HomeMy WebLinkAbout#14 - MYP Ag Zoning Text Amendment Denial1
STAFF REPORT DATE: 2/6/2024 Consent
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Agriculture Zoning District Uses – MYP Landscape Supply
BACKGROUND: MYP Landscape Supply located at 9591 60th St (PID 03.029.21.12.0001) has requested a zoning
text amendment to the agricultural zoning district. The request is to include yard waste recycling
and landscape supply as conditional uses to Table 9-1. As part of this request, City Staff has reviewed adjacent Cities regulations and is recommending adding definitions as part of this proposed amendment. At the January 16th, 2024, City Council meeting the Council directed Staff to being forward a
resolution for denial of the proposed text amendment. ISSUE BEFORE CITY COUNCIL The City council is being asked to make a determination on the proposed zoning text amendment.
OPTIONS
• Approve the proposed amendment.
• Amend the proposed amendment.
• Deny the proposed amendment. RECCOMENDATION: Staff is recommending that the City Council approved the denial resolution as part of the consent
agenda. If removed from the consent agenda Staff recommends the City Council approves the
request with the following motion: “Move to adopt Resolution 2024-014 denying the request from MYP Landscape Supply LLC for a zoning text amendment to amend the agricultural zoning district and land use definitions to
include landscape supply wholesale and yard waste recycling.”
ATTACHMENTS:
• Resolution 2024-014
1
LA515-1-927727.v2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-014
A RESOLUTION DENYING THE REQUEST FROM MYP LANDSCAPE SUPPLY LLC
FOR A ZONING TEXT AMENDMENT TO AMEND THE AGRICULTURE ZONING
DISTRICT AND LAND USE DEFINITIONS IN THE LAKE ELMO ZONING CODE TO
INCLUDE “LANDSCAPE SUPPLY WHOLESALE” AND “YARD WASTE RECYCLING”
AND TO MAKE SAID USES CONDITIONAL USES IN THE AGRICULTURAL ZONING
DISTRICT
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, MYP Landscape Supply LLC (the “Applicant”) has submitted an application to the City for a zoning text amendment to amend the agriculture zoning district uses
and land use definitions to include “landscape supply wholesale” and “yard waste recycling” and
to allow these uses to be conditional uses in the Agricultural zoning district; and WHEREAS, notice has been published pursuant to the Lake Elmo Zoning Code, Section
103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on December 11th 2023; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated January 16th 2024;
and WHEREAS, the City Council considered said matter at its January 16th 2024 meeting and directed City staff to draft a resolution denying the zoning text amendment for its
consideration; and
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS
1) That the procedures for obtaining a zoning text amendment are found in Section 105.12.280
of the Lake Elmo Zoning Code.
2) That all submission requirements of Section 105.12.280 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed zoning text includes the following components:
2
LA515-1-927727.v2
a) Amending Section 105.12.620 Table 9-1 to include “landscape supply wholesale” and
“yard waste recycling” as conditional uses in the Agricultural zoning district.
b) Amending Section 105.12.110 to include definitions for “landscape supply wholesale”
and “yard waste recycling” uses.
4) The proposed uses would negatively impact the public health, safety, and welfare by
bringing additional noise, vibrations, and odors that would affect neighboring residential
properties given these types of uses’ propensity to utilize heavy equipment and large
vehicles and to store decomposing yard waste.
5) Because Agricultural district properties are often adjacent to residential properties,
including the Applicant’s property, the proposed uses are incompatible with surrounding
land uses, given that they produce a large amount of noise and vibrations from large vehicle
and heavy equipment use.
6) There is no need for a yard waste disposal use in the Agricultural zoning district as there
are many yard waste disposal sites already available to City residents.
7) By allowing these types of uses within the Agricultural district, they will be allowed not
only for the Applicant’s property but for all Agricultural district properties within the City
which may cause there to be negative impacts to other properties that surround these
Agricultural district properties.
DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, the City Council of the City of Lake Elmo hereby denies the request from MYP Landscape Supply LLC for a zoning text amendment.
Passed and duly adopted this 6th day of February 2024 by the City Council of the City of Lake
Elmo, Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk