HomeMy WebLinkAbout#13 - Lake Elmo Sod Farm IUPSTAFF REPORT
DATE: 11/21/17 CONSENT
AGENDA ITEM #: 13 TO: City Council FROM: Emily Becker, Planning Director ITEM: Lake Elmo Sod Farm Interim Use Permit REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
The Lake Elmo Sod Farm has submitted an application for an Interim Use Permit (IUP) to continue operation of a seasonal sales lot from which to sell Christmas Trees that are grown off-site at the
property located at 456 Manning Avenue North.
ISSUE BEFORE COUNCIL:
The Council is being asked to review the request by Lake Elmo Sod Farm for the property located at 456 Manning Avenue North for the continued operation of a seasonal sales lot from which to sell Christmas Trees that are grown off-site.
REVIEW/ANALYSIS:
• Property Owner: Yik Chi Lo Living Trs, 6422 Crackleberry Trl, Woodbury, MN 55129
• Applicant: John Myhra, PO Box 216, Lake Elmo, MN 55042
• Location: West of Manning Avenue, one parcel in north of I-94 and three parcels in south of 10th Street.
• Current Site Area: 39.38 acres
• Land Use Guidance: Urban High Density Residential
• Zoning: Rural Development Transitional
• Surrounding Land Use Guidance: Commercial Mixed Use to the South, Urban High Density Residential to the North, Urban High Density Residential to the West.
• Applicable Regulations: 154.107: Interim Use Permits; 154.401: Permitted, Conditional, and Interim Uses [within the Rural Districts]; 154.913: Agricultural Sales Businesses
History. Lake Elmo Sod Farm has been in operation for over 25 years, and Staff is not aware of any significant issues of problems that have arisen regarding this operation. The property was first issued
an Interim Use Permit in 2011 by Resolution 2011-053, but that Interim Use Permit expired as of January 1, 2017.
Need for New Interim Use Permit. Active Interim Use Permits may only be renewed only if the Director of Planning receives an application for and approves a 1-time 30-day extension to continue
the processing of the renewal application. The renewal process involves mailings to property owners within 350 feet, and, if no objection is received within 10 days of said mailings, Council may adopt a
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resolution of approval outlining the conditions and stipulations of the renewal. The Council, at its discretion may approve or deny the renewal request with findings.
The City received this IUP renewal application on October 13, 2017, well after the IUP issued in
2011 expired. Therefore, the Applicant must follow the same process required as a new application.
Standards for Agricultural Sales Business as an Interim Use. Agricultural Sales Businesses are allowed as upon the issuance of an interim use permit in Agricultural and Rural areas that are guided for rural agricultural density or future sewered development in accordance with the Comprehensive Plan. The property is currently zoned Rural Development Transitional Agricultural sales businesses
are subject to the performance standards as outlined below. Staff has provided comment on how these criteria have been met.
A. Activities shall be limited to those listed within the definition for Agricultural Sales Business.
• The definition of Agricultural Sales Business as per the Zoning Code is as follows:
“Agricultural Sales Business. The retail sale of fresh fruits, vegetables, flowers,
herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home
processed food products such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No
activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business.”
The definition clearly states that the retail of trees is allowed, and so Staff has found that
this criteria has been met.
B. The agricultural sales business shall be located on land owned or leased by the producer or
the operator of the business, and not within or on any public right-of-ways or easements.
• The Applicant leases land from the property owner.
C. The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient,
that there is suitable and safe access for pedestrians, and that customer parking is away from the
travel way and in close proximity to the agricultural sales business.
• This was a condition of approval for the initially granted IUP, and it is a recommended condition of approval for the new Interim Use Permit.
D. All waste materials shall be enclosed in containers provided on the site, and shall not
generate any nuisance impacts on adjacent properties.
• This was a condition of approval for the initially granted IUP, and it is a recommended condition of approval for the new Interim Use Permit.
E. All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties.
• This was a condition of approval for the initially granted IUP, and it is a recommended condition of approval for the new Interim Use Permit.
F. The maximum gross floor area that can be devoted to sales activities is limited to 20,000 square feet.
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• The Christmas Tree sales office is located within an existing building approximately 3,200 square feet in size. Since all sales are conducted in an outside lot, the applicant will fall well below the maximum allowed building size for the sales activity.
G. Parking shall be provided in accordance with the parking requirements for other commercial uses, as per § 154.051(C). All parking must occur on-site, be on a primary surface such as class 5 gravel or pavement: and must be set back at least 30 feet from all property lines.
• Staff finds this criteria is met. Although parking stalls are not delimitated on the site
plan or marked on the property, there is room for a least 20 cars in front of the office, and room for many more on the driveway and around other outbuildings surrounding the lot. H. The minimum lot size shall be 40 acres for any agricultural sales business.
• Because minimum lot size requirements in Agricultural zones can include rigt-of-way areas, this standard is met by the applicant.
I. On-site wastewater handling system shall be planned and designed by a licensed
professional and approved by the city or its designated responsible authority. Usable
primary and alternate well and septic sites sized for the maximum anticipated usage of the property shall be identified on the property. Alternate sites shall be protected in the site plan design, and will only need to be used upon failure of a primary site.
• The proposed Christmas Tree sales lot will not impact the existing well or septic systems on the site since no bathrooms are available for public use.
J. Any structures constructed for the agricultural sales business shall be consistent on design and
appearance with other agricultural buildings in the area.
• The applicant is not proposing any additional buildings at this time. Staff finds this criteria is met.
K. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate for the underlying zoning. The base daily trip generation is established at 180 vehicle trips per day for even 40 acres.
• The Christmas Tree sales lot will fall well under the maximum trip generation required under the code.
L. The maximum impervious coverage for the buildings, parking areas and other uses devoted to
the agricultural sales business shall not exceed 40,000 square feet and the remainder shall be suitably landscaped.
• The maximum area devoted to Christmas Tree sales is under 20,000 square feet, and
will therefore comply with this provision.
M. Any activities that are defined as an agricultural entertainment business shall require a separate interim use permit.
• This criteria does not apply to the applicant.
N. Any exterior storage of equipment and materials other than the display of products being sold or agricultural equipment currently in use on the property shall be prohibited, unless otherwise exempted in accordance with §§ 150.001 through § 150.003 of this code.
• This was a condition of approval for the initially granted IUP, and it is a recommended condition of approval for the new Interim Use Permit.
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O. There shall be a minimum buffer of 100 feet between any sales areas or sales buildings and any adjacent residential property lines.
• There are no residential properties within 100 feet of the applicant’s sales lot.
P. Roof top or outside building mechanical equipment must be screened from view from adjacent properties and rights-of-way with an opaque material architecturally compatible with the building(s).
• This was a condition of approval for the initially granted IUP, and it is a recommended
condition of approval for the new Interim Use Permit.
Q. Trash containers must be located inside or screened in an acceptable manner.
• This was a condition of approval for the initially granted IUP, and it is a recommended condition of approval for the new Interim Use Permit.
R. The operator shall adhere to the general review criteria applicable to all interim use permit applications.
• This is identified in the review criteria below.
S. No activities or structures beyond those specified in the interim use permit.
• The applicant is not requesting any additional structures at this time.
Agreement. As part of the Interim Use Permit application requirements, the Applicant is required to consent to an agreement as outlined below. Attached for review is a draft of the agreement. a. A signed consent agreement, subject to review and approval by the City Council
documenting: i. That the applicant, owner, operator, tenant and/or user has no entitlement to future approval or reapproval of the interim use permit;
ii. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and
iii. That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit. Requested Renewal Date. The previous renewal period for the Interim Use Permit was five years.
The Applicant has requested a renewal period of 10 years from the date of the last termination of January 1, 2017 in this case. Renewal periods of Interim Use Permits in the City generally range from two to ten, even twenty years. Recommended Findings. Interim Use Permits may only be granted if the City Council finds the
following. Staff recommends the following findings in regards to the proposed Interim Use Permit.
1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations.
• Agricultural sales businesses are an allowed use within the RT zoning district with an Interim Use Permit. Section 154.913 lays out conditions which the proposed use is subject to.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community.
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• Because the site meets necessary lot standards and is in a rural district, staff feel that nearby properties will not be negatively affected in either of the categories above. The surrounding properties are also agricultural in nature.
3. The use will not adversely impact implementation of the Comprehensive Plan.
• The applicant is requesting to sell an agricultural product on the site. The
comprehensive plan makes mention of Lake Elmo’s history of agricultural character. The sale of Christmas trees will not pose an impact on implementing the comprehensive plan as it is written. 4. The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing on the site, upon the
termination of the interim use permit.
• Per the Consent Agreement the applicant must adhere to all conditions laid out by the permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel.
• There are no delinquent property taxes, no levied assessments, no pending assessments, and the site does not connect to City utilities so there are no outstanding utility bills.
6. The date or event terminating the interim use shall be set by the City Council at the time of approval.
• Assuming none of the other sceneries cause termination of the permit staff recommends that the termination date be set for January 1, 2027. 7. The interim use includes a display area for Christmas trees, off street parking area, and the
use of an existing office within on the premises. The terms and conditions associated with the interim use will not apply to any portion of the site that is already used for the permitted activities, including the sod farm.
• The IUP being applied for is not associated with the current sod farm which the property has also been used for. This permit is will not grant any different/further
use towards the property other than what is in the IUP. 8. The sales of Christmas trees occurs from the day after Thanksgiving Day through December 31st.
• The timeline listed above is what was adhered to on the previous IUP and is recommended by staff.
9. Termination of the IUP shall be dependent upon the recommendations listed below;
• The beginning of the new year January 1, 2027.
• Sale or transfer of the land/business ownership to an outside party.
• The property is reduced below 40 acres.
• A violation of the conditions of this Consent Agreement.
• The redevelopment of the Property for a permitted or conditional use as allowed by the City’s zoning regulations. Recommended Conditions of Approval. Staff recommends the following conditions in regards to the proposed Interim Use Permit:
1. The applicant first sign the approved consent agreement with the City.
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2. Items being sold with this IUP may not be sold prior to the day after Thanksgiving Day
and may not be sold beyond the end of the year.
3. The operator must be able to demonstrate at all times that there is sufficient access, parking, and maneuvering space, suitable and safe access for motorists and pedestrians, and that parking is away from the travel way and within close proximity to the agricultural sales business. Also all sidewalks, roadways, and parking areas shall be maintained properly to
eliminate dust as a nuisance to adjacent properties.
4. All waste materials shall be enclosed in containers provided on the site and properly screened, and shall not generate any nuisance impacts on adjacent properties. 5. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate
for the underlying zone. The base daily trip generation is established at 180 vehicle trips
per day for every 40 acres. 6. Any exterior storage of equipment and materials other than the display of products being sold or agricultural equipment currently in use on the property shall be prohibited. 7. The Interim Use Permit is to allow the sale of agricultural products that are grown off site
– specifically Christmas trees. Any other items that are not ancillary or grown on site shall
require an amendment to the Interim Use Permit. 8. The signing of this document by the applicant also assumes their adherence to the items below; a. The applicant, owner, operator, tenant and/or user has no entitlement to future
approval or reapprove of the interim use permit;
b. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and c. That the applicant, owner, operator, tenant and/ or user will abide by conditions of approval that the City Council attaches to the interim use permit.
9. The Interim Use Permit as well as the Consent Agreement shall expire on the scenario
which occurs first: a. The beginning of the new year January 1, 2027. b. Sale or transfer of the land/business ownership to an outside party. c. The property is reduced below 40 acres.
d. A violation of the conditions of this Consent Agreement.
e. The redevelopment of the Property for a permitted or conditional use as allowed by the City’s zoning regulations. Planning Commission Review. The Planning Commission held a public hearing and reviewed the request at its November 13, 2017 meeting. No one from the public spoke at the public hearing and no comments from the public were received prior to the meeting. The Planning Commission
recommended approval of the request with a vote of 7-0.
OPTIONS:
The Council has the following options:
A) Approve the Interim Use Permit request with recommended findings of fact and
conditions;
B) Amend recommended findings of fact and conditions and approve the Interim Use Permit request with amended findings of fact and conditions;
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C) Deny the Interim Use Permit request, citing findings of fact for denial;
RECOMMENDATION:
Staff and the Planning Commission recommends approval of the proposed Interim Use Permit request, based on the recommended findings and conditions of approval.
“Move adopt Resolution 2017- approving the proposed Interim Use Permit allowing PID#
36.029.21.41.0001 to allow the sale of agricultural products that are grown off site – specifically
Christmas trees, based on the recommended findings and conditions of approval.”
(456 MANNING AVE N, CITY OF LAKE ELMO)
ATTACHMENTS:
1. Application Form 2. Aerial of Property showing Site Plan 3. Proposed Consent Agreement
4. Resolution 2017- approving the proposed IUP
CONSENT AGREEMENT
INTERIM USE PERMIT 1.0 Parties. This Consent Agreement/Interim Use Permit is entered into by and between the City of Lake Elmo, a Minnesota City; and Lake Elmo Sod Farm, The Applicant.
2.0 Recitals. A. Applicant is the record fee owner of the following described property situated in Lake Elmo, MN (“Property”): 456 Manning Ave N, Lake Elmo, MN 55042
That part of the NE1/4-SE1/4 EXC HWY PARCEL 43 MN DOT
R/W PLAT #82-35 &EXC PARCEL #1 WASH CO HWY R/W #36 SECTION 36 TOWNSHIP 029 RANGE 021 as recorded by Washington County Minnesota.
B. The Property is zoned RT by the City of Lake Elmo.
C. Interim uses are allowed in the RT zoning district subject to the regulations
contained in Lake Elmo City Code Section 154.401 – more specifically agricultural Sales Business, which is being requested through the Interim Use Permit (IUP).
D. Applicant has requested that the City allow for the renewal of the IUP:
E. On the 13th day of October 2017, Applicant submitted a completed application for
an Interim Use Permit.
F. On the 13th day of November, 2017, 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, public comments, and
recommended approval of the Interim Use Permit subject to the conditions of the
resolution.
G. On the 21st day of November 2017 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 154.401 of the Zoning Ordinance and Resolution 2012-073 approving the interim use permit.
H. On November 21, 2017, the Lake Elmo City Council approved a request to renew the Interim Use Permit for an additional five years (seasons), and authorized the
Mayor to execute a consent agreement with the Applicant that includes the new
termination date.
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3.0 Terms and Conditions. The Lake Elmo City Council hereby authorizes and
Applicant, for itself, and its successors and assigns, agree that the applied Interim Use
Permit shall be subject to the following conditions:
1. The applicant first sign the approved consent agreement with the City. 2. Items being sold with this IUP may not be sold before the day after Thanksgiving Day and may not be sold beyond the end of the year.
3. The operator must be able to demonstrate at all times that there is sufficient access,
parking, and maneuvering space, suitable and safe access for motorists and pedestrians, and that parking is away from the travel way and within close proximity to the agricultural sales business. Also all sidewalks, roadways, and parking areas shall be maintained properly to eliminate dust as a nuisance to adjacent properties.
4. All waste materials shall be enclosed in containers provided on the site and properly
screened, and shall not generate any nuisance impacts on adjacent properties. 5. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate for the underlying zone. The base daily trip generation is established at 180 vehicle trips
per day for every 40 acres.
6. Any exterior storage of equipment and materials other than the display of products being sold or agricultural equipment currently in use on the property shall be prohibited. 7. The Interim Use Permit is to allow the sale of agricultural products that are grown off site – specifically Christmas trees. Any other items that are not ancillary or grown on site
shall require an amendment to the Interim User Permit.
8. The signing of this document by the applicant also assumes their adherence to the items below; a. The applicant, owner, operator, tenant and/or user has no entitlement to future approval or reapprove of the interim use permit;
b. That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future; and c. That the applicant, owner, operator, tenant and/ or user will abide by conditions of approval that the City Council attaches to the interim use permit. 9. The Interim Use Permit as well as the Consent Agreement shall expire on the scenario
which occurs first:
a. The beginning of the new year January 1, 2027. b. Sale or transfer of the land/business ownership to an outside party. c. The property is reduced below 40 acres. d. A violation of the conditions of this Consent Agreement.
e. The redevelopment of the Property for a permitted or conditional use as allowed
by the City’s zoning regulations. 4.0 Rescission of the Previous Interim Use Permit. The previous Interim Use Permit, which was previously issued for the Property has been rescinded and replaced by this most
recent Consent Agreement/Interim Use Permit.
5.0 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
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counsel. Applicant consents to the terms of this Agreement and its restrictions on the use
of the Property and the Interim Use Area.
6.0 Effective Date. This Consent Agreement/Interim Use Permit shall be effective upon signature execution of all parties.
Date: 11/21/2017
CITY OF LAKE ELMO By: _______________________
Mike Pearson
Mayor
Lake Elmo Sod Farm
By: _______________________ John Myhna Its: _____________________
S:\Land Use\Interim Use\11530 Hudson Blvd N\Interim Use Agreement Renewal 11-21-17.doc
1 Resolution 2017-129
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION NO. 2017-129
A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR AN AGRICULTURAL
SALES BUSINESS AT 456 MANNING AVENUE FOR A CHRISTMAS TREE SALES LOT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and WHEREAS, the Lake Elmo Sod Farm, 456 Manning Avenue, has submitted an application for an Interim Use Permit to continue the operation of a seasonal sales lot from which to sell Christmas Trees that are grown off-site; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
November, 13, 2017 and reviewed and recommended approval of the Interim Use Permit for a seasonal Christmas tree sales lot; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated November 21, 2017;
and WHEREAS, the Lake Elmo City Council reviewed the interim use permit request and consent agreement at its November 21, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following findings: 1. That the procedures for obtaining said Interim Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.107.
2. That all the submission requirements of said Section 154.107 have been met by the applicant. 3. That the proposed Interim Use Permit is to continue the operation of a seasonal
sales lot from which to sell Christmas trees that are grown off-site in an RT – Rural Zoning District. 4. The Christmas trees sales will not occur before the day after Thanksgiving Day and may not be sold beyond the end of the year.
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5. That the interim use includes a display area for Christmas trees, off street parking
area adjacent to the sales lot, and the use of an existing office within the
southernmost pole barn on the premises. The terms and conditions associated with the interim use will not apply to any portion of the site that is already used for permitted activities, including the sod farm.
6. That the proposed use will be located on property legally described as: NE1/4-
SE1/4 EXC HWY PARCEL 43 MN DOT R/W PLAT #82-35 &EXC PARCEL #1 WASH CO HWY R/W #36 SECTION 36 TOWNSHIP 029 RANGE 021. More commonly known as 456 Manning Ave, Lake Elmo MN.
7. That the use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. The RT – Rural district allows for
agricultural sales business, more specifically the sale of Christmas trees. 8. That the use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community. The sales lot is located amongst several
agricultural buildings, and is set back from Manning Avenue. The surrounding uses are agricultural in nature, and the projected traffic levels will not be significant enough to negatively impact adjacent properties.
9. The use will not adversely impact implementation of the Comprehensive Plan.
The applicant is requesting to sell an agricultural product on the site. The comprehensive plan makes mention of Lake Elmo’s history of agricultural character. The sale of Christmas trees will not pose an impact on implementing
the comprehensive plan as it is written.
10. That the date or event that will terminate the use is subject to the conditions below: a. The beginning of the new year January 1, 2027.
b. Sale or transfer of the land/business ownership to an outside party.
c. The property is reduced below 40 acres.
d. A violation of the conditions of this Consent Agreement. e. The redevelopment of the Property for a permitted or conditional use as allowed by the City’s zoning regulations.
11. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. The applicant is not requesting to add any additional structures.
12. That there are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel. At the time of approval there were no
delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel.
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NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the
Interim Use Permit subject to the following conditions; 1. That the applicant signs the approved consent agreement with the City in accordance with Section 154.107, Subd. (C((1)(b) of the City Code.
2. Items being sold with this IUP may not be sold before the day after Thanksgiving Day and may not be sold beyond the end of the year. 3. The operator must be able to demonstrate at all times that there is sufficient access, parking,
and maneuvering space, suitable and safe access for motorists and pedestrians, and that
parking is away from the travel way and within close proximity to the agricultural sales business. Also all sidewalks, roadways, and parking areas shall be maintained properly to eliminate dust as a nuisance to adjacent properties.
4. All waste materials shall be enclosed in containers provided on the site and properly
screened, and shall not generate any nuisance impacts on adjacent properties. 5. Trip generation shall be limited to the yearly average daily trips calculated for the underlying zoning, with no daily trip generation to exceed twice the daily calculation rate
for the underlying zone. The base daily trip generation is established at 180 vehicle trips
per day for every 40 acres. 6. Any exterior storage of equipment and materials other than the display of products being
sold or agricultural equipment currently in use on the property shall be prohibited.
7. The Interim Use Permit is to allow the sale of agricultural products that are grown off site
– specifically Christmas trees. Any other items that are not ancillary or grown on site shall
require an amendment to the Interim User Permit.
8. The signing of this document by the applicant also assumes their adherence to the items
below;
a. The applicant, owner, operator, tenant and/or user has no entitlement to future
approval or reapprove of the interim use permit;
b. That the interim use will not impose additional costs on the public if it is necessary
for the public to fully or partially take the property in the future; and
c. That the applicant, owner, operator, tenant and/ or user will abide by conditions of
approval that the City Council attaches to the interim use permit.
9. The Interim Use Permit as well as the Consent Agreement shall expire on the scenario
which occurs first:
a. The beginning of the new year January 1, 2027.
b. Sale or transfer of the land/business ownership to an outside party.
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c. The property is reduced below 40 acres.
d. A violation of the conditions of this Consent Agreement.
e. The redevelopment of the Property for a permitted or conditional use as allowed by
the City’s zoning regulations.
Passed and duly adopted this 21st day of November, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk