HomeMy WebLinkAbout#03 - Country Sun Farm IUP RenewalSTAFF REPORT
DATE: 9/19/2023
CONSENT
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Country Sun Farm – Renewal of Interim Use Permit
REVIEWED BY: Kristina Handt, City Administrator
Sarah Sonsalla, City Attorney
BACKGROUND:
Country Sun Farm is located at 11211 60th Street North has been in operation since the mid
1970’s. The site has a Conditional Use Permit (CUP), granted in 1984, for the agriculture
entertainment uses and agriculture business on the site which has been amended and updated
through the years.
On September 20th, 2011 the City Council approved an Interim Use Permit (IUP) related to
agriculture business sales to allow the sale of agricultural products grown off site. On July 2nd,
2013 the City Council renewed the IUP for Country Sun Farm. In the time since the 2013
renewal the City has not received significant complaints regarding the operation of the site or
been made aware of any nuisances created from the business or the offsite production and sale.
Keith Bergmann, one of the owners of Country Sun Farm, has submitted an IUP application
requesting a 20-year renewal of the existing IUP as-is with no changes or expansion.
On August 30th 2023 a notice of the Country Sun Farm’s request for an IUP renewal was sent to
property owners within 350’ of the site. No objections or concerns were raised by the
surrounding property owners during the comment period. Per City Code Section 105.12.300(h) if
no objections are raised, a resolution of approval outlining the conditions and stipulations of the
renewal shall be brought directly to City Council for consideration.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is being asked to consider and make a determination on the 20-year renewal of
the Country Sun Farm’s IUP and enter into the consent agreement
PROPOSAL DETAILS/ANALYSIS:
Applicant: Keith Bergmann
Property Owners: Richard and Eileen Bergmann
Location: 11211 60th St N
Request: Renew the existing IUP.
Site Area: ~ 150 acres
Existing Land Use: Agriculture
Existing Zoning: Agriculture and Rural Residential
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Surrounding: North – Highway 36
West – Lake Elmo Avenue
South – Rural Residential (RR)
East – Rural Residential (RR) and Open Space PUD (OP-PUD)
Comprehensive Plan: Rural Area Development (RAD)
History: Country Sun Farm has been in operation since the mid 1970’s. The site
has a CUP for agriculture business sales and agriculture entertainment
uses on the site. The CUP was last amended in 2013. In 2011 an IUP was
issued for the sale of agriculture products that were produced off site. The
IUP was last renewed in 2013.
Deadline for Action: Application Complete – 8/30/2023
IUP 30-Day Extension – 10/20/2023
60 Day Application Deadline – 10/29/2023
Regulations: Article XI – Rural Districts
Article V – Zoning Administration and Enforcement
Article XXI – Design and Performance Standards
FISCAL IMPACT:
Staff has not found that the proposed renewal will have any impact to the City.
RECOMMENDATION:
Since the site has not been the subject of complaints, nuisances, or objections; and since the
applicants are not proposing any changes or expansion with this IUP renewal staff is
recommending the 20-year renewal request be approved subject to the conditions listed in the
consent agreement.
Staff recommends the City Council approve, as part of the consent agenda, the renewal request
and Consent agreement for Country Sun Farm. If removed from the Consent Agenda Staff
suggests the following motions:
“Move to approve Resolution 2023-86 approving a 20-year renewal of the Interim Use Permit
for Country Sun Farm for an agriculture business sales to allow the sale of agricultural
products grown off site subject to the conditions listed in the consent agreement.”
AND
“Motion to approve and enter into the Consent Agreement between the City of Lake Elmo and
Country Sun Farm for the Interim Use Permit renewal”
ATTACHMENTS:
1) Location Map/Site Inventory
2) Application
3) Narrative
4) Resolution 2023-86
5) Consent Agreement
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Country Sun Farm and Greenhouses IUP Statement
Country Sun Farm and Greenhouses is a family owned and operated
business. The owners include:
Richard and Eileen Bergmann
5500 Lake Elmo Ave. N.,
Lake Elmo Mn 55042
651-468-8393
Keith Bergmann
5833 Lake Elmo Ave. N.,
Lake Elmo Mn 55042
651-399-7423
Chad Bergmann
11459 60th Street North,
Stillwater Mn. 55082
612-845-7378
Troy Bergmann
9850 Manning Ave. N.,
Stillwater Mn. 55082
651-324-9799
Country Sun Farm’s site is located at 11211 60th Street North, Lake Elmo
Mn. 55042 . The property is zoned Agricultural and Rural Residential, it
encompasses 149 acres or roughly 6,490,440 square feet. The property
identification numbers are as follows: 0102921120006, 0102921210008,
0102921220002, 0102921220008, 0102921230004, 0102921240001.
History of the property: The different parcels of property were purchased
over the years by Richard and Eileen Bergmann starting back in 1970.
Originally the site was used to grow pick your own strawberries and
raspberries, and vegetables such as sweet corn, pumpkins, squash and
gourds. These were sold to retail customers in an open air market. A
greenhouse was added by 1973 to facilitate vegetable production and
some flowers were grown and sold as well. In 1984, the business
expanded and with permission from the city, the sales building and
greenhouses were built along highway 36. At this time a conditional use
permit was issued by the city to allow for the sale of agricultural products
which included flowers, vegetables such as pumpkins, squash and gourds,
and Christmas trees. As time passed, the business moved from just
Agricultural Sales to also include Agricultural Entertainment. In 2011 the
city added to the original Conditional Use Permit which allowed for
Agricultural Sales, to now include Agricultural Entertainment. While the
business still grows and sells flowers and greenhouse products, fall
Halloween items such as pumpkins, squash and gourds, Christmas trees
and wreaths, it also participates in Agricultural Entertainment activities
which include a Hayride, Corn Maze, Petting Zoo, Silly String fun zone,
inflatable bouncers, a Corn Pit, Gem Mining, coin operated Kiddie Rides
and Games, and a concession stand.
Also in 2011, an Interim Use Permit was issued to allow for the sale of
agricultural items which were not grown on the contiguous property.
Country Sun Farm grows all of its own pumpkins and vegetables but some
crops are grown on adjacent pieces of land not contiguous to the main farm
within the city of Lake Elmo, and some crops are grown on land owned by
Country Sun Farm in Wisconsin. Christmas trees in the past have been
grown on land leased by Country Sun Farm and from outside vendors.
During times of drought or due to other crop failures, some crops have also
had to be sourced from outside vendors as well.
Currently Country Sun Farm would like to ask for a 20 year interim use
permit to allow the property to be used for Agricultural Sales. This would be
a simple continuation of the previously approved interim use permit which
allowed for “the sale of agricultural products that were grown off site, which
would include flower and vegetable plants, pumpkins, squash, corn,
vegetables and Christmas trees. Any other items wishing to be sold that
are not otherwise grown on site or considered an ancillary item shall
require an amendment to the Interim Use Permit.”
This permit would be valid until any one of the events listed below occurs:
1. For twenty (20) years from the initial date of acceptance.
2. Upon the sale of the property or a transfer of ownership to an outside
party (non-family member) - the City will review said Permit with
prospective and/or new owner(s) for potential renewal without new
application.
3. Until a violation of the conditions 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.
Country Sun Farm acknowledges that:
1. the applicant, owner, operator, tenant and/or user has no
entitlement to future approval or reapproval of the interim use
permit;
2. 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
3. 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.
Country Sun Farm also agrees to the following findings:
1. An interim use permit for the sale of Agricultural Goods is
allowed as an interim use in the Agricultural and Rural
Residential zoning districts and conforms to standard zoning
regulations.
2. This permit 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.
3. This permit will not adversely impact implementation of the
Comprehensive Plan.
4. Country Sun Farm agrees to all conditions that the City Council
deems appropriate to establish this interim use. Which 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 expiration of the
interim use permit.
5. There are no delinquent property taxes, special assessments,
interest, or City utility fees due upon the subject parcels.
6. The date or event terminating the interim use shall be set by the
City Council at the time of approval.
Thank you for your time and consideration in this matter,
Keith Bergmann
Country Sun Farm
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LA515-1-901612.v1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-86
A RESOLUTION APPROVING THE RENEWAL OF AN INTERIM USE PERMIT TO
ALLOW AGRICULTURAL SALES ON THE PROPERTY LOCATED AT 11211 60TH
STREET NORTH (COUNTRY SUN FARM & GREENHOUSE INC.)
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, Richard J. Bergmann and Eileen Bergmann are the owners of the following
properties: 0102921220003, 0102921220008, 0102921220002, 0102921230004,
0102921210008, and 0102921120006; and the Richard J. & Eileen R. Bergmann Trust is the
owner of the following property: 010292124001 (collectively, the “Owners” and the “Property”);
and
WHEREAS, the Property is zoned Agricultural and Rural Residential; and
WHEREAS, interim uses are allowed in the Agricultural and Rural Residential zoning
districts subject to the regulations in Section 105.12.300 of the City Code; and
WHEREAS, COUNTRY SUN FARM & GREENHOUSE INC. (the “Applicant”)
operates an interim agricultural sales business on the Property pursuant to an interim use permit
that was issued by the City on September 20, 2011 (the “Interim Use Permit”); and
WHEREAS, the Interim Use Permit was renewed by the City on July 2, 2011 for an
additional 10 years; and
WHEREAS, on $XJXVW30th, 2023, the Applicant submitted a complete application to
the City to renew the Interim Use Permit for an additional 20 years; and
WHEREAS, the City Planner has sent notice of the requested renewal of the Interim Use
Permit to all property owners within 350 feet of the Property; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake
Elmo as follows:
1. The Applicant’s application to renew the Interim Use Permit for an additional 20
years is hereby approved.
2. The approval of the renewal of the Interim Use Permit is conditioned upon the
Applicant and the Owners executing the Consent Agreement that is attached to this
Resolution as Exhibit A which contains the terms and conditions of the Interim Use
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LA515-1-901612.v1
Permit. Said Consent Agreement must be fully executed within 30 days of the date of
this Resolution or the City’s approval of the extension of the Interim Use Permit shall
automatically be rescinded.
Passed and duly adopted this 19th day of September, 2023 by the City Council of the City of Lake
Elmo, Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk
LA515-1-901588.v2
CONSENT AGREEMENT
INTERIM USE PERMIT
1.0 Parties. This Consent Agreement/Interim Use Permit (this “Agreement”) is
entered into by and among the City of Lake Elmo, a Minnesota municipal
corporation (the “City”); Richard J. Bergmann and Eileen Bergmann, married to
each other and the Richard J. & Eileen R. Bergmann Trust (collectively, the
“Owners”); and COUNTRY SUN FARM & GREENHOUSE INC., a Minnesota
corporation (the “Applicant”).
2.0 Recitals.
A. The Owners are the fee owners of 150.4 acres of property located at 11211
60th Street North as more particularly described as follows:
Richard J. Bergman and Eileen Bergmann:
Parcel IDS: 0102921220003, 0102921220008, 0102921220002,
0102921230004, 0102921210008, 0102921120006
Richard J. & Eileen R. Bergmann Trust:
Parcel ID: 0102921240001
All of the parcels are shown on the attached Exhibit A.
(the “Property”).
B. The Property is zoned Agricultural and Rural Residential.
C. Interim uses are allowed in the Agricultural and Rural Residential zoning
districts subject to the regulations contained in Section 105.12.300 of the
City Code.
D. The Applicant operates an interim agricultural sales use on the Property
pursuant to an interim use permit that was issued by the City on September
20, 2011. Said interim use permit was renewed by the City on July 2, 2013
for an additional 10 years.
E. On the 30th day of August, 2023, Applicant submitted a complete
application to the City to renew the interim use permit for an additional 20
years. The Owners consented to the application.
F. The City Planner has sent notice of the requested renewal of the interim
use permit to all property owners within 350 feet of the Property.
G. On September 19, 2023, the Lake Elmo City Council approved the
Applicant’s request to renew the interim use permit for an additional 20
LA515-1-901588.v2 2
years, and authorized the Mayor and the City Clerk to execute a consent
agreement with the Applicant and the Owners that includes the new
expiration date.
3.0 Terms and Conditions. The City, the Applicant, and the Owners agree that the
interim agricultural sales use on the Property shall be subject to the following
conditions:
A. The Applicant, the Owners, and their heirs, successors, and assigns,
shall have no entitlement to future renewal of the interim use permit
by the City.
B. The Applicant and the Owners must be able to demonstrate at all
times to the City that there is sufficient access, parking, and
maneuvering space on the Property, that the location and adequacy
of approaches are sufficient, that there is suitable and safe access
for pedestrians on the Property, and that customer parking is located
away from any routes of travel by vehicles and in close proximity to
the agricultural sales business.
C. All waste materials shall be enclosed in containers provided on the
Property and shall not generate any nuisance impacts on adjacent
properties.
D. All sidewalks, roadways, and parking areas shall be treated as
necessary to eliminate dust nuisance impacts on adjacent
properties.
E. Trip generation shall be limited to the yearly average daily trips
calculated for the underlying zoning district, with no daily trip
generation to exceed twice the daily calculation rate for the
underlying zoning district. The base daily trip generation is
established at 180 vehicle trips per day for every 40 acres. It was
determined that 150.4 acres of land will be utilized for calculating trip
generation.
F. 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
by the City Code.
G. There shall be a minimum buffer of 100 feet between any sales areas
or sales buildings and any adjacent residential property lines.
H. Roof top or outside building mechanical equipment must be
screened from view from adjacent properties and rights-of-way with
an opaque material that is architecturally compatible with the
building(s).
LA515-1-901588.v2 3
I. Trash containers on the Property must be located indoors or
screened in an acceptable manner.
J. The interim use permit is to allow the sale of agricultural products
that were grown off site, which are as follows: flower and vegetable
plants, pumpkins, squash, corn, vegetables, and Christmas trees.
Said products must be sold at the retail greenhouse center and
growing range which is the building designated for agricultural sales
on the Property. Any other items that the Applicant or the Owners
would like to be sold on the Property that are not otherwise grown on
site or considered an ancillary item shall require an amendment to
this interim use permit.
K. The expansion, intensification, or alteration of an existing use shall
also require notification to City staff by the Applicant or the Owners
prior to any change in the existing use. In addition, any new uses
proposed by the Applicant or the Owners shall also require advance
notice to City staff. The City Council will determine if the proposed
expansion, intensification, or alteration of the existing use or a new
use will require an amendment to the interim use permit or to the
existing conditional use permit on the Property.
L. The Applicant, the Owners, and their heirs, successors, and assigns,
agree that in the event of a full or partial taking of the Property by a
governmental unit that the value of the Property taken will be based
on its highest and best use as it existed prior to the City’s approval
of the interim use permit.
M. The Applicant and the Owners shall work with City staff to maintain
a master inventory of all buildings and activities taking place on the
Property, including any permitted agricultural activities, agricultural
entertainment uses, and all other sales activities associated with the
conditional use permit and the interim use permit. This inventory
shall include the building sizes, locations, activities, and the dates of
construction of the buildings among other relevant information.
N. This interim use permit does not authorize the conducting of any
activity that would otherwise require an interim use permit as an
agricultural entertainment business.
O. This interim use permit is valid until any one of the events listed
below occurs:
1. For 20 years from the expiration date of the current interim
use permit (September 20, 2043);
2. Upon the sale of the property or a transfer of ownership to an
outside party (non-family member) - the City will review said
LA515-1-901588.v2 4
Permit with prospective and/or new owner(s) for potential
renewal without new application;
3. Until a violation of any of the conditions of this 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.
P. The Applicant and the Owners agree to work in good faith with
Washington County in efforts to address planning and identification
of easement/right-of-way needs for long-term improvements to Trunk
Highway 36 and associated intersections, especially those that
minimize impacts on the usage of the rest of the Property.
4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the
Council upon the occurrence of either of the events listed in Section 3.0,
paragraphs (O)(1) or (O)(2) above. A renewal application must be requested in
accordance with Section 105.12.300 (h) of the City Code.
5.0 Acknowledgement of the Conditional Use Permit. Any conditional use permit that
was previously issued by the City for the Property is allowed to continue in
conjunction with this interim use permit.
6.0 Acknowledgement and Consent. The Applicant and the Owners acknowledge that
this is a legally binding agreement and that Applicant and the Owners have had an
opportunity to review the Agreement with legal counsel. The Applicant and the
Owners consent to the terms of this Agreement and its restrictions on the use of
the Property.
7.0 Effective Date. This Agreement shall be effective upon execution by all parties.
LA515-1-901588.v2 5
Date: September 19, 2023
CITY OF LAKE ELMO
By: _______________________
Charles Cadenhead
Its: Mayor
By: _________________________
Julie Johnson
Its: City Clerk
LA515-1-901588.v2 6
APPLICANT:
COUNTRY SUN FARM &
GREENHOUSE, INC.
By: ____________________________
Its: ____________________________
OWNERS:
By: ___________________________
Richard J. Bergmann
By: ___________________________
Eileen Bergmann
RICHARD J. & EILEEN BERGMANN TRUST
By: ________________________________
Its: _______________________________
LA515-1-901588.v2 7
EXHIBIT A
Map of the Property