HomeMy WebLinkAboutResolution 2011-040RESOLUTION NO 2011-040
WHEREAS, Keith Bergman, Country Sun Farms & Greenhouses Inc., 11211 60th
Street North, has submitted an application for an Interim Use Permit related to an
Agricultural Sales Business to allow the sale of agricultural produce grown off -site.
control WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
August 8, 2011, and reviewed and recommended approval of the Interim Use Permit for
an Agricultural Sales Business on the site based on the following findings:
1 . The applicants are requesting an Interim Use Permit to allow an Agricultural
Sales Business. The request is to allow the sale of agricultural products such as
vegetables and Christmas trees that were produced off the premises.
2. The City Council approved Ordinance 08-031 -A in February 2011 which allowed
the sale of agricultural produce grown off-site. The ordinance was written to work
towards achieving aspects of the City's Comprehensive Plan related to
preserving rural character, open space and green corridors. It was determined
that commercially-related land uses in Agriculture, Rural Residential and Open
Space districts should be regulated for the following reasons:
or it ' the impact on properties or #
12)The addition of any new structures or buildings or expansion of existing
structures or buildings, regardless of size, shall require notification to City
Staff prior to construction. The City Council will determine if the changes
will require an amendment to the Interim Use Permit or to the existing
Conditional Use Permit on the site.
14)Applicant and its successors and assigns, agree that in the event of a full
or partial taking • 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 approval of the Interim Use Permit.
15)The interim use shall allow an Agricultural Sales Business which allows
the sale of agricultural products — flower and vegetable plants, pumpkins,
squash, corn, vegetables, and Christmas trees produced off the premises
to be sold at the Agricultural Sales Building identified at Country Sun Farm
& Greenhouses, Inc.
16)The applicant must abide • any recommendations • requirements
imposed by the Minnesota Department of Transportation concerning their
Special Event Traffic Management Plan submitted as part of their
application for special event signage along State Highway 36.
17)There shall be no impediments to the free flow of traffic at the entrance to
the site along State Highway 36, including the collection of parking or
entrance fees when such collection requires vehicles to stop at the
entratce.
19)The Interim Use Permit does not authorize the conduct of any activity that
would otherwise require a permit as an Agricultural Entertainment use.
20)The applicant shall work with a traffic expert to prepare a traffic count
study documenting the number • vehicle trips (•• th daily and peak
counts) and peak times associated with the conduct of the Agricultural
Sales operation. This traffic study must be submitted with any request to
extend the Interim Use Permit beyond the initial termination date.
21 }The Interim Use Permit is valid until any one of the events listed below
occurs:
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1 For two (2) years from the date of the approval of tl
Interim Use Permit (September 20, 2013);
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 this Consent
Agreement;
change in the City's zoning regulations, which
renders the interim use non-conforming; •
5. Until the redevelopment of the Property for a
permitted or conditional use as allowed by the City's
zoning regulations.
22)The applicant agrees to work in good faith with the City in efforts
address planning and identification of easement/right-of-way needs •
long-term improvements to TH 36 and associated intersections, especial
I
those that minimize impacts • the usage of the rest of the property.
This resolution was adopted by the City Council of the City of Lake-Elr_no on the 20th day
• September 2011, • a vote • 4,es and 0 Nays.
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Bruce Messelt, City A,(dministrator