HomeMy WebLinkAboutResolution 92-03RESOLUTION NO. 92 -3
CITY OF LADE ELMO
WASHINGTON COUN'T'Y, MINNESOTA
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
LIN.DER'S HOLDING COMPANY (d /b /a Linder's Greenhouses, Inc.)
TO ALLOW CONSTRUCTION OF GREENHOUSES
WHEREAS, the Linder's Greenhouse, Inc. proper is generally located south of
15th Street, between Inwood Avenue North and the Washington County Lake Elmo
Park Reserve and which property is legally described as:
The N 1/2 of the SW 1/4 of Section 27, Township 29 North, Range 21 West,
Washington County, Minnesota, except that part thereof conveyed to
Washington County on 9 -30 -75 and on 7- 19 -83, said excepted part lying
easterly and northerly of the following described line:
Commencing at W 1/4 of corner of said Section 27; thence N 89 deg. 11 min. 37
sec. E along the North line of said N 1/2 of the SW 1/4, 1651.46 feet to the point
of beginning; thence S 0 deg. 42 min. 52 sec. E, 73.02; thence S 89 deg. 17 min.
08 sec. W, 95.00 feet; thence S 0 deg. 42 min. 52 sec. E, 160.00 feet; thence N 89
deg. 17 min. 08 sec. E, 95.00 feet; thence S 34 deg. 42 min. 07 sec. E 695.58 feet;
thence N 89 deg. I I min. 40 sec. E 14.00 feet; thence S 9 deg. 48 min. 20 sec. E,
95.00 feet; thence N 89 deg. 11 min. 40 sec. E 215.00 feet; thence N 0 deg. 48 min.
20 sec. W, 95.00 feet; thence N 89 deg. 11 min. 40 sec. E, 373.66 feet to the E line
of said N 1/2 of the SW 1/4 and there terminating; subject to existing rights -of-
way and easement of records, and reserving from the above described parcel,
over a strip of land 20.00 feet in width lying adjacent to and North of the North
line of the SE 1/4 of the SW 1/4 of said Section 27, and easement for an
equestrian and pedestrian trail without hard surface; and said trail easement
being reserved exclusively to Seller for future disposition.
WHEREAS, the Linder's Greenhouse, Inc. property is currently zoned
Agricultural; and,
WHEREAS, the Zoning Code, under Section 301.070 D.b.(1) permits greenhouses,
in an Agricultural Zoning District, under a Conditional Use Permit; and,
WHEREAS, on July 19, 1988, the Lake EImo City Council approved a Conditional
Use Permit for Linder's Greenhouse, Inc. which permitted the construction of 7,250
square feet of storage and 29,000 square feet of greenhouse area; and
WHEREAS, On June 20, 1989, the Lake Elmo City Council approved an
amendment to the Conditional Use Permit for binder's Greenhouse, Inc. thereby
allowing the construction of an additional 31,200 square feet of greenhouse area; and
WHEREAS, on May 7, 1991, Linder's Greenhouse, Inc. applied for a second
amendment to the original Conditional use Permit so that it would be allowed:
A. to construct an additional 14,400 square feet of storage area which would
result in total storage area of 21,650 square feet, and
B. to construct an additional 165,400 square feet of greenhouse area which
would result in a total greenhouse area of 225,600 square feet.
WHEREAS, on June 10, 1991, the Lake Elmo Planning Commission held a public
hearing to consider the application for a second amendment to the original Linder's
Greenhouse, Inc. Conditional Use Permit; and
WHEREAS, in accordance with the rules and regulations of the Minnesota
Environmental Quality Board, an Environmental Assessment Worksheet was prepared
describing the proposed total development for the Linder's Greenhouse site; and
WHEREAS, on December 17, 1991, the Lake Elmo City Council, pursuant to
appropriate procedures, made a negative declaration determining that an
Environmental Impact Statement would not be required for the Linder's Greenhouse,
Inc. proposal; and
WHEREAS, On January 13, 1992, the Lake Elmo Planning Commission, upon
further review of the applicant of Linder's Greenhouse, Inc. and the results of the
Environmental Assessment Worksheet, recommended to the Lake Elmo City Council
that the application for a second amendment to the Linder's Greenhouse, Inc.
Conditional Use Permit be approved subject to certain conditions; and
WHEREAS, the application has been favorably reviewed by the City's Fire Chief
and the Washington County's Sheriff Department; and
WHEREAS, upon passage, it is the intent of the Lake Elmo City Council that the
terms and conditions of this Resolution shall supercede all prior approvals granted
for Conditional Use Permits on the Linder's Greenhouse, Inc, site as described herein.
MOW, THEREFORE, it is hereby resolved by the Lake Elmo City Council that the
application of Linder's Greenhouse, Inc. for a second amendment to its original
Conditional Use Permit is hereby granted subject to the following conditions and
restrictions.
1. Retail sales shall not be permitted on site.
2. Proper maintenance of the storm pond and outlet structure shall be the
responsibility of the property owner.
3. The owner shall obtain a water appropriation permit from the Minnesota
Department of Natural Resources.
4. Phase II construction shall include restrooms and on -site sewage
treatment in accordance with City, County and State standards for such
facilities. A site plan submitted to the City Building Inspector shall
include a primary and secondary drainfield location.
5. Lighting, on the site, and for the greenhouses, shall conform to existing
City Code lighting standards and requirements, as set forth in Section 1508
of the City Code; all lighting shall be shielded to diffuse lighting from
surrounding properties.
6. Agricultural chemical will be stored in not more than four metal lockers
each measuring two feet by three feet by six feet (2'x3'x6') (or an
equivalent size in volume), which lockers will meet all applicable Federal,
State and Local regulations. The location of the storage lockers will be in
the warehouse area. The chemicals stored will consist of fungicides,
pesticides, herbicides and disinfectants. Upon request by the City, the
applicant will also submit to the City Administrator and the Fire Marshall
each year a list of anticipated chemical use for the year by type, brand
name and volume, as well as the location in the warehouse of the storage
lockers. Fertilizers will be stored in plastic lined containers in a flood
free area as required by all applicable Federal, State and Local
regulations. All chemicals stored on the site shall be for use at the Lake
Elmo facility and the amount stored should not exceed what is needed for a
typical growing season.
7. All petroleum products stored on the site will be for use on the site and
will be stored and used in compliance with all applicable Federal, State
and Local regulations.
8. Adequate off- street parking shall be provided as demonstrated on the site
plan prepared by SEII, File No. 92014 and dated February 4, 1992. Off street
parking shall be confined to the gravel base area.
9. The three staggered rows of evergreen tress planted around the
perimeter of the west 40 acres shall be maintained properly and replaced
when needed.
10. Additional landscaping and berming shall be constructed, planted and
maintained properly and replaced when needed as shown on the site plan
prepared by SEH, File No. 92014 and dated February 4, 1992.
11. The City of Lake Elm recognizes that Linder's will not construct all of
Phase II at one time but over a period of years. The City also recognizes
that the traffic generated by Phase II may contribute to the necessity for
additional maintenance or a roadway improvement project to maintain
accessibility and to protect the public health, safety and welfare.
Therefore, Linder's Greenhouse, Inc. agrees to the following:
A. The existing routine maintenance performed by the City to 15th
Street includes: during Iate spring, summer and early fall
approximately every two weeks the road is graded and calcium
chloride is applied as necessary for dust control. Linder's Green-
house, Inc. will pay 100% of the cost of calcium chloride and its
application.
B. The Phase 11 of Linder's Greenhouse, Inc. CUP will generate
additional traffic on 15th Street, which will increase the amount of
heavy commercial vehicles per day. If, as determined by the City
staff, additional gravel needs to be added to specific trouble spots on
the roadway, Linder's Greenhouse, Inc. will pay 100% of the cost of
adding the gravel.
C. If the Lake Elmo City Council determines the need and orders a road
improvement project for 15th Street, Linder's Greenhouse, Inc.
agrees to pay for 45% of the cost of the needed improvements.
D. Each year on or about May 1
as he deems necessary, the City
Engineer shall inspect 15th Street
based upon actual traffic counts.
Based upon that inspection and any complaints that may have been
received, the City Engineer shall
determine in his best professional
judgement whether present or reasonably
projected usage requires
improvements to the road. If
at that time, the City Engineer
determines that the road conditions
are impassible and pose a public
safety concern due to restrictive
access, the City may temporarily
delay the continued construction
of Phase 11 only until necessary
road maintenance or improvements
are made in order to protect the
public health, safety and welfare
or until it is determined that no
improvements are needed.
E. If Linder's ceases to use the road for access to its facility prior to a
City decision to order- a road improvement, Linder's assessment for
such improvements shall then be based on Lake Elmo's normal
means of assessments for road improvements.
F. All assessments for needed improvements shall be assessed against
Linder's property over the same period as any other property
subject to such assessments.
12. The total impervious surface area of this development including past,
present and future shall not exceed 25% of the 54 acre parcel size.
13. No use allowed under this Conditional Use Permit shall cause pollution nor
shall any hazardous materials be stored on the site, other than those
required for operation of said greenhouse.
14. This Conditional Use Permit does not include approval of any additional
development. Additions and changes to this Conditional Use Permit shall
require a CUP Amendment.
1992.
ADOPTED, by the City Council of the City of Lake Elmo -...... th - is _ _.- 4th day of February,
,........._.:v_... ......_
Signed:
David Johnson, Mayor
Attest: �C,4,C•� (: ��;?
Mary Ikueffn City Administrator