HomeMy WebLinkAbout2022-097CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2022-097
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT WITH
CONDITIONS FOR A COMMERCIAL VEHICLE REPAIR USE IN SUITES 215-
220 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, Heppner's Auto Body (the "Applicant") has submitted an application to the
City of Lake Elmo (the "City") for a Conditional Use Permit for a commercial vehicle repair use in
suites 215-220 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 commercial vehicle repair use.
4) The approved Planned Unit Development for Crossroads East First Addition lists a commercial
vehicle repair 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 Low Density Residential
development to the north as the use is contained indoors and does not produce excessive
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 a commercial vehicle repair
use set forth in LEC 105.12.110(b) (6). Because the conditional use permit will run with the
land, any future commercial vehicle 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 100 (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.
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. Vehicles arriving onsite have already had body work completed
and just need sensor calibration inside the building. The conditions of approval are
designed to prevent nuisances.
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 notproduce excessive traffic, noise, fumes, glare, or odors.
Vehicles will be transported onsite intermittently throughout the day and immediately
brought indoors. The work does not include activities that produce noise, smoke,
fumes, glare, or odors.
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 commercial vehicle repair use is
permissible under the Conditions 1-10 as provided in the decision below, and incorporated
herein:
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 Heppner's Auto Body for a Conditional Use Permit for a
commercial vehicle repair use in suites 215-220 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 a certificate of occupancy.
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 before
receiving a certificate of occupancy.
4. The approval is for a commercial vehicle repair use in suites 215-220 only. Any expansion
beyond the designated suites will require approval from the City of Lake Elmo.
5. All work shall be conducted indoors.
6. No additional outdoor lighting shall be added without City approval.
7. The Fire Department must review if there is a change of use in the space in the future.
Passed and duly adopted this 18th day of October, 2022 by the City Council of the City of
Lake Elmo, Minnesota.
Mayor Charles Cadenhead
ATTES
Julie Johns n, ity C r