HomeMy WebLinkAbout2018-099CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-099
RESOL UTIONAPPR 0 VING THE GROWING EXPLORE, RS FINAL PLA TAND PLAMVED
UNIT DEVELOPMENT (PUD) PLANS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Shamsi, LLC, 9568 Killington Road, Woodbury, MN 55125 (the
"Applicant") submitted an application to the City of Lake Elmo (the "City") for a Final Plat and
Planned Unit Development Plans, copies of which are on file in the City of Lake Elmo Planning
and Zoning Department; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on August 15,
2018 to consider the Final Plat and PUD Plans; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat and PUD Plans subject to conditions of approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Final Plat and PUD Plans as part of a memorandum' to the City
Council from the Planning Director for the August 21, 2018 Council Meeting; and -
WHEREAS, the City Council reviewed the application at its meeting held on August 21,
2018 and made the following findings:
1. That, all the requirements of City Code Section 153.10 related to the Final Plan and Final Plat
have been met by the Applicant,
2, That the Growing Explorers Final Plat and PUD Plans are generally consistent with the Boulder
Ponds Preliminary Plat and PUD Plans as approved by the City of Lake Elmo on September 16,
2014 by Resolution 2014-73.
1) That the Growing Explorers Final Plat and Final PUD Plan is consistent with the Lake
Elmo Comprehensive Plan and the Future Land Use Map for this area.
2) That the Growing Explorers Final Plat generally complies with the City's Commercial
zoning district except for the required setbacks of the parking area (32.7 feet where 35
feet is required) and building (33.6 feet where 50 feet is required) from residential zones.
Resolution 2018-099
3) That the Growing Explorers Final Plat complies with all other applicable zoning
requirements, including the City's landscaping, storm water, sediment and erosion
control and other ordinances,, except as noted in this report or attachment thereof.
4) That the, Growing Explorers Final Plat complies with the City's subdivision ordinance.
5) That the Growing Explorers Final Plat and Final PUD Plan complies with the City's
Planned Unit Development Ordinance.
6) That the Growing Explorers Final Plat is consistent with the City's engineering standards
with the exceptions noted by the City Engineer in his review comments to the City dated
August 2, 2018.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Growing Explorers Final Plat and PUD Plans subject to the following conditions:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall he reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
to the plat and plans requested by the City Engineer in memos dated August 2, 2018 shall be
incorporated into these documents before prior to signing the Plat for recording.
2) Prior to the release of the Final Plat for recording, the Developer shall enter into a
Developer's Agreement acceptable to the City Attorney and approved by the City
Council that delineates who is responsible for the design, construction, and payment of
the required improvements with financial guarantees therefore.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to recording. Easements may need to be revised
pending review by the City of a detailed right-of-way boulevard plan and updated
grading plans showing the storm water high water levels.
4) The Final Landscape and Irrigation Plans shall be submitted for review and approval by
the City Landscape Architect Consultant prior to the release of building permits.
5) The applicant must obtain all other necessary City, State, and other governing body permits
prior to the commencement of any construction activity on the parcel including but not
limited to building permits, conditional use pen -nits, South Washington Watershed District
permit, etc.
6) Any plans for construction on the newly created parcel must comply with the Lake Elmo
Design Standards Manual and specific general site considerations and development
standards for specific uses within the Commercial zoning district,
7) The site plan is subject to a storm water management plan meeting State, South Washington
Watershed District and City rules and regulations. All applicable permits must be obtained.
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Resolution 2018-099
8) A Stormwater Maintenance and Easement Agreement in the City's Standard form is
required for the privately -owned system.
Passed and duly adopted this 4th day of September, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Mayor
Julie Johnson, City Clerk
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Resolution 2018-099
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-
A RESOLUTIONAPPROT17NG A CONDITIONAL USE PERMITFOR A DAY CARE FACILITY
FOR PID# 34.029.21.33.0022
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Shamsi, LLC, 9568 Hillingdon Road, Woodbury, MN 55125 (the
"Applicant") has submitted an application to the City of Lake Elmo (the "City") for a
Conditional Use Permit for a daycare facility for Outlot A of Boulder Ponds I' Addition (PID#
34.029.21.33.0022) (the "Property"); and
WHEREAS, a request for approval of the Growing Explorers Final Plat and Planned
Unit Development Plans -was also submitted by the Applicant for Outlot A of Boulder Ponds 111
Addition; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on August 15, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated August 15, 2018, and
WHEREAS, the City Council considered said matter at its August 21, 2018 meeting; and
NOW, THEREFORE,, based on the testimony elicited and information received, the City
Council makes the following:
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1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
Resolution 2018-
509020vl SJS LA515-1
a) A Conditional Use Permit for a day care center to be called Growing Explorers
for Lot 1, Block I, Growing Explorers.
4) That the City approved the Applicant's request for the Growing Explorers Final Plat and
PUD Plans,
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.
6) The use or development conforms to the City of Lake Elmo Comprehensive Plan, as the
property is guided for Commercial, and a day care center is a conditional use in the
Commercial zoning district.
7) The use or development is compatible with the existing neighborhood.
8) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter.
9) That 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.
11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures.
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
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.
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
trips generated to the site will be limited to certain times of the day.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
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5090200 SJS LA515-1
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of mgjor importance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby approves the request by Shainsi, LLC for a Conditional Use Permit for a day care
center with the following conditions of approval:
1) The applicant must obtain all other necessary City, State, and other governing body permits
prior to the commencement of any construction activity on the parcel including but not
limited to an approved stormwater management plan, utility plans, grading plan, street
construction plans (if required), parking lot permit, building permits, etc.
2) The Applicant shall submit a photometric plan, and all lighting must meet requirements
of Sections 150.035-150.038 of the City Code.
3) 3) Landscape plans must be approved by the City"s Landscape Architect prior to
recording of the final plat. The landscape plans must meet all city screening
requirements including screening of the playground equipment from adjacent properties
and the public right-of-way, except that screening on the northern portion of the property
does not need to include a masonry wall, fence, or vegetative hedge row.
4) A sign permit shall be obtained prior to erection of any sign on the property.
5) The proposed building shall meet the Lake Elmo Design Guidelines and Standards,
6) Applicant shall be responsible to place hydrants throughout the property at the direction
of the Fire Department. All fire hydrants shall be owned and maintained by the City,
Passed and duly adopted this 4 Ih day of September 2018 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Mayor
JulikiAmscan, CityVerk
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