal X Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P. ❑ Interim Use Permit(I.U.P.) ❑ Excavating/Grading ❑ Lot Line Adjustment ❑ Minor Subdivision ❑ Residential Subdivision Sketch/Concept Plan ❑ PUD Concept Plan ❑ PUD Preliminary Plan ❑ PUD Final Plan ❑ Wireless Communications Applicant:_Stillwater Area Schools Address:_1875 Greeley Street South,Stillwater MN 55082 Phone#_651.351.8321 Email Address:_hoheiselk@stillwaterschools.org Fee Owner: Same as above Address: Phone# Email Address: Property Location(Address):_11530 Hudson Blvd.N.,Lake Elmo,MN 55042 (Complete(long)Legal Description: _Lot 1,Block 1,Four Corners,Washington County,Minnesota P I D#: 36.029.21.43.0001 Detailed Reason for Request:_See attached *Variance Requests: As outlined in Section 301.060 C.of the Lake Elmo Municipal Code,the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertainin to additional application expense. Signature of applicant: Date: Z Signature of fee owner: Date: �� T1 IL CITY CH' LAKE ELMO City of Lake Elmo Escrow Agreement for Municipal Review Services Deposit Agreement THIS AGREEMENT is made this 12th day of_March 2020 , by the Applicant and Owner(hereinafter individually and collectively referred to as "Applicant") in favor of the City of Lake Elmo, a municipal corporation of Minnesota (hereinafter referred to as "City"). A. "Applicant" whose name and address is: _Stillwater Area Schools _1875 Greeley Street South _Stillwater, MN 55082 B. "Owner" whose name and address is: _Same as above RECITALS WHEREAS, the Applicant has applied to the City for approval for one or more of the following: (Circle One) 0 1. Concept/Sketch Plan 0 2 Preliminary Plat 0 3. Final Plat 0 4. Planned Unit Development 5. Open Space Development TJ 6. Conditional Use Permit (Amended) 0 7. Commercial Zoning/ Use 8. EAW Review WHEREAS,the Applicant acknowledges the receipt of benefit to the property,from the City's technical and compliance review of the application; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412 and 462, the City will process the application on the condition that the Applicant enter into this Deposit Agreement, which agreement defines certain duties and responsibilities of the Applicant, as well as the City;and the Applicant shall provide cash to the City in the amount satisfactory to the City; and provide security to the City for the payment of all review costs incurred by the City. NOW THEREFORE,the City and Applicant agree as follows: 1. Requirement. The Applicant is required to make the necessary deposits prior to the process of municipal planning, public works, legal & engineering review commences. 2. Review Process. Applicant acknowledges and agrees that the City shall commence to review and process the review request checked above at such a time that this Agreement is executed by all parties and the cash required for the specific review is deposited and posted by the City's Finance Department. The City may provide a review completion schedule to the Applicant at the time of deposit. The City reserves the right to modify the schedule based on the completeness of the application, the need for additional information for review, or revisions to the application that may occur during the scheduled review. 3. Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs in connection with reviewing the application. The City shall determine all of its costs, including both administrative and consulting services, at the rates charged by the City or its consultants, determined according to the City's adopted fee schedule. A copy of the current administrative and consulting rates is attached as Exhibit "A", which rates are subject to change by the City, without notice to the Applicant. Exhibit "A" should not be construed as an exhaustive list of consultants and Applicants shall be responsible for all other consulting fees related to the application. The City shall provide Applicant with the applicable rates for consultants used in the review prior to commencement. This Agreement does not pertain to ancillary charges incurred by reviewing of other governmental bodies, including but not limited to, Soil & Water Conservation Districts, Washington County Government, Water Shed, or any other unit of government that may, by right,have review authority. 4. Conditions of Deposit. The following stipulations and conditions shall apply to the deposit account for review services contemplated under this Agreement. a. Payment shall be made to City consultants, included but not limited to legal and planning, in the amounts billed to the City, according to consulting rates in effect at the time of the execution of the agreement. Such consulting deemed necessary for the proper review of the application shall be at a usual and customary rate as it relates to the subject matter of the application for payment as determined by the City. b. The City shall reimburse itself from deposit accounts for all costs and expense incurred by the City in connection with the implementation and enforcement of this Agreement. Reimbursement shall occur on a monthly basis and the City's Finance Department shall notify Applicant of the reimbursement via account reconciliation report. C. The City shall not be responsible for paying any interest on the money deposited under the Agreement. d. If in the discretion of both the City's Finance Department and the Community Development Department, there is deemed to be an inadequate balance in the deposit account to pay for all fees and costs incurred by the City, the City will notify the Applicant for the need for an additional deposit. The total of the additional deposit shall be calculated by City staff based on the amount of work yet to be completed in the review of the application. Applicant agrees to make the additional deposit within (10) days of a receipt of such notice. For purposes hereof, receipt of notice shall be deemed made upon the depositing of the notice in the U.S. Mail, postage paid. In the event, the Applicant fails to make the additional deposit with (10) days of receipt of the notice, the City will terminate its review process and not re-commence until the appropriate deposit is made and posted by the City's Finance Department. e. No applications will be processed or forwarded to the appropriate governing reviewing body by the City until all amounts due under this Agreement have been paid in full. 5. Positive Balance in Escrow Accounts. Upon the happening of any of the following events, the balance in the deposit account less outstanding fees shall be paid to the Applicant within (90) days of receipt by the City of a written request by the Applicant for payment: (1) completion of the development process; or (2) the application is withdrawn by the Application; (3) the applicant is denied by the City for any reason. 6. Deposit Amounts. The initial deposit amount contemplated for each the purposes described under the Agreement, which may be revised by the City from time to time, are set forth for Exhibit "B" attached hereto. 7. Accounting. If there has been activity in the account, the City will provide a monthly accounting of all expenses charged against the account or when requested by the Applicant. An accounting will also be provided when the City notices the need for an additional escrow deposit. 8. Terms of Breach. In the event of any terms of this Agreement are breached by the Applicant, including, but not limited to failure to make additional deposits when required by the City, the City may cease processing any application submitted by the Applicant or order the Applicant to cease any further development or progress under the terms of this Agreement, or both. Applicant indemnifies and holds the City harmless from any liability, claim, action or suit by or any obligation to the Applicant arising from or in connection with the City exercising or enforcing the terms and conditions of this Agreement or action on the Application. The Applicant shall pay all costs and expenses, including reasonable attorney fees and suit costs, incurred by the City arising from or in connection with the City any terms and conditions of this Agreement. 9. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portion of this Agreement. 10. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the parties referenced in this Agreement. 11. Amendments. The terms of this Agreement shall not be amended without the written consent of the City and all parties hereto. [Signature Page Follows J IN WITNESS WHEREOF,we have hereunto set our hands and seals. APPLICANT OWNER: ZL - <1 By: Peter G. Mikhail By: Peter G. Mikhail Its: Attorney Its: Attorney By: By: Its: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) Dakota On this ! ``day of 2-01 , before me a Notary Public within and for said County, personally appeared Peter G. Mikhail and ' to me personally known, to be the person described in and who executed the foregoing instrument and acknowledged that he/she/they executed that same as his/her/their free act and deed. Notary Publi STATE OF MINNESOTA ) REBECCAJ. STROP ) ss. Notary Publio-Minnesota COUNTY OF WASHINGTON ) MyC--48W eEWMSJW31,2M4 On this day of , 201 , before me a Notary Public within and for said County, personally appeared and to me personally known, to be the person described in and who executed the foregoing instrument and acknowledged that he/she/they executed that same as his/her/their free act and deed. Notary Public CITY OF LAKE ELMO By: Kristina Handt Its: City Administrator Attest:Julie Johnson, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 201 , before me a Notary Public within and for said County, personally appeared and to me personally known, to be the person described in and who executed the foregoing instrument and acknowledged that he/she/they executed that same as his/her/their free act and deed. Notary Public '1111- CITY OF LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by City staff and consultants. I further understand that additional information, including, but not limited to, traffic analysis and expert testimony may be required for review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application. Signature of applicant/ (—I- Date March 12, 2020 Name of applicant Stillwater Area School District Phone 651-351-8321 (Please Print) Name and address of Contact(if other than applicant) Revised 3/13/2014 9:11 AM T'111: CITY OI' LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laveme Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant Stillwater Area School District (Please Print) Street address/legal description of subject property 11530 Hudson Blvd. N. , Lake Elmo, MN 55042 i^ March 12, 2020 Signature Date If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner,attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 3/1312014 9:12 AM I, Peter G. Mikhail, an attorney licensed to practice law in the State of Minnesota, hereby certify that my firm represents the Stillwater Area School District and that the School Board has authorized and directed me to make the enclosed Amended CUP application on its behalf. Peter G. Mikhail Subscribed and sworn to before me on March 12, 2020. L Notary Public REBECCA J.STROP Notary Publio-MInnesota O AAy Conridasion E. w J�31.2W4 Site Data Address: 11530 Hudson Blvd. N Lake Elmo, MN 55082 Legal: Lot 1, Block 1, Four Corners Washington County, Minnesota Zoning: Business Park Parcel size: 11 acres PID: 36.029.21.43.0001 Receipt:#412947 4173472 WAR $4600 WELL $16S5000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Transferred Entered CRV Filed Certified Filed and/or recorded on: No Delinquent Taxes 10/29/2018 8:23 AM Return to: 4173472 ERECORDING PARTNERS 400 SECOND AVENUE Office of the County Recorder SOUTH Washington County,Minnesota Jennifer Wagenius,County Recorder MINNEAPOLIS MN 55401 Kevin Corbid,Auditor Treasurer (Top 3 inches reserved for recording data) WARRANTY DEED eCRV number: c� �✓l �\/Q DEED TAX DUE: $ 1 k-g ;Y-)ID 0 DATE: October.c'�,2018 FOR VALUABLE CONSIDERATION, EN Properties,LLC,a Minnesota limited liability company("Grantor"),hereby conveys and warrants to Independent School District No.834,Stillwater Area Public Schools,a Minnesota body corporate and politic("Grantee"),real property in Washington County,Minnesota,legally described as follows: Lot 1,Block 1,Four Corners Check here if all or part of the described real property is Registered(Torrens)❑ together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: 1. Restrictions,covenants,conditions and easements of record.Development Agreement with City of Lake Elmo. Check applicable box. EN Proper• ,LLC ❑ The Seller certifies that the Seller does not know of any wells on the described real property. By. ® A well disclosure certificate accompanies this document or has Terry S. E rson,its Manager been electronically filed.(If electronically filed,insert WDC number: l�`3 Q 'Z ci \ ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ECB-1013 Page 1 of 2 Page 2 of 2 II WARRANTY DEED State of Minnesota,County ofbmsu io,, 7tv-' This instrument was acknowledged before me on OctobeWb 2018 by Terry S. merson as Manager of EN Properties,LLC,a Minnesota limited liability company. (Stamp) AAII =NOTARYPUBUG (signafu otarialolfZer) v A Title(and Rank): 2020 My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS SJOBERG&TEBELIUS,P.A. INSTRUMENT SHOULD BE SENT TO: 2145 Woodlane Drive Independent School District No.834 Suite 101 1875 Greeley Street South Woodbury,Minnesota 55125 Stillwater,Minnesota 55082 Telephone Number: 651-738-3433 STDOCS:1471067v2 Page 1 of 1 Parcel Search: March 11, 2020 at 3:39 p.m. by SURVPUB 350 feet surrounding 3602921430004. 11 parcels, 7 labels. 0102821110001 0102821130002 0102821210003 0102821220002 3602921340006 3602921340007 3602921430002 3602921430004 3602921430005 3602921440002 3602921440006 .._ sj!jeqe5/eD-AJ0Ae EN PROPERTIES LLC or Current Resident 2204 LEGION LANE CIR N LAKE ELMO MN 55042-9751 ISD 834 STILLWATER or Current Resident 1875 GREELEY ST S STILLWATER MN 55082 CITY OF LAKE ELMO or Current Resident 3880 LAVERNE AVE N STE 100 LAKE ELMO MN 55042 TRINITY SELECT LLC or Current Resident 11490 HUDSON BLVD LAKE ELMO MN 55042 SAYER M SCOTT or Current Resident 1730 MEADOWWOODS TRL LONG LAKE MN 55356 DPS-WOODDALE LLC or Current Resident 6007 CULLIGAN WAY MINNETONKA MN 55345 STATE OF MN-DOT or Current Resident 1500 COUNTY ROAD B2 W ROSEVILLE MN 55113 • .. _ h.` . LEGEND IN GATE VALVE R BOX O STORM MANHOLE CTV CABLE UNDERGROUND LINE ® WATER SHUTOFF O CATCH BASIN OE ELECTRIC OVERHEAD LINE }—X X XXX XX X X X X X X X XX—X_x—x UE ELECTRIC UNDERGROUND LINE / �X LIGHT POLE ❑ CURB INLET FO FIBER OPTIC UNDERGROUND LINE (/ --X X X----i I ® FLARED END G NATURAL GAS UNDERGROUND LINE x ) SANITARY SEWER PIPE x O SANITARY MANHOLE )) STORM SEWER PIPE r x ^� HYDRANT I T TELEPHONE I WATERMAIN PPEERGROUND LINE x I I m m DRAINTILE PIPE I — — — — — — — — — — — — — — — — — — — — ----, I I I I I I x i I—I—I—�II—I—III- I—III—I—I-�II i j x I l I N I l I I w J w C, n[DRAIAIATiMA T IN W x I ® I A T l Q O F O x i — I I N = W O I I CI WATERMAIN _ I W U W Z x EASEMENT' I vJ � 7 l U I l U = UJ I x I _ I I I I — D H O I 11 } I x I J m J I x 11�1 I —r D �2 x x I I - -� �u ^ I� 0 l -----� > U N x w Z CO I l Lo -- !J, m z 11 FUEL PUM I x �1 < Q LLI x l 6D LOCATIO I I I J d' Q I Q it W F HOLDING �U) �y'► Q U) Al x I ® I c I I � ® CI W T R IN x i BUILDING AREA-15,498 E S M N I I a I FIFE=904.50 l \- --------- --------- J x� I a` xi I I I I I I I EXISTIN xi STORMWATG ER I - -- POND `. I AREA UNDERGROUND WATER VAULT FOR I FIRE SUPRESSION - I $ O M ATER E CE S NTI < x x X X —x I x II x �» x x x—x �13 ET�RhALIx x—X OO II U ,ITY SEMENT l I Q SEPTIC AND I I a � ��� � tiI DRAIN FIELD l I a a a __ » T I I l�lII—I—I—IIII—I—I—I III POTENTIAL e___________________________________________ ___-- NORTH UTILITY PLAN 0 20 40 80 C 1 00 P:\Projects\Projects-201n12176010-Stillwater Bus Facility Evals\C.Design\Drawing Files\12176010-Potential Uitlitiesdwg CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-077 A RESOLUTIONAPPROVLVG A CONDITIONAL USE PERMIT FOR A SCHOOL DISTRICT TRANSPORTATION CENTER FOR A PORTION OF THE PROPERTY LOCATED AT 11530 HUDSONBOULEVARD NORTH WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Stillwater Area Schools(Kristen Hoheisel), 1875 Greeley Street South, Stillwater,MN 55082 (the"Applicant")has submitted an application to the City of Lake Elmo (the"City")for a Conditional Use Permit for a school district transportation center for a portion of the property located at 11530 Hudson Blvd N (PID# 36.029.21.43.0001) (the"Property"); and WHEREAS, a request for a Preliminary and Final Plat to subdivide the Property in to Lot 1, Block 1 of Four Corners, with three separate outlots was submitted by Terry Emerson, 2204 Legion Lane Circle North, Lake Elmo,IN 55042; and WHEREAS,the Applicant also submitted applications to the City for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district; and a Zoning Map Amendment to re-zone Lot 1, Block I of Four Corners from Rural Development Transitional to Business Park; 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 hcaring on said matter on June 4, 2018 and June 18, 2018; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 17, 2018, and WHEREAS,the City Council considered said matter at its July 17,2018 meeting; and 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. Resolution 2018-077 1 5090200 SJS LA515-1 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: a) A Conditional Use Permit for a school district transportation center for a portion of the property located at 11530 Hudson Blvd N. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: Lot 1, Block I of Four Corners. 5) That the Zoning Text Amendment that was proposed by the Applicants allows local transit as a conditional use within the Business Park zoning district. 6) That the City approved the Applicant's request for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district. 7) That the City approved the Applicant's request for a Preliminary and Final Plat to subdivide the Property in to Lot 1,Block 1 of Four Corners along with three separate outlots. 8) That the City approved the Applicant's request for a Zoning Map Amendment to re-zone the Property from Rural Development Transitional to Business Park. 9) 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.Bus traffic is not expected to be detrimental or dangerous, as trips and traffic will be limited to certain times of the day. It is a recommended condition of approval that there be significant berming to provide a sufficient screening of the parking lot. 10)The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Business Park, in which local transit, which meets certain standards, is a conditional use per the Zoning Code. The use also provides a significant number of jobs per acre, which is a desired trait of the Business Park land use designation per the Comprehensive Plan. 11)The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the existing use is a truck terminal, which is similar in use and design to a bus terminal. The surrounding parcels are mostly vacant and undeveloped.. 12)The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposal complies with the proposed development standards as recommended in the requested Zoning Text Amendment,although it does not comply with many parking lot,screening, and landscape standards,which have been required as a recommended condition of approval, 13)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 Resolution 2018-077 2 509020A SJS LA515-1 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2%annual chance floodplain. 14)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. While the proposed project is a redevelopment/repurposing of an existing site and will not change the existing character of the area, operations are not within a building and so would not meet the intended character of the neighborhood. 15)The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. While the proposed use will create a significant amount of traffic, it will be limited to certain times of the day. 16)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. There are plans to connect to City sewer and water at the applicant's cost. The use may require the prompt need for the CSAH 15/Hudson Blvd traffic signal,for which the City will be required to share 25%of the cost,and the Hudson Boulevard realignment.It is not yet known if the applicant's stormwater managementplan meets all City,State, and Valley Branch Watershed District requirements. 17)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. While the use will not pay property taxes,sewer and water service charges will be paid by the applicant. 18)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 f welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. The proposed use will generate a significant number of trips per day,though this will be limited to certain times of the day. Minimal noise is expected to come from the site,except during heavy traffic times at specific times within the morning or afternoon. 19)Vehicular approaches to the property, where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Traffic congestion could be created from the significant number of trips to the site,though these would be limited to certain times of the day. 20)The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. NIA NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Stillwater Area Schools for a Conditional Use Permit for a school district transportation center with the following conditions of approval: Resolution 2018-077 3 509020v1 SJS LA515-1 1) The Zoning Text Amendment to allow local transit (school district transportation center) within the Business Park Zoning District must be approved. 2) No construction or use of the bus terminal (unless in accordance with the Interim Use Permit approved by the City by Resolution 2014-095) may commence until all items as outlined in the City Engineer review memo regarding the Four Corners Preliminary&Final Plat (Stillwater Transportation Center) dated May 30, 2018 and all other subsequent construction plan memos regarding the Stillwater Transportation Center have been addressed;the Four Corners 1'Addition Final Plat has been recorded. 3) The applicant must obtain all other necessary City, State,and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans(if required),parking lot permit,building permits,etc. 4) The Applicant shall submit a photometric plan, and all lighting must meet requirements of Sections 150.035-150.038 of the City Code. 5) The above ground storage tank shall require development of diking around the tank, suitably sealed to hold a leakage capacity equal to 115% of the tank capacity.The applicant shall demonstrate that fire, explosion, or water or soil contamination hazards are not present that would be detrirnental to the public health, safety, and general welfare. The applicant shall also fill out an Aboveground Storage Tank Notification of Installation or Change in Status Form as required by the Minnesota Pollution Control Agency (MPCA). b) The Applicant shall submit an updated Landscape Plan and Tree Preservation Plan which includes sufficient berming and screening and addresses the comments in this report to be reviewed and approved by the City's Landscape Architect. 7) Parking areas shall be paved with a durable surface including,but not limited to,hot asphalt,bituminous or concrete; spaces shall be marked with painted lines at least four inches wide;required interior and exterior parking lot screening is required; a bumper curb or barrier of normal bumper height shall be provided; and must provide an adequate number of Americans with Disabilities Act(ADA)accessible stalls. 8) A sign permit shall be obtained prior to erection of any sign on the property. 9)- The property shall be connected to City sewer and water prior to operation of the bus terminal. 10)A Traffic Impact Study is required to determine timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements as well as to determine if an eastbound left turn lane along Hudson Boulevard is also needed at the site access. 11)The applicant shall be required to include a description of the sanitary sewer capacity demands including the number of residential equivalency units(R.EC)based on the Metropolitan Council Sewer Availability Charge(SAC) determination policy as well as a description of the water capacity demands including average day use,peak day use, and fire suppression demands.Demands must account for all planned uses and connections to Resolution 2018-077 4 509020v1 SJS LA515-1 the sewer system including bus wash wastewater as well as include potable drinking water,bus washing operations, etc. 12)Applicant shall be responsible to place hydrants throughout the property at the direction of the Fire Department. All fire hydrants shall be owned and maintained by the City. 13)That the applicant contribute a onetime payment of$150,000 in recognition of lost tax revenue as well as the City's cost share of the future traffic signal at the intersection of Manning Avenue (CSAH 15) and Hudson Boulevard North. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson,Mayor A ST: A� Rte J h-nsoii,gj Clerk Resolution 2018-077 5 509020v1 SJS LA515-1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-077 A RESOLUTIONAPPROVLVG A CONDITIONAL USE PERMIT FOR A SCHOOL DISTRICT TRANSPORTATION CENTER FOR A PORTION OF THE PROPERTY LOCATED AT 11530 HUDSONBOULEVARD NORTH WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Stillwater Area Schools(Kristen Hoheisel), 1875 Greeley Street South, Stillwater,MN 55082 (the"Applicant")has submitted an application to the City of Lake Elmo (the"City")for a Conditional Use Permit for a school district transportation center for a portion of the property located at 11530 Hudson Blvd N (PID# 36.029.21.43.0001) (the"Property"); and WHEREAS, a request for a Preliminary and Final Plat to subdivide the Property in to Lot 1, Block 1 of Four Corners, with three separate outlots was submitted by Terry Emerson, 2204 Legion Lane Circle North, Lake Elmo,IN 55042; and WHEREAS,the Applicant also submitted applications to the City for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district; and a Zoning Map Amendment to re-zone Lot 1, Block I of Four Corners from Rural Development Transitional to Business Park; 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 hcaring on said matter on June 4, 2018 and June 18, 2018; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 17, 2018, and WHEREAS,the City Council considered said matter at its July 17,2018 meeting; and 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. EXHIBIT 2 D Resolution 2018-077 1 5090200 SJS LA515-1 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: a) A Conditional Use Permit for a school district transportation center for a portion of the property located at 11530 Hudson Blvd N. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: Lot 1, Block I of Four Corners. 5) That the Zoning Text Amendment that was proposed by the Applicants allows local transit as a conditional use within the Business Park zoning district. 6) That the City approved the Applicant's request for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district. 7) That the City approved the Applicant's request for a Preliminary and Final Plat to subdivide the Property in to Lot 1,Block 1 of Four Corners along with three separate outlots. 8) That the City approved the Applicant's request for a Zoning Map Amendment to re-zone the Property from Rural Development Transitional to Business Park. 9) 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.Bus traffic is not expected to be detrimental or dangerous, as trips and traffic will be limited to certain times of the day. It is a recommended condition of approval that there be significant berming to provide a sufficient screening of the parking lot. 10)The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Business Park, in which local transit, which meets certain standards, is a conditional use per the Zoning Code. The use also provides a significant number of jobs per acre, which is a desired trait of the Business Park land use designation per the Comprehensive Plan. 11)The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the existing use is a truck terminal, which is similar in use and design to a bus terminal. The surrounding parcels are mostly vacant and undeveloped.. 12)The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposal complies with the proposed development standards as recommended in the requested Zoning Text Amendment,although it does not comply with many parking lot,screening, and landscape standards,which have been required as a recommended condition of approval, 13)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 Resolution 2018-077 2 509020A SJS LA515-1 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2%annual chance floodplain. 14)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. While the proposed project is a redevelopment/repurposing of an existing site and will not change the existing character of the area, operations are not within a building and so would not meet the intended character of the neighborhood. 15)The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. While the proposed use will create a significant amount of traffic, it will be limited to certain times of the day. 16)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. There are plans to connect to City sewer and water at the applicant's cost. The use may require the prompt need for the CSAH 15/Hudson Blvd traffic signal,for which the City will be required to share 25%of the cost,and the Hudson Boulevard realignment.It is not yet known if the applicant's stormwater managementplan meets all City,State, and Valley Branch Watershed District requirements. 17)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. While the use will not pay property taxes,sewer and water service charges will be paid by the applicant. 18)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 f welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. The proposed use will generate a significant number of trips per day,though this will be limited to certain times of the day. Minimal noise is expected to come from the site,except during heavy traffic times at specific times within the morning or afternoon. 19)Vehicular approaches to the property, where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Traffic congestion could be created from the significant number of trips to the site,though these would be limited to certain times of the day. 20)The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. NIA NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Stillwater Area Schools for a Conditional Use Permit for a school district transportation center with the following conditions of approval: Resolution 2018-077 3 509020v1 SJS LA515-1 1) The Zoning Text Amendment to allow local transit (school district transportation center) within the Business Park Zoning District must be approved. 2) No construction or use of the bus terminal (unless in accordance with the Interim Use Permit approved by the City by Resolution 2014-095) may commence until all items as outlined in the City Engineer review memo regarding the Four Corners Preliminary&Final Plat (Stillwater Transportation Center) dated May 30, 2018 and all other subsequent construction plan memos regarding the Stillwater Transportation Center have been addressed;the Four Corners 1'Addition Final Plat has been recorded. 3) The applicant must obtain all other necessary City, State,and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans(if required),parking lot permit,building permits,etc. 4) The Applicant shall submit a photometric plan, and all lighting must meet requirements of Sections 150.035-150.038 of the City Code. 5) The above ground storage tank shall require development of diking around the tank, suitably sealed to hold a leakage capacity equal to 115% of the tank capacity.The applicant shall demonstrate that fire, explosion, or water or soil contamination hazards are not present that would be detrirnental to the public health, safety, and general welfare. The applicant shall also fill out an Aboveground Storage Tank Notification of Installation or Change in Status Form as required by the Minnesota Pollution Control Agency (MPCA). b) The Applicant shall submit an updated Landscape Plan and Tree Preservation Plan which includes sufficient berming and screening and addresses the comments in this report to be reviewed and approved by the City's Landscape Architect. 7) Parking areas shall be paved with a durable surface including,but not limited to,hot asphalt,bituminous or concrete; spaces shall be marked with painted lines at least four inches wide;required interior and exterior parking lot screening is required; a bumper curb or barrier of normal bumper height shall be provided; and must provide an adequate number of Americans with Disabilities Act(ADA)accessible stalls. 8) A sign permit shall be obtained prior to erection of any sign on the property. 9)- The property shall be connected to City sewer and water prior to operation of the bus terminal. 10)A Traffic Impact Study is required to determine timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements as well as to determine if an eastbound left turn lane along Hudson Boulevard is also needed at the site access. 11)The applicant shall be required to include a description of the sanitary sewer capacity demands including the number of residential equivalency units(R.EC)based on the Metropolitan Council Sewer Availability Charge(SAC) determination policy as well as a description of the water capacity demands including average day use,peak day use, and fire suppression demands.Demands must account for all planned uses and connections to Resolution 2018-077 4 509020v1 SJS LA515-1 the sewer system including bus wash wastewater as well as include potable drinking water,bus washing operations, etc. 12)Applicant shall be responsible to place hydrants throughout the property at the direction of the Fire Department. All fire hydrants shall be owned and maintained by the City. 13)That the applicant contribute a onetime payment of$150,000 in recognition of lost tax revenue as well as the City's cost share of the future traffic signal at the intersection of Manning Avenue (CSAH 15) and Hudson Boulevard North. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson,Mayor A ST: A� Rte J h-nsoii,gj Clerk Resolution 2018-077 5 509020v1 SJS LA515-1 §10.99 PENALTIES. (A) Prohibited acts. (1) Any person must not do any of the following: (a) Violate,fail to comply with,or assist,authorize,or permit the violation of a provision of this code; (b) Violate,fail to comply with,or assist,authorize,or permit the violation of the terms and conditions of a city approval, including permits and licenses,required or granted under this code;or (c) Knowingly make or submit a false statement,document,or material omission in connection with an application or procedure required by this code. (2) No section of part of this code designating the duties of an official,employee,or appointee of the city may be construed to make that person liable for the penalties provided herein. (B) Penalties. (1) A person who violated division(A)above is guilty of a misdemeanor and upon conviction will be punished in accordance with state law;provided,that if a different punishment is stated in this code,that provision governs the punishment for the violation. (2) Designation as a petty misdemeanor means that upon conviction the sentence will be in accordance with state law.If not designated as petty misdemeanor,a violation is a misdemeanor as set forth above in division(13)(1)above. (3) Each calendar day that division(A)above is violated constitutes a separate offense. (4) A violation of division(A)above constitutes sufficient grounds for denial of an application required by this code that is related to the violation. (5) Action prohibited by division (A)above may,at the option of the city,void a city approval that is related to the violation. (6) The City Attorney may institute a legal proceeding in the name of the City of Lake Elmo to prevent,restrain,remedy,or abate a violation of division(A)above. (7) Nothing in this section prevents the city from taking other action permitted by law,and the penalties and remedies provided here and under other law are cumulative. (Ord.08-028,passed 7-20-2010;Am.Ord.08-141,passed 7-5-2016) EXHIBIT 8 s 3 `s s s 3. Approximate location of all curb cuts, driveways, access roads, parking areas, off- street loading areas, and sidewalks. 4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and lawns. 5. Conceptual grading, erosion control, and storm water management plan. i 6. Conceptual sewer and water utility plan for the development. I 7. Narrative indicating the types of uses or businesses that are contemplated for the j development,number of employees, parking and traffic impacts, and other pertinent information about the proposed development. i 8. The Director of Planning may require the applicant to supply proof of ownership of the property for which the amendment is requested that illustrates legal or equitable interest in the property. E. Hearing Requirements. The Planning Commission shall hold a public hearing on each complete application for a Zoning Amendment as provided in §154.102 of this Article. After the close of such hearing, the Planning Commission shall consider findings and shall submit the same together with its recommendation to the City Council. F. Effect of Denial of Application.No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning C Commission within the one year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission,new evidence or a change of circumstances warrant it. G. Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current City of Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with the current Comprehensive Plan, an amendment to the Comprehensive Plan must be requested and approved prior to or concurrent with the rezoning request. E H. Coordination with Adjoining Communities. Any zoning district change on land adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission and the adjacent community or county for review and comment prior to action by the City Council granting or denying the zoning district classification change. A period of at least ten(10) days shall be provided for receipt of comments. Such comments shall be considered as advisory only. EXHIBIT (Ord. 08-085,passed 7-2-2013) a 4 § 154.106 CONDITIONAL USE PERMITS. A. Required Findings. Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following I provisions are met: 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. I V-8 . r 0. S } f 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. `s 4. The proposed use meets all specific development standards for such use listed in Article 9 of this Chapter. (Ord. 08-152) 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, §154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). 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. P 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. G 8. The proposed use will be served adequately by essential public facilities and k 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. 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. K 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. F 11. Vehicular approaches to the property,where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. B. Application Requirements. Conditional Use Permit applications shall be submitted to the t Director of Planning on such form and accompanied by such information as required by §154.10 LA of this Article and with the submission materials listed in §154.101.B of this Article. C. Public Hearing Required. The Planning Commission shall hold a public hearing on each complete application for a conditional use permit as provided in §154.102 of this Article. After the close of the hearing on a proposed conditional use permit,the City Planning Commission shall consider findings and shall submit the same together with its recommendation to the City Council. D. Final Decision by City Council. The City Council shall make the final decision on a conditional use permit after a public hearing by the Planning Commission. The City Council may approve, approve with conditions, or deny the application. fi V-9 t k , h r E. Conditions. In reviewing applications for conditional use permits, the Planning Commission and Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of property within the district and to achieve the goals and objectives of the Comprehensive Plan. In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses. c 1. The conditions shall include all specific development standards for such use listed in Article 9 of this Chapter. (Ord. 08-152) 2. If the proposed use is in a flood plain management or shoreland area,the conditions shall include specific standards for such use listed in Chapter 151 (Floodplain Management) and Chapter 154 (Shoreland Management). c 3. In addition, conditions may include, but are not limited to, the following: g a. Controlling the number, area,bulk, height and location of such uses; b. Regulating ingress and egress to the property and the proposed structures thereon with particular references to vehicle and pedestrian safety and convenience,traffic flow, and control and access in case of fire or other catastrophe; c. Regulating off-street parking and loading areas where required; € d. Controlling the location, availability and compatibility of utilities; e. Requiring berming, fencing, screening, landscaping or other means to protect nearby property; and t f. Requiring other conditions to create compatibility of appearance with surrounding uses. F. Findings for Denial. If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the specific ways in which the proposed use does not comply with one or more specific findings required by this chapter. G. Permittee. A conditional use permit shall be issued for a particular use and not for a particular person, except in the case of a permit granted for the uses of land reclamation, mining or soil or mineral processing. In such cases, a permit shall be issued to the particular person making application for such permit and such permit shall not be transferred or assigned for use by another without the written consent of the City. However, such consent by the City shall not be unreasonably withheld. H. Periodic Review. A periodic review of the use may be attached as a condition of approval of a conditional use permit. I. Term of Permit. Unless otherwise stipulated,the term shall be the life of the use. J. Revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this chapter, shall be a misdemeanor and shall also constitute V-10 t x f 9 3 R sufficient cause for the termination of the conditional use permit by the City Council following a public hearing conducted in accordance with §154.102 of this Article. K. Expiration. If substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void. This provision shall apply to conditional use permits issued prior to the effective date of this chapter, but the six-month period shall not be deemed to commence until the effective date of this chapter. (Ord. 08-085, passed 7-2-2013) § 154.107 INTERIM USE PERMITS. i A. Purpose and Intent. The purpose and intent of allowing interim uses are: 1. To allow a use for a limited period of time that reasonably utilizes the property where such use is not consistent with the future land map in the Comprehensive d Plan; and e 2. To allow a use that is presently acceptable,but that with anticipated development or redevelopment or other significant change,will not be acceptable in the future or will be replaced by a permitted or conditional use allowed within the respective district. B. Required Findings. An interim use permit may be granted only if the City Council finds f as follows: 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, F safety, and welfare of the community. 3. The use will not adversely impact implementation of the Comprehensive Plan. 4. The user agrees to all conditions that the City Council deems appropriate to establish the interim use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing on the site,upon the expiration of the interim use permit. 5. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. i 6. The date or event terminating the interim use shall be set by the City Council at the time of approval. C. Application Requirements. Interim Use Permit applications shall be submitted to the Director of Planning on such form and accompanied by such information as required by V-11 City of Lake Elmo Narrative for Conditional Use Permit Stillwater Area Public Schools April 30, 2018 Contact Information: Stillwater Area Public Schools—Kristen Hoheisel—651-351-8321, Email: hoheiselk@stilwaterschools.or Property Owner: Terry Emerson—651-845-3373, Email: tse03@comcast.net Engineer: Greg Buchal - Larson Engineering 651-255-0328, Email: gbuchal@larsonengr.com Surveyor: Tim Freeman—FFE Surveying 651-439-8833, Email: freeman@ffe-inc.com Property Address: 11530 Hudson Blvd. North, Lake Elmo, MN 55042 Current Zoning: Business Park Parcel Size: 11 acres (approximately 479,160 sq. ft.) PID Number: 36 029 2143 0001 Current building was constructed in the 1990's and was used for office space by E& H Earthmovers and also provided bus storage for Stillwater Schools. The building was then used by Kenworth Diesel Trucks for sales, repairs and service of diesel trucks, and is currently being considered for bus parking and maintenance by Stillwater Schools again. The proposed use is for a School District Transportation Center. The existing building, paved and gravel parking area, along with the existing landscaped berms would remain as they are and the site would be expanded to provide additional gravel surfaced parking for school buses and employee cars. School buses for the District would be parked at this facility when not in use, along with performing routine maintenance of the buses at this location. As part of the servicing and maintenance of the buses, it is also planned to wash and fuel buses at this facility. Approximately 200 people would work at this facility, with morning and afternoon shifts of drivers and attendants, along with the vehicle maintenance and administrative staff. Hours of operation would be from about 6:OOam to about 6:OOpm during the weekdays with occasional Saturday use for limited special school district transportation needs. This proposed use would be similar to the existing use of the property, in providing routine service of vehicles. Parking for the school buses (total of 140) transportation vans (about 20) and personal vehicles of the employees (about 200) would be provided on-site. This location is adjacent to major traffic corridors and routes within this area of the City of Lake Elmo and this would have less of an impact on traffic flow than would occur on lower volume roads or those through residential areas. Being located along the Highway 94 corridor,the bus traffic would have a minimal impact on the already higher volumes of traffic in this area. In addition,the peak bus traffic times will be limited to the morning hours,from about 7:OOam to 9:OOam to get student to school, and from about 2:OOpm to 4:OOpm to get students back home from school. EXHIBIT H 5 This proposed use would not be detrimental to the other permitted uses in the Business Park District. This use would be consistent with the City of Lake Elmo Comprehensive Plan for the Business Park District in providing a diverse mixed use,with a high density of jobs at this location. This facility will employee about 200 people, including the various shifts, positions and administrative staff. Water and sanitary sewer infrastructure are also proposed to this area of the City as part of the adjacent re-development and re-alignment of Hudson Boulevard, eliminating the need for septic systems for treatment of wastewater from this facility. As the water for the facility is switched from the well to municipal water,the existing well would be abandoned in accordance with Minnesota Health Department requirements. - - SYMBOL LEGEND ci o N s X—X X X—X X X—X X X X X X X� NEW 8: RUMINOUS PAVEMAGGREGATE BASER �m Yts _ NEW 8"CRUSHED AGGREGATE BASE X X X�X I SEE 24" L 1/CS GRANULAR BACKFILL = m Z 8 W E XX� I CAL NEW 6"CONCRETE PAVEMENT OVER �/� d o J d 6 x NEW 6"CRUSHED AGGREGATE BASE �• o `m� o x 8 $ CS SEE DETAIL 3105 L = m Tw Ln - 05 �•� NEW 10 AGGREGATE OVER W $ x I NEW 24"GRANULAR BACKFILL _ _ I SEE DETAIL 2105 $ 6 c x WHERE APPLICABLE,DIMENSIONS ARE FROM y�y�e BACK OF CURB TO BACK OF CURB OR BACK OF J CURB TO END OF STALL LINE. 'A _ �-.. x v, N UJ 1 STORMWATER x LL O W x - POND AREA O H I fir` x I PARKING STALL COUNT 2 0 x � I W w z C5 ADA STALLS REQUIRED=6 W Z_ ADA STALLS PROVIDED=6 V) - - - - - - - - x AUTOMOBILE STALLS=177 9 SCHOOL VAN STALLS=20 r l 2 ULJ SHORT BUS STALLS-24 d' I x C5 I I LA GE BUS STALLS=23 V1 ~ x I ®-INDICATES STALL COUNT IN ROW J J 0 j 1 I m J J x LOT SIZE U U) 0- ® 2 7 I I Total Lot Size:478,997 s.f.=11.00 Acres x 2 0 13.6' �— x Breakdown: Imo~ Proposed Building:15,498 s.f.=3.24% J_ Proposed Gravel Pavement Areas(Phase 1):182,980 s.f.=38.20% 1s Proposed Concrete and Bituminous Pavement x (Phase l):61,563 s.f.=12.85% N (1) i I I 25' rod 1 Proposed Open Space:218,956 s.f.-45.71% L.V ' ) Q � LL I W v, O x 1 8 Proposed Total Impervious Space=54.29% >- F— _ Business Park Max Impervious=75% („) 1IF--- CS Z F---- ——————— ---------� C5 Parking Lot Area=244,993 s.f. Q V 0 ���LLL!lllll��S""" 5%Landscaped Area Required=12,249 s.f J J to 1 _ I x I Landscaped Area Provided=16,830 s.f. C m Z C5 �„ C5—— I 1 a I *All gravel pavement surface(existing and proposed)in U c d I r— ——, — I C5 2 Phase 1 is going to be paved in Phase 2 of the project. J Q W Q I I FUEL PUMP ——J I C5 x A timeline for Phase 2 has not yet been established but LLI W SLAN rD LOCATION I is anticipated in 2 to 3 years' f- I _ I 14'WIDE 607 ~ 0 a x l I q 2 x I (n LLU J 1 b,000 GALLON C5 I PLAN NOTES ap D l­- 7� I I FUEL TANK >Q> (n I ARJA WITH LEAK 1 NT x I Automobile parking lot to be constructed after septic ( J I T2gx45 (135%) 1 5 I—x � 2(.�'x45'x2'DEEP) C5 � C E M I � O drainfeld is abandoned. Q L J_ I I i 27, � I 2 Entrance drive paving,and curb and gutter to match m`V (n I 119.7 I x O new construction for Hudson Blvd. F BUILDING AREA=15,498 I I FFE=904.50 I - I EXISTING GRAVEL PAVEMENT m TO REMAIN FOR PHASE 1 x -AL EXPANDED a STORMWATER I I hereby certify that this plan, I POND AREA I EXHIBIT by me and r report was prepared by the or under my direct supervision I � I and that I am a duly licensed ProfD 6 of the state of Minnesota.ional Engineer the laws N x I /YO x 1 r I v x I Greg A.Buchal,P.E. 8 C5 I I 3 I Date:04.30.18 Reg.No.:23793 I C5 I a10 A Re, Date Description 9 Q 06.06.18 Watershed Comments 0 09.14.18 City Resubmittal 5 9 ®® 1 I I ® H x I Q3 10,12.18 City Resubmitlal 6 CCISN c C5 I x ® 11.06.18 City Resubmittal I I Z yI9 if (9 TYP) - / �I �X_XXXx—F9-f�TMAk.'tx x - - .6( I I �� �� ITY SEM NT I Project#: 12176010 CI 5 I I ��� � I n Drawn By: KJA n ,3 I e as Checked By: GAB �— _— --3-- ----� -- riRWaimLaL'K 461f'3Y,��--- ------ ------ --------------- Issue Date: 04.30.18 13 —23 �— — — — — — — — — — Q — Sheet Title: n Q T T —'_ �` z PAVING AND 10 Inv Elev.=900.56 qsi I" a Inv.Elev. 1dp ---------------------------------------------------- ------------------ --- - DIMENSION PLAN ---------------------------------------------- =sal.00 NORTH o zo ao fio C 2 P:\Projects\Projects-2017\12176010-Stillwater Bus Facility Evals\C.Design\Drawing Files\12176010-C2.dwg sheer. FOCUSENGINEERING, inc. MEMORANDUM Cara Geheren, P.E. 651.300.4261 Jack Griffin,P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4285 Date: May 30, 2018 To: Emily Becker, Planner Director Re: Four Corners Preliminary& Final Plat (Stillwater Transportation Center) Cc: Chad Isakson, Assistant City Engineer From: Jack Griffin, P.E., City Engineer An engineering review has been completed for the Four Corners Preliminary and Final Plat including the Stillwater Transportation Center. Preliminary Plat/Final Plat and Site Plans were received on May 16, 2018. The submittal consisted of the following documentation: • Four Corners Preliminary Plat, dated May 4, 2-18, prepared by Folz Freeman Surveying LLC. • Four Corners Final Plat, not dated, prepared by Folz Freeman Surveying LLC. • Stillwater Bus Facility Site Plans, dated April 30, 2018, prepared by Larson Engineering Inc. • Project Narratives, dated April 30, 2018. Engineering has the following review comments: STORMWATER MANAGEMENT • A State and Valley Branch Watershed District (VBWD) permit will be required. The site plan is subject to a storm water management plan meeting State, VBWD and City rules and regulations. No proposed storm water management plan was provided as part of the Plan submittal. • A storm water management plan must be submitted detailing the stormwater management calculations to support any proposed improvements to meet agency requirements including the HydroCAD model in electronic format. The Management plan must include a summary report describing the overall stormwater management plan and performance criteria for all required storm events. • Storm water facilities proposed for meeting State and VBWD permitting requirements must be designed and constructed in accordance with the City Engineering Design Standards Manual available on the City website, dated March 2017. • The storm water facilities constructed for this development should remain privately owned and maintained. The applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement in the City's standard form of agreement. • Even as privately owned and maintain facilities, maintenance access roads meeting the City engineering design standards must be provided for all storm water facilities. • The storm water facility 100-year HWL must be fully contained within the subject property or easements must be acquired to protect the 100-year HWL flood area. The proposed plans show the 100-year HWL event discharging off-site at the southeast corner. • City design standards, details and plan notes must be used for erosion control. 1=1 PAGE 1 of 3 STREETS AND TRANSPORTATION • Hudson Boulevard Right-of-Way/Easement Dedication. No additional right-of-way dedication is required unless an eastbound left turn lane is required (see below). However, a 10-foot utility corridor easement for small utilities must be dedicated to the City along the north boulevard of Hudson Blvd. • Site Access. The site plans propose the continued use of the existing commercial driveway with dedicated right and left turn lanes leaving the site. • Hudson Boulevard Improvements. As part of the development, Hudson Boulevard must be improved per the City design standards to an urban section on the north side of the street including a west bound right turn lane to the site, a 4-foot shoulder (curb reaction), a 9-foot boulevard, and 10-foot shared use bituminous trail with 2-foot clear zone (see attached typical section and preliminary layout). • Traffic Impact Study. A traffic impact study should be completed and submitted as part of the preliminary plat application to determine the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements. A financial contribution to CSAH 15/Hudson Blvd traffic signal/realignment should be considered. In addition, the study is needed to determine if an eastbound left turn land along Hudson Boulevard is also needed at the Site access. MUNICIPAL SANITARY SEWER • The proposed site is guided in the City's Comprehensive Plan for 2020-2030 Regional Sewer Staging Plan and would discharge to the MCES Cottage Grove Ravine Interceptor. Therefore, provisions for connecting to the municipal sanitary sewer service must be included with this application. The site plans/application indicates a new sewer service line connecting to future sanitary sewer but does not address the extension of sanitary sewer to the site. • The applicant will be responsible to connect to the City sanitary sewer system and extend sanitary sewer into the property at applicant's sole cost. In addition, the applicant will be required to stub sanitary sewer mains to adjacent properties so that these parcels maintain sewer access. Sanitary sewer is available along Hudson Blvd near the MCES Meter Station.The sanitary sewer trunk size will need to be determined based on the 2040 Comprehensive Plan. • The application should include a description of the sanitary sewer capacity demands including the number of residential equivalent units (REC) based on the Met Council SAC determination policy. Demands must account for all planned uses and connections to the sewer system including bus wash wastewater. This information is required for staff evaluation of the sewer system improvements needed to support the development and to determine the applicable sewer availability charges. • Existing Utility Easements. The existing sanitary sewer utility easements along Hudson Boulevard and the new commercial street corridor must be shown with the preliminary plan submittal and plan revisions must be made to avoid encroachments/conflicts with these easements. • Any main sewer lines placed within the development will require minimum 30-foot easements centered over the pipe (or wider dependent upon the sewer depths) dedicated to the City and in the form of the City's Utility Easement Agreement. MUNICIPAL WATER SUPPLY • The proposed facility resides within the Planned MUSA, therefore provisions for connecting to the municipal water supply must be included with this application. The site plans/application indicate a new water service line connecting to future water but does not address the extension of the municipal water supply to the site. • The applicant will be responsible to extend municipal water to the property at the applicant's cost. Watermain stubs will be required to eastern property limits. Water is available to be extended to the property from the Hunter's Crossing development but will require easements across adjacent properties. The watermain extension to the site will likely be a 12-inch trunk watermain. • The application should include a description of the water capacity demands including average day use, peak day use, and fire suppression demands. All demand should be provided including potable drinking PAGE 2 of 3 water, bus washing operations, etc. This information is required for staff evaluation of the water improvements needed to support the development and to determine the water availability charges. • The proposed site is in the water system's low-pressure zone which has limited capacity until a new water tower is constructed to serve the area. • The applicant will be responsible to place hydrants throughout the property at the direction of the Fire Department. All fire hydrants shall be owned and maintained by the City. • Any watermain lines and hydrants placed within the development will require minimum 30-foot easements centered over the pipe. Easements must be dedicated to the City and be provided in the City's standard form of easement agreement. PAGE 3 of 3 v 5F; Independent School District No. 834—Stillwater Area Public Schools Stillwater City Hall, 216 North 4t"Street, Stillwater, MN September 12, 2019—6:00 p.m. Meeting Minutes I. Call to Order: The meeting was called to order at 6:05 p.m. II. Roll Call: Present: Mike Ptacek, chair; Shelley Pearson,vice chair; Liz Weisberg, treasurer; Mark Burns, director; Jennifer Pelletier, director; Tina Riehle, director; Sarah Stivland, clerk; and Superintendent Pontrelli, ex-officio. III. Pledge of Allegiance: The Board Chair led the Pledge of Allegiance. IV. District Mission and School Board Goals: The mission statement was read by Member Weisberg and the goals were read by Member Burns. V. Approval of the Agenda Motion to approve the agenda by:Member Riehle;Second by:Member Stivland, Vote: 7 ayes, 0 nays, Motion Carried Unanimously. VI. Superintendent's Report Superintendent Pontrelli reported: 1. Welcome Rick Robbins new executive director with the Partnership Plan. 2. Due to scheduling conflicts with Morris Leatherman,the survey has been scheduled for the September 26 meeting. 3. Attended Retired Educators luncheon and shared our initiatives and what is happening in the district. 4. Superintendent Advisory Council met this week. Working consistently with three areas of focus—legislative efforts, welcoming environments, and referendums. 5. Community Design Team had its first meeting this past Tuesday. Great turn out for first meeting. 6. At a recent Finance Working Group meeting there was a question on a past executive summary report. Will add an addendum to provide additional information to the cost and total cost of the Oak Park media center. VII. Introductory Items Superintendent Pontrelli recognized Representative Shelly Christiansen. She was nominated as a MN School Board Association Legislator of Distinction for 2019. Recognize her advocacy for the school district and across the state. She helped with the Snow Day Relief. VIII. Open Forum 1. Robert Dickie—Helps with housing for family and youth. Students are at their facility and asks district to help with transportation. 2. Jim Franklin—Concern with open committee meetings. Attended Community Engagement Workgroup and they discussed good plans and engagement. Thank you for your goal oriented communication. 3. Kate Niemann—Stillwater Township—Open forum is an important mechanism for public to communicate with the board members. Appreciate the board's responses when reaching out. 4. Bob Sherman—Stillwater—Resolution of superintendent dispute. Thank you to Whitson Foundation. EXHIBIT 1 8 5. Doug Hemer—Stillwater—Sent a letter to the Board regarding mediation. Realize the requirement to waive in advance any claims the superintendent might have to actions taken was not part of the motion and apologize for the misread. Applaud Chair for not including that requirement in the motion. 6. Josh Leonard—Thank you for a great opening couple weeks. Ready Set Go conferences meant a lot.Appreciate and thank teachers and staff for their enthusiasm. Thanks for the strong leadership. IX. Consent Agenda A. Minutes of August 22,2019 Special School Board Meeting B. Minutes of August 22, 2019 Business Meeting C. Disbursement Register August 24-September 13,2019 D. Marsh and McLennan Agency—Workers' Compensation Renewal E. Additional Transportation Facility Design F. Human Resources Personnel Report Motion by:Member Pelletier to remove A and B from the motion;Second by Member Stivland to remove A and B and Vote on items C-F. Vote: 7 ayes, 0 nays, Motion Carried Unanimously. Motion by:Member Pelletier to accept and approve items C-F,Second by:Member Riehle; Vote: 7 ayes, 0 nays, Motion Carried Unanimously. Minutes of August 22 Special School Board meeting have one change: V. Closed Session vote change from 7 ayes to 6 ayes. Motion by Member Burns to accept and approve the August 22 Special School Board meeting minutes with the change indicated;Second by: Member Stivland; Vote: 7 ayes, 0 nays, Motion Carried Unanimously. Minutes of the August 22, 2019 Business Meeting change XII. Board Member Reports. C. 1. Director Riehle. Remove the sentence`Met with auditors who indicated to update the executive summary'. Change the word unanimous to anonymous. Add to B.Working Group Reports 2. Finance and Operations. Met with auditors and think it is important to have the executive summary corrected and they agreed it was important as well. Motion by Member Riehle to accept and approve the minutes of the August 22, 2019 Business meeting minutes with the changes indicated;Second by:Member Weisberg; Vote:6 ayes, 1 nay(Pelletier), Motion Carried. X. Reports A. Open Forum Process The Policy Work Group reviewed Policy 206—Public Participation in School Board Meetings. The policy indicates there is flexibility to make changes. The Work Group wants to try and keep balance with efficient use of time. The Work Group's recommendation is to give 3 minutes and expand the number of speakers to 15 with the intent to revisit in November. The work group realizes the public forum is a very important piece of open business meetings. B. First Day of School Report Dr. McDowell and Ms. Hoheisel presented information on the first day of school for the 2019-20 school year. Enrollment numbers for the first day were shared, as well as family experiences with the staggered start times for grades 6-12 and the K-5 conferences. This year's focus is`every student every day'. The Stuff the Bus Campaign statistics was also shared. The following are all mandatory policies. The Second Reading of the following polices were presented by Director Stivland. C. Policy 412—Expense Reimbursement 2 D. Policy 427—Workload Limits for Special Education Teachers E. Policy 502—Search of Student Lockers, Desks, Personal Possessions, and Students Person F. Policy 722—Public Data Requests—this policy was pulled due to concerns raised. The Policy Work Group will review and bring back for second review at a future meeting. Final readings for Policy for 412,427 and 502 will be brought to the September 26 board meeting. XI. Action Items A. Proposal to Consider Mediation Parameters Chair Ptacek indicated there is a generous offer by the Whitson Foundation. In order to further consider the mediation proposed by Whitson Foundation the Chair wants to address the associated liability concerns, that he be authorized to contact the District's legal counsel to request she draft an agreement whereby the Superintendent would consent to the release of her personnel data in the course of mediation and agree to hold the District and Board harmless from any liability arising from the mediation,which must be held at Open Board meetings. The draft would be brought to future meetings for board review and approval and eventually approval by the Superintendent. Motion by:Member Ptacek to approve the Board Chair to contact the district's legal counsel to request a draft agreement whereby the Superintendent would consent to the release of her personnel data in the course of mediation and agree to hold the District and Board harmless from any liability arising from the mediation which must be held at an Open Board meeting; Second by:Member Weisberg; Vote: 2 ayes;5 nays(Burns, Stivland, Pearson, Riehle, Pelletier), Motion Denied. XII. Board Member Reports A. Board Chair Report • Community Design Team met and was impressed with the students who participated. • Two student representatives will start at the next board meeting. • Will add to the Working Group Reports a report from the Community Design Team at future meetings. • Asked Director Burns to comment on the first Community Design Team. Director Burns indicated there were very enthusiastic people involved. Worked on long term vision statements. Seven meetings scheduled and they are publicly posted. There is a Long Range Planning link on the website. • Attended AMSD last week. • MSBA has a Delegate Assembly made up of board members. Sarah and Mike nominated as delegates. B. Working Group Reports 1. Community Engagement—Director Pearson—Work Group met today. Will have a tent up at the Homecoming carnival from 3:30-6:30 offering a brief survey and requesting board members help at the tent. Carnival is still looking for volunteers. World's Best Work Force has a need to fill more spots. Discussed board member school liaisons and looking for feedback. 2. Finance and Operations—Director Weisberg—Meeting held on August 29th. Meetings are posted on the website. 3. Legislative—Chair Ptacek—MSBA and AMSD are developing legislative platforms. A meeting will be scheduled of the work group and we are developing a timetable of legislative important events. SEE meeting scheduled on Sept 20th with Bill Morris speaking. 4. Policy—Director Stivland—Policy Work Group met this past Tuesday and met previously on the open forum questions. Reviewing mandatory policies by the state and those with annual review. Will then go back and work through other policies. Work Group meetings are open meetings. Board needs to define what the expectations if a board member is in the audience. Next meeting is October 1. 5. Personnel—Director Pearson—No meeting. 3 C. Board Member Reports 1. Director Pelletier—Involved in the Pollution Prevention group with Anderson Windows as a representative from the school district. Anderson is expanding in Cottage Grove and adding 125 new jobs. Concern with the Working Group meeting and possible quorum and would appreciate more discussion. Request for finance to discuss cuts we recently had and where they fit into the future budget. Nikhi Kumaran and Abdulaziz Mohamed wanted to wish every well and having a lot of fun at the UofMN and wish new student representatives luck. 2. Director Riehle—Opportunity to attend Ready Set Go at Afton Lakeland which was a really great experience. Attended Design Team meeting. Point out that Skyward and Schoology are available in app form which is convenient for parents. Shared information of attendance at a legally open and posted board meeting on August 29. 3. Director Weisberg—Attended the Community Design Team meeting and it was very encouraging. Attended the first Partnership Plan Meeting of the year. As board liaison will be attending the Grant Committee. 4. Director Pearson—Request to look into Open Forum speaker with transportation issues for the homeless students. Superintendent Pontrelli will follow-up. Attended Back to School nights and thank staff for all their work. 5. Director Stivland—SANS performance of Hamluke was voted Best Play and Best Technical Production at the International Festival Fringe in Edinburgh, Scotland. The Fall Fund Drive for the Intermediate District 916 Education Foundation is going on. 6. Director Burns—The theatre group worked very hard and has made Stillwater proud. Thank staff, administration and families for making the Ready Set Go conferences as well as back to school nights successful and educational. Statement for the Chair and board members for a reminder of the board's educational goals and responsibilities. Work toward fulfilling the goals we read at the meeting. XIII.Adjournment A. The meeting adjourned at 8:27 p.m. Respectfully submitted, Sarah Stivland, school board clerk. 4 w vflFq �5 �/BLIC SGN� Agenda Item: IXE Date Prepared: August 29,2019 ISD 834 Board Nbeting Agenda Item: Additional Transportation Facility Design Nteting Date: September 12,2019 Contact Person: Kristen Hoheisel,Executive Director of Finance and Operations Background:As part of the Stillwater Area Public Schools—2019 Bus Facility Improvements project,the District will be connecting to the City oflake Ehno's sanitary sew>rr,storm water and water supply systems. These public utilities and infrastructures are to be provided as part of greater development project to this area. Because the planned development has not progressed,interim changes will be necessary for the District's student transportation provider to occupy the facility. As a result,additional civil engineering design and coordination will be needed. Larson Engineering has an existing agreement dated December 21,2018 and executed on January 2,2019. This agreement provides civil engineering services for the 2019 Bus Facility Improvements which includes construction documents,bidding and construction administration/inspections in the amount of$38,800. Larson Engineering has provided a proposal to make necessary design changes and track construction costs associated with the delayed public utilities connections. Since the scope is not clear,Larson Engineering is proposing to proceed on an hourly basis not to exceed$5,000 to make design changes and track construction costs needed to accommodate the use of the facility until the public utilities are made available for connection. Based on the need to occupy the Transportation Facilityprior to public utilities being available,Administration recommends proceeding with the proposal from Larson Engineering,Inc. Location(s): Bus Facility Project Name: 2019 Bus Facility Interim Design Changes Fund:Building Construction Fund Item: Interim Wity Design Changes Cost: Proceed on an hourly basis not to exceed$5,000 plus additional charges for mechanical and electrical fees if required. Recommendation: Approval ofthe Consent Agenda will be requested. EXHIBIT 9 25 Larson Engineering,Inc. 3524 Labore Road White Bear Lake,MN 55110-5126 651.481.9120 Fax: 651.481.9201 www.larsonengr.com Larson August 23,2019 Mr.Anthony Willger Stillwater Area Public Schools 1875 South Greeley Street Stillwater, MN 55082 RE: Additional Civil Engineering Services 2019 Bus Facility Improvements Mr.Anthony Willger, As requested,Larson Engineering,Inc. (LEI) is pleased to submit the following proposal to provide additional civil engineering services for the 2019 Bus Facility Improvements for the Stillwater Area Public School District. These additional services are related to design and construction changes resulting from the delay by others regarding the installation of the City water and sanitary sewer services for the property. PROJECT DESCRIPTION Stillwater Area Public Schools purchased the property at 11530 Hudson Boulevard North in Lake Elmo, Minnesota which includes a small gravel-surfaced parking lot and an office/maintenance building. The parking areas will be expanded to accommodate the school bus maintenance and parking needs of the School District. Operations from the existing school bus facility located at 5288 Stagecoach Trail North in Stillwater, Minnesota will be relocated to this new property after the improvements are completed. As part of the proposed improvements, the existing building will be connected to the new City sanitary sewer, storm water and municipal water supplies when these new utilities are installed as part of a separate development which includes the re-alignment of Hudson Boulevard. However, the City's project has been delayed such that the new City water, storm sewer, and sanitary sewer will not be installed before the School District needs to occupy this facility. Therefore, changes to the design to accommodate use of the facility until those City utilities are installed will be necessary. Larson Engineering will work with Stillwater Area Public Schools and the contractor to come up with the most viable and cost-effective ways to address the various concerns related to the delay in City utility installation. Since the scope of work cannot be well defined at this point in time, we proposed to provide our additional services on an hourly basis,not to exceed$5,000. ENGINEERING FEES Larson Engineering will perform these requested services in accordance with our standard Terms and Conditions and the hourly rates provided below. Most of the anticipated re-design work will be performed by a Design Engineer, a CADD Technician, and reviewed and coordinated by the Project Manager. 26 Additional Civil Engineering Services 2019 Bus Facility Improvements August 23,2019 Principal $225.00/hr Graduate Engineer $140.00/hr. Project Manager $155.00/hr. CADD Tech $99.00/hr. Registered Engineer $152.00/hr. Clerical $60.00/hr. Design Engineer $140.00/hr. Technician/Intem $95.00/hr. Should mechanical or electrical changes be required, consultants providing these services will provide independent proposals for the various aspects of their work directly to the School District. REMARKS We very much appreciate the opportunity to work with Stillwater Area Public Schools on this project. Please review our proposal and if acceptable,please sign one copy and return it to us as our authorization to proceed. If you have any questions,please call us at 651-481-9120. Sincerely, Larson Engineering, Inc. -"� 0 Greg A. Buchal, P.E. Project Engineer PROPOSAL ACCEPTANCE: Please proceed with the services described above: ACCEPTED BY: SIGNATURE: TITLE: DATE: Larson 2 of 3 27 Additional Civil Engineering Services 2019 Bus Facility Improvements August 23,2019 TERMS AND CONDITIONS 1. Invoicing and payment: Invoices shall be rendered monthly in proportion to services performed. Full payment is due within 30 days of invoice unless other terms are specifically determined in writing. 2. Interest and Unpaid Balance Due: If any payment is not paid by Client when due,the unpaid balance shall accrue interest at one and one-half percent(1.5%)per month until paid. (Annual effective rate= 18%). 3. Attorney Fees and Collection Costs: In the event it becomes necessary for LEI to refer an unpaid account to any attorney or collection agency,then in addition to any amount due to LEI,LEI will be entitled to recover its costs of collection,which includes reasonable attorney fees. In the event of any litigation arising from or related to the services provided under this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. 4. Document Ownership: All original calculations, sketches,building models and/or construction documents (Documents)prepared by LEI shall remain the property of LEI unless other terms in writing are agreed upon by both parties. Any copies of Documents held by Client shall be considered instruments of professional services. Client shall not reuse or make any modifications to Documents without the prior written authorization of LEI. Client agrees,to the fullest extent permitted by law,to indemnify and hold LEI harmless from any claim, liability or cost(including reasonable attorney's fees and defense costs)arising or allegedly arising out of any unauthorized reuse or modification of Documents by Client or any person or entity that acquires or obtains Documents from or through Client without the written authorization of LEI. 5. Information Provided by Others: LEI shall indicate to Client the information needed for the rendering of services hereunder. Client shall provide to LEI such information as is necessary for LEI to perform the Scope of Work defined above. LEI shall be entitled to rely upon the accuracy and completeness of said information. As such, Client agrees, to the fullest extent permitted by law,to indemnify and hold LEI harmless from any claim,liability or cost(including reasonable attorneys' fees and costs of defense)for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in the information provided by Client to LEI. 6. Agreements: This Proposal represents the entire agreement between Client and LEI and supersedes all previous oral and written agreements on the subject project. LEI shall not be held to the terms of any other agreements or contracts,unless expressly made part of this agreement and amended in conformance with the Terms and Conditions of this Proposal. 7. Site Visitations: Site visits during construction included within this Proposal, are for the purpose of determining whether the construction work associated with this Proposal is in accordance with the Contract Documents. These Site Visits shall not constitute responsibility on the part of LEI for construction means and methods nor safety precautions and shall not relieve the Contractor of any responsibilities in conjunction with their work unless specifically stated within the Scope of Work of this Proposal. 8. Liability: The amount of liability will be limited to the amount of our fee. Larson 3 of 3 28 Independent School District 834 Stillwater 1875 South Greeley Street I Stillwater,Minnesota 55082 AREA PUBLIC SCHOOLS Tel:651.351.8340 1 fax:651.351.8380 www.stillwaterschools.org November 5, 2019 Ken Roberts 1 Planning Director City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: Stillwater Area Schools Amended CUP Application Dear Mr. Roberts: This letter is intended to supplement the information being submitted for a requested amendment to the School District's approved CUP, Resolution 2018-077. Enclosed you will find the following:. • Land Use Application Form • Resolution 2018-077 EXHIBIT • Escrow Agreement • Acknowledgement of Responsibility Form 10 • Affirmation of Sufficient Interest • Copy of Deed • 10 copies of the Utility Plan—clean copy • 10 copies of the Utility Plan—highlighted showing temporary and permanent utilities • Address labels for property owners within 350 feet • $500 application fee The Stillwater Area Public Schools now owns the property located at 11530 Hudson Blvd. N., in the City of Lake Elmo. Prior to the School District's ownership, the property was used as a bus/truck terminal pursuant to an Interim Use Permit. The IUP allowed the truck terminal to operate at the site with a well and septic system. The IUP was set to expire either on December 2, 2019 or until any portion of the Property was rezoned or when public sanitary sewer was provided to the site. The School District applied for and received approval for the rezoning of the property to Business Park on July 17, 2018, thereby automatically terminating the IUP. At the same meeting, the School District was granted the CUP to use the property as a"School District Transportation Center." One of the conditions in the approved CUP is that the School District connects to City sewer and water. (Condition No. 9, which states: "The property shall be connected to City sewer and water prior to operation of the bus terminal"). Unfortunately, the School District is dependent upon a developer to complete the extension of sewer and water to the property. As the City is aware, the developer has failed to perform these obligations as required by the developer's development agreement with the City. Afton-Lakeland Elementary,Andersen Elementary,Brookview Elementary,Early Childhood Family Center,Lake Elmo Elementary,Lily Lake Elementary, Oak-Land Middle School,Rutherford Elementary,St. Croix Valley Area Learning Center, Stillwater Area High School,Stillwater Middle School, Stonebridge Elementary Independent School District No. 834 Page 2 November 5,2019 Obviously, the default by the developer to timely perform under its development agreement with the City has caused significant and direct consequences to the School District. At the end of October, the School District was forced out of its former site due to the sale of that former site, and out of necessity, has moved its operations to the property. It is important to point out a few significant facts: 1. The School District will complete all of the on-site improvements by December 1, 2019, as required in its Site Improvement Agreement with the City. The School District has expended more than $2 million for these improvements. 2. Prior to construction, the City informed the School District that it could request an extension of the IUP to operate at the property using a well and septic system for a temporary period of time. Based on that direction, the School District installed a temporary septic tank, supplemented by temporary toilets. The existing well has been approved by the Minnesota Department of Health and the temporary septic services have been approved by Washington County, pending acceptance by the City and a timeline for when City services will become available. The City and School District now know that the IUP was terminated upon the event of the rezoning,thereby making the extension of the IUP impossible. The School District is, therefore, requesting an amendment to its existing Conditional Use Permit, specifically asking that condition No. 9 of the CUP be amended as follows: The School District may.operate its bus terminal at the property 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 occurs first. The School District agrees to connect to City sewer and water within 30 days after it becomes available. The City already approved the transportation center use in 2018 and determined in its findings that the School District met the City's 12-factor test for the conditional use permit. This requested amendment provides a minor modification to one of the conditions in the already approved use as a transportation center. While proving that the School District's request meets the 12-factor test again is not required for an amendment to this condition in the approved CUP, City Staff requested that we address the 12-factor test specifically as it relates to the requested condition.To that end, we address the 12 factors as follows: 1. The temporary services will not be detrimental to or endanger the public health, safety or general welfare. The existing well has been tested and approved by MDH. The septic tank and temporary toilets are a short-term solution and have been accepted by Washington County, pending City approval and a timeline for connection to City sewer. Well and septic systems have long been used in this area and the School District's short-term solution will not endanger the public. 2. The temporary services conform to the Comp. Plan. The requirement that the property be connected to City sewer and water as soon as they become available is included in the proposed amended language and conforms to the Comprehensive Plan. 3. The temporary services are compatible with the existing neighborhood. The neighboring properties suffer the same predicament as the School District's property and they also await the availability of City services;therefore,the School District's situation is compatible with the existing neighborhood. Independent School District No. 834 Page 3 November 5, 2019 4. N/A(no development standards for temporary services) 5. N/A(not in a floodplain or shoreland area) 6. The temporary services have been designed and are being operated and maintained so as to be compatible with the intended character of the neighborhood and will not change the character of that area. As soon as the property is able to connect to City services, these temporary services will be removed, and the well will be sealed. The short-term solution will not alter the character of the area. 7. The temporary services will not create a nuisance to existing or neighboring structures. The septic tank is emptied every 10 days, (and can be emptied with 24-hours' notice) and is equipped with an alarm at 75% capacity. The temporary toilets are serviced on a weekly basis. The School District has contracted with service providers who will perform the necessary maintenance and will ensure that these temporary services will not create a nuisance. 8. The temporary service locations are situated such that there is easy access for maintenance. Essential services will not be hindered by the existence of these temporary services. 9. The temporary services will not create any additional requirements or costs for the City or the community. The School District will perform all needed maintenance in a timely manner, as described above. 10. The temporary services will not create excess traffic, noise, smoke, fumes, glare or odors in any way. There is a mandatory protocol for maintenance, and as stated above, the temporary services will be removed, and the well will be sealed upon connection to City services. 11. N/A (traffic congestion) 12. The location of the temporary services will not do any damage to natural or scenic features of the property. The septic tank was strategically placed on the south side of the building for easy removal upon connection to City services. The School District is committed to performing its transportation operations pursuant to all of the City's approvals, however, in the short term, this interim solution is necessary in order to provide continuous bus service to the students in the Stillwater Area School District. We hope that this request is viewed favorably by the Planning Commission and the City Council and look forward to addressing any of their questions or concerns. i i I Very truly yours, 1:st n Hoheisel Executive Director of Finance & Operations i Enclosures CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2020-004 A RESOL UTION DENYING A REQUEST BY THE STILL WATER SCHOOL DISTRICT TO AMEND ITS CONDITIONAL USE PERMIT(RESOLUTION 2018-77) TO OPERATE A SCHOOL DISTRICT TRANSPORTATION CENTER FOR THE PR OPER TY ADDRESSED AS 11530 HUDSONB0ULEVARD NORTH WHEREAS,the City of Lake Elmo (the"City")is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Stillwater Area School District, 1875 Greeley Street South, Stillwater, MN 55082 (the "Applicant") has submitted an application to the City for an amendment to the Applicant's existing conditional use permit for the Applicant to operate a transportation center(bus terminal)(the"CUP")located on the property at 11530 Hudson Blvd N(PID#36.029.21.43.0004) (the"Property"); and WHEREAS,by Resolution 2018-077, on July 17, 2018,the City Council approved the Applicant's CUP to operate the transportation center on the Property; and WHEREAS, one of the conditions in the CUP is that the Property must be connected to City sanitary sewer and water prior to the operation of the bus terminal; and WHEREAS, the Property is a part of the Four Corners Pt Addition plat that was approved by the City Council in 2018 and a condition of the plat approval was that the developer was to construct sanitary sewer and water facilities in order to bring sanitary sewer and water service to the Property(the"Improvements'); and WHEREAS,the developer of Four Corners 1st Addition was to complete the Improvements no later than October 31, 2019,but as of this date, construction has not commenced and the City has not received any written assurance from the developer that the Improvements will be constructed any time in the near future; and WHEREAS, because the Improvements have not been installed and the Applicant has not been able to connect the Property to sanitary sewer and water, the Applicant requested an amendment to its CUP to amend Condition #9 of the CUP in order to allow the Applicant to operate the bus terminal on the Property using the well and septic system (septic tank and temporary toilets) either until the Applicant connects to City sewer and water or until December 31,2020,whichever comes first; and WHEREAS,notice of the Applicant's proposed amendment to its CUP 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 December 9, 2019; and EXHIBIT 11 1 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: "[t]he School District may operate its bus terminal at the property 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." 1 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 1'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 sprinldered 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 NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Lake Elmo City Council hereby denies the request by Applicant for an amendment to the CUP. Passed and duly adopted this 21" day of January 2020 by the City Council of the City of Lake Elmo, Minnesota. ike earson, Mayor ATT T: Julie o son, C' y erk j 3 TIMOTHY J.KUNTZ LEVANDER, DANIEL J.BEESON GILLEN & JAY P.KARLOVICH ANGELAM.LUTZAMANN MILLER, P.A. KORINEL.LAND DONALD L.HOEFT BRIDGET McCAULEY NASON ATTORNEYS AT LAW PETER G.MIKHAIL Established in 1929 TONAT.DOVE AARON S.PRICE DAVID L.SIENKO CASSANDRA C.WOLFGRAM DEBRA M.NEWEL January 30, 2020 CASSANDRA J.BAUTISTA MATTHEW K.BROKL Mayor Mike Pearson Council Member Lisa McGinn mpearson cr,lakeelmo.org lmcginn(c-),lakeelmo.org Council Member Justin Bloyer City Administrator Kristina Handt jbloyer a,lakeelmo.org khandt(@ akeelmo.org Council Member Christine Nelson City Attorney Sarah J. Sonsalla cnelson cr,lakeelmo.org ssonsalla(a,kennedy-graven.com Council Member Dale Dorschner ddorschner@,,lakeelmo.org RE: Stillwater Area Public Schools—Bus Terminal 11530 Hudson Boulevard North Dear Mayor, Council, City Administrator and City Attorney: My firm represents the Stillwater Area Public Schools, ISD No. 834 ("School District") with regard to the above-referenced property. At its regular meeting on January 21, 2020, the Council voted to deny the School District's application for an amendment to the CUP for its bus terminal. It is my understanding that Council has also directed staff to begin the process of revoking the School District's existing CUP for the bus terminal. I am writing to respectfully request that Council reconsider its decision. Any Council member who voted for the denial may move for reconsideration at the next meeting. Please note that, if the Council is not prepared to grant the amended CUP, a vote to reconsider does not necessarily mean approval of the amendment. Rather, once a motion to reconsider passes, Council may then continue the matter while a satisfactory solution is pursued. With a little time, I am confident that the City and the School District will be able to work out a solution that best serves their citizens, students and families. EXHIBIT H d 12 633 SOUTH CONCORD STREET • SUITE q00 • SOUTH SAINT PAUL, MINNESOTA 55075 - 651-451-1831 • FAx 651-450-7384 OFFICE ALSO LOCATED IN WISCONSIN ° WWW.LEVANDER.COM Page 2 January 30, 2020 In this letter, I will highlight the importance of this bus terminal for students and families and then respond to the reasons given for denying the CUP amendment. The School District respectfully requests that the City reconsider and either grant the application or continue the matter. 1. The Bus Terminal Is Mission Critical for Students and their Families. I am sure you understand that the bus terminal is not a discretionary item for the School District— it is mission critical. The School District has a duty to provide transportation for students and has spent millions of dollars to acquire and improve the bus terminal site. Further, the School District has deposited$206,250 with the City as security for the required water main and landscaping work on site. And the City has already collected SAC and WAC fees in the amount of$73,395. If the School District were forced to relocate, public resources would be wasted and the School District would be forced to spend new money to lease or buy another site. Moreover, transportation expenses represent a significant slice of the School District's operating budget. The School District engaged its real estate broker to scour the area for sites when the old terminal had to be vacated last fall and again within the last week. The closest alternative site our broker has been able to identify is roughly 12 miles away from the School District. The School District would be forced to bring approximately 100 buses to and from the terminal twice a day. That amounts to paying for roughly 4800 miles of empty bus travel each day (two 24-mile roundtrips per day x 100 buses) before any students are transported. These costs far exceed our current contract with our transportation provider. Therefore, the School District estimates that it would be required to pay at least$1 million more annually,an amount roughly equivalent to paying for at least 8-10 teachers. And that does not account for the obvious environmental concerns. Recognizing that the budget concern does not arise in a vacuum, I must appeal to your objectivity. Many citizens have had healthy disagreements with decisions the School District has made in the recent past. You may have your own considered views about what the School District can do or should have done to manage its budget. But please understand that there is a hard bottom line here. Whether you are proud or skeptical of the School District's management, it is inevitably the students and their families that would feel the weight of a new, recurring $1 million dollar transportation expense in the operating budget. Please allow the School District to continue the cost-effective use of this bus terminal. 2. It is in The Public Interest to Continue Rather Than Deny the CUP Amendment. The grounds for denying the CUP amendment listed in the staff recommendation and resolution all arise from the fact the EN Properties, LLC ("ENP"), has breached its contractual duties to both the City and the School District to extend sewer and water lines. We have learned that the City views the denial of the School District's amended CUP as a means of exerting leverage on ENP. Further, the City has declined to exercise its rights under the ENP Development Agreement to draw on the letter of credit and finish the project. We are advised that the City "has never done that before"; it has stepped in to finish a project, but has never used that default remedy on the Page 3 January 30, 2020 front end of a project. It was explained that in Lake Elmo, development pays for development; if the developer does not perform, the City does not undertake the project. Focusing on our shared goal of serving the public, I will address each of these reported reasons for denial. A. Exerting leverage on ENP. With respect to the goal of exerting pressure on ENP, the denial of the School District's CUP amendment has already served its purpose. Before the surprising events of January 21, the School District understood that the problem had been solved: an agreement had been reached on January 7 that was satisfactory to all parties. Since ENP declined to execute the agreement, the School District has moved into litigation mode. I briefed the School Board on its litigation options on January 23 and have advised counsel for ENP that litigation is imminent. I will meet with the School Board again on February 6 and anticipate filing suit promptly thereafter. The School District has fully performed all the measures within its control to make the terminal ready for use. The School District has satisfied all other conditions of the CUP and has honored its own Site Plan Agreement with the City, including construction of the on-site water main and fire hydrants. All that remains is the connection to City sewer and water. ENP was obligated to furnish sewer and water to the School District's property no later than July 15,2019. That deadline gave the School District comfort in knowing it had several months leeway to complete the installation and move onto the site under the terms of the original CUP. Because the owner of the old bus terminal sold that property, the School District had no place to go. The School District initially moved into the new terminal based on the understanding (shared by City staff) that an IUP allowed the School District to occupy the terminal at that time. The School District has spent and continues to spend substantial public money on temporary measures to provide well and septic on site. The longer ENP's work is delayed,the more damages the School District incurs. Hopefully, faced with this litigation, ENP will appreciate that its own,urgent self-interest requires it to make satisfactory arrangements with the City to promptly complete the project. B. Fire suppression system. The City also identified a concern that the fire sprinkler system the School District has just installed will not be operational until it is connected to the City's water main. Please note that the new sprinkler system will be an upgrade from the status quo—it is not necessary to maintain the existing condition of this property. Because the School District is maintaining the existing, longstanding use of the facility, I am advised that the Fire Code does not require the installation of a sprinkler system. It is important to note that no one sleeps at the facility, no one works overnight hours, the building envelope is metal, and the School District installed upgraded fire alarms, and smoke and heat detectors, both centrally monitored, throughout the facility. Page 4 January 30, 2020 The bus terminal is not new construction and has not been expanded. Historically, Laidlaw operated this site as the School District's bus terminal from 2002 to 2008. It was then used by a trucking company for the same purposes—repair, maintenance, and parking, including some bus parking—until the School District acquired the property. While the School District has spent significant dollars to upgrade the fire suppression system (counting on ENP to deliver the public water service), the building is in fact as safe as it has always been for this very use. Indeed, it is safer. C. Development pays for development. Under the 2040 Comprehensive Plan, the City has designated this area for the immediate installation of public infrastructure for anticipated development. To that end, the City has contracted with ENP to install the necessary public infrastructure and has powerful contractual remedies to ensure that the public services are delivered for its citizens. Under the City Code generally, property owners have up to two years to connect once public sewer and water become available. To be clear, again, the School District stands poised and ready to connect as soon as the public services become available. The City holds a letter of credit from ENP in the amount of$1.14 million. In essence, the City is holding over a million dollars of ENP's money. Respectfully,the fact that the City is holding over a million dollars of ENP's money should provide far more effective leverage to ensure that ENP finishes the project than could any lawsuit from the School District. The City neuters its own leverage—for this and all future projects—when it announces that it will not excise its default remedies. In this context, the School District is a citizen of the City. On behalf of citizens who depend upon public infrastructure now and in the future, I urge the City to reject any de facto policy of allowing developers to walk away and leave the job unfinished. Reportedly the City has in the past exercised its remedies in order to finish a project. And this is a project that must be finished. When a city contracts with a private developer to install public infrastructure for the benefit of its citizens,the question whether to complete or abandon the project must turn on whether any citizens are already relying on that project. When citizens invest real time and money in expectation of contracted-for public services, the project must be finished regardless of whether the defaulting developer completed none, some, or most of those public project elements. Depending on contracted-for public infrastructure, the School District spent roughly $5 million to acquire the bus terminal and another $2 million on the site. The School District cannot afford to go to another location, even temporarily. If the City were to allow ENP to abandon this project, the School District would be forced to prepare to make the site self-sufficient at great public expense. The City and ENP have the power to complete this project, the School District does not. Therefore, we respectfully request that the City allow the School District to remain in place while the City uses the considerable means at its disposal to ensure that the public services are completed. Page 5 January 30, 2020 3. Conclusion. In sum, the City and the School District are both working to serve the public interest by their best lights. To facilitate that objective, please reconsider the City's denial of the CUP amendment and allow the bus terminal to operate pending the installation of public infrastructure. If you are not prepared to approve the amendment yet, you may reconsider and then continue the matter so that we have time to make maximum use of the leverage the City and the School District can bring to bear to make ENP complete the project. Thank you for your consideration. Respectfully, Peter G. 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' ^ 't•d'Y-~].► �-.'. � - ..r` , sf���t��� r-;� � ��'��j jr-��aii�Z~t,^�-•- .' � w 1�� • o.� -',�•�.r.. �;fit � � [��• � '� -'� I_-': -,'ems.. •� >� :x'+:� ;,.` ��• 1'h�+,� r's�1 r, % v�l ij�� v,��►�/"fir), FOCUSENGINEERING, inc. MEMORANDUM Cara Geheren, P.E. 651.300.4261 Jack Griffin,P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Date: March 19, 2020 Chad Isakson, P.E. 651.300.4285 To: Ken Roberts, Planning Director Re: 11530 Hudson Boulevard Cc: Chad Isakson, PE,Assistant City Engineer Stillwater School Bus Facility From: Jack Griffin, PE, City Engineer Amended CUP Site Improvements Review An engineering review has been completed for the Stillwater School Bus Facility Amended CUP Application located at 11530 Hudson Boulevard. The application was received by engineering on March 17, 2020 consisting of the following documentation: • Letter Narrative for Amended CUP dated March 12, 2020. EXHIBIT • Site Location Map. • Utility Plan and Enlarged Utility Plan dated March 12, 2020. 14 Engineering has the following review comments: STREETS AND TRANSPORTATION 1. Hudson Boulevard Right-of-Way/Easement Dedication. The site was recently redeveloped and no additional right-of-way dedication was required. A 10-foot utility corridor easement was dedicated for small utilities along the entire Hudson Boulevard frontage. 2. Site Access. The site plans constructed a paved entrance at the existing commercial driveway consisting of dedicated right and left turn lanes leaving the site. 3. Hudson Boulevard Improvements. As part of the CUP, the applicant was required to improve Hudson Boulevard to an urban section on the north side meeting the Hudson Boulevard design standards. These improvements were to include a west bound right turn lane to the site, a 4-foot shoulder (curb reaction), a 9-foot boulevard, and 10-foot shared use bituminous trail with 2-foot clear zone. The attached typical section and preliminary layout was included with the CUP approval. The amended CUP approval should address the improvements to Hudson Boulevard per the Hudson Boulevard design standards. 4. Traffic Impact Study. The approved CUP required a traffic impact study to determine the impacts of the facility use on the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements. It was recommended that a financial contribution to a CSAH15-Hudson Boulevard traffic signal/realignment be considered. The traffic impact analysis that was completed for the facility did not evaluate the CSAH15-Hudson Boulevard intersection impacts citing that the intersection improvements, including Washington County turn lane requirements along Manning Avenue, will be constructed by the Four Corners 2nd Addition improvements. The amended CUP approval should be contingent upon the city completing this traffic impact study at the applicant's cost, and the any recommended improvements be made a requirement of the CUP approval. MUNICIPAL SANITARY SEWER 1. The proposed site is guided in the city's 2040 Comprehensive Plan for public sanitary sewer that would discharge to the MCES Cottage Grove Ravine Interceptor. Therefore, provisions for connecting to the municipal sanitary sewer service should be included with the application. Instead, the application makes a PAGE 1 of 3 request for continued use of existing and proposed on-site septic systems and drainfields until sanitary sewer is made available to the site. 2. Consistent with current city policy it is recommended that the applicant be required to connect to the city sanitary sewer system and to extend sanitary sewer to the property at applicant's sole cost and stubbed to the easterly side for future extension by others. Sanitary sewer is available along Hudson Boulevard near the MCES Meter Station. 3. The application should include a description of the sanitary sewer capacity demands including the number of residential equivalent units (REC) based on the Met Council SAC determination policy. Demands must account for all planned uses and connections to the sewer system including bus wash wastewater. This information is required for staff evaluation of the sewer system improvements needed to support the facility use. 4. If the applicant is allowed to defer the extension of sanitary sewer until some future date, the applicant should be required to sign an agreement with the following provisions: ➢ The applicant agrees to connect to the municipal sanitary sewer when it becomes available to the property at applicant's sole cost, including abandonment of existing septic tanks and drain fields. ➢ The applicant agrees to waive its right to appeal any assessments and the assessment processes related to the extension and costs of sanitary sewer to the property. ➢ The applicant agrees to grant permanent and temporary easements, as determined by the city engineer, across the bus facility property, to accommodate the future extension of municipal sanitary sewer such that Hudson Boulevard improvements are not disturbed as part of the future extension, or the applicant agrees to waive its right to appeal any assessments and the assessment processes related to Hudson Boulevard Improvements that are constructed as part of the extension of municipal sanitary sewer. MUNICIPAL WATER SUPPLY 1. The proposed facility resides within the Planned MUSA, therefore provisions for connecting to the municipal water supply should be included with the application. Instead, the application makes a request for continued use of a private on-site well. 2. Consistent with current city policy it is recommended that the applicant be required to connect to the municipal water supply system and to extend city water to the property at applicant's sole cost and stubbed to the easterly side for future extension by others. Municipal water is available to be extended to the property from the Hunter's Crossing development but will require easements across adjacent properties. 3. The application should include a description of the water capacity demands including average day use, peak day use, and fire suppression demands. Demands must account for all planned uses including potable drinking water and bus washing operations.This information is required for staff evaluation of the water supply system improvements needed to support the facility use. 4. If the applicant is allowed to defer the connection to the municipal water supply until some future date, the applicant should be required to sign an agreement with the following provisions: ➢ The applicant agrees to connect to the municipal water system when it becomes available to the property at the applicant's sole cost. ➢ The applicant agrees to waive its right to appeal any assessments and the assessment processes related to the extension and costs of municipal water to the property. ➢ The applicant agrees to grant permanent and temporary easements, as determined by the city engineer, across the bus facility property, to accommodate the future extension of municipal water such that Hudson Boulevard improvements are not disturbed as part of the future extension, or the applicant agrees to waive its right to appeal any assessments and the assessment processes related to Hudson Boulevard Improvements that are constructed as part of the extension of municipal water. PAGE 2 of 3 STORMWATER MANAGEMENT 1. The approved CUP required the construction of storm water management facilities meeting city and VBWD rules to address new and reconstructed impervious surfaces for the internal parking areas and site improvements. A VBWD permit was issued for the improvements dated June 20, 2018. The city approved the Stillwater Bus Facility Construction Plans dated 05.03.2019 for construction. These facilities remain under construction pending verification by city staff. 2. The storm water improvements under construction address only the internal site improvements. The requirement to urbanize Hudson Boulevard consistent with the Hudson Boulevard Design Standards will require storm sewer and storm water facilities meeting city and VBWD rules. PAGE 3 of 3 From: DeeDee Armstrong To: Kristina Handt Subject: Fwd: Septic Questions Date: Thursday, February 20,2020 9:36:07 AM Caution: This email originated outside our organization; please use caution. Ms Handt, I felt that the City of Lake Elmo should be aware of what I just sent to the School Board of 834. I don't know if you're the right person to alert, but I hope you'll pass it along to the correct people. Thank you. DeeDee Armstrong ---------- Forwarded message --------- From: DeeDee Armstrong<deedeeafton(agmail.com> Date: Thu, Feb 20, 2020 at 9:25 AM Subject: Fwd: Septic Questions To: Denise Pontrelli<nontrellidnstillwaterschools.or >, Jennifer Pelletier <pelletierj&stillwaterschools.org>, Mike Ptacek<ptacekmnstillwaterschools.org>, Shelley Pearson<pearsons&stillwaterschools.org>, burnsm&stillwaterschools.org <burnsmnstillwaterschools.org>, riehletna_.stillwaterschools.org <riehletnstillwaterschools.org>, stivlands cniostillwaterschools.org <stivlands(c�r�,stillwaterschools.org>, weisbergl(i�stillwaterschools.org <weisbergl&stillwaterschools.org> CC: Cathy Moen<moenc e stillwaterschools.org> School Board and Superintendent, There were some comments/posts on social media that raised by curiosity. Given the hiring of Peter M as counsel about the bus terminal, open forum discussions, and Lake Elmo council agenda about the CUP, I felt curious to learn more. Here's what I found- on page two of the request for CUP dated 11/19/19, the Director of Finance and Operations states "the district has installed a temporary septic tank ...and the temporary septic service has been approved by Washington County..." I emailed and called several people at the County. I discovered that the only division within the County that approves septics is the Department of Public Health and Environment. The supervisor of the Environmental Programs oversees all septic approvals. Here's the written response by that Department about the Septic. Bottom line-the County did NOT approve the temporary septic system as was described by the Director of Operations and Finance to the City of Lake Elmo. This, at face value, appears to be a costly issue. How can the District possibly present to a city entity something that is not truthful? How can the board pursue legal action against a city entity when the district didn't present the truth in the first place to the city? EXHIBIT w 15 I am assuming that none of you knew of this prior to reading this. But now you have the information. To maintain any sense of integrity, there should be swift and immediate action. This isn't a"rounding error", this isn't a misunderstanding. This is straight up deceit. This is not a misstatement. This was sent in an official letter to a city entity. Superintendent Pontrelli, you're the immediate supervisor. This type of action is unacceptable. If this were a business, the person who did this would be dismissed before the hour was out. I understand this is a personnel issue,but lying on an application to a government entity is a big deal. Do the right thing. Take action. Alert the City of Lake Elmo. Make a public apology. Start moving towards integrity. And remove the person who tried to deceive a city government. DeeDee Independent School District No.834 Pagc 2 November 5,2019 Obviously, the default by the developer to timely perform under its development agreement with the City has caused significant and direr consequences to the School District. At the end of October, the School District was forced out of its former site due to the sale of that former site, and out of necessity, has moved its operation.-to the property. It is important to point out a few significant facts: I. The School District will complete all of the on-site improvements by December 1,2019,as required in its Site Improvement Agreement with the City. The School District has expended more than S2 million for these improvrnicnts. 2. Prior to construction,the City informed the School District that it could request an extension of the IUP to operate at the property using a well and septic system for a temporary period of time. Based on that direction,the School District installed a temporary septic tank,supplemented by temporary toilets. I he existing well has been approved by the Minnesota Department of Ilealth and the temporary septic services have been approved by Washington County,pending acceptance by the City and a timeline for when City wall become available. The City and School District now know that the IUI' was terminated upon the event of the rezoning.thereby making the extension of the 1UP impossible. 'Ilse School District is,therefore,requesting an amendment to its existing Conditional Use Permit. specifically asking that condition No.9 of the CUD'be amended as follows: The School District may operate its bus terminal at the property using the well and septic system(.septic tank arid temporary toilets) either until the School District connects to City sewer and water or until December 31, 2020, whichever occurs first. the School District agrees to connect to City sewer and water within 30 days after it becomes avni(able. The City already approved the transportation center use in 2018 and determined in its findings that the School District met the City's 12-factor test for the conditional use permit. 'this requested amendment provides a minor modification to one of the conditions in the alrady approved use us u transportation center. While proving that the School District's request meats the 12-factor test again is not required for an amendment to this condition in the approved CUP,City Stall'requested that we address the 12-factor test specifically as it relates to the requested condition.To that end,we address the 12 factors as follows: I. The temporary services will not be detrimental to or endanger the public health, safety or general welfare. The existing well has been tested and approval by MDI I. The septic tank and temporary toilets are a short-term solution and have been accepted by Washington County, pending City approval and a timeline for connection to City sewer. Well and septic systems have long twen used in this area and the School District's short-term solution will not endanger the public. 2. The temporary services conform to the Comp. Plan. The requirement that the property be connected to City sewer and water as sam as they become available is included in the proposed amended language and conforms to the Comprehensive flan. 3. The temporary services are compatible with the existing neighborhood. The neighboring properties suffer the same predicament as the School District's property and they also await the availability of City services;therefore,the School District's situation is compatible with the existing ncightwrhaxid. ---------- Forwarded message --------- From: Gary Bruns<Gary.Bruns&co.washington.mn.us> Date: Thu, Feb 20, 2020 at 8:04 AM Subject: RE: Septic Questions To: deedeeafton&gmail.com<deedeeafton(c gmail.com>, PHE <PHEgco.washington.mn.us>, Rick Hodsdon<Rick.Hodsdonnco.washington.mn.us> Ms. Armstrong: Washington County has no records of approving a temporary septic system at 11530 Hudson Blvd., Lake Elmo. -Gary Gary Bruns I Environmental Program Supervisor Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 1 Stillwater MN 55082 From: Gary Bruns To: Kristina Handt Subject: RE:Septic Questions Date: Tuesday,March 17,2020 1:11:23 PM Caution: This email originated outside our organization; please use caution. Hi Kristina, The only permit we have issued the district is for the abandonment of one old septic tank on the property. We have been told a design for a septic system will be submitted, but we do not have that at this time. -Gary From: Kristina Handt [mailto:KHandt@lakeelmo.org] Sent:Tuesday, March 17, 2020 11:11 AM To: Gary Bruns <Gary.Bruns@co.washington.mn.us> Subject: FW: Septic Questions Hi Gary, I just wanted to follow up again and see if the school district has received approval for a temporary septic at the bus facility since we last spoke? Thanks, Kristina Kristina Handt City Administrator, City of Lake Elmo khandt(@lakeelmo.org 651.747.3905 EXHIBIT v D 16 ---------- Forwarded message --------- From: Gary Bruns <Gary.Brun &co.washington.mn.us> Date: Thu, Feb 20, 2020 at 8:04 AM Subject: RE: Septic Questions To: deedeeafton&gmail.com<deedeeafton,cni umail.com>, PHE <PHE&co.washington.mn.us>, Rick Hodsdon<Rick.Hodsdon(oco.washington.mn.us> Ms. Armstrong: Washington County has no records of approving a temporary septic system at 11530 Hudson Blvd., Lake Elmo. -Gary Gary Bruns I Environmental Program Supervisor Washington County Department of Public Health & Environment 14949 62nd St N. Room 4600 1 Stillwater MN 55082 From: Kristina Handt To: "iake.deDuydt(castate.mn.us" Cc: Toni Liljedahl;"scott.wheeler(nbstate.mn.us" Subject: RE:Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo,MN Date: Thursday,March 19,2020 3:27:37 PM Attachments: imaae002.Dna imaae004.Dna Executed Amended CUP ADDlication 3-12-20.Ddf MDH Permit Stillwater Bus Facility.Ddf Sanitary Sewer Extension Permit#81267 Lake Elmo.Ddf Jake, The city approved the CUP on July 17, 2018. We have not issued a building permit or approval for them to occupy the building since that time. I found out in November that the school district began occupying the facility in October. Since that time we have been going through a number of planning applications. I've attached the school districts most recent application. If you could tell me what permits we should require of them to continue operating, it would be helpful. On pages 4 and 5 of their application they make reference to sprinklers, fire alarms and heat and smoke detectors. Should they have pulled a permit for those items? We don't have any record here that they did. The only permits from the state related to new construction activity that I am aware they have is the MDH permit for the watermain looped through the site which they did last summer and the MPCA sewer extension permit. I've attached them. Washington County told me a week or so ago that they were alerted by DLI last summer when they were on site for some inspections that the septic had been abandoned. Thanks, Kristina Kristina Handt City Administrator, City of Lake Elmo khandt(@lakeelmo.org 651.747.3905 EXHIBIT b 17 From:Toni Liljedahl <TLiljedahI@la keelmo.org> Sent: Monday, March 9, 2020 1:54 PM To:jake.depuydt@state.mn.us Cc: Kristina Handt<KHandt@la keelmo.org>; Ken Roberts <KRoberts@la keelmo.org> Subject: FW: Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo, MN Jake, The information that I am able to give you is what I have in the permitting system. The last permit for that address was 8/7/2015 for a sign. I am forwarding this to our city Administrator-Kristina Handt and the Planning Director-Ken Roberts. Thank you, Toni Liljedahl Building Inspector City of Lake Elmo 651-747-3917 tliljedahlPlakeelmo.org T1I1i CITY OF LAKE ELMO From: Depuydt,Jake (DLI) <iake.depuydt(@ state.mn.us> Sent: Monday, March 9, 2020 1:44 PM To:Toni Liljedahl <TLiliedahI6DIakeelmo.org> Subject:Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo, MN Caution:This email originated outside our organization; please use caution. Hello Toni, A KSTP news article indicates that the Stillwater School District has funded a new bus parking and maintenance facility at a 11 acre property in the city limits of Lake Elmo, MN. The upgrade of the parcel of land started in 2018 per the article (https://kstp.com/news/stillwater-school-district-bus- garage-problems/5636569/). A structure funded for a school district, of which the cost is $100,000 or more, is considered a public building.This project would be required to be reviewed, permitted and inspected. The dates specific to this project's construction initiation and progress are required by our department. The building site is believed to be Minnesota Central School Bus, 11530 Hudson Blvd. N., Lake Elmo, MN. Please confirm if this is the correct site address and provide the following dates: Date when bus garage conditional use permit was issued. Date when building permit for the structure was issued. Date when the building was occupied with final inspection approval from the City. Please provide a time line of events if this is not the path this project took with building code enforcement. Regards, Jake JAKE DEPUYDT I CODE SERVICES REPRESENTATIVE Construction Codes and Licensing 1 651-284-5963(office) iake.deouydtl@state.mn.us 1 651-284-5749(fax) Minnesota Department of Labor and Industry 443 Lafayette Road N.,St.Paul,MN 55155-4341 1 Phone:(651)284-5005 1 Web:www.dli.mn.eov MDEPARTMENT OF LAMOR AND INDUSTRY © P Balanced Development, & Growth (BDG) BDG Goal#1. Encourage developers, land owners, and stakeholder to integrate the value of natural resource systems into new developments in all land use categories. Strategies a. Explore ordinance amendments and changes that would require a natural resources inventory as part of a concept plan and preliminary plat process. b. Identify important natural features that should be prioritized for protection. c. Protect natural areas through encouraging the use of the open space development ordinance. d. Explore opportunities to apply tools and techniques contained within the open space development ordinance in the urbanizing areas of the community. BDG Goal#2. Protect existing neighborhoods, open spaces and natural resources from adverse impacts that may result from intensified development in adjacent sewered areas. Strategies a. Sustain important natural features that are already protected, and those that 2-10 should be protected. b. Create an ordinance or policy that requires new development to consider natural resources protection within a plat or concept plan. c. Continue to guide land uses in existing neighborhoods consistent with their current use. BDG Goal#3. Recognize that sewered development is planned for specifically guided areas and that those areas are appropriate for increased density and commercial uses. Strategies a. Create land use designations that clearly define acceptable densities, uses and objectives of the guiding. b. Provide education and communication about anticipated development patterns in the urbanizing areas to residents, landowners, and developers that clearly establish expectations for these areas. c. Endorse the land use plan and apply it consistently. BDG Goal#4. Support and Create a land use and phasing plan that promotes contiguous development, that has flexibility to respond to the market, and results in a balanced land use pattern. Strategies a. Prevent premature development of areas within the urbanizing areas to ensure adequate capacity within the infrastructure is available. EXHIBIT 18 l.,\i< 'Fi:a40 VISION, GOALS &STRATEGIES City of Lake Elmo Comprehensive Plan 2040 Map 3-2. 2018- 2040 MUSA I i_ quill\�C Stttl! � R ------ --- ------- - -- --- ,-- r�_p�llunl• F a i. .W � 0 Ila�1►`iMllil��� • 7• �i•Itt.�lill�• .� �=S!of DeMontreville• KIM AN Mill i= �'��:�� I j `��+=e ■�•Istr ���Illlllr brllICle WN r. 47TA—N •__. Olson ;,� .�ii ® ■m� 41 ��T__Allik_*2 pp Jane 1_ 1 ��� �• 1 1lo i � � - ♦ I�li�►�•.� �! " r•t 1 our =�J ��•'�-�. ����NR11111i1 i��rs�he �i. u�+tip 'tea ��� °��111!'= Idllll/��fll 1► "..7.a...�� ��a �.7 =ate ■I�I��Illlllllf:l `�i. ♦, _I 1 �Iiiesi:llU��1 Arm � I�uouun! r. 'VILLAGE LANNI G AREA (MUSA) 17, 3-11 • I -� ■I a■ a STILL'U✓ATE � •�_;�_/__-II111 � �d7i.. � aL,l� ■ FrLdr woo man L .• I ♦�iq�� �_ 1. _ '� i � ''.r _ on Sri• oo \��11Li.1 WIN a �r.,� V — s���11�1�� •�I = >I Ems: ILL ♦ '? ��' �4'� t: .■..�N� 3Down Iltmabl _ l ► ► \ i ,'� !� �so. Eagl Elmo 71V �I 1 3 _ Point cyfGa' ���{ ` `p w ' A_ Imo• Ho r shoe IF �r :.N �!t ► �, Roses, MEN SOUTH PLANNING AREA (MUSA) LAND USE City of Lake Elmo Comprehensive Plan 2040 1-AKL[?L�IO Future Land Use Definitions Agricultural Preserve (AP) This land use designation identifies land enrolled in the Agricultural Preserves program. Land in this designation is required to be guided for no more than 1 dwelling unit per 40 acres, and is protected from further subdivision during the contract period. Rural Area Development (RAD) A large percentage of land in Lake Elmo falls within the Rural Area Development designation, including single-family detached homes, working farms and agricultural uses where land is undeveloped, cultivated in crops, or used for livestock. This designation includes open space developments that are developed, or may be developed, with clustered housing and may be served by a community septic system. Open space developments generally average more than 1 residential unit per 10 acres and include a dedicated open space protected through a conservation easement. This designation is inclusive of large-lot rural single-family detached residential uses and future conventional subdivision. Density across this land use designation is planned to maintain maximum densities of 1 residential dwelling unit per 10 acres. This land use designation is limited to areas not 3-12 within the MUSA planning areas. Rural Single Family (RSF) This land use designation combines the previous Residential Estate and Rural Single-Family categories into one designation to simplify intended land use guidance. Development with this designation includes single-family detached housing served by private on-site well and septic systems. Some areas with this designation are allowed to have two-family dwellings based on zoning. (0.1-2.0 du/acre) Rural Single Family Sewered (RSFS) This land use designation identifies existing previously unsewered rural single- family land uses located within the Village Planning Area. These properties have either recently been served with municipal sewer and water, or are planned to be served as part of the planned MUSA extensions within the Village Planning Area. Some areas with this designation are allowed to have two-family dwellings based on zoning. Land within this designation have been developed at densities ranging from 0.1-2.0 dwelling units per acre (0.1-2.0 du/acre). Golf Course Community (GC) In recognition that a Golf Course on the land formerly known as Tartan Park is a local and regional amenity the City wishes to maintain, this specialized land use category has been crafted to maximize the likelihood that a golf course can be maintained on the property should a development proposal for the land come forward. (1.5-2.49 du/acre). LAKLLL.�fO LAND USE City of Lake Elmo Comprehensive Plan 2040 PLANNED GROWTH AREAS Continue Growth within Lake Elmo is expected to primarily occur educate in areas designated within the MUSA, consistent with the developers, Metropolitan Council's 2015 System Statement Projections. and stakeholders about The City geographically describes their primary growth guided land uses and where areas the South Planning Area and the Village Planning Area. Within both of these MUSA boundaries, there is adequate land to serve the projected population, households developmentguided. and employment through 2040. As shown on Map 3-4 and Chapter 1:Vision, Goals&Strategies Map 3-5, the areas planned for growth and change in this planning period are identified. Corresponding Table 3-3. Net Developable Acreage of Residential Land Uses provides the calculated density, and expected households, based on the FLU in each of these areas. In addition to the anticipated growth in the areas served within the MUSA, the City also anticipates some growth within the Rural Residential areas consistent with previous plans, and as projected within the 2015 System Statement. Further description regarding the development of 3-18 the FLU and the growth strategy are provided within Chapter 4: Balanced Development & Growth. Map 3-4. Future Land Use— South Planning Area Planned Growth Eagl � s � Point Elmo I� -4 - �� II J , 7 �: i■/�t�t - JR�J� � -- Rose ■ • 00 A • a • •• .r �';S • -ri• ••••••• ••• i•••••• Kra •� ' OF 2040 Future Land Use O LDR -V-MDR_Closed Landfill •Areas Planned for Growth ®AP -MDR -V-HDR_Institutional Planned lanned Roadway(Parkway) Draft Date:Rev.6.11.2018 O RSF -MU-BP-LB -PSP Source:Washington County, MNGEO,City of Lake Elmo,SHC ®RSFS -MU-C -BP O ROW ®GC V-LDR-C 'MUSA 2040(Revised) TMl rft'i0 LAND USE Lnhc ELNIo City of Lake Elmo Comprehensive Plan 2040 Phasing & Staged Growth The majority of the City's growth in households and employment is anticipated to occur within the designated MUSA boundaries; however, there will be some continued development in the rural residential areas of the community consistent with the community's land use designations. Table 3-6 identifies gross acreages per land use designation, while calculations found in Table 3-3 provide net acreage calculations for each residential land use designation within the designated MUSA as noted. The City's objective is to plan for phased, contiguous growth to ensure adequate infrastructure and capacity are available to support development. Map 3-7 identifies four staging areas consistent with existing and planned water, wastewater and transportation infrastructure. The City acknowledges that market conditions, as well as other Map 3-7. MUSA Growth & Phasing Plan D+ o+treville 50TH ST N- ` 3-24 0 ,. A,7H STII LAKE JANE TRL N ` 1 34TH STN ; STILLWATER BLVD N. � = H/ 30 J =It► MIA 11�IIIV :IiA,. t �.,,,..,.Jl• I E 1 1 1 1 �.• .. 1 1.1 - J• rf TMI ,i�i° LAND USE Lnhc ELMo City of Lake Elmo Comprehensive Plan 2040 ADDITIONAL OBJECTIVES OF FUTURE LAND USES The City's Future Land Use Plan acknowledges and plans for continued household and employment growth through 2040, but also includes preservation and continued support of its rural residential landscape and robust parks and open space system.The City of Lake Elmo has always been identified as an exceptional place to live because of its robust parks system, protected high-quality natural resources, and proximity to major employment, healthcare and retail centers. Even though the community is growing, and in some cases transitioning from a primarily rural residential community, there is a desire and an opportunity to weave the most important elements and characteristics into changing areas of the community to ensure that the identity and character of the community continues for generations to come. Equally important to the planned land uses, densities and projections is the commitment to maintain open spaces, natural resources and parks and to promote opportunities to provide healthy,vibrant, resilient neighborhoods. The following sections should be used as an extension to the Future Land Use Plan and should be incorporated or acknowledged in growth areas and in areas planned for protection 3-26 of existing uses. There is always an opportunity to do better, and the following themes help support the future direction of the City's land uses and decision-making. Promoting Health with Land Usej As part of the 2040 Comprehensive Plan Update ship process, the City obtained a grant from Washington stabewidehealth County Department of Public Health and Environment ImprovementpartnersFiip through the Statewide Health Improvement Partnership (SHIP). There are many ways that the principles of healthy neighborhoods, communities and environments can be incorporated into existing and future land uses. LlvingHealthy The following summary identifies some of the ways in which health was considered, and incorporated, into the Future Land Use Plan. "T"" LAND USE ��o Lnhc EL City of Lake Elmo Comprehensive Plan 2040 Mixed-Use Land Use Designations to Promote Health The introduction of land uses that will promote a more compact, walkable, development pattern was purposefully integrated throughout the growth areas as identified in previous sections of this Chapter. In addition to creating new land use designations, the City discussed opportunities to better connect existing neighborhoods though bikeways, trails and other pedestrian routes to support active residents. This discussion included how public and private trail connections may be used to achieve these objectives, and the City acknowledges the need to better communicate and sign public trails and routes so users are comfortable and informed using the system. In addition to neighborhood pattern, the new mixed-use designations will permit the incorporation of uses such as restaurants, markets, farmers markets, and other events that can be designed to support an active lifestyle for the City's residents, employees and employers. With the growing popularity of farm-to-table dining and experiences that focus on healthy living, Lake Elmo is well-positioned to capitalize on trends that connect its rich rural and agricultural resources with health-conscious consumers seeking fresh high-quality foods and products. As the community grows and new households are added, it will be important for the City to ensure grocery and fresh foods are sold and provided at locations nearby higher concentrations of residents. 3-27 Ensuring "Uses"that Support Health are Permitted and Accessible Closely related to the introduction of more compact development patterns, is the need to provide accessible options to purchase healthy and fresh foods and products. This can be accomplished through ensuring that uses that support that objective are permitted within the City's land use designations and the zoning code. Connection and ease of access are essential components to this objective, so pedestrian, bikeways and other routes to locations with fresh products is important to consider as the City develops and evolves. LAND USE City of Lake Elmo Comprehensive Plan 2040 LAKE ELNto THE [SUB]URBANIZING PATTERNS The areas of Lake Elmo that have experienced the most change in the last decade, are those that were designated to be included within the Metropolitan Urban Service Area (MUSA). As shown in Chapter 3: Land Use, approximately 11% of the City's land area is designated to be included and served by urban services (municipal sewer and water). While approximately 15% of the City's total land area is designated within the 2040 MUSA, there are two distinct areas that will be developed with more intensity and each has a different set of objectives for growth over the next planning period. The City's previous Plan identified these land areas as "urban" and while they are designated to receive urban services, the development patterns within the planned MUSA are guided towards more suburban densities. These areas are not projected to take on characteristics of more urban development patterns found in places like downtown Saint Paul, Stillwater, or other more compactly developed areas. 4-10 The following sections provide a description of the City's planned and desired growth development is planned for specifically patterns and uses over the next planning guided areas and that those areas are period for these areas. As with the rural residential areas, Lake Elmo is committed appropriate to incorporating parks, trails, open spaces commercial uses. and natural resources throughout the City — including the areas planned for municipal ChapterGoals services. Regardless of the presence of BALANCED DEVELOPMENT &GROWTH LAKE ELIMO City of Lake Elmo Comprehensive Plan 2040 South Planning Area The Village Planning Area will have a distinct land use and growth pattern that BDG Goal#5. Explore opportunities is structured around the core districts that have historical roots in the community. to integrate design and site planning The South Planning Area is decisively characteristics of the Old Village District different from the Village Planning Area, because there was no existing framework into new developments in the City. to guide development. The South Planning -Chapter 1:Vision, Strategies&Goals Area was first planned for urban services in 2030 Comprehensive Plan, and though development was delayed in the first half of the 2010s due to the housing bust and recession, the pace of development has accelerated in recent years. The first segment of the housing market to see signs of recovery was the single-family detached residential market, and that has been the dominant land use development pattern developed over the past five years. Approximately a third of the land area within the South Planning Area has been entitled, is under development or has new 4-16 homes since the last planning period and the demand for growth and development in this area is expected to continue into this decade. Given the development trends and demands experienced over the past decade, it is an important time for the City to reflect on what has been approved and to consider how the 2030 Plan for the South Planning Area could be improved moving into this planning period. The Land Use Plan for the 2040 South Planning Area refines the past plans through a more deliberate balance of diverse land uses that will encourage a mix of housing types, development patterns, and business uses. The pure commercial and business land use designations are now consolidated to key intersections at I-94 and Inwood, I-94 and Keats, I-94 and Lake Elmo Avenue, and I-94 and Manning Avenue. By focusing commercial and business uses at key nodes, the City will encourage higher quality commercial, business and service users rather than creating a potential oversupply that may drive prices and quality of development down. The key nodes benefit from high visibility from I-94, and regional accessibility from the Interstate and a well-connected frontage road that runs east-west through this area. Between the key nodes along the I-94 frontage road, the City has guided land to be more flexible to allow for an integrated development pattern that will include residential, business LAKE[LMO.� BALANCED DEVELOPMENT &GROWTH City of Lake Elmo Comprehensive Plan 2040 Proposed Physical Environment and Future Land Use Land use data is an important factor for estimating surface water runoff. The hard or impervious surface areas associated with each land use greatly affect the amount of runoff generated from an area. Future land use projections indicate those areas that may be available for water resource enhancement and where improvements should be a priority. Significant changes or intensification of land use can increase runoff due to added impervious surfaces. The City of Lake Elmo is designated as both an Emerging Suburban Community and a Rural Residential Community meaning that future land use will maintain a mix of rural uses and rural residential densities, as well as suburban-style development. All of the areas potentially available for suburban development are located within the identified MUSA boundaries described as the Village Planning Area and the South Planning Area in this Plan. Forecasts contained within Chapter 3 of this Plan, indicate that approximately 3,346 additional households will be added to the MUSA planning area in addition to the 2,444 households already planned for between 2010 and 2020. In addition the additional households within the MUSA, there will likely be some growth within the Rural Residential areas with conventional 8-12 subdivisions and open space developments. Utilities Portions of Lake Elmo are within the Metropolitan Urban Service Area (MUSA), providing sanitary sewer and water service to included properties. A large portion of the City remains outside these boundaries through 2040 and is generally served by private well and septic systems (individual and community). Due to groundwater contamination in the Lake Elmo area, the municipal water system extends beyond the designated MUSA boundaries. The sanitary sewer system in Lake Elmo is of relatively new construction, most of which has been constructed only since 2013. The sanitary sewer system consists of approximately 23 miles of sewer mains managed by 6 lift stations. The portions of the City's wastewater handled by the public sewer is managed on a metropolitan level and is split between Metro Wastewater Treatment Plant located in Saint Paul, Minnesota and the Cottage Grove Metropolitan Wastewater Treatment Plant. Other parts of Lake Elmo utilize Subsurface Sewage Treatment Systems (SSTS) for wastewater management including eight community treatment systems owned and operated by the City. The City storm water conveyance system consists largely of rural ditches and swales and the runoff is typically treated and retained near the point of rainfall through a series or lowlands or storm water basins. In the urbanized areas curb and gutter, along with storm sewers are „��: ,n.u• SURFACE WATER MANAGEMENT LAKE EM Q City of Lake Elmo Comprehensive Plan 2040 CITY SANITARY SEWER SYSTEM AND URBAN SERVICES AREAS Typically, municipal wastewater management systems consist of two elements: sanitary sewer collection and wastewater treatment. Collection systems include sewer services, trunk sewer pipe, lateral sewer pipe, manholes, lift stations, and forcemains which collect the sewer flows from private residential, commercial, and industrial properties within the City. Treatment systems include the biological or chemical treatment to remove targeted contaminants from the wastewater. The Existing and Future Sanitary Sewer Map (Map 9-1) shows the current sanitary sewer infrastructure as well as planned infrastructure to serve the MUSA areas in accordance with the Future Land Use Plan in Chapter 3. The City's sanitary sewer system is defined by four primary sanitary sewer service areas as follows: 1) the Old Village MUSA, 2) the Southeast Planning MUSA (Keats Avenue — Manning Avenue), 3) the Southwest Planning MUSA (Inwood Avenue — Keats Avenue), and 4) Lake Olson MUSA. Old Village MUSA In 2013, the City constructed a lift station-forcemain system to convey wastewater from the 9-2 Village Planning Area. The lift station-forcemain system was designed to serve the planned 1,100 new housing units and approximately 400 existing housing units with additional reserve capacity for future needs. The lift station was located near Reid Park at 30th Street and Lisbon Avenue, at the southern boundary of the Village Planning area. Two gravity trunk mains were extended north from the lift station, an 18-inch trunk main was extended on the Village east side through the new development growth areas, then along 39th Street from CSAH 14 to Lake Elmo Avenue. A 15-inch trunk main was extended west from the lift station along 30th Street, then north along Lake Elmo Avenue to serve existing residential properties. 8-inch lateral mains are being installed through a 7 Phase "Old Village Capital Improvement Plan" to replace aging and failed on-site wastewater systems, including two of the four community 201 wastewater systems. All Village wastewater is pumped through a 16-inch forcemain running approximately 3 miles and discharging to a 24-inch trunk main at Lake Elmo Avenue and 5th Street North. Southeast Planning MUSA(Keats Avenue — Manning Avenue) Sanitary sewer service was also initiated in 2013 to serve portions of the Southeast Planning MUSA beginning at the intersection of Lake Elmo Avenue and 5th Street. A 24-inch trunk main was extended north from the Metropolitan Council Environmental Services (MCES) Cottage Grove Ravine Meter Station in Lake Elmo and 8-inch lateral mains were extended to serve two new residential developments. As identified above, the 24-inch trunk main was designed to receive the Old Village MUSA wastewater and convey it to the MCES Cottage Grove Ravine Meter Station, located along Hudson Boulevard near Lake Elmo Avenue. n aTM.u. WASTEWATER SERVICES LAKE EM O City of Lake Elmo Comprehensive Plan 2040 In 2017, following a Comprehensive Plan Amendment, sanitary sewer was extended to the Tartan Park area, just north of the Southeast Planning MUSA to serve the Royal Golf Club (RGC) residential development. The RGC sanitary sewer system consists of lateral gravity sanitary sewer mains within three separate lift station service areas. The multiple lift stations were needed to convey wastewater through a highly variable topography. The largest of the lift stations is located along loth Street (the southern RGC boundary) and receives all wastewater generated from the development and pumps it to the existing 16-inch forcemain along Lake Elmo Avenue. The construction for two of the lift stations will be completed in 2018 with the third lift station to be phased in with the future build-out of the development. The 2020 Staging Plan includes the extension of a second trunk sewer from the MCES Cottage Grove Ravine Meter Station to serve the portions of the Southeast Planning MUSA from Lake Elmo Avenue to Manning Avenue. In addition to serving new development in this area, service will be extended to the existing Cimarron manufactured home park consisting of approximately 510 units. Cimarron owns and operates a private sewer collection and wastewater treatment system. A new lift station will likely be required to connect to the City sanitary sewer system. This service area also includes the future connection to the existing Oakland Junior High School to replace an existing on-site wastewater treatment facility. These flows are included in the forecasts. 9-3 The 2030 Staging Plan includes the extension of two additional trunk sewer mains west of Lake Elmo Avenue, one from the MCES Cottage Grove Ravine Meter Station along Hudson Boulevard running west across Lake Elmo Avenue to serve new development south of the Forest Addition, and the second extending west from the intersection of Lake Elmo Avenue and 5th Street North to serve the areas north and west of the Forest Addition. Both trunk sewer mains will discharge to a new lift station to be located on the west side of Lake Elmo Avenue and will be pumped across Lake Elmo Avenue to the adjacent gravity trunk mains. Southwest Planning MUSA (Inwood Avenue — Keats Avenue) The Eagle Point Business Park, located in the southeast 1/4 of Section 33, was platted and developed beginning in year 2000. The area was brought into the Metropolitan Urban Service Area (MUSA) and gravity sanitary sewer was constructed to serve the business park. Wastewater is conveyed to the 1-94 lift station located on north side of Hudson Boulevard, about 1/3 mile east of Inwood Avenue (CSAH 13). Through an agreement with the City of Oakdale, the I-94 lift station discharges to a City of Oakdale sanitary sewer main in Hudson Boulevard and enters the WONE interceptor. Under the agreement with the City of Oakdale, Lake Elmo is limited to the amount it can discharge. In 2014, significant residential development was initiated in the remaining Southwest Planning MUSA area, first to the east of the Eagle Point Business Park and later to the north. WASTEWATER SERVICES u, LAKE LT City of Lake Elmo Comprehensive Plan 2040 Map 9-1. Existing and Future Sanitary Sewer System City of Stillwater Pine Springs City Of Grant Township o � i City of -. .. - Oak Park :41—lot Baytown t Oa kdale Township' - r Service Connection City of ')akdale i` Lisbon 5 Lift Station N Service Area ® West Lakelan, Townshi Royal Golf Royal Golf Lift Station-- Lift'Station Service'Area#2 Service Area#1 5th Street Lift Station I-94 Keats Service Area 3 Lift Station Lift Station Royal Golf Service Area Service Area Lift Station Service Area#3 52� Oakdales-'� MCES Connection O WOOdbnY Kramer Lake Cottage Grove City ofCity f y Lift Station U1 Ravine Afton Service Area MCES Connection EXISTING & FUTURE SANITARY SEWER SYSTEM Existing Sewer Main n I-94 Lift Station Existing Force Main South West MUSA South East MUSA o Future Force Main 02 Keats Ave Lift Station Future Trunk Sewer Main (3) Royal Golf South Lift Station • Future Lift Station ® Royal Golf North Lift Station Olson Lake MUSA Old Village MUSA • Existing Lift Station 0 Lisbon Lift Station Capacity Reference Point Map Date:May 2019 0 0.5 1 Miles Created By:Planning Department WASTEWATER SERVICES ^ LAKE ELMO City of Lake Elmo Comprehensive Plan 2040 FORECASTS Population The Metropolitan Council projects and publishes population and sewer usage forecasts for each City in the Metropolitan Area. This allocation is used in projecting future wastewater flows and system capacity to plan for additional infrastructure needs. Table 9-2 shows such forecasts for Lake Elmo. Table 9-2. Population Forecasts for Lake Elmo Forecast Forecast Component Population Households Employmeni MCES Sewered 0 0 623 2010 Unsewered 8,061 2,776 1,318 2020 MCES Sewered 4,518 1,558 2,338 Unsewered 6,502 2,242 562 2030 MCES Sewered 10,687 3,858 2,788 Unsewered 7,318 2,642 562 9_8 2040 MCES Sewered 14,846 5,458 3,238 Unsewered 7,458 2,742 562 Projections, Capacity and Staging for Regional Sewer Service Wastewater flow projections were generated for each MUSA area and regional interceptor for the 2020, 2030 and 2040 planning periods based on the anticipated land uses. Table 9-3 outlines these projections by sewer REC units, average day wastewater flows, and peak day wastewater flows. Table 9-4 summarizes projected flows for each MCES interceptor. Table 9-5 then provides the capacity and design flow information for each major trunk sewer and lift station together with the estimated 2040 design flows. The Existing and Future Sanitary Plan Map (Map 9-1) shows sewer service staging in four phases in accordance with the Future Land Use Plan in Chapter 3. n aTM u. WASTEWATER SERVICES LAKE EM O City of Lake Elmo Comprehensive Plan 2040 Table 9-5. Growth Forecasts by Metropolitan Interceptor Facility REC Units 2020 2030 2040 MCES Cottage Grove Ravine Interceptor 971 2,316 3,492 Old Village MUSA 821 1,879 2,109 Southeast MUSA(Keats-Manning) 150 437 1,383 MCES WONE Interceptor/Oakdale 821 1,821 2,290 Southwest MUSA(Inwood-Keats) 821 1,821 2,290 TOTAL REC Units 1,792 4,137 5,782 Households 2020 2030 2040 MCES Cottage Grove Ravine Interceptor 1,418 3,459 4,138 Old Village MUSA 735 1,787 2,013 Southeast MUSA(Keats-Manning) 683 1,672 2,125 MCES WONE Interceptor/Oakdale 140 399 1,320 Southwest MUSA(Inwood-Keats) 140 399 1,320 TOTAL Households 1,558 3,858 5,458 9-10 Employement* 2020 2030 2040 MCES Cottage Grove Ravine Interceptor 2,238 2,408 2,608 Old Village MUSA 858 920 960 Southeast MUSA(Keats-Manning) 1,380 1,488 1,648 MCES WONE Interceptor/Oakdale 100 630 Southwest MUSA(Inwood-Keats) 100 380 630 TOTAL Employement 2,338 2,788 3,238 *10 Employees- 1 REC unit LAKE[M O WASTEWATER SERVICES City of Lake Elmo Comprehensive Plan 2040 Jared Shepherd From: Kristina Handt Sent: Tuesday, July 16, 2019 2:17 PM To: 'Kristen Hoheisel'; 'Tony Willger' Subject: Four Corners/School Bus Garage Update Kristen and Tony, I see that there is a pre-con scheduled for this Thursday regarding the improvements at the bus garage. My understanding is that also includes the watermain internal to the site. Perhaps we should touch base on Terry's project and the status of water and sewer being extended to the site. Terry has asked for the City Council to review a change to the plans at their August work session.This may result in water and sewer not being extended this year. I wanted to make sure you were aware of this before moving ahead with the millions of dollars in improvements that may not be operational without the extension of water and sewer. I'll be in the office today until 4pm or tomorrow I'm available after 11am if you like to call and discuss. Thanks, Kristina Kristina Handt City Administrator, City of Lake Elmo khandt@lakeelmo.org 651.747.3905 EXHIBIT u 19 i Jared Shepherd From: Kristen Hoheisel <hoheiselk@stillwaterschools.org> Sent: Tuesday, April 16, 2019 12:44 PM To: Kristina Handt Cc: Ken Roberts; Jack Griffin; Gregory A. Buchal Subject: Re: Conditional use permit - bus terminal I will call shortly. Thank you 0 On Tue, Apr 16, 2019 at 12:41 PM Kristina Handt<KHandt(.1akee1mo.org>wrote: Kristen, I appreciate the compliment for Ken. I'm worried though that this is not being interpreted correctly. We are allowing you to work under the IUP (interim Use Permit) as referenced in Condition 2 of the CUP but that expires this year. I honestly don't think Terry is going to have water and sewer to you by the end of the year so then you would not be in compliance of the terms of the CUP and you wouldn't be able to operate it as a school bus garage. I'm free from 1-3pm this afternoon if you'd like to call and discuss this. Thanks, Kristina Kristina Handt City Administrator, City of Lake Elmo khandt@lakeelmo.org 651.747.3905 From: Kristen Hoheisel <hoheiselk@stillwaterschools.org> Sent:Tuesday,April 16, 2019 11:41 AM To: Ken Roberts<KRoberts@la keelmo.org> Cc: Kristina Handt<KHandt@lakeelmo.org>;Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Gregory A. Buchal <gbuchal@larsonengr.com> Subject: Re: Conditional use permit- bus terminal Kristina....give that man a raise. :) Ken, Does the photometric plan include lights throughout our parking lot because that is a requirement? i Kristen 6 On Tue, Apr 16, 2019 at 11:39 AM Ken Roberts <KRobertsklakeelmo.org>wrote: Kristen— 1.That is correct—the parking area shall be paved as stated. 2.Also correct—the property must be connected to City sewer and water. 3.1 have a photometric plan for the site. It meets the City requirements. Ken From: Kristen Hoheisel [mailto:hoheiselk@stillwaterschools.org] Sent:Tuesday, April 16, 2019 11:35 AM To: Ken Roberts<KRoberts@la keelmo.org> Cc: Kristina Handt<KHandt@lakeelmo.org>;Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Gregory A. Buchal <gbuchal@larsonengr.com> Subject: Re: Conditional use permit- bus terminal Thank you Ken! Can you confirm that the following requirements are also needed for CUP (in addition to what is listed above): 1. Parking areas shall be paved with a durable surface including, but not limited to, hot asphalt, bituminous or concrete, spaces shall be marked with painted lines at least four inches wide; required interior and exterior parking lot screening is required; a bumper curb or barrier of normal bumper height shall be provided; and must provide an adequate number of ADA accessible stalls. 2. The property shall be connected to City sewer and water prior to operation of the bus terminal. 3. The applicant shall submit a photometric plan, and all lighting must meet requirements of Sections 150.035-150.038 of this City Code. (Which we could translate to mean we need lighting throughout our parking lot). I appreciate your timely response. Kristen 2 On Tue, Apr 16, 2019 at 11:26 AM Ken Roberts <KRoberts(?lakeelmo.org>wrote: Hi Kristen— I Attached is City Resolution 2018-077 approving the CUP for the School District Transportation Center on Hudson Boulevard. This approval included 13 conditions that need to be met in order for the project to proceed. In our review,there are several conditions that are not yet met or complete.They are: #5.The city has not received the required information about the above ground storage tank. #10.The traffic study the city received was incomplete as it did not include an analysis of the traffic impacts at CSAH 15 and Hudson Boulevard. #11.The project narrative include information about expected SAC charges.The City will need verification of the SAC charges from the Metropolitan Council. #12. As for the fire hydrants,the City is preparing a site work agreement to cover the roles, responsibilities and expectations for the public watermains and hydrants on the site. As part of that agreement,the City needs cost estimates for all the watermain and fire hydrants that will be on the site as well as the costs of the landscaping that will be installed on the property.The City will be requiring an escrow for 125 percent of these estimated costs to ensure they are installed correctly. With the watermains on the site, the City requires the property owner to dedicate to the City utility easements that encompass those new watermains as they become public infrastructure that the City is ultimately responsible for maintaining. There may be other outstanding issues such as a watershed district permit, but these are the items I am aware of at this point. Thanks— Ken Roberts From: Kristen Hoheisel [mailto:hoheiselk@stillwaterschools.org] Sent:Tuesday, April 16, 2019 10:38 AM To: Kristina Handt<KHandt@lakeelmo.org>; Ken Roberts<KRoberts@la keelmo.org> Subject: Conditional use permit- bus terminal Ken and Kristina, My school board is requesting a list of all of the items to meet the City of Lake Elmo's conditional use permit and the timeline the city will allow to meet each of those requirements. Is it possible to send me the list of requirements and timeline to meet those requirements? For example, traffic study (complete), landscaping plan (complete), asphalt (2021)? Kristen 3 0 FOCUSENGINEERING, inc. MEMORANDUM Cara Geheren, P.E. 651.300.4261 Jack Griffin,P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Date: March 19, 2020 Chad Isakson, P.E. 651.300.4285 To: Ken Roberts, Planning Director Re: 11530 Hudson Boulevard Cc: Chad Isakson, PE,Assistant City Engineer Stillwater School Bus Facility From: Jack Griffin, PE, City Engineer Amended CUP Site Improvements Review An engineering review has been completed for the Stillwater School Bus Facility Amended CUP Application located at 11530 Hudson Boulevard. The application was received by engineering on March 17, 2020 consisting of the following documentation: • Letter Narrative for Amended CUP dated March 12, 2020. FEXHIBIT • Site Location Map. • Utility Plan and Enlarged Utility Plan dated March 12, 2020. 20 Engineering has the following review comments: STREETS AND TRANSPORTATION 1. Hudson Boulevard Right-of-Way/Easement Dedication. The site was recently redeveloped and no additional right-of-way dedication was required. A 10-foot utility corridor easement was dedicated for small utilities along the entire Hudson Boulevard frontage. 2. Site Access. The site plans constructed a paved entrance at the existing commercial driveway consisting of dedicated right and left turn lanes leaving the site. 3. Hudson Boulevard Improvements. As part of the CUP, the applicant was required to improve Hudson Boulevard to an urban section on the north side meeting the Hudson Boulevard design standards. These improvements were to include a west bound right turn lane to the site, a 4-foot shoulder (curb reaction), a 9-foot boulevard, and 10-foot shared use bituminous trail with 2-foot clear zone. The attached typical section and preliminary layout was included with the CUP approval. The amended CUP approval should address the improvements to Hudson Boulevard per the Hudson Boulevard design standards. 4. Traffic Impact Study. The approved CUP required a traffic impact study to determine the impacts of the facility use on the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements. It was recommended that a financial contribution to a CSAH15-Hudson Boulevard traffic signal/realignment be considered. The traffic impact analysis that was completed for the facility did not evaluate the CSAH15-Hudson Boulevard intersection impacts citing that the intersection improvements, including Washington County turn lane requirements along Manning Avenue, will be constructed by the Four Corners 2nd Addition improvements. The amended CUP approval should be contingent upon the city completing this traffic impact study at the applicant's cost, and the any recommended improvements be made a requirement of the CUP approval. MUNICIPAL SANITARY SEWER 1. The proposed site is guided in the city's 2040 Comprehensive Plan for public sanitary sewer that would discharge to the MCES Cottage Grove Ravine Interceptor. Therefore, provisions for connecting to the municipal sanitary sewer service should be included with the application. Instead, the application makes a PAGE 1 of 3 request for continued use of existing and proposed on-site septic systems and drainfields until sanitary sewer is made available to the site. 2. Consistent with current city policy it is recommended that the applicant be required to connect to the city sanitary sewer system and to extend sanitary sewer to the property at applicant's sole cost and stubbed to the easterly side for future extension by others. Sanitary sewer is available along Hudson Boulevard near the MCES Meter Station. 3. The application should include a description of the sanitary sewer capacity demands including the number of residential equivalent units (REC) based on the Met Council SAC determination policy. Demands must account for all planned uses and connections to the sewer system including bus wash wastewater. This information is required for staff evaluation of the sewer system improvements needed to support the facility use. 4. If the applicant is allowed to defer the extension of sanitary sewer until some future date, the applicant should be required to sign an agreement with the following provisions: ➢ The applicant agrees to connect to the municipal sanitary sewer when it becomes available to the property at applicant's sole cost, including abandonment of existing septic tanks and drain fields. ➢ The applicant agrees to waive its right to appeal any assessments and the assessment processes related to the extension and costs of sanitary sewer to the property. ➢ The applicant agrees to grant permanent and temporary easements, as determined by the city engineer, across the bus facility property, to accommodate the future extension of municipal sanitary sewer such that Hudson Boulevard improvements are not disturbed as part of the future extension, or the applicant agrees to waive its right to appeal any assessments and the assessment processes related to Hudson Boulevard Improvements that are constructed as part of the extension of municipal sanitary sewer. MUNICIPAL WATER SUPPLY 1. The proposed facility resides within the Planned MUSA, therefore provisions for connecting to the municipal water supply should be included with the application. Instead, the application makes a request for continued use of a private on-site well. 2. Consistent with current city policy it is recommended that the applicant be required to connect to the municipal water supply system and to extend city water to the property at applicant's sole cost and stubbed to the easterly side for future extension by others. Municipal water is available to be extended to the property from the Hunter's Crossing development but will require easements across adjacent properties. 3. The application should include a description of the water capacity demands including average day use, peak day use, and fire suppression demands. Demands must account for all planned uses including potable drinking water and bus washing operations.This information is required for staff evaluation of the water supply system improvements needed to support the facility use. 4. If the applicant is allowed to defer the connection to the municipal water supply until some future date, the applicant should be required to sign an agreement with the following provisions: ➢ The applicant agrees to connect to the municipal water system when it becomes available to the property at the applicant's sole cost. ➢ The applicant agrees to waive its right to appeal any assessments and the assessment processes related to the extension and costs of municipal water to the property. ➢ The applicant agrees to grant permanent and temporary easements, as determined by the city engineer, across the bus facility property, to accommodate the future extension of municipal water such that Hudson Boulevard improvements are not disturbed as part of the future extension, or the applicant agrees to waive its right to appeal any assessments and the assessment processes related to Hudson Boulevard Improvements that are constructed as part of the extension of municipal water. PAGE 2 of 3 STORMWATER MANAGEMENT 1. The approved CUP required the construction of storm water management facilities meeting city and VBWD rules to address new and reconstructed impervious surfaces for the internal parking areas and site improvements. A VBWD permit was issued for the improvements dated June 20, 2018. The city approved the Stillwater Bus Facility Construction Plans dated 05.03.2019 for construction. These facilities remain under construction pending verification by city staff. 2. The storm water improvements under construction address only the internal site improvements. The requirement to urbanize Hudson Boulevard consistent with the Hudson Boulevard Design Standards will require storm sewer and storm water facilities meeting city and VBWD rules. PAGE 3 of 3 Washington Public Health and Environment �County Lowell Johnson, Director David Brummel, Deputy Director April 1, 2020 Ken Roberts, Planning Director City of Lake Elmo 3880 Laverne Ave. N. Lake Elmo, MN 55042 Dear Mr. Roberts: The Washington County Department of Public Health and Environment has reviewed the ISD 834 request for a Conditional Use Permit(CUP) amendment for property located at 11530 Hudson Blvd North, in the City of Lake Elmo, MN and has the following comments. The required documentation for a replacement SSTS at 11530 Hudson Blvd N, City of Lake Elmo has not been provided to our Department for review. Once we have received the required application and information the Department will make an assessment as to the feasibility of the proposed subsurface sewage treatment (SSTS), septic, system. Without a complete SSTS design, application, and permit fee,the Washington County Department of Public Health and Environment (Department) cannot comment on whether the plan and use proposed by the School District of Stillwater(the District) is feasible. We would also like to provide the following corrections and additional information related to what is stated in the CUP amendment request. 1. The District states "The current 3,000 gallon septic tank is sufficient to accommodate those employees." This tank size is not sufficient as it does not meet the requirements of MN Rule Chapter 7080 or Washington County Ordinance#206 requirements. 2. In the CUP request the District states the Department has indicated the septic tank needs to be 58,000 gallons in capacity.The Department has not commented on proposed tank size requirements. 3. Much of the site has been paved and the Utility Plan included does not indicate where the replacement system would be located. 4. Utility Plan does not accurately depict what is currently onsite.The map shows an existing drain- field, however this has been completely removed. In summary,the required information to determine whether an SSTS, septic system, can be placed on the property has not been submitted to the Department. Without this information we cannot comment on the feasibility of a future septic system on this property. We also ask for the opportunity to receive and review the required information prior to acting on any land-use request that would involve or impact the use of a septic system on this property. EXHIBIT HEALTH 0EPA A great place to live, work and play...today and tomorrow d D 21 ? Government Center•14949 62nd Street North•P.O.Box 6•Stillwater,MN 55082-0006 • . : Telephone:651-430-6655•Fax:651-430-6730•TTY:651-430-6246 o` www.co.washington.mn.us 0 �"""AE•awDl"" Washington County is an equal opportunity organization and employer If you have any questions regarding the information above please contact me. Sincerely, -Gory Gary Bruns I Environmental Program Supervisor Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 1 Stillwater MN 55082 2 651-430-6691 8 651-430-6730 ®Gary.Bruns@co.washington.mn.us From: Korine Land To: Jared Shepherd Subject: FW: FW:CUP App follow-up Date: Sunday,March 15,2020 9:20:33 PM Jared— Below are the answers from Tony Willger who is the facilities manager for the School District. As I indicated,these are preliminary concept plans and not for construction. We would still need to design these systems and have them approved. We just wanted to make sure the City understood that we are serious about preparing a self-sufficient system and will design, construct and implement systems that will work. Thanks. Kori Kori Land Attorney LeVander, Gillen & Miller, P.A. kland(@levander.com Direct dial: 651-361-8582 From:Tony Willger<willgert@stillwaterschools.org> Sent: Sunday, March 15, 2020 8:22 AM To: Korine Land <KLand@levander.com> Cc: Kristen Hoheisel <hoheiselk@stillwater.kl2.mn.us>; Peter G. Mikhail <pmikhail@levander.com> Subject: Re: FW: CUP App follow-up Kori, To answer Ken's questions. 1. Kens circle asking "for what?" : This is identifying a tank that would serve to collect water from the floor drains. This tank would not be connected to the septic drain field and disposed of off site. 2. Kens question with the circle about size of fire suppression tank: The size of tank has not been calculated. This would be determined with the engineering design of the on site fire suppression system. An on-site fire suppression system has not been designed. 3. Ken's circle with a "T' : This is the location of the current holding tank. 4. Ken's question about the well location: The well is located In the green space on the south east corner of the building. Let me know if you have any follow up or other questions. Tony EXHIBIT 22 On Fri, Mar 13, 2020 at 3:21 PM Korine Land <KLand(@levander.com>wrote: Tony— We provided the attached plan to the City of Lake Elmo as part of our Amended CUP application (see attached),which was submitted yesterday. Can you please answer the questions from the City Planner or have the engineer provide more detail? I would like to get this information to the City as soon as possible. Thanks! Kori Kori Land Attorney LeVander, Gillen & Miller, P.A. kland(@Ievander.com Direct dial: 651-361-8582 From:Jared Shepherd <jshepherdfhoffbarry.com> Sent: Friday, March 13, 2020 2:01 PM To: Korine Land <KLand(@Ievander.com> Subject: CUP App follow-up Kori, Ken is not going to call you. I am cutting out the middle man for the moment, as his questions are essentially attached. Here is a scanned plan with his notes. I think these are self-explanatory. Can you provide some further information? -Jared Jared D.Shepherd HOFF Partner 1952.746.2714 BARRY HoffBany,P.A ATTORNEYS 100 Prairie Center Drive,Suite 200 Eden Prairie Nknesota 55344 952.941.92201 hoffbany com This message may contain privileged or confidential information and is intended for the addressee only.If you have received this message in error,please contact the sender and delete the original message immediately.Thank you. Anthony V. Willger Manager of Facility and Site Operations Stillwater Area Public Schools 1875 South Greeley St. Stillwater, MN 55082 (651) 351-8374 I � j I I ti / ,y �II I 1Af _ - zz__ -- --- -- ____ ----- ------------� M-1 I i I HOLDING TANrK BUILD!NIG AREA= 15,498 I V "� e FFE=904.50 I I1 1r I + ,-------------;-J • 1 ! I � _ I. I I UNDERGROUND WATER VAULT FOR FIRE SUPRESSION _ I II I i.._..__....._..___I _.... — 1013, E N N - -- - x-- X--. _x s I I II ,c SEPTIC tom, i�r DRA IN FIELD 1 .:. V „gar 70 zo ects\Projects-2017\12176010-Stillwater Bus Facility Evals\C.Design\Drawing Files\12176010-Potential Uitlities.dwg THfiE�P OF LAKLMO STAFF REPORT DATE: 7/17/2018 REGULAR ITEM#: 17 MOTION TO: City Council FROM: Emily Becker,Planning Director AGENDA ITEM: Zoning Map Amendment, Preliminary and Final Plat,Bus Terminal Ordinance Zoning Text Amendment, and Conditional Use Permit REVIEWED BY: Ben Gozola, Consultant Planner Soren Mattick, Campbell Knutson BACKGROUND: The City has received a set of applications from Stillwater Area Public Schools(Kristen Hoheisel)and Terry Emerson requesting consideration of the following four(4) items: 1) A Zoning Map Amendment to re-zone a portion of the subject property to Business Park; 2) Preliminary and Final Plats to subdivide the property located at 11530 Hudson Boulevard North; 3) A Zoning Text Amendment to allow"bus terminal" as a conditionally permitted principal use within the Business Park Zoning District; and 4) A Conditional Use Permit to operate a school district transportation center on the subject property. ISSUE BEFORE COUNCIL: The Council is being asked to hold a public hearing and make recommendation on each of the four requests beginning with the broadest issue(zoning district change) and working towards the most specific (approval of a CUP to allow operation of a bus terminal). As all four of the applications are generally linked, denial of any individual request may impact the Council's decision(s) on subsequent requests. PROPOSAL DETAILS/ANALYSIS: Applicants: Stillwater Area Public Schools(Kristen Hoheisel), 1875 Greeley Street South, Stillwater, MN 55082 (Zoning Map Amendment,Zoning Text Amendment, and Conditional Use Permit)and Terry Emerson, 2204 Legion Ln Cir N,Lake Elmo,MN 55042 (Preliminary and Final Plat) EXHIBIT 25 Council Meeting 711 712 01 8 Item#17 Property Owners: EN Properties,LLC(Terry Emerson), 11530 Hudson Boulevard North,Lake Elmo,MN 55042 Location: 11530 Hudson Boulevard North(PID#36.029.21.43.0001) Request: Zoning Text Amendment,Preliminary and Final Plat,Zoning Map Amendment, and Conditional Use Permit. Existing Land Use: Trucking Terminal—sales,repairs,and service of diesel trucks Existing Zoning: RT -Rural Development Transitional Surrounding Land South—I-94 and Woodbury; West—Outdoor Storage (RT—Rural Use/Zoning: Development Transitional); East—Vacant land(RT—Rural Development Transitional);North—Vacant land(RT—Rural Development Transitional) Comprehensive BP—Business Park Plan Guidance: Deadline(s)for Application Complete—5/4/2018 Action: 60 Day Deadline—7/3/2018 Extension Letter Mailed—At request of Applicant—extended to July 29,2018 120 Day Deadline—N/A Applicable Chapter 153—Subdivision Regulations Regulations: §154.210—Off-Street Parking Article XIV: Commercial Districts §154.258: Landscape Requirements ZONING MAP AMENDMENT The applicant is seeking approval to rezone a portion of the subject property(11 acres of approximately 63.73 total acres) from RT(Rural Development Transitional)to BP(Business Park). The RT designation provides landowners with interim use options as they wait for the availability of sewer, and/or until such time as a landowner requests a zoning change to a new district consistent with the future guided land use. In this case,the land in question is guided for Business Park both within the current 2030 Comprehensive Plan and within the draft 2040 Comprehensive Plan. Therefore, staff does find it would be appropriate to approve the requested rezoning if that is the desire of the landowner. Note that if the rezoning is ultimately approved but subsequent applications are denied,the applicant will be consulted as to whether this change should still occur, or whether the zoning change application will be withdrawn. Page 2 Council Meeting 711 712 01 8 Item#17 Recommended Condition of Approval. 1. That the Four Corners 1"Addition Preliminary and Final Plat obtain approval from the City. PRELIMINARY AND FINAL PLAT Purpose. The preliminary and final plat portion of this application package assumes the City approves the requested zoning map amendment to BP. If the rezoning failed, this application fails due to the inability to meet minimum RT zoning standards. If the rezoning was approved, the following analysis will apply: Minimum Lot Size Requirements.The following table outlines how the lot dimension and setback requirements of the Business Park zoning district are met by the requested lot layout. Lot Dimension Requirements,Business Park District Standard Required Proposed Minimum Lot Area 2 acres 11 acres Minimum Lot Width 200 feet 670 feet Minimum Lot Depth - 715feet Parkland Dedication.The City requires $4500 per acre for commercial subdivisions. The proposed subdivision will create one new lot of 11 acres. Therefore,it is recommended that a condition of approval require the applicant to pay$49,500($4500 X 11 acres)in park dedication fees for this development should the plan move forward. As staff did not identify any ways in which the proposed lot layout would be deficient to minimum zoning standards,we are recommending the requests can be approved. Note that if the Preliminary and Final plats are ultimately approved but subsequent applications are denied,the applicant will be consulted as to whether this application should still move forward, or whether it will be withdrawn. City Engineer Review. Stormwater Management • State and Valley Branch Watershed District permit will be required. • The site plan is subject to a storm water management plan meeting State,VBWD and City rules and regulations.No proposed storm water management plan was provided as part of the Plan submittal. • The storm water facilities constructed for this development should remain privately owned and maintained. The applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement in the City's standard form of agreement. Page 3 Council Meeting 711 712 01 8 Item#17 • Even as privately owned and maintain facilities, maintenance access roads meeting the City engineering design standards must be provided for all storm water facilities. • The storm water facility 100-year HWL must be fully contained within the subject property or easements must be acquired to protect the 100-year HWL flood area. The proposed plans show the 100-year HWL event discharging off-site at the southeast corner. Streets and Transportation • A traffic study should be required as a condition of approval to determine the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements. A financial contribution to CSAH 15/Hudson Boulevard traffic signal/realignment should be considered. In addition,the study is needed to determine if an eastbound left turn lane along Hudson Boulevard is also needed at the site access. • No additional right-of-way dedication is required unless an eastbound turn lane is required as determined by the traffic study. A 10-foot utility corridor easement for small utilities must be dedicated of the City along the north boulevard of Hudson Boulevard. • Hudson Boulevard must be improved per the City design standards to an urban section on the north side of the street including a westbound right turn lane to the site,a 4-foot shoulder(curb section), a 9-foot boulevard, and 10-foot shared use bituminous trail with 2-foot clear zone. Municipal Sanitary Sewer • Because the property is guided in the City's Comprehensive Plan for 2020-2030 Regional Sewer Staging Plan and would discharge to the MCES Cottage Grove Ravine Interceptor,provisions for connecting to the municipal sanitary sewer service must be included with this application. The site plans/application indicates a new sewer service line connecting to future sanitary sewer but does not address the extension of sewer to the site. • The applicant will be responsible to connect to the City sanitary sewer system and extend sanitary sewer into the property at applicant's sole cost and must stub sewer to adjacent parcels. • Sanitary sewer is available along Hudson Boulevard near the MCES Meter Station. The sanitary sewer trunk size will need to be determined based on the 2040 Comprehensive Plan. • Sanitary sewer capacity demands including the number of residential equivalency units (RECs) based on the Met Council SAC determination policty should be provided and account for all land uses and connections to the sewer system including bus wash wastewater. • Existing sanitary sewer utility easements along Hudson Boulevard and the new commercial street corridor must be shown on the plans and plans must be made to avoid encroachments/conflicts with these easements. • Any main sewer lines placed within the development will require minimum 30-foot easements centered over the pipe(or wider dependent upon the sewer depths)dedicated to the City and in the form of the • City's Utility Easement Agreement. Municipal Water Supply • Because the property is located in the MUSA,provisions for connecting to the municipal water supply must be included. • The applicant will be responsible for extending municipal water to the property at the applicant's cost,and watermain stubs will be required to eastern property limits. Water is available to be extended to the property from the Hunter's Crossing development but will require easements Page 4 Council Meeting 711 712 01 8 Item#17 across adjacent properties. The watermain extension to the site will likely be a 12-inch trunk watermain. • The applicant shall provide water capacity demands including average day use,peak day use, and fire suppression demands. All demands should be included, including potable drinking water,bus washing operations, etc. in order to evaluate eater improvements needed to support the development and to determine the water availability charges. • The proposed site is in the water system's low pressure zone which has limited capacity until a new water tower is constructed to serve the area. • Hydrants will be required to be placed at the direction of the Fire Department, and all fire hydrants shall be owned and maintained by the City. Recommended Findings. 1. That the Four Corners preliminary and final plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2. That the Four Corners preliminary and final plat complies with the minimum lot frontage and area requirements of the City's BP—Business Park zoning district. 3. That the Four Corners preliminary and final plat complies with the City's subdivision ordinance. 4. That the Four Corners preliminary and final plat meets other City zoning ordinances, such as landscaping, erosion and sediment control, and other ordinances,provided comments outlined in the City Engineer Review Memo dated May 30, 2018 are met; or as may be amended due to changes in the site plan or proposed use. 5. That the Four Corners preliminary and final plat is consistent with the City's engineering standards provided final plans are updated to address the City Engineer's comments documented in a letter dated May 30,2018; or as may be amended due to changes in the site plan or proposed use. 6. The land being subdivided is legally described as: S1/2-SE1/4 EXC WEST 2 RODS EXC TO HWY EXC HWY PARCEL 44 MN DOT R/W PLAT#82-35 SECTION 36 TOWNSHIP 029 RANGE 021 7. That the Four Corners preliminary and final plat will create one new lot of 11 acres to be legally described as Lot 1,Block 1,Four Corners; and three outlots: A(46.64acres),B (5.01 acres), and C (1.08 acres). Recommended Conditions of Approval. Staff recommends the following conditions be attached to any approval of the Four Corners Preliminary and Final plats: 1) The property shall be rezoned to BP—Business Park. 2) The applicant shall pay a fee in lieu of parkland dedication in the amount of$4500 per acre of the newly created lot(11 acres X $4500=$49,500 total)prior to any formal City authorization. Page 5 Council Meeting 711 712 01 8 Item#17 3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, landscaping, and payment of the required improvements for the Four Corners Final Plat with financial guarantees therefore. 4) Final grading, drainage and erosion control, sanitary sewer and stormwater management, street and utility construction plans shall be submitted,reviewed and approved by the City Engineer, meeting City Engineering Design Standards,prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in a memorandum dated May 30, 2018 and all subsequent memorandums regarding the plans shall be incorporated into these documents before they are approved. 5) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to building permits, conditional use permits, etc. 6) Any plans for construction on the newly created parcel must comply with the Lake Elmo Design Standards Manual and specific general site considerations and development standards for specific uses within the Business Park District. 7) The site plan is subject to a storm water management plan meeting State,Valley Branch Watershed District and City rules and regulations. All applicable permits must be obtained. Maintenance access roads meeting City engineering design standards must be provided for all storm water facilities. 8) Stormwater facilities shall remain privately owned and maintained. The applicant will be required to execute a Stormwater Maintenance and Easement Agreement in the City's standard form of agreement. 9) A Traffic Impact Study shall be completed and submitted in order to determine timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements as well as the need for an eastbound left turn lane along Hudson Boulevard for site access.Additional right-of-way along Hudson Boulevard may be required if the eastbound left turn lane is required. 10) Hudson Boulevard must be improved per the City design standards to an urban section on the north side of the street including a west bound right turn lane to the site, a four foot shoulder (curb reaction),a nine foot boulevard,and a ten foot shared use bituminous trail with two foot clear zone. 11) Provisions for connecting municipal sanitary sewer service and for connecting to the municipal water supply must be provided on submitted plans. The applicant shall be responsible to extend and connect to the City sanitary sewer system and municipal water at the applicant's sole cost and extend such services to adjacent properties. The applicant shall be required to obtain easements Page 6 Council Meeting 711 712 01 8 Item#17 from adjacent properties in order to extend water. A detailed description of the sanitary sewer and water capacity demands shall be provided. 12) Hydrants will be required to be placed at the direction of the Fire Department, and all fire hydrants shall be owned and maintained by the City. 13) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to its execution by City Officials. ZONING TEXT AMENDMENT Purpose. The zoning text amendment being requested would allow "bus terminals" as a conditionally permitted principal use on properties zoned Business Park. If approved, the applicant would seek a conditional use permit to authorize a permanent bus terminal on the subject property. What's currently in the Zoning Code Regarding Bus Terminals? • Definition of Local Transit 154.012.B.12. The Zoning Code defines bus terminals as local transit: o "Local Transit. Establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs,passenger charter services, school buses, and terminals (including service facilities)for motor vehicle passenger transportation." o Currently, local transit is not an allowed use within any of the zoning districts. • Parking Standards for Local Transit. The Zoning Code sets forth the following minimum o "2 spaces per 3 employees on the largest shift, based on maximum planned employment. " • Local Transit is currently not an allowed use within any Zoning District as indicated by the list of Permitted, Conditional, and Interim Uses within the Commercial Zoning Districts. Intent of Business Park Land Use/Zoning District within the Comprehensive Plan and Zoning Code. The 2030 Comprehensive Plan states that "the Business Park land use category is intended to encourage the creation of significant employment centers that accommodate a diverse mix of office and light industrial uses and jobs. Specific desired attributes of this land use include a diversity of jobs, high development densities andjobs per acre, high quality site and building architectural design, and increased tax revenues for the community. Office, office showroom/warehousing, research and development services, light and high-tech electronic manufacturing and assembly, and medical laboratories are typical uses appropriate for this land use category. Some retail and service uses may be allowed as supporting uses for the primary office and light industrial uses of the employment center." Page 7 Council Meeting 711 712 01 8 Item#17 While this proposal does create a significant number of jobs per acre (200 jobs on about 11 acres of property),the jobs it is creating don't really fit in to the category of types of jobs this land use category is intended to have(office and light industrial uses and jobs).Additionally,a bus terminal does not necessarily fit in to the category of"high quality site and building architectural design." It also does not fit in to any of the described uses appropriate for this land category.Finally,it would not add to increased tax revenues for the community since it would be tax exempt. The Draft 2040 Comprehensive Plan states that Business Park (BP) areas are to "...provide for a wide variety of professional businesses such as medical and research facilities, offices, and corporate headquarters. Uses specifically excluded from existing business park areas include warehousing, manufacturing, distribution, assembly and truck terminals.Retail sales ofgoods and services are allowable uses by conditional use permit provided such uses are goods and services for the employees of the permitted business use. This category excludes any residential use." While truck terminals are not exactly the same as local transit in that truck terminals provide tax base,they are similar in assumed site layout and traffic,noise, etc. Trucking terminals are currently a conditional use within the BP — Business Park zoning district and have not been explicitly disallowed per the current Comprehensive Plan. The draft 2040 Comprehensive Plan will exclude such a use within the Business Park land use if the plan in its current draft form is ultimately adopted. The Zoning Code states the following about the BP Business Park/Light Manufacturing District: "The purpose of the BP District is to provide areas for attractive, high quality business park development primarily for office, high quality manufacturing and assembly, and non-retail uses in developments which provide a harmonious transition to residential development and neighborhoods by: 1) Conducting all business activities and essentially all storage inside buildings; 2) Consisting of high quality and attractive buildings which blend in with the environment; 3)providing open space, quality landscaping and berming; 4)including berming and buffering of parking, loading docks and other similar functions;and 5)protecting and enhancing the natural environment; and 6)providing users with an attractive working environment that is unique in the eastern metropolitan area with immediate access to I-94." A bus terminal does not necessarily provide a harmonious transition to residential development and neighborhoods as most business and activities are conducted outside,not inside buildings. While there are limited peak traffic times,there is a significant amount of traffic at those peak times.There will be only one building which is existing and will not be remodeled.There is opportunity to provide berming and buffering on the site should this move forward. Recommendation. Due to guidance of the current 2030 and draft 2040 Comprehensive Plans as well as the Zoning Code, staff would not recommend that bus terminals be an allowed use (conditional nor permitted)within the Business Park Zoning District due to the following findings: 1. That the procedures for requesting a Zoning Text Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.105. 2. That all the submission requirements of said Section 154.105 have been met by the Applicant. Page 8 Council Meeting 711 712 01 8 Item#17 3. That the proposed Zoning Text Amendment includes the following components: a. That local transit be a conditional use within the Business Park zoning district. 4. The Current comprehensive plan calls for Business Park areas to become "significant employment centers," and bus terminals do not provide significant employment relative to acreage needed for the use; 5. Business Park areas are to include uses with "high quality site and building architectural design," and bus terminals will typically include neither quality by the nature of the use; 6. Business Park land is meant to generate increased tax revenues for the City, and public bus terminals are tax exempt; 7. The use is specifically excluded from Business Park areas in the draft comprehensive plan anticipated to move forward for approval by the end of 2018; 8. The Zoning Code calls for Business Park areas to provide a harmonious transition between the City's commercial areas and its residential areas,and a bus terminal with outdoor storage of busses is antithetical to that goal; 9. The Zoning Code calls for Business Park activities to occur inside of buildings, and bus terminals by their nature include outdoor use and storage of vehicles; 10. The applicant's request to make bus terminals a conditionally permitted use cannot overcome all of the listed problems in findings 4 through 10 via conditions(as proposed or otherwise). Possible Standards. It should be noted that motor freight and warehousing, which is defined as follows: "establishments engaged primarily in either the storage or shipment of goods and materials, including terminal facilities for handling freight, and maintenance facilities in which the trucks (including tractor trailer units) involved with the operation of the business are stored, parked and serviced. Materials within a warehouse or terminal facility may be combined, broken down, or aggregated for trans-shipment or storage purposes where the original material is not chemically or physically changed,"(this includes truck terminals) are a conditional use currently within the Business Park zoning district. A bus terminal is quite similar in use to that of a truck terminal,though the definitions in the Zoning Code differentiate the two. It is also recognized that the development of this property would prompt the extension of City services to this area. If the Council disagrees with staff and believes that bus terminals are an appropriate use within areas guided for Business Park, staff would recommend the City only adopt narrowly tailored language to preclude bus terminals from certain Business Park areas in order to limit the number of bus terminals allowed in the City and to minimize impact to adjacent properties. If the Council goes this route, staff would suggest the following standards accompany any such change: Page 9 Council Meeting 711 712 01 8 Item#17 1. The use shall be limited to a school district transportation center,owned by a public school district, serving as a bus terminal for buses and vans which transport passengers to and from schools or between school programs and community residences. o This provision would limit "local transit"to bus terminals and not allow, as per definition from the zoning code, taxicab terminals,passenger charter services, etc. 2. The property on which the use is located must be located within one half mile of property owned and used by a public school district for an active school or school administration building. o The property on which the bus terminal is being proposed would be the only parcel on the east side of the City that is guided for Business Park and that is within one half mile of such school property. 3. Must be on a property of at least 10 acres in size or more. o There are parcels on the west side of the city that are zoned Business Park that are in within one half mile of school district land, but none of those parcels meet a ten acre minimum and therefore could not qualify for use as a bus terminal. 4. Must be sufficiently screened, as determined by the City, from adjacent properties through techniques such as berming and landscaping. o This condition would provide the City with authority to determine the level and location of screening needed to hopefully ensure an acceptable separation of uses. 5. Accessory uses to bus terminals may include an office and routine maintenance of operable school buses including but not limited to washing and fueling. o This condition would ensure the site is used as a hub for a bus operation, but would not become a major maintenance center for inoperable vehicles in the bus fleet. CONDITIONAL USE PERMIT Purpose. The conditional use permit application would seek to utilize the previous text amendment and allow a "bus terminal" on a portion of the subject property. Failure of the previous application(s) to be approved will likely preclude approval of this application. Page 10 Council Meeting 711 712 01 8 Item#17 i PRM a Future planned bus = terminal area Existing Conditions. The applicant is planning to re-locate the existing bus terminal on the property that was previously operating as Rihm Kenworth at 11530 Hudson Boulevard N in Lake Elmo,MN(see below). Current Interim Use Permit. The property currently operates under an interim use permit which was granted by Resolution No.2014-095,which allows a bus/truck terminal.This interim use permit will expire on December 2, 2019, and may be renewed with approval by Council. It will terminate when any portion of the property is rezoned or when public sanitary sewer is provided on site. The consent agreement states that the remaining portion of the property must be used for agricultural purposes and that the interim use shall terminate upon any redevelopment of the property for a permitted or conditional use. There has been discussion of the eastern portion of this property developing,being provided sanitary sewer,and no longer being used for agricultural purposes. Therefore, the applicant does not want to operate under the current interim use permit. Current Building. The current building was constructed in the 1990's and was used for office space by E&H Earthmovers and also provided bus storage for Stillwater Schools. It was then used by Kenworth Diesel Trucks for sales,repairs and service of diesel trucks. Current Bus Terminal Operation. The current bus terminal operates in Oak Park Heights within Stagecoach in the Old Junker Landfill. Proposed Operation and Jobs Created. School buses for the Stillwater School District will be parked at this facility when not in use, and routine maintenance will be performed at this facility, including washing and fueling. The existing building will be used for office workers(dispatch,payroll, safety manager, etc.); a home base for drivers to check in and out, training, assignments, and mechanical work (repair and maintenance on buses).Approximately 200 people would work at the facility,with morning and afternoon shifts of drivers and attendants. Hours of operation would be from about 6:00 a.m. to 6:00 p.m. during the Page 11 Council Meeting 711 712 01 8 Item#17 weekdays with occasional Saturday use for limited special school district transportation needs.There would be parking provided for school buses(140 spaces),transportation vans(approximately 20),and employees' personal vehicles(approximately 200). Why this Location? The location is adjacent to major traffic corridors and routes within this area of the City of Lake Elmo.The School District has proposed this location as opposed to a location located adjacent to lower volume roads so as to create less impact. Peak bus traffic times will be limited to morning hours (7:00 a.m.to 9:00 a.m.)and afternoon(2:00 p.m. to 4:00 p.m.). Setback and Impervious Surface Requirements. The following table outlines how the proposed use adheres to the setback and impervious surface requirements of the Business Park Zoning District.All of the proposed requirements are met. The property to the north is guided for Business Park in both the current (2030) and proposed (2040) Comprehensive Plan Land Use Plan, and so the required setback from residential zones does not apply. i .ck Rei Business Park District Standard Required Proposed Maximum Height 50 feet Less than 50 feet Maximum Impervious Coverage 75% 57% Front Yard Setback—Building 50 feet 120 feet from existing right-of-way line Interior Side Yard Setback—Building 30 feet 120 feet from west side and 470 feet from east side Corner Side Yard Setback—Building 30 feet N/A Rear Yard Setback-Building 30 feet Approximately 445 feet Residential Zones—Building 150 feet Approximately 445 feet Front Yard—Parking 30 feet Approximately 60 feet from existing right-of-way line Interior Side Yard—Parking 15 feet Approximately 45 feet from west side and approximately 130 feet from east side Corner Side Yard—Parking 30 feet N/A Rear Yard-Parking 15 feet Approximately 32 feet Minimum Building Floor Size 5,000 square feet 15,498 square feet General Site Design Considerations, Commercial Districts. The following outlines how the proposed development adheres to the City's General Site Design considerations for the Business Park zoning district. ■ Circulation. o Internal connections when feasible. The parcel to the west has an existing access owned by the parcel to the northwest,so it does not make sense to require this.Additionally,a bus garage would not need to access an adjacent development. Page 12 Council Meeting 711 712 01 8 Item#17 o Curb cuts minimized. The proposed development will use an existing curb cut. ■ Fencing and Screening. There is a proposed chain link fence, which will be consistent with what is currently on the property, enclosing the eastern portion of the parking lot. ■ Lighting Design. It is a recommended condition of approval that the applicant submit a photometric plan that meets the requirements of Sections 150.035-150.038 of the City Code. ■ Exterior Storage. Exterior materials storage must be screened from view from adjacent public streets and adjacent residential properties. It is a recommended condition of approval that the applicant provide sufficient berming and screening of the parking lot and that the fueling area and above ground storage tank also be sufficiently screened from adjacent properties and the public right-of-way. Parking Lot Requirements ■ Surface and Drainage. It is required that in commercial districts, all areas intended to be utilized for parking spaces for five or more vehicles be paved with a durable surface including,but not limited to, hot asphalt,bituminous, or concrete. Additionally,industrial districts are required to be surfaced with materials suitable to control dust and drainage.The applicant has indicated that the existing paved and gravel parking area would remain and that the site would be expanded to provide additional gravel surfaced parking for school buses and employee cars. It is a recommended condition of approval that the parking area be paved as required by the Zoning Code. ■ Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked with painted lines at least four inches wide. This is a recommended condition of approval. ■ Curbing. Open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb or barrier of normal height. This is a recommended condition of approval. ■ Accessible Parking. The proposed number of parking spaces is 365, of these, 199 are proposed to be car stalls. The Americans with Disabilities Act (ADA) requires six accessible stalls with one van accessible stall with six accessible stalls.The proposed number of ADA stalls is six,though there does not appear to be a van accessible stall provided. Landscape Plans. The applicant has submitted landscape plans which include 62 Norway Spruces and 61 Colorado Blue Spruce. The existing berms would also remain. Some cursory comments on the landscape plan include the following: ■ There is proposed 670 feet of street frontage on the property, requiring at least 14 trees be planted along Hudson Boulevard. There are no trees proposed to be planted along Hudson Boulevard. This requirement is not met. ■ The applicant has not submitted a Tree Preservation Plan,as is required.It is a recommended condition of approval that this also be submitted and approved by the Landscape Architect. Page 13 Council Meeting 711712018 Item#17 ■ It is not known whether or not the requirement that a minimum of five trees be planted for every one acre of land developed or disturbed is met,as the applicant has not submitted a Tree Preservation Plan as indicated above. Parking Lot Screening Standards ■ Interior Parking Lot Landscaping. It is not known whether or not the parking lot meets the interior parking lot landscaping requirements, as the applicant has not indicated what percentage of interior parking lot area is devoted to landscaping planting areas. At least 5% of the parking lot will need to be devoted to islands or corner planting beds and include shade trees in accordance with the table below.Provided the parking lot contains 365 spaces as currently proposed,a minimum of 25 trees will be required within these interior landscaped areas. Number of Parking Spaces Minimum Required Tree Planting 0-30 None required 31-100 1 tree per 10 spaces or fraction thereof 101+ 1 tree per 15 spaces or fraction thereof ■ Perimeter Parking Lot Landscaping. o Frontage Strip. A well-over 8-foot wide frontage strip is provided between parking areas and public street as required for parking lots with over 100 spaces. There is a berm that is already located along Hudson Blvd which screens the parking lot. ■ Screening. Screening is required to provide visual and noise separation of intensive uses from less intensive uses.The property to the west is used as exterior storage,and it is unknown what the property to the east will be used as. It is recommended that the screening be provided from the property to the west and east that consists of either a masonry wall or fence in combination with landscape material that forms a screen at least six feet in height and at least 90%opaque on a year-round basis and include at least one deciduous or coniferous tree per 40 linear feet along the property line. Lake Elmo Design Guidelines and Standards. The property is located within the I-94 district, and therefore must adhere to the Lake Elmo Design Guidelines and Standards. As previously indicated, the applicant has proposed to use the existing building. The building generally adheres to Lake Elmo Design Guidelines and standards in that the building does not have a blank fagade, the window and door styles reflect the prevailing architecture style of the structure,there is variety in building fagade through a change in materials, high quality and durable materials are used in street facing facades, and the building is constructed of pre-cast concrete. Storage Tank. There is a provision in the Zoning Code that requires that the Council permit uses associated with the bulk storage of over 2,000 gallons of diesel after finding that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare and that the Zoning Administrator require the development of diking around the tanks, suitably sealed to hold a leakage capacity equal to 115% of the tank capacity. The proposed fueling area contains Page 14 Council Meeting 711712018 Item#17 an above ground storage tank that will store 8,000 gallons of diesel. Staff has contacted the Minnesota Pollution Control Agency(MPCA), and the only requirement they have is for their Aboveground Storage Tank(AST) Program is that the applicant fill out an AST Notification of Installation or Change in Status Form informing the MPCA of when the tank has been"closed" from the former location and when it has been moved to the new location. It is a recommended condition of approval that the applicant fill out this form both times (when removing it from the former location and when installing it in the new location)as required by the MPCA. Bus Washing. The applicant has indicated on the application that the property use will include washing buses. The applicant has indicated that the buses will be washed at the facility's wash bay and that waste water from the wash bay will run in to an oil separator with all of the shop drains, which will go in to a holding tank,which is then disposed of by a sewer transport service. The oil separator is then emptied and maintained by a licensed transporter. The applicant indicates that once the septic system is converted to the municipal sewer system that the wastewater will go directly to the treatment plant after passing through the oil separator, and the oil separator will be emptied and maintained by a licensed transporter. The disposal of this water is addressed in the engineering comments. City Engineer Review.This can be referenced in the Preliminary and Final Plat section of this report. Fire Chief and Building Official Review.The biggest concern that was provided from the Fire Chief and Building Official is that the building is sprinklered yet not hooked up to City water. It is a recommended condition of approval that the property be serviced by City sewer and water prior to the operation of the bus terminal. Staff Recommendation. Due to recommended denial of the zoning text amendment request due to its inconsistency with the Comprehensive Plan and recommended findings outlined below,which are required for a conditional use permit, staff had recommended denial of the requested conditional use permit to operate a school district transportation center at a portion of the property located at 11530 Hudson Blvd N based on the following: 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. With over 200 employees and a use that requires both employee trips in and out of the facility each day as well as two bus trips in and out of the facility each day, the use will generate a significant amount of traffic. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Business Park. While the proposal does create a significant number of jobs per acre, the parcel will be tax exempt, as it will be owned by the school district. It also does not fit in to the described uses appropriate for this land category. Finally, it does not propose high quality site and building architectural design, which,per the Comprehensive Plan, is a trait this land use category should have. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the existing use is a truck terminal, which is similar in Page 15 Council Meeting 711712018 Item#17 use and design to a bus terminal, and the surrounding parcels are mostly vacant and undeveloped. However, the surrounding area is planned for uses such as offices, showroom/warehousing, research and development, manufacturing and assembly, and medical laboratories, which are not compatible uses with a bus terminal. 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 this use listed in Article 7. The use does not comply with many parking lot, screening, and landscape standards of the Zoning Code. 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 proposed project is a redevelopment/repurposing of an existing site, to which minimal improvements are proposed, and will not significantly change the existing character of the area. Operations are not within a building and so would not meet the intended character of the neighborhood. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will create a significant amount of traffic, at least at certain times of the day. 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 property is within the Metropolitan Urban Service Area (MUSA) and therefore should be required to be provided by city sewer and water. The application did not detail provisions to connect to City sewer and water. The use may require the prompt need for the CSAH I5/Hudson Blvd traffic signal,for which the City will be required to share 25%of the cost, and the Hudson Boulevard realignment. It is not yet known if the applicant's stormwater management plan meets all City,State, and Valley Branch Watershed District requirements. 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 may require the prompt need for the CSAH 15/Hudson Blvd traffic signal/realignment,for which the City will be required to share 25% of the cost. It is not Page 16 Council Meeting 711712018 Item#17 yet known if the applicant's stormwater management plan meets all City,State, and Valley Branch Watershed District requirements. 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 proposed use will generate a significant number of trips per day, which may generate excessive production of traffic. 11. Vehicular approaches to the property,where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Traffic congestion may be created from the significant number of trips to the site the use would generate. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A Recommendation Findings for Approval. The Planning Commission recommended approval and the following findings and conditions of approval: 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.Bus traffic is not expected to be detrimental or dangerous, as trips and traffic will be limited to certain times of the day. It is a recommended condition of approval that there be significant berming to provide a sufficient screening of the parking lot. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Business Park, in which local transit, which meets certain standards, is a conditional use per the Zoning Code. The use also provides a significant number of jobs per acre, which is a desired trait of the Business Park land use designation per the Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the existing use is a truck terminal, which is similar in use and design to a bus terminal. The surrounding parcels are mostly vacant and undeveloped. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposal complies with the proposed development standards as recommended in the requested Zoning Text Amendment, although it does not comply with many parking lot, screening, and landscape standards, which have been required as a recommended condition of approval. 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 Page 17 Council Meeting 711712018 Item#17 and will not change the essential character of that area. While the proposed project is a redevelopmentlrepurposing of an existing site and will not change the existing character of the area, operations are not within a building and so would not meet the intended character of the neighborhood. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. While the proposed use will create a significant amount of traffic, it will be limited to certain times of the day. 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. There are plans to connect to City sewer and water at the applicant's cost. The use may require the prompt need for the CSAH 15/Hudson Blvd traffic signal,for which the City will be required to share 25%of the cost, and the Hudson Boulevard realignment. It is not yet known if the applicant's stormwater management plan meets all City,State, and Valley Branch Watershed District requirements. 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. While the use will not pay property taxes, sewer and water service charges will be paid by the applicant. 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 proposed use will generate a significant number of trips per day, though this will be limited to certain times of the day. Minimal noise is expected to come from the site, except during heavy traffic times at specific times within the morning or afternoon. 11. Vehicular approaches to the property,where present,will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Traffic congestion could be created from the significant number of trips to the site, though these would be limited to certain times of the day. 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 the Council wishes to recommend approval,staff recommends the following conditions: 1) The Zoning Text Amendment to allow local transit(school district transportation center)within the Business Park Zoning District must be approved. 2) No construction or use of the bus terminal (unless in accordance with the Interim Use Permit approved by the City by Resolution 2014-095) may commence until all items as outlined in the City Engineer review memo regarding the Four Corners Preliminary & Final Plat (Stillwater Page 18 Council Meeting 711 712 01 8 Item#17 Transportation Center) dated May 30, 2018 and all other subsequent construction plan memos regarding the Stillwater Transportation Center have been addressed;the Four Corners I"Addition Final Plat has been recorded. 3) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans (if required),parking lot permit,building permits, etc. 4) The Applicant shall submit a photometric plan, and all lighting must meet requirements of Sections 150.035-150.038 of the City Code. 5) The above ground storage tank shall require development of diking around the tank, suitably sealed to hold a leakage capacity equal to 115%of the tank capacity. The applicant shall demonstrate that fire, explosion,or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. The applicant shall also fill out an Aboveground Storage Tank Notification of Installation or Change in Status Form as required by the Minnesota Pollution Control Agency(MPCA). 6) The Applicant shall submit an updated Landscape Plan and Tree Preservation Plan which includes sufficient berming and screening and addresses the comments in this report to be reviewed and approved by the City's Landscape Architect. 7) Parking areas shall be paved with a durable surface including,but not limited to,hot asphalt, bituminous or concrete; spaces shall be marked with painted lines at least four inches wide; required interior and exterior parking lot screening is required; a bumper curb or barrier of normal bumper height shall be provided; and must provide an adequate number of Americans with Disabilities Act(ADA)accessible stalls. 8) A sign permit shall be obtained prior to erection of any sign on the property. 9) The property shall be connected to City sewer and water prior to operation of the bus terminal. 10) A Traffic Impact Study is required to determine timing and extent of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic signal improvements as well as to determine if an eastbound left turn lane along Hudson Boulevard is also needed at the site access. 11) The applicant shall be required to include a description of the sanitary sewer capacity demands including the number of residential equivalency units(REC)based on the Metropolitan Council Sewer Availability Charge(SAC) determination policy as well as a description of the water capacity demands including average day use,peak day use, and fire suppression demands. Demands must account for all planned uses and connections to the sewer system including bus wash wastewater as well as include potable drinking water,bus washing operations, etc. 12) Applicant shall be responsible to place hydrants throughout the property at the direction of the Fire Department.All fire hydrants shall be owned and maintained by the City. Planning Commission Review. The Planning Commission held a public hearing and considered the requests for a zoning map amendment,preliminary and final plat, zoning text amendment and conditional use permit at its June 18, 2018 meeting. No public comments were received prior to the meeting, and no one from the public spoke at the meeting. Page 19 Council Meeting 711 712 01 8 Item#17 During the meeting, the applicant's representative explained that they have been working with the City, offering to pay the water accessory charge, for a number of years. The applicant believes that the development will help bring water and sewer to the site. It is anticipated that the development will spur other development which will generate higher taxes. The school district also explained that a school bus terminal creates quality public services. The location is ideal,as their district spans a number of miles, and this is a more centralized location for their students. The Planning Commission was supportive of all of the requests and believed that the requests would spur development and bring City services to the area. They indicated that the City should not wait for a better opportunity to come along. They were concerned that the condition that the parking lot be paved and brought to City standards was a burden to the applicant,but it was explained that these are City standards and must be met unless a variance is granted.The Planning Commission recommended approval of all four requests with a vote of 4-0. FISCAL IMPACT: If approved and recommended conditions of approval are adopted, the applicant will be required to pay sewer and water availability charges and will be responsible at its sole cost for bringing sewer and water to the property and extending it to adjacent properties. Maintenance of streets, trails, sanitary sewer mains, and other public infrastructure should be considered. The City will collect Sewer Accessibility Charges and Water Accessibility Charges, building permit fees, and property taxes OPTIONS: The Council may: • Approve the requests for a zoning map amendment to rezone a portion of the property located at 11530 Hudson Blvd N and for the Four Corners preliminary and final plat to subdivide the property located at 11530 Hudson Blvd N and deny the requests for a zoning text amendment to allow local transit as a conditional use within the Business Park zoning district and for a conditional use permit to operate a school district transportation center on a portion of the property located at 11530 Hudson Blvd N with staff recommended findings and applicable conditions of approval. • Approve the requests for a zoning map amendment to rezone a portion of the property located at 11530 Hudson Blvd N and for the Four Corners preliminary and final plat to subdivide the property located at 11530 Hudson Blvd N and deny the requests for a zoning text amendment to allow local transit as a conditional use within the Business Park zoning district and for a conditional use permit to operate a school district transportation center on a portion of the property located at 11530 Hudson Blvd N with amended findings and applicable conditions of approval. • Deny all requests with findings to support denial for the Four Corners preliminary and final plat and zoning map amendment. • Approve all requests with staff-drafted findings and conditions of approval. • Amend any recommended findings and conditions of approval and approve all requests with amended findings and conditions of approval. RECOMMENDATION: Page 20 Council Meeting 711 712 01 8 Item#17 The Planning Commission recommends approval of the requests for a zoning map amendment,preliminary and final plat,zoning text amendment, and conditional use permit: "Move to adopt Ord 08-244 approving the request from Stillwater Area Public Schools for a Zoning Map Amendment to rezone Lot 1,Block 1, Four Corners from Rural Development Transitional to Business Park,subject to recommended condition of approval." "Move to adopt Resolution 2018-076 approving the request from Terry Emerson for the Four Corners preliminary and final plat to subdivide the property located at 11530 Hudson Blvd N in to Lot 1,Block 1, Four Corners, along with three separate outlots,subject to recommended conditions of approval." "Move to adopt Ord 08-215 approving the request from Stillwater Area Public Schools for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district." "Move to adopt Resolution 2018-077 approving the request from Stillwater Area Public Schools for a Conditional Use Permit to allow a school district transportation center at the property located at Lot 1, Block 1,Four Corners with the conditions as recommended by Staff/with the amended conditions of approval." Staff recommends denial of the zoning text amendment and conditional use permit: "Move to adopt Resolution 2018-078 denying the request from Stillwater Area Public Schools for a Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning district based on recommended findings." "Move to adopt Resolution 2018-079 denying the request from Stillwater Area Public Schools for a Conditional Use Permit to allow a school district transportation center at the property located at Lot 1, Block 1, Four Corners based on recommended findings." ATTACHMENTS: • Applications for Zoning Text Amendment,Zoning Map Amendment, Conditional Use Permit and Four Corners preliminary and final plat and Narratives. • Preliminary and Final Plat • Engineer Memo • Bus Terminal Plans • Ord. 08-214 approving the Zoning Map Amendment • Resolution 2018-076 approving the Preliminary and Final Plat • Resolution 2018-078 denying the Zoning Text Amendment • Resolution 2018-079 denying the Conditional Use Permit • Ord. 08-215 approving the Zoning Text Amendment • Resolution 2018-077 approving the Conditional Use Permit Page 21 Date Received: ," THE CITY ot- 651-747-3900 Received By: J A K E ELMO0 Laverne LU File#: 380Lake Elmo,AM N 55042 PRELIMINARY PLA T APPLICA TION Applicant: Address: 0 'r - Phone#: Email Address: Fee Owner: , 4 = f �. Address: Phone#: " Email Address: o Property Location (Address and Complete (long) Legal Description: �l�,J, f%�Uz General'nformation of pToposed subdivision: ec;> Conducted pre-application meeting with Staff? dyes ® No In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant: /'/ Date: / �1 Signature of Fee Owner Date: SAFORMSVIanning Dept Forms-Permits-Forms-CurrentTrcliminary Plat Application only 10.7.13.docx Revised 311012014 2:31 PM From: Jack Griffin To: Jared Shepherd; Kristina Handt Subject: School District CUP Amendment-Septic Design Date: Wednesday,April 08,2020 2:43:49 PM All, I have briefly reviewed the septic system design and it cannot be approved as submitted. The proposed mound area is shown to encroach the dedicated 10-foot utility easement along the Hudson Boulevard frontage. This also does not comply with Chapter 7080 rules that require all portions of the septic tanks and mound systems to be setback a minimum of 10 feet from all property lines. This area needs to be reserved for installation of small utilities. More importantly, however, the city will be relying on the full extent of this 10-foot easement for the installation of the city sanitary sewer and watermain as shown on the Four Corners 1 st Addition construction plans. The septic/mound system should be required to maintain a 10- foot setback from the utility easement, or 20 feet from the southern property line. The 10-foot easement line must be shown on the septic/mound system plans together with the 10-foot required setback. This is important because the septic plans indicated that the design locations are just estimates and the actual mound system location will be determined by the installer. I will leave the septic/mound system design review to WashingtonCounty, however it appears that the system may be undersized. The design flows assumed for the 200 bus drivers may be significantly underestimated. Please let me know if you have any questions. Thanks Jack John(Jack) W. Griffin, P.E. Principal/ Sr. Municipal Engineer FOCUS ENGINEERING, INC. EXHIBIT 651.300.4264 ; 24 jack.griffin(&,focusengineeringinc.com