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HomeMy WebLinkAbout2026-067CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2026-067 RESOLUTIONDENYING THE GRADING PERMIT REQUEST BY FRATTALONE DEVELOPMENT FOR THE PROPERTYLOCATED AT 10830 STILLWATER BOULEVARD N. WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City 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, Frattalone Development, Inc. (the "Applicant") is the owner of the property located at: 10830 Stillwater Boulevard N. (PID 14.029.21.41.0030)(the "Property"); and WHEREAS, the Applicant desires to deposit approximately 60,000 cubic yards of fill, demolish structures, and complete various stormwater improvements on the Property (the "Request"); and WHEREAS, the Request was submitted to the City on June 8, 2026, along with subsequent revisions; and WHEREAS, the Request was not found by the City to be complete until September 25, 2026; and WHEREAS, Section 105.08.060 of the City Code requires a person to obtain a grading and excavation permit from the City when they desire to move more than 50 cubic yards of material. Additionally, all grading and excavating applications that result in the moving of more than 400 cubic yards of material per acre of site area require city council approval and a public hearing; and WHEREAS, the City Council conducted a duly noticed public hearing on the Request at its regular meeting on October 6, 2026; and WHEREAS, after holding the public hearing and receiving public continent, the Lake Elmo City Council reviewed the Request and voted to deny the Request with the following findings of fact: 1. The Property is not planned for development in the City's Comprehensive Plan until 2035 per Map 3-7 of the City of Lake Elmo's adopted 2040 Comprehensive Plan. 2. That the requirements of City Code Section 105.08.060 (g) related to the completeness of the grading plans have not been met by the Applicant. The Applicant has not provided a traffic analysis that shows how the fill materials will be delivered to the site. 3. That the Request consists of the fill, movement, or grading of approximately 60,000 cubic yards of earth in addition to stormwater management. Moving this large volume of fill will require several thousand dump truck loads going to and from the Property which may damage newly constructed CSAH 14 and impact neighboring businesses and residences. 4. That the Request is not consistent with City Code Section 105.08.060 0) criteria 2 and 3 because it will alter the Property's condition in such a manner that may preclude certain future development by adding a large volume of fill to the Property and by creating stormwater pending areas, both of which would be costly to move or alter. This may create unreasonable barriers for certain future development projects that would be consistent with the City's adopted Comprehensive Plan and land use regulations. 5. That the Request is not consistent with City Code Section 105.08.060 0) criterion 5 as the resulting condition of the Property after the addition of a large amount of fill will not resemble the original vegetative or topographical state of the Property. By adding 60,000 cubic yards of fill, the Property will be noticeably elevated from prior pre -development conditions. 6. That the Request is not consistent with City Code Section 105.08.060 0) criterion 8 as the Applicant has not provided a plan for traffic movements to and from the Property that accounts for the volume and direction of heavy vehicle traffic needed to transport the fill and grade the Property as proposed. NOW, THEREFORE, BE IT RESOLVED THAT based on the above findings of fact, the City Council does hereby deny the Applicant's request for a grading permit for the property located at 10830 Stillwater Boulevard North. The City Council's denial of the Applicant's Request is for the following reasons: 1. That the Request is not presently in compliance with the City Code Section 105.08.060 providing criteria for approval of grading and excavation permits. 2. There are no development plans for the Property which demonstrate a need for the amount of grading proposed in the Request. It is not in the best interest of the City to approve a grading project this large of a scale, which may prematurely and irreparably modify the Property so that it is in such a condition that it will result in the loss of certain opportunities for future development projects that are consistent with the City's Zoning Code and Comprehensive Plan. 3. The Property is not presently allowed to develop until 2035 based on the adopted 2040 Comprehensive Plan. It is not in the best interest of the City to approve a grading project of this scale at this time as the Comprehensive Plan and associated future land use map could be modified before the Property is allowed to develop. 4. No plans or analysis have been provided by the Applicant for understanding the nature of traffic impacts during the grading activities. It is not in the best interest of the City to approve a request which does not articulate how impacts of grading will be accounted for. 2 Passed and duly adopted this 20`h day of October 2026 by the Lake Elmo City Council. Jeff Holtz, Acting Mayor ATTEST: M Jute J h so , City Clerk