HomeMy WebLinkAbout2022-095CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2022-095
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT WITH
CONDITIONS FOR AN AUTOMOTIVE MAINTENANCE AND REPAIR USE IN
SUITES 140-145 AT 11160 HUDSON BOULEVARD N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Carden Equities (the "Applicant") has submitted an application to the City of
Lake Elmo (the "City") for a Conditional Use Permit for an automotive maintenance and repair use in
suites 140-145 at 11160 Hudson Blvd N (PID# 3602921330020) (the "Property"); and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on
September 26, 2022; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 18, 2022; and
WHEREAS, the City Council considered said matter at its October 18, 2022 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 105.12.290.
2) That all the submission requirements of said Section 105.12.290 have been met by the
Applicant.
3) That the proposed Conditional Use Permit is for an automotive maintenance and repair use.
4) The approved Planned Unit Development for Crossroads East First Addition lists an automotive
maintenance and repair use as a conditional use.
5) 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 will not endanger
the public health, safety, comfort, convenience or general welfare of the neighborhood or
the City.
6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site
has already been rezoned to the zoning guided by the 2040 Comprehensive Plan.
7) The use or development is compatible with the existing neighborhood. The proposed use
is within the Crossroads East First Addition development. The lot directly to the east is
also within the Crossroads East First Addition development, which is allowed similar
permitted or conditionally permitted uses. The property to the west is undeveloped, but is
guided for Mixed -Use Commercial zoning which has the ability to incorporate vehicle
related uses as well. As proposed, the use will have little to no impact on the Low
Density Residential development to the north as the use is contained indoors and does
not produce excessive traffic, noise, fumes, glares, or odors. The developer is improving
the screening along the residential development by placing a 6 foot high opaque fence
on top of the existing berm and relocating trees by December 31, 2022.
8) The proposed use meets all specific development standards for such use listed in the Zoning
Code. The use meets all the specific development standards for an automotive
maintenance and repair use set forth in LEC 105.12.950(h). Because the conditional
use permit will run with the land, any future automotive maintenance and repair use
must also meet the standards.
9) 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 Article XIX (Shoreland Management)
and Title I00 (Flood Plain Management). The proposed use is not in a flood plain
management or shoreland area.
10) 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 use does not require the
construction of any new buildings or change in appearance of the Crossroads East
Office Warehouse. The building has already been approved and near completion. All
work and storage of vehicles will be indoors with the exception of an occasional trailer.
11) 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 not hazardous and will not create a
nuisance. All work is to be conducted indoors. There will be many weeks with little to
no activity onsite while owners and employees travel the country.
12) 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 proposed use will be served adequately by essential public facilities and services.
13) 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 proposed use will not create excessive additional requirements at a
public cost.
14) 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. As
proposed, the use will not produce excessive traffic, noise, fumes, glare, or odors. All
vehicle maintenance and repair activities will be conducted indoors and the amount of
traffic generated is minimal based on the projected number of vehicles, trailers, and
employees onsite at any given time.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The amount of traffic produced
by this use alone should not create congestion on approaches to the property or interfere
with traffic on surrounding public thoroughfares. Approval of the Crossroads East
development required the installation of turn lanes into the property entrance,
minimizing the chances for traffic congestion.
16) The proposed use will not result in the destruction, loss, or damage of a natural or scenic
feature of major importance. The use will not result in the destruction, loss, or damage of
a natural or scenic feature of major importance.
17) That, in accordance with City Code Section 105.12.290, the automotive maintenance and
repair use shall be permissible under the Conditions 1-10 as provided in the decision below,
and incorporated herein:
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake Elmo
hereby approves the request by Carden Equities for a Conditional Use Permit for an automotive
maintenance and repair use in suites 140-145 on the property located at 11160 Hudson Blvd N,
and grants the same, subject to the following conditions of approval:
1. The applicant must obtain all other necessary City, State, and other governing body permits
and approvals before receiving an occupancy permit.
2. Intensification of the use beyond what is proposed and approved will require City approval of
a Conditional Use Permit Amendment.
3. All conditions in the Fire Chief's memorandum dated September 9/9/22 must be met prior to
receiving an occupancy permit.
4. This approval is for an automotive maintenance and repair use in suites 140-145 only. Any
expansion outside the designated suites will require approval from the City of Lake Elmo.
5. A change in use of the proposed space shall require a review from the Fire Department.
6. All work shall be conducted indoors.
7. No additional outdoor lighting shall be added without City approval.
Passed and duly adopted this 18th day of October, 2022 by the City Council of the City of
Lake Elmo, Minnesota.
Mayor Charles Ca enhead
ATTES
Julie Johns n, ity e