Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Skip Cook & Green Gardens for an amendment to Interim Use Permit
#96-2 to expand the existing wholesale and retail nursery use on property zoned
Agricultural Estate (A-2) at 850 Flying Cloud Drive - Planning Case No. 06-15.
On April 18, 2006, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Skip Cook & Green Gardens for an
amendment to Interim Use Permit #96-2 to expand the existing wholesale and retail nursery
use on property zoned Agricultural Estate (A-2) at 850 Flying Cloud Drive. The Planning
Commission conducted a public hearing on the proposed conditional 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 Residential - Medium and High Density
and Office.
3. The legal description of the property is: See attached "Exhibit A".
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.
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.
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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.
1. 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
f. 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:
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.
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c. All storage and yard areas as well as buildings must be setback fifty (50) feet from
all property lines.
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
one hundred (100) percent opaque fencing or berming.
e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00
a.m. to 5:00 p.m. on Saturday and Sunday. 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.
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 permits. 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.
1. One wall sign not to exceed ninety (90) square feet, and one monument sign not
exceeding 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 to adjacent to property guided residential as identified in
the Comprehensive Plan.
7. The planning report #06-15 conditional use permit dated April 18,2006, prepared by
Josh Metzer, et ai, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the amendment to Interim Use Permit
#06-15 to expand the existing wholesale and retail nursery use on property zoned Agricultural
Estate (A-2).
ADOPTED by the Chanhassen Planning Commission on this 18th day of April, 2006.
BY:
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