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RESOLUTION 2018-100
A RESOL UTION APPR 0 VING A CONDITIONAL USE PERMIT FOR A DAY CARE FACILITY
FOR PJD# 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:
FINDINGS
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 2018-100
5090200 SJS LA515-1
a} A Conditional Use Permit for a day care center to be called Growing Explorers
for Lot 1, Block 1, 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.
Resolution 2018-100 2
5090200 SIS LA515-1
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby approves the request by Sliamsi, 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 cornmencenient of any construction activity on the parcel including but not
limited to an approved stonnwater management plan, utility plans, grading plan, street
construction plans (if required), parking lot permit, building pen -nits, 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 o,'vned and maintained by the City.
Passed and duty adopted this 4h day of September. 2018 by the City Council of the City of Lake
Elmo, Minnesota.
''Mike' P- Mayor
ATTEST:
.Tull kJJ1'mson,\ tot 'Clerk
Resolution 2018-100 3
509020vi SJS LA515-1