HomeMy WebLinkAbout2024-106CITY OF LADE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2024-106
A RESOL UTIONAPPROVING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF
AN EXISTING PUBLIC SCHOOL IN THE PUBLIC FACILITIES DISTRICT
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, ISD 834, (the "Applicant"), owner of the property
located at 820 Manning Avenue N PID# 36.029.21.11,0002 and 36.029.21.11.0003, Lake Elmo,
MN 55042 (the "Property") has submitted an application to the City of Lake Elmo (the "City")
for Conditional Use Permit the expansion of Oak Land Middle School; and
WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo
Zoning Code, Section 105.12.250; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 9, 2024; and
WHEREAS, the Lake Elmo Planning Commission submitted its report and
recommendation concerning the Conditional Use Permit request to the City Council as part of a
Staff Memorandum dated October 1, 2024; and
WHEREAS, the City Council considered said matter at its October 1, 2024 meeting.
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 (CUP) 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 to allow the expansion of Oak Land Middle
School as more fully described in application materials submitted to the City.
4) That the proposed Conditional Use Permit will be located on property to be legally
described as found in Exhibit A to this Resolution.
5) That a public school is designated as a Conditional Use within the PF —Public Facilities
Zoning District in Section 105.12.970 of the Zoning Ordinance; and
6) That 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.
7) That the proposed use conforms to the City of Lake Elmo Comprehensive Plan.
8) That the proposed use is compatible with the existing neighborhood.
9) That the proposed use meets all specific development standards for such use listed in
Article 7 of the Zoning Ordinance.
10) That 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.
11) That the proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring uses.
12) That 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:
13) That 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.
14) That 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.
15) That vehicular approaches to the property, where present, will not create traffic
congestion or interfere with traffic on surrounding public thoroughfares.
16) That the proposed use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicants' application for a Conditional Use Permit is granted
subject to the following conditions:
1. The Applicant must enter into a Site Improvement Agreement, in the City's Standard Form,
prior to issuance of a notice to proceed or any building permit for work on site.
2. Prior to the City signing or approving recording of the Final Plat or Site Improvement
Agreement, the Applicant shall fully address all comments in the following review memos,
or any subsequently revised memo, to the satisfaction of the City:
a. City Engineer's memo dated August 26, 2024,
b. City Landscape Architect's memo dated August 27, 2024,
c. City Fire Chief's memo dated August 26, 2024.
d. City Attorney's Plat Opinion.
3. The Applicant must incorporate operational improvements on site to eliminate queuing of
traffic accessing the site from Manning Avenue.
4. The Conditional Use Permit approval is contingent upon the Applicant agreeing to allow
the southern secondary school access to Manning Avenue to be relocated further south
when the future neighborhood collector roadway is needed to serve this future development
area.
Upon substantial completion of the project, as defined in the required site improvement
agreement, the school building must be connected to water and sewer,
The applicant must provide plans for the water and sewer connection to the satisfaction of
the City Engineer, Public Works Director, and Fire Chief prior to the release of the building
permit.
Water and Sewer Area Charges, and other fees as applicable, must be paid prior to issuance
of a building permit.
8. All city, state, or other necessary permits must be obtained prior to the release of the
building permit.
9. Substantial construction must take place within 12 months of the date on which the
conditional use permit was granted, and the Applicant must otherwise comply with
provisions of Section 105.12.290 Conditional Use Permits.
10. Prior to approval of the final construction plans, the Applicant must complete an
assessment of irrigation alternatives for the site.
Passed and duly adopted this I" day of October, 2024 by the City Council of the City of Lake
Elmo, Minnesota.
cj- � Z L - � /"' e�rl �"
Mayor Charles Cadenhead /Z
ATTEST:
Ju�nnity Clerk
RESOLUTION 2024-106
Exhibit A
Legal Description of Subject Property
Old Legal Descriptions:
PARCEL A:
The following parts of the North Half of the Northeast Quarter (NI/2 of NE1/4) of Section
Thirty-six (36), Township Twenty-nine (29) North, Range Twenty-one (21) West described as
follows: The East 666 feet of the said North Half of the Northeast Quarter and the West 234.9
feet of the East 900.0 feet of the South 891.8 feet, subject to public roadways along the North
and East side thereof and containing 25 acres more or less together with a perpetual easement for
utility purposes including but not limited to underground gas lines, electrical transmission lines,
and drainage, said easement tract being the south 50 feet of the West 1,571.1 feet of the East
2,472.5 feet of the said North Half of the Northeast Qurter (NI/2 of NEl/4) of Section Thirty-six
(36). (Description per Warranty Deed Doc. No. 212313)
PARCEL B:
All that part of the North Half of the Northeast Quarter (NI/2 of NEl/4) of Section Thirty-six
(36), Township Twenty-nine (29) North, Range Twenty-one (21) West, described as follows:
The West 732.68 feet of the East 1633.58 feet of the South 891.8 feet containing 15 acres more
or less. (Description per Warranty Deed Doc. No. 218479)
New Legal Descriptions:
Lot 1, Block 1, Oak -Land Middle School Addition