Approval Letter Oak Creek Wholesale NurseryCITY OT CIIAI'IIIASSII'I
Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow
March21,2023
Mr. Tim Erhart
961 I Meadowlark Lane
Chanhassen, MN 55317
Re: Planning Case #2023-04 - Oak Creek Wholesale Nursery
Dear Mr. Erhart,
This letter is to confirm that on March 20, 2023, the Chanhassen City Council approved the
Interim Use Permit for the operation ofa wholesale nursery for ten (10) years (until March 19,
2033) or development of the site, whichever comes first, subject to the following conditions:
l. The applicant shall operate the nursery tree growing operation as shown in the Oak Creek
Nursery Map dated l2ll9/2022.
2. The applicant shall annually renew their nursery stock grower certification and provide
the city a copy of their nursery stock grower certificate.
3. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. Monday - Friday; 9:00 a.m. -
6:00 p.m. Saturday; and no Sunday operation.
4. The applicant shall provide the city construction plans for the proposed accesses to the
site for review and approval by the city prior to the commencement of wholesale nursery
operations.
5. Any vehicle tracking onto public rights-of-way from the site shall be the responsibility of
the property owner to remove and clean immediately after the occurrence, or no later than
the same day ofthe occurrence. Ifthe city is required to remove and clean tracking at any
point from the site, the property owner shall reimburse the city for any expense incurred
to remediate the issue.
6. All disturbed areas shall be restored at the time of removal of the tree stock to prevent
site erosion. The applicant shall prepare a detail or plan on how the tree holes will be
restored for city review and approval. The plan may include the following: filling the
pH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110
77OO MARKEI BOULEVARD.PO BOX ]4T.CHANHASSEN . MINNESOTA 553i7
hole with common excavation; adding 6 inches oftopsoil; adding a specific seed mix or
replanting with trees; adding erosion control blankets or other ground stabilizer; and
watering and maintaining as needed.
7. No grading or planting is allowed within the first 20 feet of the BluffCreek Primary
Corridor, nor within any wetlands or wetland buffer areas.
8. Permits from the appropriate regulatory agency must be obtained including but not
limited to the Minnesota Department of Agriculture, Minnesota Department of Health,
Minnesota Pollution Control Agency, Riley Purgatory BluffCreek Watershed District,
and Carver County.
Please note that you must provide the City Engineering Department construction plans for the
proposed accesses to the site for review and approval. Additionally, prepare a detail or plan on
how the tree holes will be restored for city review and approval.
Ifyou have any questions or need additional information, please contact me at
bsenerous@chanhas senmn.qov or (952) 227-1131
Robert Generous, AICP
Senior Planner
Encl.
Sam DiMaggio, Economic Developmenl Manager
Erik Henricksen, Project Engineer
Charlie Howley, City Engineer/Public Works Director
Laurie Hokkanen, City Manager
Manuel Jordan, Environmental Specialist
Eric Maass. Planning Direclor
MacKenzie Young-Walters, Associate Planner
ec
Sincerely, -'44{
CITY OF CHANHASSEN
CARVER AND HENNEPTN COUNTIES
I
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3.
IT{TERIM USE PERJ}IIT #2023{t3
@[subjccttothetermsardconditionsserfor$hereirutheCityofChanhassertG6-y gaot an interim use for a wholesale nursery for ten (10) years or
development of the sirc. whichever comes first.
ProDcrty.ThepermitisforthefollowingdescriHproperty("subjectproperty'.)in
ttrc City of Cm*tassen, Cawet County. Minnesota:
Outlors D, E, F. G and H, Erhart Farm, Carver County' Minnesou' and
Lot I, Block l, Buucmut Ridge Additioq Carver County, Minnesou
Conditbn The permit is issued subject lo the following conditions:
a The applicanr shall operate thc nursery tree growing operation as shown in the Oak
Creek NurserY MaP dded lYl9D022'
b. The applicanr shall annually rcnew their nr'nsery stock grower certification ard
p-uiai *r" CtV a copy of tlreir nursery sock gro*er certificare'
c. Hours of operation shall be from 7:00 a'm' to 7:00 p'm' Monday - Friday: 9:00 am'
- 6:00 p.m. Saturday; and no Srmday operation'
d. The aplicant slrall provide tlre ciry consmrctio.n plals for the proposed accesses to .
rlrcsiteforreviewandapprovalb,ytheCitypriortothecommerrcernentof*trolesale
nursery operations.
e. Any vehicle tracking onto public righs-of'*ay from.rtre site shall be the-' ,6*iu irv of the-p'ropetty o*r*i to t*rnou" ard clean immediately after the
Ld*"., o, no t"ti tit- -tt
e s"m" day of the occurrcnce' If the ciq is required to
remove and clean tracking at any point from the site' tlre pmperty o*ner shall
rcimburse the city for anyexpense incurrcd to remediate the issue'
I
All disturbed areas shall be restored at lhe dme of rernoval ofthe tree *ock to
prcvent site erosion. The applicant shall prepare a detail or plan on how the tree
iroles *'ill be resored for Cig review and approval. The plan may irrclude the
following: filling the hole *ith common excavation: adding 6 inches of topoil:
adding a-specific seed mix or replanting with ueesl adding erosion conaol blankes
or other ground sabilizer: and *atering and maintaining as needed.
No grading or planting is allowed within the firs 20 feet of fte Blufr Creek Primary
Conidor. nor uithin an) \ etlands or \'\'etland buffer areas.
Permirs from the appropriate regulatory agency mu$ be obtained inchding but not
limited to the Minnesou Deparunenl of Agriculrure, Minnesota Departnent of
Health, Minnesola Pollution Control Agenc;-. Riley Purgatorl Bluff Creek
Watershed District and Carver Counry-.
Teroiution of Pemit The Cig' may revoke the permit following a public trearing
for riolation of the terms of this permit.
!pgg. If uithin one year of the issuance of this permil the authorized consmrcdon
as not been substantialll' completed or the use commenced. this permit shall lapse.
unless an exlension is gmnted in accordance *ith the Chanhassen Zoning
Ordinance.
5. Criminrl Pendn'. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
h
3.
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Dated: March 20,202i
STATE OF MINNESOTA
COTJNTY OF CARVER
its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen. MN 553 l7
(9s2)227-fi00
CIT}'OF CHANHASSEN
Elise Ryan. Mayor
Laurie Hokkanen. Citv Manager
B!:
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)
The foregoing insilrument *as acknowledged befo* r. miQ$hy of March.
2023. by Elise Ryan, Mayor, and Laurie Hokkanen, Cig' Manager, of tre City of Chanhassen. a
Minnesora municipal corporation. on behalf of the corporalion and pursuanr to autlroriry* gnnted b,v
KIM.t.
No€ry Ex9ai 31. 206
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