13-10 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Skip Cook for an amendment to Interim Use Permit #96 -2 to adjust the
boundary on the existing wholesale and retail nursery use on property zoned Agricultural Estate
(A -2) located at 850 Flying Cloud Drive — Planning Case No. 2013 -10.
On May 21, 2013, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Skip Cook for an amendment to Interim Use
Permit #96 -2 to adjust the lot lines on the existing wholesale and retail nursery use on
property zoned Agricultural Estate (A -2) located at 850 Flying Cloud Drive. The Planning
Commission conducted a public hearing on the proposed interim use permit that was
preceded by published and mailed notice. The Planning Commission heard testimony from
all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A -2).
2. The property has a Land Use Designation of Office.
3. The legal description of the property is:
That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116
North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly
right -of -way line of the Chicago & North Western Transportation Co. and lying westerly
and northwesterly of the centerline of State Highway No. 101 as laid out and traveled,
which lies westerly and southwesterly of a line described as follows:
Beginning at a point in the centerline of the Chicago and Northwestern Railway
main tracks, said point being 626.50 feet westerly of the East line of the northeast
quarter of said section 35 as measured along the centerline of said tracks; thence
Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the
East to the South from the centerline of said tracks; a distance of 360.09 feet; thence
Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as
measured from the last described line, a distance of 232.05 feet to the northwesterly
right -of -way line of State Highway 101 and said line there terminating.
4. The Planning Commission shall recommend a conditional use permit and the City Council shall
issue such conditional use permit only if it finds that such use at the proposed location:
a. Will not be detrimental to or damage the public health, safety, comfort, convenience or
general welfare of the neighborhood of the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
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c. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. 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. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and condition of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
h. Will have vehicular approaches to the property that do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
5. The Planning Commission shall recommend an interim use permit and the City Council shall
issue interim permits only if it finds that such use at the proposed location:
a. Meets the standards of a conditional use permit set forth in section 20 -232 of the City Code.
b. Conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date of 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: and
The user agrees to any conditions that the City Council deems appropriate for permission of
the use.
6. Sec. 20 -268. 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:
a. The site must be on a collector or minor arterial as identified in the comprehensive
plan.
b. The minimum lot size is five acres.
c. 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.
d. 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.
e. 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.
f Light sources shall be shielded.
g. No outside speaker systems shall be allowed without approval from the city council.
h. 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.
i. 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.
7. The planning report #2013 -10 interim use permit dated May 21, 2013, prepared by Robert
Generous, et al, is incorporated herein.
The Chanhassen Planning Commission approves the amendment to Interim Use Permit
96 -2, Planning Case #2013 -10, to alter the boundaries of the existing wholesale and retail
nursery use on property zoned Agricultural Estate (A -2).
ADOPTED by the Chanhassen Planning Commission on this 2151 day of May, 2013.
CHANHASSEN PLANNING COMMISSION
BY:
Planning Commission Chairperson
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