12-01-2009 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 5 1. That the procedures for obtaining said Map Amendment is found in the Lake Elmo Zoning Ordinance, Section 154.020. 2. That all the submission requirements of said Section 154.020 have been met by the applicant. 3. That the proposed rezoning of the property is from Rural Residential to Agricultural for the entire 33.44 acres. 4. The Rural Residential zoning district has a 10 acre minimum lo size requirement while the agricultural zoning district has a 40 acre minimum lot size. The rezoning of the parcel to Agricultural would result in non-conformance to the minimum lot size as the parcel is 33.44 acres. 5. Relocating the greenhouses would still allow for reasonable use of the current property, thereby resulting in a de facto expansion of business activity and, with it, traffic concerns and other public health, life and safety considerations. 6. The proposed rezoning would be preemptive in nature as the applicant’s intent is to move a greenhouse to the property which may or may not be in conflict with currently unknown, unplanned or unscheduled future reconfigurations of the intersection of County Road 17 and State Highway 36. 7. As public infrastructure would be significantly impacted by any rezoning an subsequent access road and greenhouse relocation, the public stands to have such disruption of public services our on multiple times and at significantly increase cost due to this premature rezoning. 8. The applicant retains reasonable use of the affected property toady and, with approval of the Agricultural Entertainment Business CUP, is allowed for reasonable expansion of said business within the acceptable parameters established by the City. Mayor Johnston seconded the motion. The motion passed 5-0. CONDITIONAL USE PERMIT AMENDMENT: To amend the existing conditional use permit currently allowing operation of Country Sun Farm & Greenhouse at 11211 60th Street North to add approximately 24 acres of land (as the rest is in a roadway easement) for the “greenhouse” and “food concession” uses currently permitted. This land would be added to allow the eventual future movement of existing uses for the business. This amend would include the construction of an overflow parking area of 39,900 square feet which is accessory to the other uses on the site. Action on the requested CUP Amendment to extend CUP uses to newly rezoned property MOTION: Mayor Johnston moved to approve Resolution No. 2009-051 (Option B) denying the requested CUP amendment, with the specific findings of fact: 1. That the procedures for obtaining said Conditional Use Permit Amendment and are found in the Lake Elmo Zoning Ordinance, Section 154.018. 2. That all the submission requirements of said Section 154.018 have been met by the applicant. 3. That the proposed Conditional Use Permit amendment is to include an additional 24 acres to the existing 43 acres and to allow construction of a 39,900 square foot