HomeMy WebLinkAboutResolution 2016-010am
M-1102MON &
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WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Arbor Glen LLC, has submitted an application for a conditional use pen -nit
to operate a congregate housing facility with services on Lott, Block 1, Brookman 3rd Addition;
and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter
on December 14, 2015 which was continued to January 25, 2016; and
WHEREAS, the Lake Elmo Plarming Commission has submitted its recommendation of
approval to the City Council; and
WHEREAS, the City Council considered the said matter at< its February 16, 2016
meeting; and
NOW, THEREFORE, based on the testimony elicited and the information received, the
City Council makes the following:
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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.
1 The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood,
4. The proposed use meets all specific development standards for such use listed in
Article 7 of this Chapter.
5. If the proposed use is in a flood plain management or sboreland area, the proposed
use meets all the specific standards for such use listed in Chapter 150, § 150.250
through 150.257 (Sboreland Regulations) and Chapter 152 (Flood Plain
Management).
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.
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 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.
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.
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, fames, glare
or odors.
11. Vehicular approaches to the property, where present, will not create traffic congestion
or interfere with traffic on surrounding public thoroughfares.
12. The proposed use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
BE IT RESOLVED THAT the City Council does hereby approve the conditional use permit
with the following conditions -
13. That the applicant comply with the conditions/comments in the City Engineer's
memo dated December 7, 2015.
14. That applicant comply with the conditions of the Valley Branch Watershed District
permit 2015-27, dated December 28, 2015.
15. The developer must submit the drainage report and calculations to Washington
County for review of any downstream impacts to the county drainage system. Along
with the drainage calculations, provide written conclusions that the volume and rate
of ston-nwater run-off into the county right-of-way will not increase as part of the
project.
16. That the applicant revised the landscape plan removing the landscape fabric fi-om
under the mulch and substitute the Canadian Hemlocks with hardier conifer. species.
17. That the monument sign near the driveway entrance be relocated to be 15' away from
the driveway intersection,
18. That all signs comply with the City's sign regulations and that no signs shall be
installed or constructed without prior approval of a sign pen -nit.
Resolution 2016-10
1 . That proper State of MN licensing be maintained for the memory care and assisted
living, facilities.
20. That the 25 foot right-of-way easement be granted for CAH 7JLal e Elmo Avenue
in carder for the proposed trail to be in the public right -cif -way easement.
21. That the proposed building maintain a minimum 10 foot setback from the future
CSAH 121Lake Elmo Avenue right-of-way,
22. That additional sound mitigation measures be installed in the building along CSA
17/Lake Elmo Ave.
23. That the developer comply with the Lake Elmo Fire Department's memo dated
November 20, 2015.
2. The landscaping once accepted by the City shall have a 2-year warranty and that the
applicant submit irrigation plans for city approval prior to installation.
This resolution was adapted by the City Council of the City of Lake Elmo on this 16 day of
February, 2016.
ike Pearscan, layer
ATT ESA -
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Julien cahnsol aty Clerk
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Resolution 2016-10