HomeMy WebLinkAbout2022-096CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2022-096
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT WITH
CONDITIONS FOR A MOTOR FREIGHT AND WAREHOUSING USE IN SUITE
345 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, Delwin Transfer (the "Applicant") has submitted an application to the City of
Lake Elmo (the "City") for a Conditional Use Permit for a motor freight and warehousing use in
suites 345 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 a motor freight and warehousing use.
4) The approved Planned Unit Development for Crossroads East First Addition lists a motor freight
and warehousing 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. The conditions of approval are designed to
minimize any impacts on existing and future residential neighborhoods. The developer
is also 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 to negate negative impacts on the residential development to the north.
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 motor freight and
warehousing use set forth in LEC 105.12.110(b)(11). Because the conditional use
permit will run with the land, any future motor freight and warehousing 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
maintenance and storage of equipment and parts will be done indoors. The planned
improved screening will also help protect the essential character of the area.
11)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 is not of a hazardous
nature, nor should it create a nuisance. In addition to the nuisance standards in the City
Code, the conditions of approval were created in order to prevent negative impacts on
existing or future neighboring structures.
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 due to
the recommended conditions of approval. All maintenance and repair activities will be
conducted indoors. Vehicles used for the shipment of goods and materials are not
operating onsite the majority of the day, nor do all vehicles operate every day.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The proposed use should not
create traffic congestion or interfere with traffic on the 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 commercial vehicle repair use is
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 Delwin Transfer for a Conditional Use Permit for a motor freight
and warehousing use in suite 345 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 a motor freight and warehousing use in suite 345 only. Any expansion
outside the designated suite space will require approval from the City of Lake Elmo.
5. Outdoor storage of transfer materials is not included in this approval.
6. Overhead doors shall remain closed unless a vehicle is entering or leaving the tenant space.
7. There shall be no more than 16 shipment vehicles and trailers onsite.at any one time.
8. No additional outdoor lighting shall be added without City approval.
9. Tractors and trailers may only park in the in the designated parking area located in the central
northern area of the plans of Crossroads East First Addition of Lot 1, Block 1.
Passed and duly adopted this 18th day of October, 2022 by the City Council of the City of
Lake Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST•
Julie Johnson, City Clerk