Loading...
HomeMy WebLinkAboutRESOLUTION 2017-017I lk W-1 Mau! NO KOISSIMM, 1"I lvalyaffim A RESOLUTIONAPPROVING A CONDITIONAL USE PERMITFOR A PARKING FACILITY FOR CHRIST L UTHER,4N CHURCH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36b Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for a parking facility for the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR'S PLAT NO. 8, Washington County, Minnesota (the "Property"); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102, and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on February 13, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 13, 2017; and It WHEREAS, the City Council considered said matter at its February 21, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 54.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That the proposed Conditional Use Permit includes the following components: Resolution 2017-017 a) A Conditional Use Permit for a parking_ facility and for the Property. 4) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use has already existed for a number of years and has not shown to be detrimental. 5) The use or development conforms to the City of Lake Elmo Comprehensive flan. The area is guided for VMX — Village Mixed Use in the Land Use guide of the Comprehensive Plan. Parking facility is a conditional use in this district. o) The use or development is compatible with the existing neighborhood. A parking facility will alleviate parking needs for the nearby church and building on the parcel to the south through a shared parking agreement. 7) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. There are no specific development standards for a parking facility in Article '. 8) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed. in Chapter 150, § 150.250 through 150.257 ( horel nd Regulations) and Chapter 15 (Flood Plain Management). The property i located outside the 0. % annual chance floodplain. ) The proposed use will be designed, constructed, operated and maintained so as to be compatible it appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use is existing and will not change the existing or intended character of the general vicinity or alter the essential character. 10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is existing and will deter church goers and tenants of the building to the south from parking on the street, thereby allowing for more on -street parking for surrounding residents and visitors to the downtown. area. 11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection., drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The use will not change and has been served adequately thus far. 1 ) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use will not change and therefore will not create additional requirements or cost. 1 ) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general- welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not involve anything that would be detrimental. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The use will create no more traffic congestion than already exists at the site. Resolution 017- 17 2 15) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Conditional Use Permit for a self- service storage facility and outdoor vehicle storage is granted, subject to the following conditions: 1) The Minor Subdivision, as approved by Resolution 2013-46, must be executed within one year of the date of approval of this Conditional Use Permit. 2) The Applicant shall execute and record a shared parking easement in a forma -acceptable to the t� City Attorney prior to the transfer of either 'Tract A' or 'Tract B,' as shown in the Certificate of Survey dated 11 -20-12 to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 3) The Applicant shall execute and record a drainage and utility easement across the ston-a water infiltration area in a form acceptable by the City Attorney prior to the transfer of either `Tract A' or 'Tract B' to another party. 4) Future improvements to the parking lot shall be in conformance with City Code and Design Standards. 5) The Applicant shall execute and record a drainage and utility easement across the existing storm sewer pipe located along the south property line of 'Tract A.' Passed and duly adopted this 2 f" day of February, 2017 by the City Council of the City of Lake Elmo, Minnesota. '4 J7TT ST: hnso C y Clerk Resolution 2017-017 I Michael Pearson, Mayor