HomeMy WebLinkAbout#12 - Growing Explorers Final Plat, PUD & CUP reduced size STAFF REPORT
DATE: 9/4/2018
REGULAR
ITEM #: 12
MOTION
TO: Planning Commission
FROM: Emily Becker, Planning Director
AGENDA ITEM: Final Plat and Planned Unit Development (PUD) Plans and Conditional Use
Permit for Day Care Facility to be called Growing Explorers Learning Center
REVIEWED BY: Ben Prchal, City Planner
Jack Griffin, City Engineer
BACKGROUND:
The City has received a set of applications from Shamsi, LLC for Final Plat and PUD Plans and a
conditional use permit for Outlot A of Boulder Ponds.
ISSUE BEFORE COUNCIL:
The Council is being asked to review the request for approval of Final Plat and PUD Plans and a
conditional use permit for the 1.54 acre Outlot A of Boulder Ponds for the development of a childcare
facility that will service the surrounding developments and approve or deny the requests.
PROPOSAL DETAILS/ANALYSIS:
Applicants: Shamsi, LLC, 9568 Hillingdon Road, Woodbury, MN 55125
Property Owners: Shamsi, LLC, 9568 Hillingdon Road, Woodbury, MN 55125
Location: Outlot A, Boulder Ponds, PID# 34.029.21.33.0022
Request: Final Plat and PUD Plans and Conditional Use Permit for a daycare facility
Existing Land Use: Vacant property
Existing Zoning: C - Commercial
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Surrounding Land
Use / Zoning:
South – I-94 and Woodbury; West – Boulder Ponds outlot and Park Dentail
(BP – Business Park); East – Vacant land including City-owned outlot for
stormwater purposes (C - Commercial); North – Vacant land (HDR – High
Density Residential)
Comprehensive
Plan Guidance:
C - Commercial
Deadline(s) for
Action:
Application Complete – 7/19/2018
60 Day Deadline – 9/17/2018
Extension Letter Mailed – No
120 Day Deadline – N/A
Applicable
Regulations:
Chapter 153 – Subdivision Regulations
§154.210 – Off-Street Parking
Article XIV: Commercial Districts
§154.258: Landscape Requirements
FINAL PLAT AND PUD PLANS
Minimum Lot Size Requirements. The parcel is consistent with the outlot created as part of the Boulder
Ponds 1st Addition Final Plat and meets the minimum lot size and width requirements of the Commercial
zoning district.
Parkland Dedication. The City requires $4500 per acre for commercial subdivisions. The proposed
subdivision will create one new lot of 1.54 acres. Therefore, it is recommended that a condition of
approval require the applicant to pay $6,930 ($4500 X 1.54 acres) in park dedication fees for this
development should the plan move forward.
City Engineer Review.
Stormwater Management
• The stormwater pond located on the east side of Jade Trail North on City owned Outlot E was
designed to accommodate an impervious surface coverage of 85% for this site, so the stormwater
pond is sufficient to handle the proposed impervious (58%) on the site. No building roof runoff is
allowed to discharge to the existing drainage swale/infiltration basin located just west of Outlot
A.
Site Plan
• The proposed access locations appear acceptable.
Storm Sewer
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• A private storm sewer is proposed interior to the site to capture and convey storm water runoff to
the City owned storm water pond located on Boulder Ponds Outlot E.
• A Stormwater Maintenance and Easement Agreement in the City’s Standard form is required for
the private owned system.
Sanitary Sewer and Water Main Plans
• No new fire hydrants are being proposed. If additional locations interior to the site are
required, the fire hydrants and connecting water main will be City owned and maintained,
and project specifications must be revised and resubmitted for City review, showing the
proposed hydrants and connection watermain using City design standards, details and
specifications. Utility easements must be dedicated to the City at least 30-feet wide
centered over the pipe and hydrants, and all easements must be shown on appropriate
plans.
Preliminary Plat Conditions. Because conditions of approval for the preliminary plat for Boulder Ponds
were related to the single family residential development, Staff will not be providing an analysis if
preliminary plat conditions have been met.
Recommended Findings.
1) That the Growing Explorers Final Plat and Final PUD Plan is generally consistent with the
Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014.
2) 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.
3) 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.
4) 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.
5) That the Growing Explorers Final Plat complies with the City’s subdivision ordinance.
6) That the Growing Explorers Final Plat and Final PUD Plan complies with the City’s Planned Unit
Development Ordinance.
7) 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.
Recommended Conditions of Approval. Staff recommends the following conditions be attached to
approval of the Growing Explorers Final Plat and PUD Plans:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall be reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
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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 permits, 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.
8) A Stormwater Maintenance and Easement Agreement in the City’s Standard form is required for
the privately-owned system.
CONDITIONAL USE PERMIT
Request. A day care center is a conditional use within the Commercial zoning district and so requires a
conditional use permit. The proposed day care center will serve approximately 180 children within a
building approximately 13,000 square feet in size, which will sit on the west half of the property and
include an exterior playground of approximately 10,000 square feet on the west side of the building (not
shown on the plans). At full capacity, the day care center will have approximately 30 employees and
operate from 6:30am to 6:30pm Monday through Friday. The timeline for opening the day care center as
indicated in the applicant’s narrative is spring of 2019; construction is predicted to begin this fall.
Setback and Impervious Surface Requirements. The following table outlines how the proposed use
adheres to the setback and impervious surface requirements of the Commercial zoning district. All of the
proposed requirements are met except for the required rear yard setback of the parking area and building
from residential areas. Because this is part of a PUD, flexibility may be allowed without a variance. Staff
does not find this to be unreasonable, as the use is not much more intensive than would be a 90 to 95 unit
apartment building, for which the property to the north is planned to be used for. This flexibility is noted in
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the recommended findings for the final plat and PUD plans in order to memorialize that it is allowed within
this development. If the Council wishes, it may required that it be a condition of approval of the conditional
use permit that these required setbacks from the residential zone to the north be met.
Commercial District – Zoning Standards
Standard Required Proposed
Maximum Height 45 feet Not provided
Maximum Impervious Coverage 75% 57.5%
Front Yard Setback – Building 30 feet 131 feet
Interior Side Yard Setback – Building 10 feet 33.6 feet
Corner Side Yard Setback – Building 25 feet 36.1 feet
Rear Yard Setback - Building 30 feet 46 feet
Residential Zones – Building 50 feet 33.6 feet
Front Yard – Parking 15 feet 18 feet
Interior Side Yard – Parking 10 feet 32.7 feet
Corner Side Yard – Parking 15 feet Approximately 50 feet
Rear Yard - Parking 10 feet 119 feet
Residential Zones – Parking 35 feet 32.7 feet
Minimum Building Floor Size N/A N/A
General Site Design Considerations, Commercial Districts. The following outlines how the proposed
development adheres to the City’s General Site Design considerations for the Commercial zoning district.
Circulation.
o Internal connections when feasible. There are no feasible internal connections to the site. The site
will be accessed off of Jade Trail North.
o Curb cuts minimized. There are two proposed curb cuts in order to provide better circulation.
Fencing and Screening. There’s a berm on the south end of the property facing Hudson, and it is a
recommended condition of approval that the play area be fenced.
Lighting Design. It is a recommended condition of approval that the applicant submit a photometric
plan that meets the requirements of Sections 150.035-150.038 of the City Code.
Exterior Storage. The playground is not shown on the plans, as the location has not yet been
determined by the applicant. It is a recommended condition of approval that the playground be fenced
and screened from view of adjacent properties and the public right-of-way.
Standards for Day Care Centers within the Commercial Zoning District. There are no specific use
standards for a day care center within the Zoning Code. The definition indicates that a day care center is a
facility operated for the purpose of providing care, protection, and guidance to 14 or more individuals
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during only part of a 24-hour day. The application indicates that the hours of operation will be from 6:30
am to 6:30 pm, and so this requirement is met.
Parking Lot Requirements
Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked
with painted lines at least four inches wide. This is shown on the plans.
Curbing. Open off-street parking areas designed to have head-in parking along the property line shall
provide a bumper curb or barrier of normal height. This is shown on the plans.
Accessible Parking. The proposed number of parking spaces is 56, of these, three are handicap –
accessible with van access, which meets the Americans with Disabilities Act (ADA) requirements.
Parking Lot Screening Standards
Interior Parking Lot Landscaping. At least 5% of the parking lot is devoted to islands or corner
planting beds as is required per the City’s interior parking lot landscaping standards. Additionally, the
number of trees required to be provided within these interior islands and corner beds is not met, as six
are required and five are proposed.
Perimeter Parking Lot Landscaping.
o Frontage Strip. A well-over five-foot wide frontage strip is provided between the parking area
and street. Screening has been provided along Jade Trail in the form of shrubs and along Hudson
Boulevard, berming is provided as screening. The requirement that one deciduous tree be planted
every 50 linear feet has been met along Jade Trail with the existing trees that were planted with
the development of Boulder Ponds, but this requirement has not been met along Hudson Bouevard.
At least one more tree will be required to be planted along Hudson in front of the parking lot.
Screening. Screening is required to provide visual and noise separation of intensive uses from less
intensive uses. The property to the north is guided for High Density residential. It is recommended
that the screening be provided to screen the property to the north that consists of either a masonry wall
or fence in combination with landscape material that forms a screen at least six feet in height and at
least 90% opaque on a year-round basis and include at least one deciduous or coniferous tree per 40
linear feet along the property line. Currently, there is no screening provided except for three Black
Hills Spruces. Screening will need to be provided, meeting standards, and at least three more
coniferous or deciduous trees will be required in the northern area of the property.
Landscape Plans. The applicant has submitted landscape plans which have been reviewed by the City’s
landscape architect. Below is a summary of the comments:
• The submitted landscape plan does not include the required number of trees, as 19 are
required, and 16 are proposed.
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• Screening is required at the northern edge of the parcel due to the parcel to the north being
of a less intense use.
• One additional interior parking lot landscaping trees are required.
• Utility conflicts need to be corrected.
Lake Elmo Design Guidelines and Standards. The property is located within the I-94 district, and
therefore must adhere to the Lake Elmo Design Guidelines and Standards.
• Site Design. Building is set back at least 30 feet from the right-of-way and oriented parallel to the
street, providing convenient access to entrances and efficient on-site circulation.
• Streetscape. Streetscape was provided with the landscaping installed by the residential
development along Jade Trail and will be provided along Hudson Boulevard as a recommended
condition of approval.
• Landscaping. Trees and plant beds are utilized. Parking, service, storage and utility areas are
buffered by plantings.
• Parking. Parking areas utilize more than 60% of primary street frontages, but additional
landscaping is provided adjacent to the primary street. The entrance to parking is located on
secondary streets.
• Building Design. There are no blank facades without windows or doors, and continuous expanses
of wall through façade articulation, recession and projection is utilized.
• Building Materials. The building materials include fiber cement siding and ledge stone. The roof
will consist of textured shingles.
• Scale and Mass. Building is broken down in the front and there are multiple roof and ridgelines
perpendicular with one another to avoid monotonous design.
City Engineer Review. This can be referenced in the Preliminary and Final Plat section of this report.
Building Official Review. Due to a potential conflict of interest, the Fire Chief did not provide comment,
but the Building Official has indicated that two additional fire hydrants will be needed in order to provide
proper fire protection to the building. These are preferred to be located within the parking lot islands due
to the configuration of the parking lot. Utility plans will need to be updated with these fire hydrants, with
30 foot easements over the watermains and hydrants, and the Development Agreement will require security
for the cost of this infrastructure
Recommendation Findings. Staff recommends the following findings:
1. 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. The proposed
use will not be detrimental or in any way endanger the public health, safety, comfort
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
property is guided for Commercial, in which a day care center is a conditional use.
3. The use or development is compatible with the existing neighborhood. The proposed use
is compatible with the existing neighborhood and will serve nearby residents in need of
its services.
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4. The proposed use meets all specific development standards for such use listed in Article 7
of this Chapter. There are no specific development standards for a day care facility,
though the use does meet the general site design considerations of the Commercial
districts.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Chapter 150, §150.250 through
150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The
property is located outside the 0.2% annual chance floodplain and shoreland area.
6. 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. The proposed use will be
compatible in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the area.
7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures. The proposed use will not be
hazardous or create a nuisance.
8. 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.
The proposed use will be adequately served by all of these.
9. 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. The use will not create excessive additional requirements at public cost.
10. 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.
The proposed use will generate a significant number of trips per day, though this will
be limited to certain times of the day.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. A minor amount of traffic
congestion could be created from the significant number of trips to the site, though
these would be limited to certain times of the day.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommended Conditions of Approval. If the Council wishes to approve the CUP, staff recommends the
following conditions:
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
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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) 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 on
the northern portion of the property and of the playground equipment from adjacent properties
and the public right-of-way.
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.
Planning Commission Review. The Planning Commission reviewed the Final Plat and PUD Plans and
Conditional Use Permit requests at its August 15, 2018 meeting. The Planning Commission amended the
following condition of approval with a vote of 4-3, as they did not feel screening on the northern portion
of the property was needed. The recommended condition of approval was amended to read the following:
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 on
the northern portion of the property and 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.
The Planning Commission recommended approval of the Final Plat and PUD Plans and CUP with a vote
of 7-0.
FISCAL IMPACT:
The City will collect Sewer Accessibility Charges and Water Accessibility Charges, building permit
fees, and property taxes.
OPTIONS:
The Council may:
• Approve the Final Plat and PUD Plans and Conditional Use Permit with recommended findings
and conditions of approval.
• Approve the Final Plat and PUD Plans and Conditional Use Permit with amended findings and
conditions of approval.
• Approve either the Final Plat and PUD Plans or Conditional Use Permit, citing recommended
findings for denial and approve either the Final Plat and PUD Plans or Conditional Use Permit with
recommended or amended findings and conditions of approval.
• Deny both the Final Plat and PUD Plans, citing findings for denial.
City Council Meeting 9/4/2018 Item #
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RECOMMENDATION:
Staff and the Planning Commission recommend approval of the Growing Explorers Final Plat and PUD
Plans with recommended findings and conditions of approval:
“Move to adopt Resolution 2018-099 approving the Growing Explorers Final Plat and PUD Plans
with recommended findings and conditions of approval as drafted by Staff.”
Staff and the Planning Commission recommend approval of the Conditional Use Permit for a day care
facility to be called Growing Explorers Learning Center:
“Move to adopt Resolution 2018-100 approving a Conditional Use Permit for a day care facility to be
called Growing Explorers Learning Center.”
ATTACHMENTS:
• Applications and Narrative
• Growing Explorers Final Plat
• Plans
• Elevation and Floor Plans
• City Engineer Review Memo dated August 2, 2018
• Landscape Architect Review Memo
• Resolution 2018-099 approving the Final Plat and PUD Plans
• Resolution 2018-100 approving the CUP
G r o w i n g E x p l o r e r s P L A T P a g e 1 | 4
Name of Project: Growing Explorers Learning Center
Name of applicant:
SHAMSI LLC
Attn: Ahmad Shamsi
(715) 559 – 9575
FINAL PLAT APPLICATION
1. Completed Land Use Application Form: Exhibit GE.0100 – Land Use Application.
- Exhibit GE.0500 – Signed Escrow Agreement for Municipal Review Services.
2. Written Statements:
a. Applicants and Representatives:
i. Owner of Growing Explorers LLC
Ahmad Shamsi
9568 Hillingdon Road
Woodbury, MN 55125
ii. Owner of Shamsi LLC
Abdul R. Shamsi
213 Windward Island
Clearwater, FL 33767
iii. Manager of Shamsi, LLC
Ahmad Shamsi
9568 Hillingdon Road
Woodbury, MN 55125
iv. Architect of Project
HPA Architecture LLC
Hal Pierce
5930 Kirkwood Lane N.
Plymouth, MN 55442
v. Surveyor
E.G. Rud and Sons, Inc.
Jason Rud
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
vi. Soil Testing
ITCO Allied Engineering Co.
Robert Sullentrop P.E.
7125 West 126th Street, Suite 500
Savage, MN 55378
vii. General Contractor
Obtain contractor bids as project plans are finalized and approved.
G r o w i n g E x p l o r e r s P L A T P a g e 2 | 4
b. Site Data:
Address: Outlot A, Jade Trail N, Lake Elmo 55042
Current Zoning: C – PUD
Size: 1.540 Acres (67,082 square feet)
Parcel Number: 34.029.21.33.0022
Legal Description: Lot A Subdivision 2911 Sub division name Boulder Ponds
c. Final Subdivision and Lot Information:
i. Name of Final Plat: Growing Explorers Learning Center
ii. Listing of Lot Information:
Size of Lot: 1.54 acres (67.082 square feet)
Dimensions of Lot: 226.55’ (S) x 276.70’ (W) x 237.22’ (N) x 292.80’ (E)
iii. Exact area calculations or parks/trails: not applicable. Outlot A will be
developed as a child care facility and not have any public parks, trails or open
space.
iv. Exact area of Wetland and Buffers: not applicable.
v. Proposed area for Right-of-ways: defined in Exhibit GE.0900 – Growing
Explorers Plat (7-3-18).
vi. Proposed Legal Descriptions: Lot A – Growing Explorers
d. The lot was developed as part of the Boulder Pond’s development and has been pad
ready for approximately 3 years and will be developed as a child care facility.
e. The property will serve as a child care center and not as residential units. The child care
center will serve 180 children and approximately 30 employees.
f. Proposed Infrastructure: Review exhibit GE.1000 – Plans Packet
g. Not applicable. Property is zoned C for commercial in the Lake Elmo zoning map.
h. The development of this property into a child care facility will service the surrounding
growing developments as many new home owners will be searching for a high quality
child care provider in the area. Growing Explorers Learning center will complement the
City of Lake Elmo and the neighborhood.
i. The proposed use will not create additional requirements at the public’s cost but rather
improve the economic welfare of the community by providing the neighborhood with a
child care facility and jobs. The proposed use will not generate or operate in a manner
that will be detrimental to any persons, property or welfare of the local community. The
normal operations will include family members dropping off their children in the
morning and picking them up in the afternoon. These activities will happen within the
first couple hours of the morning (6:30 am – 8:30 am) and the last couple hours of the
day (4:00 pm – 6:00 pm) and should not create excess traffic or noise.
j. Not applicable. The property will not have any lakeshore access.
k. Not applicable. The property will be developed as a child care facility and not have any
public parks, trails or open space.
l. Timeline: Based upon the approval of the Planning Commission and City Council,
Growing Explorers Learning will begin construction in the fall of 2018 with foundation
and general site grading to happen prior to ground freeze. Construction will resume
throughout the winter and finalize and open the child care facility by spring of 2019.
G r o w i n g E x p l o r e r s P L A T P a g e 3 | 4
3. Plat and Associated Plans:
- Exhibit GE.1000 – Plans Packet (ten copies 11”x17” & three 24”x36”).
- Provide electronic format of all documentation
1. Administrative Information: Exhibit GE.0900 – Growing Explorers Plat (7-3-18).
2. General Property Information
- PID: Parcel Number: 34.029.21.33.0022
- Legal Description: Lot A Subdivision 2911 Sub division name Boulder Ponds
- Parcel Boundaries: Exhibit GE.0900 – Growing Explorers Plat (7-3-18).
- Date of Survey: July 3, 2018
- Name and Address of Owner:
Shamsi LLC
9568 Hillingdon Rd, Woodbury, MN 55125
715-559-9575
- Name and Address of Representatives:
Detailed in section 2.a (Written Statements) above.
3. Not applicable. The lot will not be subdivided.
4. Platted Site plan: Exhibit GE.0900 – Growing Explorers Plat (7-3-18).
5. Zoning District of Land: Property is zoned as C – PUD and suitable for use of
child care center.
6. Not applicable. The lot will not be subdivided.
7. Layout of Existing Property Lines: Exhibit GE.0300 Certified Land Survey –
Growing Explorers Survey (6-18-18).
8. Not applicable. The lot will not be subdivided.
9. Existing Contours of Property: Exhibit GE.0300 Certified Land Survey – Growing
Explorers Survey (6-18-18).
10. Delineation of wetland/watercourse on plat: not applicable.
11. Location of existing and proposed streets: Exhibit GE.0300 Certified Land
Survey – Growing Explorers Survey (6-18-18).
12. All Easements: Exhibit GE.0900 – Growing Explorers Plat (7-3-18).
13. Not applicable. Easements for the property have been defined and included in
the Platted Land Survey.
14. Boundary Lines adjacent to property: Exhibit GE.0300 Certified Land Survey –
Growing Explorers Survey (6-18-18).
15. Location of Existing Buildings within 150’ ft: Exhibit GE.0300 Certified Land
Survey – Growing Explorers Survey (6-18-18).
16. Not applicable. The property does not have any historic or natural features.
Final Grading, Drainage and Erosion Control Plan :
Review exhibit GE.1000 – Plans Packet
Final Utility Plan:
Review exhibit GE.1000 – Plans Packet
Final Street and Storm Sewer Plan:
Review exhibit GE.1000 – Plans Packet
G r o w i n g E x p l o r e r s P L A T P a g e 4 | 4
Final Tree Preservation Plan:
Not applicable. The property only has a few small trees along the south east corner that will not be
disturbed.
Final Landscaping Plan:
Review exhibit GE.1000 – Plans Packet
Ghost Plat:
Not applicable. Not required for this project.
Electronic Files. Google drive link emailed to Emily Becker.
4. Supplemental Information
Not applicable. Not required for this project.
5. Variances
Not applicable. None requested for this project.
Address Labels: GE.0800 Address labels and list of parcel IDs within 350’ ft.
Exhibit List
GE.0100: Land use application
GE.0200: Verification of Ownership – Property Deed
GE.0300: Certified Land Survey – Growing Explorers Survey (6-18-18)
GE.0400: ITCO Soil Testing Results – Outlot A
GE.0500: Signed Escrow Agreement for Municipal Review Services
GE.0600: Signed Acknowledge of Responsibility
GE.0700: Signed Affirmation of Sufficient Interest
GE.0800: Address labels and list of parcel IDs within 350’ ft
GE.0900: Growing Explorers Plat (7-3-18)
GE.1000: Plans Packet
G r o w i n g E x p l o r e r s P U D P a g e 1 | 1
Name of Project: Growing Explorers Learning Center
Name of applicant:
SHAMSI LLC
Attn: Ahmad Shamsi
(715) 559 – 9575
PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
Submission Requirements:
Final PLAT: Exhibit GE.0900: Growing Explorers Plat (7-3-18)
Final plans
i. Proposed Name of Development: Growing Explorers Learning Center
ii. Property boundary lines and topographic information: GE.0300: Certified Land Survey –
Growing Explorers Survey (6-18-18)
iii. Location, size and floor area of proposed building: Review exhibit GE.1000 – Plans
Packet
iv. Location, dimensions of driveways, entrances, curbs: Review exhibit GE.1000 – Plans
Packet
v. Location, designation of public space: not applicable. Lot will not have any public space.
vi. Site amenities: not applicable. Lot will not have any amenities.
vii. Proposed lots and blocks: not applicable. Lot will not be subdivided.
viii. Location and size of structures on adjacent properties: not applicable. Lot will be
developed into a child care facility.
ix. Proposed landscaping: Review exhibit GE.1000 – Plans Packet
x. Grading and Drainage plan: Review exhibit GE.1000 – Plans Packet
Address Labels: Exhibit GE.0800: Address labels and list of parcel IDs within 350’ ft
Proposed Legal Description: Lot A – Growing Explorers
Residential Dwelling Units: not applicable. Lot will not be subdivided.
Density Calculation: not applicable. Lot will not be subdivided.
Gross Square Footage of commercial space: Review floor plan of exhibit GE.1000 – Plans Packet
Preliminary architectural plans: Review exhibit GE.1000 – Plans Packet
Detailed Site Plan: Review site plan of exhibit GE.1000 – Plans Packet
Preliminary grading plan: Review grading plan of exhibit GE.1000 – Plans Packet
Soil erosion control plan: Review soil erosion plan of exhibit GE.1000 – Plans Packet
Exhibit List
GE.0100: Land use application
GE.0200: Verification of Ownership – Property Deed
GE.0300: Certified Land Survey – Growing Explorers Survey (6-18-18)
GE.0400: ITCO Soil Testing Results – Outlot A
GE.0500: Signed Escrow Agreement for Municipal Review Services
GE.0600: Signed Acknowledge of Responsibility
GE.0700: Signed Affirmation of Sufficient Interest
GE.0800: Address labels and list of parcel IDs within 350’ ft
GE.0900: Growing Explorers Plat (7-3-18)
GE.1000: Plans Packet
G r o w i n g E x p l o r e r s CUP P a g e 1 | 4
Name of Project: Growing Explorers Learning Center
Name of applicant:
SHAMSI, LLC
Attn: Ahmad Shamsi
(715) 559 – 9575
CONDITIONAL USE PROCEDURE FOR THE CITY OF LAKE ELMO
1. Completed Land Use Application Form: Exhibit GE.0100 – Land Use Application
2. Written Statements:
a. Applicants and Representatives:
i. Owner of Growing Explorers, LLC
Ahmad Shamsi
9568 Hillingdon Road
Woodbury, MN 55125
ii. Owner of Shamsi, LLC
Abdul R. Shamsi
213 Windward Island
Clearwater, FL 33767
iii. Manager of Shamsi, LLC
Ahmad Shamsi
9568 Hillingdon Road
Woodbury, MN 55125
iv. Architect of Project
HPA LLC Architecture
Hal Pierce
5930 Kirkwood Lane N.
Plymouth, MN 55442
v. Surveyor
E.G. Rud and Sons, Inc.
Jason Rud
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
vi. Soil Testing
ITCO Allied Engineering Co.
Robert Sullentrop P.E.
7125 West 126th Street, Suite 500
Savage, MN 55378
vii. General Contractor
Obtain contractor bids as project plans are finalized and approved.
Preliminary list of licensed contractors has been identified.
G r o w i n g E x p l o r e r s CUP P a g e 2 | 4
b. Site Data:
Address: Outlot A, Jade Trail N, Lake Elmo 55042
Current Zoning: C – PUD
Size: 1.540 Acres (67,082 square foot)
Parcel Number: 34.029.21.33.0022
Legal Description: Lot A Subdivision 2911 Sub division name Boulder Ponds
c. Historic Narrative of Property:
The property was a single family home with the address of 9120 Hudson Blvd N. During
the development of Bolder Ponds, the property was purchased and developed by
Excelsior Group and sold to Lakeview Investment LLC. Lakeview Investment LLC sold the
property to Shamsi LLC who plans on developing the property into a child care facility
under the name of Growing Explorers Learning Center.
d. Description of Proposed Use:
i. Proposed Use: Outlot A is currently 1.54 acres in size and Shamsi LLC and
Growing Explorers LLC would like to develop the site to serve as the future
home of Growing Explorers Learning Center and provide child care services for
approximately 180 children.
Building Size: The building will be approximately 13,000 square feet and sit on
the west half of the property.
Outdoor Area: An exterior playground of 10,000 square feet will be adjacent to
the west side of the building.
Parking lot: A parking lot will be developed on the east half of the property with
an entrance along the north half of the property and an exit along the south half
of the property along Jade Trail North. There will be approximately 55 parking
spaces to service the business.
Impact to vicinity: Outlot A does not have any wetlands, forests or existing
structures.
ii. Details about the business.
Number of Employees: At full capacity, Growing Explorers will have
approximately 30 employees.
Hours of Operations: 6:30 am to 6:00 pm Monday through Friday.
Proposed Development Schedule: Open business by spring of 2019.
e. Justification of Proposed Use:
i. The proposed use of a child care center will not endanger the public health,
safety, comfort convenience of the neighborhood or City, but rather serve the
community in a positive manner. Growing Explorers Learning Center will be
dedicated to providing high-quality early childhood education to all children and
will ensure supervision of the children at all times. We will provide age-
appropriate rooms, toys and equipment along with a devoted staff of
experienced teachers to ensure children get the positive learning experiences
they need for their ongoing success in Kindergarten.
ii. Growing Explorers Learning center will complement the City of Lake Elmo
Comprehensive plan by providing home owners in Boulder’s Pond, Savona,
Hammes Estates and Inwood developments with high quality child care in a
close and convenient location.
G r o w i n g E x p l o r e r s CUP P a g e 3 | 4
iii. The development of this property into a child care facility will service the
surrounding growing developments as many new home owners will be
searching for a high quality child care provider in the area.
iv. Growing Explorers Learning Center will meet and abide by all local, state, and
federal regulations and laws including the Zoning Code identified in Article 7 of
the City of Lake Elmo.
v. The current site does not fall within an identified wetland or flood plain.
vi. Growing Explorers Learning Center will blend into the vicinity and be compatible
in appearance to the neighborhood. The building will be a traditional wood
frame building with appealing accents and finishes to serve Lake Elmo residents.
vii. The proposed use will not create a nuisance or hazard to the neighborhood and
city.
viii. The proposed use will be accessible from Jade Trail North and should not pose
any additional stress or pressure on local public facilities and services.
ix. The proposed use will not create additional requirements at the public’s cost
but rather improve the economic welfare of the surrounding community by
providing the neighborhood with a child care facility and employment
opportunities.
x. The proposed use will not generate or operate in a manner that will be
detrimental to any persons, property or welfare of the local community. The
normal operations will include family members dropping off their children in the
morning and picking them up in the afternoon. These activities will happen
within the first couple hours of the morning (6:30 am – 8:30 am) and the last
couple hours of the day (4:00 pm – 6:00 pm) and should not create excess traffic
or noise.
xi. As stated in the previous bullet, the traffic should be staggered in the morning
and afternoon as to not create interference with local traffic. For the safety of
the community and Growing Explorers’ customers, the entry and exit points will
be from Jade Trail North to minimize and eliminate any interference with the
moderate speeds of Hudson Boulevard North.
xii. The proposed use will not interfere or impact any natural or scenic features of
major importance.
3. Verification of Ownership: Exhibit GE.0200 – Outlot A – Deed
4. Address Labels: Exhibit GE.0900: Address labels and list of parcel IDs within 350’ ft
5. Certified Land Survey: Exhibit GE.0300 – Growing Explorers Survey (6-18-18)
- Soil and Boring Hole Test Results: Exhibit GE.0400 – ITCO Soil Testing – Outlot A
6. Landscape plan: Review exhibit GE.1000 – Plans Packet
7. Architectural Plans: Review exhibit GE.1000 – Plans Packet
8. Utilities and Service Plan: Review exhibit GE.1000 – Plans Packet
9. Electronic file(s) of plan sets: Google drive link emailed to Emily Becker.
G r o w i n g E x p l o r e r s CUP P a g e 4 | 4
10. Any other information deemed critical for review:
Exhibit GE.0500 – Signed Escrow Agreement for Municipal Review Services.
Exhibit GE.0600 – Signed Acknowledgment of Responsibility.
Exhibit GE.0700 – Signed Affirmation of Sufficient Interest.
Exhibit List
GE.0100: Land use application
GE.0200: Verification of Ownership – Property Deed
GE.0300: Certified Land Survey – Growing Explorers Survey (6-18-18)
GE.0400: ITCO Soil Testing Results – Outlot A
GE.0500: Signed Escrow Agreement for Municipal Review Services
GE.0600: Signed Acknowledge of Responsibility
GE.0700: Signed Affirmation of Sufficient Interest
GE.0800: Address labels and list of parcel IDs within 350’ ft
GE.0900: Growing Explorers Plat (7-3-18)
GE.1000: Plans Packet
Date Received:"l!{l,i ill'l\" 0l:
Received By:
Permit #:'ffi
LAND USE APPLICATION
E Comprehensive Plan E Zoning Disirict Amend n Zoning Text Amend E Variance.(see below) E Zoning Appeal
651 -747-3900
3800 Laverne Avenue North
Lake Elmo, MN 55042
SConditional Use Permit (C.U.P.) E fnoO Plain C.U.P. E lnterim Use Permit (l.U.P.) E Excavating/Grading
n Lot Line Adjustment E Minor Subdivision n Residential Subdivision Sketch/Concept Plan
I puo Concept Plan n puo Pretiminary pun EIpuo Finat Ptan
Aopl cant:':,HA r\'\'rj cLC
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Sa"t t q\ cttzs v t
LAKtrELMO
Fee Owner:
Address:
Phone #
Email Address:
PropertyLocation(AddressandComplete(long)LegalDescription: (5-+ \a+ A - lb(-ltLDf {1 PB'\!Ds
PA{L{.6-L f,.turqe,<r< ," 3*. eZ-1 - 'at " 3?) - el e2-2*
Lo'T A So9Drvr stor.l z-11 \ SdB Dlvr Srorr ArAA"R. BeuuDER PoNDg
Detailed Reason for Requesi:
;': ;a __ ^ a
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ln signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application
procedures and hereby all statements received from the City pertaining to additional application expense.
Signature of o"7 I uel'z<,r &
'Variance Reouests As outllned in Section 301 060 C. of the Lake Elmo l,'luric pal Code. the acD cant must dernonstrale
Signature of fee o^rc, L1 f czl ZrL i 8
PLAY AREA
TOTAL BUILDING AREA:12,943 SF
PATIOPATIO
PARKING
FLOOR
PLAN
A-101
GROWING
EXPLORERS
LEARNING
CENTER
Hudson Blvd. & Jade Trail North
Lake Elmo, Minnesota 55042
HPA
Architecture
PH: 763-331-5025
hpa-arch@comcast.net
SHAMSI, LLC
9568 Hillingsdon Road
Woodbury, Minnesota 55125
TEXTURED SHINGLES TYPICAL
PREFINISHED CEMENT BOARD TRIM TYPICAL
FIXED FIBERGLASS WINDOWS TYP
TEXTURED SHINGLES TYPICAL
LEDGE STONE TYPICAL
ALUM DOORS AND FRAMES PAINTED
PREFINISHED CEMENT BOARD TRIM TYPICAL
FIXED FIBERGLASS WINDOWS TYP
TEXTURED SHINGLES TYPICAL
LEDGE STONE TYPICAL
ALUM DOORS AND FRAMES - WHITE
FIBER CEMENT LAP SIDING FIBER CEMENT LAP SIDING
TEXTURED SHINGLES TYPICAL
PREFINISHED CEMENT BOARD TRIM TYPICAL
FIXED FIBERGLASS WINDOWS TYP
ALUM DOORS AND FRAMES - WHITE
FIBER CEMENT LAP SIDING
HVAC UNITS HVAC UNITS
TEXTURED SHINGLES TYPICAL
PREFINISHED CEMENT BOARD TRIM TYPICAL
LOGO
FIXED FIBERGLASS WINDOWS TYP
LEDGE STONE TYPICAL
ALUM DOORS AND FRAMES - WHITE
LEDGE STONE FIBER CEMENT LAP SIDING
FIBER CEMENT SHAKES
A-201
FRONT ELEVATION
SCALE: 1/8"=1'-0"
HPA
Architecture
PH: 763-331-5025
hpa-arch@comcast.net
EXTERIOR
ELEVATIONS
REAR ELEVATION
SCALE: 1/8"=1'-0"
LEFT ELEVATION
SCALE: 1/8"=1'-0"
RIGHT ELEVATION
SCALE: 1/8"=1'-0"
GROWING
EXPLORERS
LEARNING
CENTER
Hudson Blvd. & Jade Trail North
Lake Elmo, Minnesota 55042
PAGE 1 of 3
MEMORANDUM
Date: August 2, 2018
To: Emily Becker, Planning Director Re: Growing Explorers (Boulder Ponds Outlot A)
Cc: Mike Bent, Building Official Engineering Site Plan Review
Rob Weldon, Public Works Director
Dave Knaeble, Civil Site Group
Chad Isakson, Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
A Site Plan engineering review has been completed for the Growing Explorers Learning Center to be located on
Boulder Ponds Outlot A along Jade Trail North. The submittal consisted of the following documentation prepared
by Civil Site Group, Inc., received on August 2, 2018:
Growing Explorers Learning Center Civil Site Plans C0.0 – C5.2, Site Survey V1.0, and SWPPP SW1.0‐SW1.5,
dated 08.01.2018.
Landscape Plan L1.0, dated 08.01.2018.
Stormwater Management Report, dated 07.19.2018.
Engineering review comments are as follows:
General Comments:
1. Engineering did not review zoning requirements, setbacks, impervious surface requirements or parking
requirements. No parking lot lighting plan was received.
2. Specifications must be submitted for City review prior to construction. The City of Lake Elmo standard
specifications must be used for all public infrastructure (public watermain/hydrants) and for erosion and
control practices.
3. A plan note must be added to the landscape plan as follows: “All trees must be field located and reviewed
by the City prior to installation to ensure minimum 10‐foot separation from public utilities, including
water/sewer services”.
Stormwater Management:
1. The Boulder Ponds development project designed and constructed an approved storm water management
system to meet the requirements of both the City of Lake Elmo and the South Washington Watershed
District. The approved stormwater report is dated May 18, 2015. The existing storm water pond located on
the east side of Jade Trail North on City owned Outlot E was designed to accommodate an impervious
surface coverage of 85% for this site (Outlot A).
2. This site plan is creating 0.9 acres of impervious surface (38,508sf) over a total site area of 1.5 acres
(67,002sf), or 58% impervious coverage. Because the site is creating less impervious surface than planned
for the Outlot E storm water basin, there currently exists adequate capacity to fully accommodate this
project without the need for further storm water basins.
3. All storm water runoff from new impervious surfaces from this site must be captured and conveyed to the
Outlot E storm water pond. No building roof runoff is allowed to discharge to the existing drainage
swale/infiltration basin located just west of Outlot A.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 3
Site Plan:
1. The parking lot is designed with two concrete commercial driveway access locations along Jade Trail North;
the north entrance is proposed at 22‐feet wide and the south entrance is proposed at 14‐foot wide. The
south entrance is located approx. 110 feet north of the intersection with Hudson Boulevard. The proposed
access locations appear acceptable.
Grading Plan
1. C3.0. Add City standard plan notes (City Detail 600D) to the grading plan sheet. Remove any general
grading notes that conflict with City standard plan notes.
2. C3.0. Add plan note indicating that 100% building roof run roof must be captured and conveyed to the
storm water basin located on the east side of Jade Trail North. No building roof runoff is allowed to drain
to the infiltration basin/drainage swale located to the west side of the proposed building.
Storm Sewer Plans
1. C4.0. A private storm sewer system is proposed interior to the site to capture and convey storm water
runoff to the City owned storm water pond located on Boulder Ponds Outlot E (east side of Jade Trail
North). The private storm sewer system will connect to the existing 15‐inch RCP storm sewer stub pipe at
the right‐of‐way of Jade Trail North.
2. C4.0. Extend drainage and utility easement over new 15‐inch RCP pipe and CBMH‐1, 15‐feet from
centerline of pipe and structure to allow City maintenance access.
3. C4.0. Add plan note indicating that 100% of the building roof runoff must be captured and conveyed to the
storm water basin located on the east side of Jade Trail North. No roof runoff is allowed to drain to the
infiltration basin/drainage swale located west of the proposed building on Boulder Ponds Outlot D.
4. A Stormwater Easement and Maintenance Agreement in the City’s standard form is required for the
private owned storm sewer system.
Sanitary Sewer and Watermain Plans
1. C4.0. Connection to existing sanitary sewer stub. The project proposes to connect to the existing 6‐inch
sanitary sewer service stub located along the Jade Trail North right‐of‐way as required. The sanitary sewer
service interior to the site will be a private sewer service meeting state plumbing code.
2. C4.0. Connection to existing watermain stub. The project proposes to connect to an existing 6‐inch
watermain service stub located along the Jade Trail North right‐of‐way as required. The service stub is
proposed as a combined 6‐inch DIP service to the building. The combined water service interior to the site
will be a private water service meeting state building code unless hydrants are required to be placed
interior to the site (see comments below).
3. C4.0. Identify irrigation service locations, if any, and coordinate landscape plan and utility plan accordingly.
4. Fire Hydrant locations. No new fire hydrants have been proposed. There is one existing fire hydrant located
along Jade Trail North approximately 110 feet north of the north Outlot A property line. If fire hydrants are
required to be placed interior to the site of Outlot A, the fire hydrants and connecting watermain will be
City owned and maintained. If required, the site and utility plans, and project specifications must be
revised and resubmitted for City review, showing the proposed hydrants and connection watermain using
City design standards, details and specifications. Utility easements must be dedicated to the City, minimum
width of 30‐feet centered over the pipe and hydrants, and all easements must be shown on the Site Plan,
Utility Plan and Grading Plan. City standard plan notes for watermain must be shown on the utility plans.
Civil Details
1. C5.0 and C5.1. Add City details 201, 203, 208, 407, 501, 502, 505, 506, 508, 510, and 513. Remove
duplicate details.
PAGE 3 of 3
SWPPP/Erosion Control Plan
1. SW1.0 and SW1.1. Add City standard plan notes (City Details 600A, 600B, and 600C) to the erosion control
plan sheets. Remove any general plan notes that conflict with City standard plan notes.
2. SW1.1. Add silt fence using metal post (6’ maximum spacing) immediately behind the existing curb and
gutter along the entire length of Jade Trail North, except at rock construction entrances.
3. SW1.1. Relocate silt fence using metal post (6’ maximum spacing) immediately on the west side of the
existing concrete sidewalk along the entire length of Jade Trail North, except at rock construction
entrances.
4. SW1.1. Add plan note to protect existing concrete sidewalk, boulevard sod and curb and gutter along
entire length of Jade Trail North. Silt fence to remain in place for construction duration without exception.
No construction traffic is permitted at any time except for approved rock construction entrance locations.
5. SW1.1. Add plan not to require construction parking including deliveries and equipment
loading/unloading to be maintained interior to the construction site unless specifically permitted by the
City for specified limited dates.
6. SW1.2. Add City details 601, 603, 604, 605, and 606.
Resolution 2018-
509020v1 SJS LA515-1
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 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 1st 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 1st
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-
509020v1 SJS LA515-1
2
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-
509020v1 SJS LA515-1
3
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 Shamsi, 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 4th day of September 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
1
Resolution 2018-099
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-099
RESOLUTION APPROVING THE GROWING EXPLORERS FINAL PLAT AND PLANNED
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 Hillington 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.
2
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 be 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 permits, 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.
3
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.
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Mike Pearson, Mayor
ATTEST:
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Julie Johnson, City Clerk