HomeMy WebLinkAbout2025-044CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2025-044
A RESOL UTIONAPPROVING A CONDITIONAL USE PERMIT FOR THE
ESTABLISHMENTAND CONSTRUCTIONOFA DAYCARE FACILITY (PRIMROSE
SCHOOL) AT 11899 UPPER 40TH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Primrose Schools Franchise Corporation, (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 11899 Upper 40th St., 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 May 27, 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 June 3, 2025; and
WHEREAS, the City Council considered the matter at its meeting held on June 3, 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 Ordinance, 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 the establishment and construction of a
daycare center at 11899 Upper 40th St., 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.
5. The use or development conforms to the city comprehensive plan.
6. The use or development is compatible with the existing neighborhood.
7. The proposed use meets all specific development standards for such use listed in the
zoning code.
8. If the proposed use is in a floodplain management or shoreland area, the proposed use
meets all the specific standards for such use listed in LEC 105.04, LEC 105.12.1230 and
LEC title 100.
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.
10. The proposed use will not be hazardous or create a nuisance, as defined under this
chapter, to existing or future neighboring structures.
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.
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.
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.
14. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
15. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
16. That, in accordance with 105.123.290, the establishment of a daycare center at 11899
Upper 40th St. shall be permissible under the Conditions 1-10 as provided in the decision
below, and incorporated herein:
DECISION
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 Primrose Schools Franchise Corporation for a Conditional Use Permit for the
establishment of a daycare center at It 899 Upper 40th St., 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 include, but not limited to, City of Lake Elmo permits, Minnesota Pollution
Control Agency stormwater permit, Valley Branch Watershed District permit, approval
of revised plans from the City Engineer, and building and zoning permits.
2. If substantial construction has not taken place within 12 months of the City's approval,
the conditional use permit shall become void.
3. The Applicant shall fully address all comments in the following review memos, or any
subsequently revised memo, to the satisfaction of the City:
a. City Engineer's memos dated 4/23/2025
b. City Landscape Architect's memo dated 4/23/2025
c. City Fire Chief s memo dated 4/23/2025
d. City Planning memo dated 5/7/2025
4. Bridgewater Village Subdivision Improvements must be constructed and accepted by the
City before a building permit is issued.
5. The Applicant is required to enter into a Site Improvement Agreement in a form
acceptable to the City and shall be executed and recorded.
6. If applicable, the Applicant is required to enter into a stormwater maintenance and
easement agreement in a form acceptable to the City and shall be executed and recorded.
7. The Applicant is required to enter into an encroachment agreement in a form acceptable
to the City and shall be executed and recorded for the parking lot improvements. Any
improvements in the Drainage and Utility easement will not be allowed to restrict surface
water drainage or flow through that area.
8. When construction of the sign(s) are desired, the Applicant must apply for a sign permit
with the City and meet requirements.
9. Any expansion or modification of the building, outdoor play area, or parking lot shall
require a conditional use permit amendment. This does not apply to typical maintenance.
10. Any portion of the improvements within a city or county access, drainage or utility
easement are subject to removal or modification by the holder of said easement subject to
any applicable easement agreements.
Passed and duly adopted this Yd day of June, 2025 by the City Council of the City of Lake Elmo,
Minnesota.
Mayor Charles Cadenhead
ATTEST:
J lie ohns n, qty Clerk