HomeMy WebLinkAbout2017-129 - CopyCITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINI ESOTA
RESOLUTION NO. 2017-129
A RESOL UTION APPRO VING AN INTERIM USE PERMIT FOR AN A GRICUL TURAL
SALES B USINESS A T 4 5 6 MA NNING A VENUE FOR A IT `TT TREE SALES L 0 T
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 ET —
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.
Resolution 2017-129
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 pennitted activities, including the sod farin.
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7. That the use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. TlieRT—Rtiralclistrictallows.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 nattire, and theprQjected traffic levels will not be
sign ijicant enotigh to negatively impact adjacentproperties.
9. The use will not adversely impact implementation of the Comprehensive Plan,
The applicant is reqnesting to sell an agricultural prod act oil the site. The
coinprehensive plan makes mention of Lake Elmo's history of agricaltural
character. Ae sale oJ'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 qf the new year January 1, 202 T
liSale or transfer oJ'the land/business ownership to an outsidepaqv.
c. The property is reduced below 40 acres.
dA violation of the conditions qf this Consent Agreement.
e. The redevelopment of the Property for a perinitted or conditional use as
allowed by the 'it'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 ofapproval there were no
delinquent property taxes, special assessinents, interest, or city litility.fees dile
anon theparcel.
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Resolution 2017-129
1. That the applicant signs the approved consent agreement with the City in accordance with
Section 154. 107, ubd. {C((I)(b) of the City Code.
2. Items being sold with this 1UP 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.
5Trip 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 pen -nit,
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 landibusiness ownership to an outside party.
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Resolution 2017-129
c. The property is reduced below 40 acres.
d. _ A violation of the conditions of this Consent Agreement.
ent.
e. The redevelopment of the Property for a pertnitted or conditional use as allowed by
the Cit 's zoning regulations.
Passed and duly adopted this 2 1 day of November, 2017 by the City Council of the City of Lake
Elmo, Minnesota,
i e Pearson, Mayor
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Resolution 2017-12