HomeMy WebLinkAboutResolution 98-089
RESOLUTION NO. 98 -8
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO LINDER'S
GREENHOUSES, INC. TO ALLOW CONSTRUCTION OF GREENHOUSES.
1.0 WHEREAS, Linder's Greenhouses, Inc. ( "Permittee")
represents that it is the record fee owner of the following
described property situated in Washington County, Minnesota:
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. 11 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
( "Subject Property")
2.0 WHEREAS, on October 14, 1997, Permittee submitted an
application ( "Application ") to the City of Lake Elmo ( "City ") for
an amendment to its original conditional use permit ( "CUP ") in
order to complete the development of the Subject Property for
greenhouses consistent with the City's zoning regulations.
3.0 WHEREAS, the Application was reviewed and approved by the
City's Planning Commission at a public hearing on November 10,
1997.
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4.0 WHEREAS, the Application, the recommendations of the
City's Planning Commission, and the recommendations of the City's
Staff were reviewed and the Application was approved by the City's
Council on November 18, 1997, subject to the following conditions:
A. A new traffic count ( "Peak Traffic Records ") shall be
prepared by Permittee and submitted to the City Planner
and City Engineer prior to May 1, 1998 for review and
approval. Based upon the Peak Traffic Records, the City
shall determine if 15th Street needs to be upgraded.
B. An erosion control plan for the final phase of the
development shall be prepared by Permittee and submitted
to the City Engineer prior to May 1, 1998 for review and
approval.
C. All conditions of City Resolution No. 92 -3 which continue
to be applicable to the development of the Subject
Property shall continue to apply and be incorporated in
this permit.
D. An appropriate resolution authorizing the permit and
including the conditions of the permit shall be prepared.
5.0 NOW, THEREFORE, BE IT RESOLVED that a CUP is hereby
issued to Permittee, its successors and assigns, allowing the
Subject Property to be used for greenhouses subject to the
following conditions:
A. Retail sales shall not be permitted on site.
B. Proper maintenance of the storm pond and outlet structure
shall be the responsibility of the property owner.
C. The owner shall obtain a water appropriation permit from
the Minnesota Department of Natural Resources.
D. All buildings on the Subject property shall comply with
appropriate city, county and state standards for such
facilities. Permittee shall submit a current site plan
for the completed development to the City Building
Inspector which shall be maintained on file with the City
and shall illustrate the primary and secondary drainfield
locations.
E. Lighting of the Subject Property and of the greenhouses
located thereon shall comply with the City's lighting
code as it existed when Resolution 92 -3 was approved.
All lighting shall be shielded to diffuse lighting from
surrounding properties.
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F. Agricultural chemicals will be stored in not more than
four metal lockers, measuring two feet by three feet by
six feet (21 x3'x6' or an equivalent size or volume) ,
which lockers will meet all applicable federal, state and
local regulations. 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 Permittee
will also submit to the City Administrator and the Fire
Marshall each year a list of an 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 Subject Property and the
amount stored should not exceed what is needed for a
typical growing season.
G. All petroleum products stored on the Subject Property
will be for use on the Subject Property and will be
stored and used in compliance with all applicable
federal, state and local regulations.
H. Adequate off - street parking shall be provided as
demonstrated on the site plan prepared by SEH File No.
92014 and dated January 29, 1991. Off- street parking
shall be confined to the gravel base area.
I. The three -stage rows of evergreen trees planted around
the perimeter of the west forty acres of the Subject
Property shall be maintained properly and replaced when
needed.
J. Additional landscaping and berming shall be constructed,
planted, maintained properly and replaced when needed as
shown on the site plan prepared by SEH File No. 92014
dated January 29, 1991.
K. The traffic generated by the final build -out phase of the
Subject Property as approved by this Conditional Use
Permit may contribute to the necessity for additional
maintenance or for a roadway improvement project to
maintain accessibility and to protect the public health,
safety and welfare. Permittee, therefore, agrees to the
following:
1. During the late Spring, Summer and early Fall, 15th
Street shall be graded and calcium chloride
applied, as necessary, for dust control
approximately every two weeks. This work shall be
done by the City and paid for by the Permittee.
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2. Permittee shall prepare new traffic counts for 15th
Street illustrating Peak Traffic Periods and shall
submit such reports for review by the City Planner
and City Engineer. Based upon the traffic studies,
the City shall determine if 15th Street needs to be
upgraded. If, as determined by the City's Staff,
additional gravel needs to be added to specific
trouble spots on 15th Street, Permittee shall pay
100% of the cost of adding such gravel. If, based
upon the new traffic counts, the City determines
that a road improvement project for 15th Street is
necessary, Permittee agrees to pay for 450 of the
cost of such improvement project.
3. The City Engineer shall inspect 15th Street on or
about May ist of each year and determine whether
present or reasonably projected usage requires
improvements to the road. If the City Engineer
determines that road conditions are impassable and
pose a public safety concern due to restrictive
access, the City may temporarily delay the use of
the road for the development of the final phase of
the greenhouse project but only until necessary
road maintenance or improvements are made or until
it is determined that no improvements are
necessary.
4. If Permittee ceases to use 15th Street for access
to the Subject Property prior to a City decision to
order a road improvement, lender's assessments for
such improvement project shall then be based upon
Lake Elmo's normal means of assessments for road
improvements.
5. All special assessments for needed road
improvements shall be assessed against the Subject
Property over the same period as any other
properties adjacent to the Subject Property.
L. Permittee shall submit an erosion control plan for the
final build -out phase and shall be approved by the City
Engineer.
M. No use allowed under this CUP shall cause pollution nor
shall any hazardous materials be stored on the Subject
Property other than those required for operation of such
greenhouses.
5.0 All prior resolutions approved by the City relating to
the use of the Subject Property are hereby rescinded and this
Resolution shall control the use of the Subject Property.
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7.0 Any violation by Permittee, its successors or assigns, of
the conditions of this CUP shall be deemed a violation of the Lake
Elmo zoning regulations entitling the City to the various remedies
provided therein including a rescission of this CUP.
8.0 A certified copy of this Resolution shall be filed by the
City Administrator with the Washington County Recorder or Registrar
of Titles. If the Subject Property is torrens, the Permittee shall
provide the City with the Owner's Duplicate Certificate of Title in
order to allow the City to file a certified copy of the CUP.
9.0 The invalidity of any condition, limitation, provision,
paragraph, or sentence in this CUP shall not impair or affect in
any manner the validity, or enforceability of the remainder of the
provisions of this CUP.
CITY OF LAKE ELM
Approved by the Lake By:
Elmo City Council on Wyn Jo Ma
the 3rd day of
Februar;i By:
Mary Ku ff e ity Administrator
LINDER'S GREENHOUSES, INC.
:
B Y
Reviewed and accepted
on the --L�-_ day of
b/le/11150915,001
February 20, 1998
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