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Ordinance 248• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.248 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE RELATING TO RETAIL NURSERIES AND GARDEN CENTERS The City Council of the City of Chanhassen ordains: Section 1. Section 20-1, Definitions, is amended to add the following definitions: Nursery is defined as, "An enterprise which conducts the retail and wholesale sale of plants grown on the site or imported to the site, as well as accessory items directly related to their care and maintenance. Accessory items may include fertilizer, potting soil, garden tools, seed, pesticides, pots, and other gardening supplies. The retail sale of hardware, paint, pet supplies, power equipment, and farm implements shall be prohibited. Nursery may include greenhouses." Retail Sales is defined as, "Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the • sale of such goods." Section 2. Section 20-257 is hereby amended to read as follows: Intent Statement. It is the intent of this amendment to recognize that pre-existing retail nurseries and garden centers are located within the City and may be in conflict with the comprehensive plan and zoning ordinance. These establishments pre -date current ordinance standards. To allow for planned and orderly development, the City finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by Interim Use permit approved by the City Council. Sec. 20-257. Wholesale and Retail Nurseries. The following conditions will apply to wholesale and retail nurseries: (1) The site must be on a collector or minor arterial as identified in the comprehensive plan. (2) The minimum lot size is five acres. • (3) All storage and yard areas as well as buildings must be setback fifty (50) feet from public or private road right-of-ways, and three hundred (300) feet from an adjacent single family residence or a minimum of fifty (50) feet from a side lot line, whichever is greater. • (4) All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The City Council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. (5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The City Council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the Comprehensive Plan. (6) Light sources shall be shielded. (7) No outside speaker systems shall be allowed. (8) A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. (9) One wall sign not to exceed ninety (90) square feet, and one monument sign not exceeding is twenty-four square (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The Council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the Comprehensive Plan. Section 3. Section 20-576(7), Interim Uses, is hereby amended as follows: (7) Wholesale nurseries and retail nurseries. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 1 Ith day of March, 1996. ATTEST: Don Ashworth, C49WManager Donald J.,Q f niel, Mayor • (Published in the Chanhassen Villager on March 21, 1996) 2 ORDINANCE SUMMARY NO. 248 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING ARTICLE IV, INTERIM USES, ARTICLE X, A-2 - AGRICULTURAL DISTRICT, AND ARTICLE I, DEFINITIONS An ordinance amending Chapter 20 of the Chanhassen City Code to allow retail and wholesale nurseries in the A-2 zoning district as an interim use, and provide standards for the operation of nurseries in the A-2 district. John Rask, Planner I 937-1900 ext. 117 (Publish in the Chanhassen Villager on March 21, 1996.) ORDINANCE SUMMARY NO.248 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING ARTICLE IV, INTERIM USES, ARTICLE X, A-2 - AGRICULTURAL DISTRICT, AND ARTICLE I, DEFINI- TIONS An ordinance amending Chapter 20 of the Chanhassen City Code to allow retail and wholesale nurseries in the A-2 zoning district as an interim use, and provide standards for the operation of nurseries in the A-2 district. John Rask, Planner I ka 937-1900 ext. 117 (Published in the Chanhassen Villager on Thursday, March 21, 1996; No. 2662) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. �; was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabetfrom A to Z, both inclusive, and is hereby acknowledged as being the kind and size ype used in the composition and publication of the Notice: abcdefghijklmnopgrs Subscribed and sworn before me on this% day of 996 A Notary Public By: Rolfsrud, General Manager or his designated agent GWEN M. RADUENZ NbTARYPtXUCAW#JEWrA ' MY COLVAtSSM EXPIRES '14140 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ......... $11.00 per column inch Maximum rate allowed by law for the above matter ...................................... $11.00 per column inch Rate actually charged for the above matter...................................................$7.67 per column inch