Resolution 2002-062 - Laserfiche WebLink

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10. The Major Parcel, including the CUP Area, shall remain in an agricultural zone as long as this Conditional Use Permit is effective. 11. In the event that EN, or its successors or assigns, initiates a Comprehensive Plan Amendment and /or rezoning of the Major Parcel or any part thereof from agricultural to a more intensive use, this Conditional Use Permit shall terminate and all non - conforming structures shall be removed within one year from the date of the City Council's adoption of the Comprehensive Plan Amendment and Rezoning. This condition shall not apply if the City initiates rezoning or if the landowners are forced to transfer title to any part of the Major Parcel due to Eminent Domain. 12. The City recognizes that the Non - Agricultural Low Impact Use permitted by this resolution allows the applicants the economic means to preserve and maintain approximately 67 acres of agriculturally zoned land. If the City, without the property owners concurrence, should take any action to make this a legal non- conforming use under the zoning ordinance, the City hereby agrees to allow the reconstruction of any non - conforming structures in the CUP Area that may become damaged beyond 50 percent of their replacement cost, so long as all other conditions of this resolution are in compliance. 13. It is expressly understood by EN that any hazard to the health or welfare of the City could and would be grounds for revocation of this permit. 14. The City of Lake Elmo shall be notified by mail no less than sixty (60) days prior to the termination of the Laidlaw lease. The Laidlaw lease is attached as part of Exhibit "A ". Termination of the Laidlaw lease and the reuse of the CUP Area without obtaining a new or revised Conditional Use Permit is prohibited. 15. Conditional Use Permit Area may not be occupied by the School Bus Terminal until: a. EN Properties provides the City with evidence of title for the Major Parcel including the CUP Area. b. All buildings, equipment, trailers, machinery, and unspecified material relative to the business of E&H Earth Movers located at the Northwest quadrant of County Road 15 and 10th Street ( "Emerson Site) shall be removed by EN prior to July 25, 2002 or the City shall be allowed to remove such material and assess EN 150% of the City's cost of the removal and disposal of such material. This condition is imposed because the original Conditional Use Permit for the CUP Area was to issued in conjunction with an agreement to eliminate the builders' 9