Oak Creek Nursery Interim Use Permit Powerpoint PresentationPlanning Commission April 19, 2022
City Council May 9, 2022
Applicant: Mary and Michael Meuwissen
requesting subdivision approval with a variance for the use of a private street and a neck lot for a two-lot single-family residential development.
Planning Case #2023-03
Oak Creek Nursery
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Location: 765 West 96th Street
Zoned: Agricultural Estate District (A-2)
Guided: Residential Low Density
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Oak Creek Nursery
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Interim Use Permit Findings
a. The use meets the standards of a conditional use permit use standards set forth in section 2-232 of the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
f. The user agrees to any conditions that the city council deems appropriate for permission of the use.
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Wholesale Nursery Criteria
The following conditions will apply to wholesale and retail nurseries:
The site must be on a collector or minor arterial as identified in the comprehensive plan.
* Powers Boulevard is an arterial road. Eagle Ridge Road is a collector road.
The minimum lot size is five acres.
* The site is 75 acres.
All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum
of 50 feet from a side lot line, whichever is greater.
* There are no proposed storage areas. Trees shall be spaded from the growing areas and removed from the property.
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 100 percent opaque fencing or berming.
* There will be no storage areas. Trees shall be spaded from the growing areas and removed from the property.
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.
*Due to the surrounding residential homes, 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.
Light sources shall be shielded.
* No lighting is proposed. All operation shall be during daylight hours.
No outside speaker systems shall be allowed without approval from the city council.
* No speakers are proposed.
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.
* The termination date shall be 10 years from approval, due to violation of conditions of approval or with the subdivision of the property.
One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight 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.
* No signage is proposed.
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MOTION
The Chanhassen Planning Commission recommends approval of an Interim Use for a period of ten (10) years for the operation of a wholesale nursery subject to the conditions of approval,
And
Adopts the Findings of Fact and Recommendation.
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Erhart Farm
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