HomeMy WebLinkAbout2018-077CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-077
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SCHOOL DISTRICT
TRANSPORTATION CENTER FOR A PORTION OF THE PROPERTY LOCATED AT 11530
HUDSON BOULEVARD 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 Pennit 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 I, Block 1 of Four Corners, with three separate outlots was submitted by Terry Emerson,
2204 Legion Lane Circle North, Lake Elmo, MN 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 1 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 Plarming Commission held a public hearing 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.
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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 1 of Pour 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 Pour 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.
l 0) 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 standru·ds for such use listed in Chapter 150, § 150.250 through 150.257
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(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
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.
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 storm water management plan 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
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:
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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 Comers 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 Comers 1st 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 oflnstallation
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 detennine 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
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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 Depaiiment. All fire hydrants shall be owned and maintained by the City.
13) That the applicant contribute a onetime payment of $150,000 in recognition oflost tax
revenue as well as the City's cost share of the future traffic signal at the intersection of
Manning A venue (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.
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Mike Pearson, Mayor