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HomeMy WebLinkAbout2025-036CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO.2025-036 A RESOL UTION APPROVING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF MILESTONES DAYCARE CENTER AT 8565 EAGLE POINT CIRCLE. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, MEP Lino Lakes LLC, (the "Applicant"), have submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for the establishment of a daycare center at 8565 Eagle Point Circle, Lake Elmo, MN 55042; WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on March 24, 2025; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval of the Conditional Use Permit to the City Council as part of a Staff Memorandum dated April 15, 2025; and WHEREAS, the City Council considered the matter at its meeting held on April 15, 2025; 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 Ordiance, Section 105.12.290. 2) That all submission requirements of Section 105.12.290 have been met by the Applicant. 3) That the proposed Conditional Use Permit is for for the establishment of a daycare center at 8565 Eagle Point Circle, Lake Elmo, MN 55042. 4) 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 is not anticipated to be be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood. 5) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site is zoned BP — Business Park which is consistent with the 2040 Comprehensive Plan. 6) The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Business Park zoning district as a Conditional Use. The surrounding parcels are also zoned Business Park PUD with the exception of the land directly south which is ROW (Interstate 94) owned by MNDOT. The proposal is compatible with the existing land uses and development. 7) The proposed use meets all specific development standards for such use listed in the Zoning Code. The proposed use meets the development standards for daycare center as per LEC 105.12.110. 8) If the proposed use is in a flood plain management or shoreland area, the proposed use meetsall the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use is in the shoreland area and meets the shoreland management standards. The building is existing and is not proposing changing the footprint. The applicant is proposing removing impervious surface on site. The proposed use is not in a flood plain management area. 9) 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. There are minimal changes proposed to the existing fagade and site layout. The proposed use is compatible in appearance with the existing character of the general vicinity and will not change the essential character of the area. 10) 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 a daycare center is not anticipated to create a nuisance or be hazardous. 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 existing property is already served by essential public facilities and services. The proposed use will be served adequately by essential public facilities and 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 in not anticipated to create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 13) 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 is not antcipated to produce noise, smoke, fumes, glare, odor or excessive traffic that would be considered detrimental to the economic welfare of the community. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There are no proposed changes to the vehicular approaches, traffic congestion is not antcipated to increase with this proposed use. 15) The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The proposed use is not anticipated to negatively impact natural or scenic features. 16) That, in accordance with 105.123.290, the establishment of a daycare center at 8565 Eagle Point Circle shall be permissible under the Conditions 1-4 as provided in the decision below, and incorporated herein: NOW, THEREFORE, BE 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 MEP Lino Lakes LLC for a Conditional Use Permit for the establisment of a daycare center at 8565 Eagle Point Circle, Lake Elmo, MN 55042, and grants the same, subject to the following conditions of approval: 1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals before the commencement of any construction activity on the site. These may include, but not limited to, City of Lake Elmo, Minnesota Pollution Control Agency stormwater permit, SWWD Watershed District permit, DNR, approval of revised plans from the City Engineer, and a building permit. 2. The applicant must address the comments in the Landscape Architect memo dated April 9, 2025 prior to the issuance of a building permit. 3. If substantial construction has not taken place within 12 months of the City's approval, the conditional use permit shall become void. 4. Any expansion or modification of the parking lot or playgrounds shall require a conditional use permit amendment, this does not apply to typical maintenance. Passed and duly adopted this 15th day of April, 2025 by the City Council of the City of Lake Elmo, Minnesota. Acting Ma or J ff Holtz ATTEST: ulie Johnson, C' y Clerk