HomeMy WebLinkAbout2023-084CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023- 084
RESOL UTION APPROVING A ZONING MAP AMENDMENT OF PARCEL 91 FROM
COMMERCIAL PLANNED UNIT DEVELOPMENT (C-PUD) TO PUBLIC RIGHT-OF-WAY
AND PARCEL 92 FROM PUBLIC RIGHT-OF-WAY TO COMMERCIAL PLANNED UNIT
DEVELOPMENT (C-PUD).
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that includes
background data, policy statements, standards, and maps that help to guide the future physical,
social, and economic development of the City; and
WHEREAS, the City of Lake Elmo has established a Zoning Ordinance (Chapter 105)
within the City Code including zoning districts and a zoning map; and
WHEREAS, in July of 2023, the applicant entered into a land use exchange agreement
with the City of Lake Elmo; and
WHEREAS, the land exchange agreement requires a Comprehensive Plan amendment,
and zoning map amendment; and
WHEREAS, Parcel #1 (part of Lot 1, Block 1, EBERTZ ADDITION, Washington
County, Minnesota. PID 34.029.21.44.0004) is proposed to be amended from Commercial Planned
Unit Development (C-PUD) zoning to Right-of-way (ROW); and
WHEREAS, Parcel #2 (part of Parcel 33B, Minnesota Department of Transportation Right
of Way Plat No. 82-43, Washington County, Minnesota. PID 34.029.21.44.0012) is proposed to
be amended from Right-of-way (ROW) to Commercial Planned Unit Development (C-PUD)
zoning; and
WHEREAS, the public notice was published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.109, and MN State Statute 473.858; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing about the
proposed amendments on August 28, 2023; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation of approval to the City Council as part of a staff report dated August 28, 2023;
and
WHEREAS, the City Council considered the said matters at its September 19, 2023,
meeting and made the following findings of fact:
1. That the applicant has submitted a request to the City of Lake Elmo to amend the Zoning
Map in accordance with the procedures as established by the Lake Elmo Planning
Department and the Lake Elmo Planning Commission; and
2. That the request is to amend the Zoning Map for Parcel 1 from Commercial PUD (C-PUD)
to Public Right -of -Way; and
3. That the request is to amend the Zoning Map for Parcel 2 from Public Right -of -Way to
Commercial PUD (C-PUD).
4. That the proposed amendment is consistent with the overall intent and purpose of the City of
Lake Elmo Zoning Code.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve Drake
Motor Partners LE LLC Zoning Map Amendment subject to the following conditions:
1. The rezoning shall not be effective until such time as the Met Council approves the
Comprehensive Plan Amendment.
2. The applicant shall record the Zoning Map Amendment with the County Recorder upon
Met Council approval.
3. Parcel 1 shall be rescinded from PUD adopted with Ordinance 2023-011 on May 5, 2023.
4. Parcel 2 shall be included in the PUD adopted with Ordinance 2023-011 on May 5, 2023.
This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of
September 2023.
Charles Cadenhead, Mayor
ATTEST:
Julie bilson, it Jerk