HomeMy WebLinkAboutConsent Agreement IUP Common Ground Church - Draft 9-26-2016 CONSENT AGREEMENT
INTERIM USE PERMIT
1.0 Parties. This Consent Agreement/Interim Use Permit ("Agreement") is
entered into by and between the City of Lake Elmo, a Minnesota statutory city
("City"); Common Ground Church, ("Applicant").
2.0 Recitals.
A. Applicant is the record fee Owner of the following described property
situated in Lake Elmo, MN ("Property"): PT OF N1/2-SW1/4 WHICH LIES
N OF N R/W LN CHICAGO NW RR & SLY & SWLY OF FOLL DESC LN:
COM AT NE COR NE1/4-SW1/4 THN SOODEG57'15"E BRG ORIENT TO
WACO C SYS S ZONE ALG E LN OF SD 1/4-1/4 DIST 982.94FT TO C/L
212 AKA HWY 5 & POB LN TO BE DESC THN SWLY ALG SD C/L &
CRV CONC TO N CENT ANG OODEG36'21" RAD OF 5729.16FT DIST
60.59FT TO C/L OF STILLWATER LN CHRD OF SD CRV BRS
S75DEG55'21"W THN N27DEG49'42"W ALG SD C/L DIST 22.68FT THN
NWLY & WLY ALG SD C/L & TCRV CONC TO SW CENT ANG
58DEG38'37" RAD 249.11 FT DIST 254.97FT THN N86DEG28'18"W ALG
TCRV & ALG SD C/L DIST 733.07FT THN WLY ALG SD C/L & TCRV
CONC S CENT ANG 2DEG00'00" RAD 7639.44FT DIST 266.67FT THN
N88DEG28'18"W ALG TCRV & ALG SD C/L DIST 50.20FT TO W LN OF
SD 1/4-1/4 THN N88DEG31'39"W ALG SD C/L DIST 491 .3FT THN WLY
ALG SD C/L & TCRV CONC TO S CENT ANG 24DEG087' RAD
881.47FT DIST 371.31 FT THN S67DEG20'14"W ALG SD C/L DIST
501.43FT TO PT ON WLY LN OF NW1/4-SW1/4 SD PT IS 992.71FT S
OF NW COR SD 1/4-1/4 SD LN THERE TERM SUBJ TO EASE
SECTION 14 TOWNSHIP 029 RANGE 021 , commonly known as 10240
Stillwater Boulevard North, Lake Elmo Avenue North.
B. The Property is zoned Public and Quasi-Public Open Spaces.
C. The interim use of keeping horses in conjunction with churches is allowed
in the Public and Quasi-Public Open Spaces zoning districts subject to the
regulations contained in Lake Elmo City Code Section 154.600.
D. The applicant has requested that the City allow an interim use of the
keeping of horses in conjunction with Common Ground Church as part of
the "Hoof Prints" organization, which is a non-profit, faith-based, volunteer-
run group.
E. On the 26th day of August, 2016, the Applicant submitted a completed
application for an Interim Use Permit.
F. On the 26th day of September, 2016, the Lake Elmo Planning
Commission, at a public hearing, reviewed the Interim Use Permit
application, city staff comments and reports, Applicant's comments and
reports, and public comments, and recommended approval of the interim
use permit to allow the keeping of horses in conjunction with a church
subject to certain conditions.
G. On the th day of , 2016, the Lake Elmo City Council reviewed
the Interim Use Permit application, city staff comments and reports,
Applicant's comments and reports, public comments, and the
recommendations of the Lake Elmo Planning Commission, and agreed to
authorize the interim use subject to the terms and conditions as specified
in Section 154.600 of the Zoning Ordinance and Resolution 2016-_
approving the interim use permit.
3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself,
and its successors and assigns, agree that the interim keeping of horses in
conjunction with a church shall be subject to the following conditions:
A. The Applicant, and its successors and assigns, shall have no
entitlement to future re-approval of the Interim Use Permit.
B. The use will not adversely impact nearby property properties
through nuisance, noise, traffic, dust, or unsightliness and will not
otherwise adversely impact the health, safety, and welfare of the
community.
C. The use will not adversely impact implementation of the
comprehensive plan.
D. No more than two horses shall be allowed on the property.
E. The keeping of horses shall be limited to that side of the parcel to
the east of Kelvin Avenue North.
F. That all efforts to maintain at least two inches of vegetative cover
shall be made in order to properly upkeep the pasture area.
G. All riding of the horses shall be done in accordance with Section
95.060: Horses, of the City Code, and the property must maintain
compliance with regulations pertaining to Livestock: Sections
95.090 & 154.914 of the City Code.
H. That the applicant maintain compliance with all applicable City
Code standards for the duration of the interim use.
I. "No Parking" sign shall be placed near or on the gate near the area
abutting Kelvin Avenue North near the stop sign.
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J. That the interim use is valid for a period of ten years and must be
renewed by the City Council prior to the end of this time period in
order to continue operating from the site.
K. The Interim Use Permit shall be valid until any one of the events
listed below occurs, whichever occurs first:
1. Until December 31, 2026;
2. Upon the sale of the property;
3. Until a violation of the Consent Agreement;
4. Until a change in the City's zoning regulations, which
renders the interim use non-conforming; or
5. Until the redevelopment of the Property for a permitted or
conditional use as allowed by the City's zoning regulations.
4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the
Council prior to the expiration.
5.0 Acknowledgement of the Permitted Uses. Any Permitted Use that was
previously conducted on the Property is allowed to continue in conjunction with
the Interim Use Permit.
6.0 Acknowledgement and Consent. Applicant acknowledges that this is a legally
binding agreement and that Applicant has had an opportunity to review the
Agreement with legal counsel. Applicant consents to the terms of this Agreement
and its restrictions on the use of the Property and the Interim Use Area.
7.0 Effective Date. This Consent Agreement/Interim Use Permit shall be effective
upon execution by all parties.
Date: / 16
CITY OF LAKE ELMO
By:
Mike Pearson
Mayor
Dawn Oswald of Common Ground
Church
By-
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Dawn Oswald
Its:
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