HomeMy WebLinkAbout2022-089permitted in the Village Mixed Use District as a Conditional Use. The properties to the
south and west are non-residential uses (City Hall and Day Care Center). The
residential development to the west is separated by Lake Elmo Ave and the senior living
center to north gathers a congregation of people similar to that of the indoor recreation
facility. 7)The proposed use meets all specific development standards for such use listed in the ZoningCode. The proposed use requires a minimum of two accesses as per 105.12.550. This
criteria would be satisfied with the proposed variance approval.8)If the proposed use is in a flood plain management or shoreland area, the proposed usemeets all the specific standards for such use listed in Article XIX (Shoreland Management)and Title I 00 (Flood Plain Management). The proposed use must meet the Shoreland
Regulations.9)The proposed use will be designed, constructed, operated, and maintained so as to becompatible in appearance with the existing or intended character of the general vicinity andwill not change the essential character of that area. The proposed use will be compatible in
appearance with the existing character of the general vicinity and will not change theessential character of the area.IO) 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 of an indoor athletic facility
should not create be hazardous or create a nuisance. All activities shall be contained indoors
and the conditions of approval are written to mitigate any potential nuisances. 11) 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 public services.12)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 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 applicant has provided a storm water management plan
that contains all stormwater onsite, as there is no other available stormwater storage in
area. A indoor athletic facility should draw people closer to the Old Village of Lake
Elmo and the businesses located there. 13) The proposed use will not involve uses, activities, processes, materials, equipment, andconditions of operation that will be detrimental to any persons, property, or the generalwelfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.The proposed use will not produce noise, smoke, fumes, glare or odors. Traffic amounts
will increase in the area, but these increases will occur during typical low traffic volume
time periods. All activities are to occur indoors.
14) Vehicular approaches to the property, where present, will not create traffic congestion orinterfere with traffic on surrounding public thoroughfares. Traffic amounts will increase in
the area, but these increases will occur during typical low traffic volume time periods. Vehicle
queuing for possible pickups and drop offs shall be contained to the site as per the conditions of
approval·15) The proposed use will not result in the destruction, loss, or damage of a natural or scenicfeature of major importance. The proposed use should not impact natural or scenic
features. 16) That, in accordance with City Code Section 105.12.290, the construction of a chapel shall bepermissible under the Conditions 1-5 as provided in the decision below, and incorporatedherein:DECISION
NOW, THEREFORE, �E IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request by Kokoro Volleyball for a Conditional Use Permit for the construction of an indoor athletic facility at Brookman 3rd Addition, Lot 1, Block 1, subject to the following conditions ofapproval: 1.The applicant must obtain all other necessary City, State, and other governing bodypermits and approvals before the commencement of any construction activity on the site.These include, but not limited to, City of Lake Elmo grading permit, Minnesota Pollution
c'ontrol Agency stormwater permit, Valley Branch Watershed District permit, approval of
revised plans from the City Engineer, and a building permit.
2.No construction may begin until all items and changes outlined by the City Engineer inthe memorandum dated September 19, 2022 are addressed.3.No construction may begin until all items and changes outlined by the Fire Department'smemorandum dated July 26, 2022 are addressed.
4.Plans must be revised to comply with the landscape requirements of City Code ArticleVIII Environmental Standards and the City Landscapes Architect's memorandum datedAugust 3, 2022.5.The applicant shall provide the City with proof approval of a Minnesota Pollution ControlAgency storm water permit and a Valley Branch Watershed District storm water permit
prior to any construction.
6.The applicant must meet all requirements of the Lake Elmo Building Official.
7.Any vehicle queuing shall be contained within the parking lot onsite.8.The applicant must demonstrate the availability of overflow parking prior to anyconstruction.9.No parking may occur along 39th Street N.
10.The hours of operation shall be limited to 3:30 pm-9:30 pm Monday through Friday and
8:00 am -4:00 pm Saturday through Sunday.
11.If substantial construction has not taken place within 12 months of the City's approval,the conditional use permit and variance shall become void.