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8. If the proposed use is in a floodplain management or shoreland area, the proposed use <br />meets all the specific standards for such use listed in LEC 105.04, LEC 105.12.1230 and <br />LEC title 100. <br />9. The proposed use will be designed, constructed, operated and maintained so as to be <br />compatible in appearance with the existing or intended character of the general vicinity <br />and will not change the essential character of that area. <br />10. The proposed use will not be hazardous or create a nuisance, as defined under this <br />chapter, to existing or future neighboring structures. <br />11. The proposed use will be served adequately by essential public facilities and services, <br />including streets, police and fire protection, drainage structures, refuse disposal, water <br />and sewer systems and schools or will be served adequately by such facilities and <br />services provided by the persons or agencies responsible for the establishment of the <br />proposed use. <br />12. The proposed use will not create excessive additional requirements at public cost for <br />public facilities and services and will not be detrimental to the economic welfare of the <br />community. <br />13. The proposed use will not involve uses, activities, processes, materials, equipment and <br />conditions of operation that will be detrimental to any persons, property or the general <br />welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. <br />14. Vehicular approaches to the property, where present, will not create traffic congestion or <br />interfere with traffic on surrounding public thoroughfares. <br />15. The proposed use will not result in the destruction, loss or damage of a natural or scenic <br />feature of major importance. <br />16. That, in accordance with 105.123.290, the establishment of a daycare center at 11899 <br />Upper 40th St. shall be permissible under the Conditions 1-10 as provided in the decision <br />below, and incorporated herein: <br />DECISION <br />NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information <br />received and the above findings, that the City Council of the City of Lake Elmo hereby approves <br />the request by Primrose Schools Franchise Corporation for a Conditional Use Permit for the <br />establishment of a daycare center at It 899 Upper 40th St., Lake Elmo, MN 55042, and grants <br />the same, subject to the following conditions of approval: <br />1. The applicant must obtain all other necessary City, State, and other governing body <br />permits and approvals before the commencement of any construction activity on the site. <br />These include, but not limited to, City of Lake Elmo permits, Minnesota Pollution <br />Control Agency stormwater permit, Valley Branch Watershed District permit, approval <br />of revised plans from the City Engineer, and building and zoning permits. <br />2. If substantial construction has not taken place within 12 months of the City's approval, <br />the conditional use permit shall become void. <br />