City Council Staff Report Oak Creek Nursery 23-03City Council Item
March 20, 2023
Item Approve Interim Use Permit for Oak Creek Wholesale Nursery
File No.Item No: D.5
Agenda Section CONSENT AGENDA
Prepared By Bob Generous, Senior Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
The Chanhassen City Council approves the Interim Use Permit to operate a wholesale nursery (Oak
Creek Nursery) for ten (10) years or development of the site, whichever comes first, subject to the
conditions of approval in the Planning Commission staff report, and adopts the Planning
Commission Findings of Fact."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The applicant is requesting approval of an Interim Use Permit for the operation of a tree nursery on the
property.
BACKGROUND
On June 13, 2022, the Chanhassen City Council approved the Final Plat for Erhart Farm creating 19
single-family lots, eight outlots, and public right-of-way.
On October 25, 2021, City Council approved a grading development contract for the project to permit
the developer to initiate site grading and tree removal in preparation for the infrastructure improvements
for the development.
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On August 9, 2021, City Council approved:
The ordinance rezoning the development from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) (Blocks 1 and 2);
Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1).
DISCUSSION
The applicant has been growing trees on the property since the 1980s. More recently, the applicant has
applied for and received a nursery stock grower certificate from the Minnesota Department of
Agriculture. To maintain this certification, the applicant will need annual inspections of the growing
operation by the Minnesota Department of Agriculture. The approval of an Interim Use Permit
memorializes the wholesale nursery operation.
As a point of clarification, the approval of an Interim Use Permit does not eliminate any planted trees
from being calculated as part of the tree preservation requirements for subdivisions. Only trees that
have been harvested and stored in windrows of mulch type materials can be excluded from canopy
coverage calculations.
The Planning Commission held a public hearing on March 7, 2023, to review the proposed Interim Use
Permit. There were no issues nor concerns for the proposal and no members of the public commented
on the plan. The Chanhassen Planning Commission recommends approval of the 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. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
BUDGET
RECOMMENDATION
Staff and the Planning Commission recommend that City Council approve the interim use permit to
operate a wholesale nursery (Oak Creek Nursery) for ten (10) years or development of the site,
whichever comes first, subject to the conditions of the Planning Commission staff report and adopt the
Planning Commission Findings of Fact.
ATTACHMENTS
Interim Use Permit Oak Creek Wholesale Nursery
Staff Report
Findings of Fact
Application for Development Review
Application Narrative
Affidavit of Mailing
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2023-03
1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use for a wholesale nursery for ten (10) years or
development of the site, whichever comes first.
2.Property. The permit is for the following described property ("subject property") in
the City of Chanhassen, Carver County, Minnesota:
Outlots D, E, F, G and H, Erhart Farm, Carver County, Minnesota, and
Lot 1, Block 1, Butternut Ridge Addition, Carver County, Minnesota
3.Conditions. The permit is issued subject to the following conditions:
a. The applicant shall operate the nursery tree growing operation as shown in the Oak
Creek Nursery Map dated 12/19/2022.
b. The applicant shall annually renew their nursery stock grower certification and
provide the City a copy of their nursery stock grower certificate.
c. 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.
d. 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.
e. 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 of the occurrence. If the 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.
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g. 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 hole with common excavation; adding 6 inches of topsoil;
adding a specific seed mix or replanting with trees; adding erosion control blankets
or other ground stabilizer; and watering and maintaining as needed.
h. No grading or planting is allowed within the first 20 feet of the Bluff Creek Primary
Corridor, nor within any wetlands or wetland buffer areas.
i. 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 Bluff Creek
Watershed District and Carver County.
3.Termination of Permit.The City may revoke the permit following a public hearing
for violation of the terms of this permit.
4.Lapse.If within one year of the issuance of this permit the authorized construction
as not been substantially completed or the use commenced, this permit shall lapse,
unless an extension is granted in accordance with the Chanhassen Zoning
Ordinance.
5.Criminal Penalty.Violation of the terms of this conditional use permit is a criminal
misdemeanor.
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Dated: March 20, 2023
CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ___day of March,
2023, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
952) 227-1100
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CITY OF CHANHASSEN
PC DATE: March 7, 2023
CC DATE: March 20, 2023
REVIEW DEADLINE: April 4, 2023
CASE #: 2023-03
BY: RG, EH, MJ
SUMMARY OF REQUEST:
The applicant is requesting approval of an Interim Use Permit for the operation of a tree nursery
on the property.
LOCATION:775 West 96th Street
APPLICANT:Tim Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING:Agricultural Estate District, A-2
2020 LAND USE PLAN: Residential Low Density and Office
ACREAGE:75.6 acres
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city has limited discretion in approving or denying interim use permits, based on whether or not
the proposal meets the use standards outlined in the Zoning Ordinance. If the City finds that all the
applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant has been growing trees on the property since the 1980s. More recently, the
applicant has applied for and received a nursery stock grower certificate from the Minnesota
Department of Agriculture. To maintain this certification, the applicant will need annual
inspections of the growing operation by the Minnesota Department of Agriculture.
Nursery stock grower
Nursery stock grower" includes, but is not limited to, a person who raises, grows, or propagates
nursery stock, outdoors or indoors.
PROPOSED MOTION:
The Chanhassen Planning Commission recommends approval of the Interim Use Permit for the
operation of a wholesale nursery for ten (10) years or development of the site, whichever comes
first, subject to the conditions of approval,
And adoption of the findings of fact and recommendation.”
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Page 2 of 9
APPLICABLE REGULATIONS
Chapter 20, Article IV, Div. 5. Interim Use Permits
Chapter 20, Section 20-232, General Issuance Standards
Chapter 20, Section 20-269, Wholesale and retail nurseries
Chapter 20, Article X, A-2, Agricultural Estate District
BACKGROUND
On June 13, 2022, the Chanhassen City Council approved the Final Plat for Erhart Farm creating 19
single-family lots, eight outlots, and public right-of-way:
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Page 3 of 9
On October 25, 2021, City Council approved a grading development contract for the project to
permit the developer to initiate site grading and tree removal in preparation for the infrastructure
improvements for the development.
On August 9, 2021, City Council approved:
The ordinance rezoning the development from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) (Blocks 1 and 2);
Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1).
On January 25, 2021, City Council approved the Interim Use Permit to allow site grading to
create an open water wetland. The project began in 2021 winter, but due to warm weather, could
not be completed until 2022.
On August 14, 2020, the City Council approved the adjustment to the Bluff Creek Overlay
District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent to
Highway 212 in Outlot H. (Planning Case #2020-13)
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical
Evaluation Panel (TEP) was held on July 29, 2020 in order to review the wetland boundaries and
types. The wetland types that were delineated on the property were Types 1, 2, 3, 5, and 6. The
TEP and Local Government Unit (LGU) concurred with the boundaries and types and the Notice
of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the city approved a three
acre Land Use amendment from Residential Low Density to Office in the western portion of the
parcel encompassing the area adjacent to Highway 212 in Outlot H.
In 2008, as part of the city’s 2030 Comprehensive Plan, the city approved a Land Use
amendment of the westerly 10 acres of the property from Residential-Low Density to Office.
On October 23, 2006, City Council approved Wetland Alteration Permit #06-32 for the
construction of an access road and stormwater pond. The wetland mitigation for this is located in
Outlot G north of the large wetland complex
On July 10, 1995, City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision created the 2½-
acre home site on the property and kept the balance of the site for the owner’s personal use, tree
growing and future development.
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Page 4 of 9
SITE CONSTRAINTS
Bluff Creek corridor
This property is located within the Bluff Creek Overlay District in the northwesterly portion of
the property. At this time, no development is proposed near the Bluff Creek primary zone.
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees through
the use of careful site design and other low-impact practices. This parcel is partially encumbered
by the Bluff Creek Overlay District. Section 20-1255 of the Chanhassen City Code requires a
conditional use permit for all development within the Bluff Creek Corridor.
The Bluff Creek Corridor primary zone is located on the property. The Primary Corridor is
designated open space. All structures must meet a 40-foot structural setback from the Primary
Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed
within the first 20 feet of the Primary Corridor.
Wetland Protection
There are numerous wetlands located on the parcel. The proposed use of the property as a
nursery should not impact these wetlands.
Bluff Protection
There are bluffs on the western portion of the property. The tree growing area along Powers
Boulevard is separated from the balance of the parcel by a bluff and the Bluff Creek primary
zone.
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Page 5 of 9
Shoreland Management
The property is not located within a shoreland protection district.
Floodplain Overlay
This property is not located within a federally designated floodplain.
ACCESS
Access to the property is primarily off Eagle Ridge Road and West 96th Street. Outlot H is
accessible via Powers Boulevard.
GRADING, DRAINAGE AND EROSION CONTROL
There is no grading being proposed as part of the wholesale nursery.
The Engineering Department has reviewed the Interim Use Permit (IUP) submittal for 775 W
96th Street (“Oak Creek Nursery”). These comments are divided into two categories: general
comments and proposed conditions. General comments are informational points to guide the
applicant in the proper planning of public works infrastructure for this proposal, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Engineering and Public Works recommends be formally
imposed on the submittal in the final order. Note that references to the “City Standards” herein
refer to the City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the
purpose of determining their feasibility and providing utility and transportation facilities
for the IUP in accordance with City Standards. A recommendation of IUP approval does
not constitute final approval of details, including but not limited to alignments, materials
and points of access, connection or discharge, that are depicted or suggested in the
application. The applicant is required to submit updated plans for the project, as
applicable. The City of Chanhassen Engineering and Public Works Departments will
review plans, in detail, when they are submitted and approve, reject or require
modifications to the plans or drawings based upon conformance with City Standards, the
Chanhassen Code of Ordinances and the professional engineering judgment of the City
Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP can be developed
in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains
to Engineering and Public Works requirements) and City Standards, provided it fully
addresses the comments and conditions contained herein and can be approved.
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Page 6 of 9
3. The applicant is applying to receive an IUP for a wholesale nursery as required under
Section 20-269 of City Ordinance on the property located at 775 W 96th Street (“Oak
Creek Nursery”). The applicant’s narrative states that tree growing operations and sales
of trees have been occurring since the mid-80s on the property. All trees are sold directly
to tree spade operators who remove them on-site via their tree spade equipment and
depart immediately once removed with ingress/egress being had from W 96th Street; staff
recommends this route continue to be used. There is a well on site which supplies any
needed watering to the growing areas so there is no need or request made for municipal
water services. The applicant provided a site plan, dated December 19, 2022, which
depicts the growing areas along with their proposed accesses. Based on the applicant’s
narrative it would appear that the requirements of Section 20-269(b) are met, however
additional details and construction plans are required regarding the accesses to Oak Creek
Nursery and its growing areas.
a. Section 20-269(b)(1) requires that wholesale nurseries be located on a collector or
arterial road; the property meets this requirement as it abuts Eagle Ridge Road and
Powers Boulevard, a city collector road and a Carver County minor arterial road,
respectively. Eagle Ridge Road is planned to be extended as a result of the “Erhart
Farm” subdivision approved on June 13, 2022, by City Council. The extension is
tentatively scheduled to occur in 2023. The extension will provide connectivity
between Eagle Ridge Road and W 96th Street, and eventually will continue west
connecting to Powers Boulevard. The proposed access point to Oak Creek Nursery as
depicted on the provided site plan would be had from the northwest leg of the future
intersection of Eagle Ridge Road and W 96th Street. However, no further details
regarding how the access will interface with the public right-of-way and future
roadway extension were provided with the application. The city has standard details
regarding typical accesses, e.g. commercial or industrial driveway accesses. These
standards account for how accesses manage drainage, tracking of sediment and other
materials out into the road, pedestrian safety, durability and approved material, etc. In
order to ensure adequate management and interface with the public right-of-way is
being had, the applicant must provide these details for review and approval to the
city in the form of construction plans. See proposed condition 1 and 2.
LANDSCAPING
Nursery Stock Certification Requirements
a) All nursery stock growing at sites identified by nursery stock dealers or nursery stock
growers and submitted for inspection must be inspected by the commissioner within the previous
12 months prior to sale and found apparently free from quarantine and regulated nonquarantine
pests as well as significantly dangerous or potentially damaging plant pests.
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Page 7 of 9
MISCELLANEOUS
The interim use permit shall be approved for a period of 10 years from the date of City Council
approval. The applicant will need to request a formal extension 60 days prior to the expiration
date of the interim use permit.
The Interim Use Permit shall terminate on the happening of any of the following events,
whichever first occurs:
1) The date stated in the permit;
2) Upon violation of conditions under which the permit is issued;
3) Upon change in the city's zoning regulations which renders the use nonconforming;
4) Upon the subdivision of the property or the alteration of the lot lines of the property.
Sec 20-269 Wholesale And Retail Nurseries
1. Intent. It is the intent of this section to recognize that preexisting retail nurseries and
garden centers are located within the city and may be in conflict with the comprehensive
plan and zoning ordinance. These establishments predate 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 by the city council.
2. 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.
Powers Boulevard is an arterial road. Eagle Ridge Road is a collector road.
2. The minimum lot size is five acres.
The site is 75 acres.
3. 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.
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 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.
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.
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.
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Page 8 of 9
6. Light sources shall be shielded.
No lighting is proposed. All operation shall be during daylight hours.
7. No outside speaker systems shall be allowed without approval from the city
council.
No speakers are proposed.
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.
The termination date shall be 10 years from approval, due to violation of
conditions of approval or with the subdivision of the property.
9. 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.
PERMITS
Permits from the appropriate regulatory agency must be obtained including but not limited to
Riley Purgatory Bluff Creek Watershed District, Carver County, and the Minnesota Department
of Agriculture.
UTILITIES
City utilities are not available at present to the property. The nursery shall utilize a private well
for its water.
RECOMMENDATION
Staff recommends that the Planning Commission approve the interim use permit to operate a
wholesale nursery (Oak Creek Nursery) for ten (10) years or development of the site, whichever
comes first, subject to the following conditions:
1. The applicant shall operate the nursery tree growing operation as shown in the Oak Creek
Nursery Map dated 12/19/2022.
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.
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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 of the occurrence. If the 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
hole with common excavation; adding 6 inches of topsoil; 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 Bluff Creek 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 Bluff Creek Watershed District
and Carver County.
And adoption of the findings of fact and recommendation.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Project Narrative
4. Public Hearing notice and mailing list
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FINDINGS OF FACT AND R.E,COMMENDATION
IN RE:
Application of Tim Erhart for an Interim Use Permit to op€rate Oak Creek Wholesale Nursery.
On March 7,2023, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Tim Erhart for an interim use permit to operate a
wholesile nursery for the property located at 775 W 96s Street. The Planning Commission
conducted a public hearing on the proposed conditional use which was preceded by published
and mailed notice. The Planning Commission heard testimony liom all interested persons
wishing to speak and now makes the following:
FIND INGS OF FACT
The property is currently zoned Agricultural Estate District, A-2.
The property is guided by the Land Use Plan for Residential Low Density use.
The legal description ofthe property is:
Outlots D, E, F, G and H, Erhart Farm, Carver County, Minnesota, and
Lot l, Block l, Buttemut fudge Addition, Carver County, Minnesota
Use Standards:
The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare ofthe neighborhood or the city since it will
primarily be a tree growing operation with minimal access for tree spading and
removal.
b. The proposed use will be consistent with the objectives of the city's comprehensive
plan and the zoning ordinance. A wholesale nursery is permitted by the zoning
regulations as an interim use until the development ofthe property consistent with the
comprehensive plan.
The proposed use will be designed, construcled, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
viciniry and will not change the essential character ofthat area. The use shall continue
the tree growing operation on the property with minimal access for tree spading and
removal.
4
a.
1
c
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1
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d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Public water will not be used for the tree growing operation.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because ofexcessive production of traffrc, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with uaffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic feanfes of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
l. The proposed use will meet standards prescribed for certain uses as provided in
Chapter 20, Article IV of the City Code.
5. The planning commission shall recommend an interim use permit and the council shall
issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards of a conditional use permit use standards set forth in
section 2-232 ofthe 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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6.The plaruring report #2023-03 dated March 7 , 2023, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit subject to the conditions ofthe staff report.
ADOPTED by the Chanhassen Planning Commission this 76 day of March 2023'
PLANNING COMMISSION
BY:
3
76
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COTMUN|TY DEVELOPMENT DEPART ET{T
Planning Division - 7700 Market Boulevad
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-110O/ Fax: (952) 227-1110
Subrnittal Date
cnlorcnAttuAssrtt
APPLICATION FOR DEVELOPMENT REVIEW
b PC Clate:a CC Date:)3 6GDay Rwieiv Oate:
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E Conditional Use Permit (CUP)
E Single-Family Residence ...................-........... $325
rut ohers....... ..................... $500
E Subdivision (SuB)
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E Create over 3 |ots.......................$600 + $15 per lot(
lots)
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I Site Pbn neuew (SPR)
fl Administrative ..................... $100
E Commerciaulndus&ial Districts'...................... $500
lndude number of 9!E!49 qnployees:
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I Variance (VAR)$200
150
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200
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D Wetland Alteration Permit (WAP)
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n Zoning Ordinance Amendment (ZOA)
s750
100
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El Residential Disricts......................................... $500
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p Homou- siln (cly to l.Etd dd srove)..........--.............'... $200
n Property Owners' List within 500' (city to generate after prB-application rneetihg) .......
v Escrow for Recording Ooalments (check all that
E Conditional Use Permit Permit
tr Vacation
addresses)
3 per address
50 per document
d
Site Plan Agreement
Wetland Afteration Permit
Easements ( easements) ! OeeOs
TOTAL FEE:
Section 1: Application Type (check all that apply)
Section 2: Required lnformation
Description of Proposal:
Property Address or Location:AJE llL.-zt-LL
Parcel #:15tq1 DZqo
Total Acreage:15 ,to Wetlands Present?.
L tng:
Present Land Use Designation , Qu ta) b4,"iL Requested Land Use Designation:
Existing Use of Property:
f Cnect uox it separate narrative is attacfi
H Erh,(<rLegalDescription:
Present Zoning:
77
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, sub.iect only to
the right to object at the hearings on the application or during the app€al p€riod. lf this application has not beon signod by
the proporty owner, I hav6 attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter p€rtaining to this
application. I will keep mysetf informod of the deadlines for submission of material and the progress of this application. I
furthor undersiand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certiry that the information and exhibits submitted are true and conecl.
Contact
Phone:
Cell:
Fax:
Date:
PROPERTY OWNER: ln signing this application, l, as property owner, hav6 full l6gal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subiect only to the right to obiect at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
b€ charged for consulting fe€s, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certiry that the information and exhibits submitted are lrue and conect.
Name:Contact:
Phone:Address a6ll N an &o \ ,.- -r. lr L a rt{.At 2 -a63 - 6'' 1r
Cityistatezip:Cell:
Fax:Email:t(
Signature:Oate:
PRoJECTE+l€ill{Ensfth{i}#b)
Name Contact:
Lt't"?8L's+tlL
City/State/Zip:Cell
FaxEmail€L
VUho should receive copies of staff reports?'Other Contact lnformatlon:
El Pmp€rty Own€r
E Applicant
ElEngineerpOtrer
Email tcrl^,, ^,t/, a l e lc(t',/^.t
Email
Name:
Address
Ema City/Statezip:
Email:Email
INSTRUCTIONS TO APPLICANT:Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment.
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all
information and plans required by applicablo City Ordinance provisions. Before filing this apdication, refer to the
appropriate Application Checklist and conf€r with the Planning Deparunent to determine the sp€cific ordinance and
applicabl€ procedural roquiroments.
A determination of completeness of the application shall b€ made within 15 business days of apdication submittal. A
wriften notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
copy to the city for processing.
SUBMIT FORM to send a digital
No*.
Address:
crty'/statozip:
E-oil.
Signatur€:
l.1.,-- btVl-t1 ??
Addr6ss: Phone:
Section4: Notification lnformation
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Tax