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6. Lotus Lawn & Garden: Site Plan.CITY OF ,� CHANHA SEN PC DATE: 12/4%96 CC DATE, 1/13/97 CASE #: 88 -13 CUP BY: Generous :v 6 -- STAFF REPORT PROPOSAL: S C LOCATION: APPLICANT: C Site plan review for a 2,480 square foot expansion to the sales area and a 400 square foot expansion to the greenhouse area. 78 West 78th Street Jay Kronick Lotus Lawn & Garden 78 W. 78th Street Chanhassen, MN 55317 949 -0726 Action by City AddMinistrator En do *s^*' K� Rejected.......-- ---- -- Hate Sub; ted to C0r111:;ssion —Fate Council Date � " "�d PRESENT ZONING: Business Highway, BH ACREAGE: 2.3 acres ADJACENT ZONING AND LAND USE: N - R12, railroad tracks and apartment buildings S - BH, W. 78th St. and Highway 5 E - IOP, Redmond Products W - BH, office building WATER AND SEWER: Existing service PHYSICAL CHARACTER: The site is currently used for a retail nursery. C E l 2000 LAND USE PLAN: Commercial L m ' 00'if_�A4'� � 1 Qin�nonir ` �� - • . wig in M� .E��� L? w=m'-.39 r7m M1 r4 nil ®e�wi✓�1��11 ..110 - ��� �- I�Illilllk Ilr L� M %�i I �� •• -,/ - 4. �,. a te r• CL ►��1 �'i� I�ft�: ASF vcvv ` 8�C A c� a, 9n c� !ri IF Lotus Lawn & Garden December 4, 1996 Page 2 PROPOSAL /SUMMARY The applicant is requesting site plan review for a 400 square foot greenhouse expansion, replacing /combining the existing green houses, for a total area of 1,600 square feet, and a 2,480 square foot expansion of the sales area and office building to the rear of the existing building on the Lotus Lawn and Garden Center located on 2.3 acres of property zoned BH, Highway Business District and located north of Hwy. 5 on West 78` Street. The sales area and office expansion is a two story structure. The lower level will be sales and storage area with the upper level for office uses. The two story structure will incorporate cedar siding that will be stained to match the existing building exterior. Roof material will be asphalt shingles. The proposed expansion is compatible with the existing development and, overall, should improve the site appearance. BACKGROUND On September 12, 1988, the Chanhassen City Council approved a land use map for the easterly 150 feet of the property from office /industrial to commercial (LUP 88 -3), a rezoning of the easterly 150 feet from Industrial Office Park, IOP, to Highway & Business Services, BH (REZ 88 -3), a wetland alteration permit (WAP 88 -8), and a conditional use permit (CUP 88 -13) to permit a garden center in a BH district. GENERAL SITE PLAN /ARCHITECTURE The applicant is proposing an expansion of the existing Lotus Lawn & Garden Center. This expansion includes the replacement and enlargement of the existing nursery from 1,200 square feet to 1,600 square feet. The new nursery will consist of metal framing with rigid plastic, clear paneling. The proposed greenhouse will have a double peaked roof with a valley in the middle of the building. The building orientation will be north - south. The sales area and office expansion is a two story structure. The lower level will be sales and storage area with the upper level for office uses. The two story structure will incorporate cedar siding that will be stained to match the existing building exterior. Roof material will be asphalt shingles. The proposed expansion is compatible with the existing development and, overall, should improve the site appearance. DRAINAGE AND GRADING Site drainage will not be significantly increased with the site expansion. The existing drainage pattern will be maintained for the most part. Only minor site grading for the building and drive aisle will be necessary. Erosion control will be addressed at time of building permit issuance. Lotus Lawn & Garden December 4, 1996 Page 3 UTILITIES No additional utility service will be necessary with this site expansion. SITE ACCESS The applicant is proposing to add another drive aisle curb cut onto West 78 Street to facilitate delivery trucks. Staff has reviewed the proposal and feels comfortable with the additional driveway curb cut. The drive aisle per City Code will need to be paved with a bituminous surface with concrete curb and gutter. The applicant should provide the City a $2,000 cash escrow or letter of credit to guarantee boulevard restoration, i.e. sidewalk, sod and pavement before commencing with the drive aisle construction. The building expansion may proceed prior to the drive aisle expansion occurring. LANDSCAPING The site currently has perimeter and parking lot landscaping. In addition, being a nursery, they have a rotating stock of landscaping on site. Staff recommends that the applicant incorporate foundation plantings south of the proposed sales and office building. MISCELLANEOUS Background The current building on the property was built in February, 1989, and is a type V -N (unprotected wood construction) building. It is not fire sprinklered. The original building was constructed under the 1985 Uniform Building Code, and no additional permits have been subsequently issued. Analysis: Fire Sprinklering. The proposed additions to the building will bring the square footage for the building to 5,244 sq. ft. (1,600 sq. ft - greenhouse; 1,200 sq. ft. - office; 2,464 sq. ft. sales area). The Minnesota State Building Code requires sales areas of 2,000 or more sq. ft. be fire sprinklered. The greenhouse and offices, because they are part of the same building, must also be fire sprinklered. It is possible to physically separate either the greenhouse or the office /sales addition or both to avoid fire sprinklering. If they are separated, a property line will be assumed between the buildings to determine exterior wall construction and opening protection requirements, if applicable. I have been discussing these options with Mr. Kronick. Lotus Lawn & Garden December 4, 1996 Page 4 Utilities. The submitted plans show the existing utilities under the new proposed building. The NFPA, which is administered by the Fire Marshal, prohibits water lines from being installed under buildings. A break could go undetected and undermine the foundation. The water line sizing will be incorrect if the building is fire sprinklered causing the line to be removed and replaced anyway. Accessibility. The building code requires that, when an area of primary function is altered, the accessible route including toilet rooms and drinking fountains be accessible. A maximum of 20% of the costs of the alterations need be spent to achieve accessibility. In this case, it is likely the existing toilet room will need to be remodeled, or a new unisex toilet room added. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (S) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; Lotus Lawn & Garden December 4, 1996 Page 5 Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 Corridor design requirements, the comprehensive plan, the zoning ordinance, and the site plan review requirements. The site design is compatible with the surrounding development. The site design is functional and harmonious with the approved development for this area. PLANNING COMMISSION UPDATE The Planning Commission held a public hearing on December 4, 1996 to review the proposed site plan for the expansion of the nursery /retail office areas on the site. The Planning Commission voted unanimously to recommend approval of the development. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves an amendment to Conditional Use Permit 88 -13 for a site plan review for a 2,480 square foot expansion to the sales area and a 400 square foot expansion to the greenhouse area subject to the following conditions: 1. The building must be fire sprinklered or separated into individual buildings with adjusted locations to avoid sprinklering. 2. The water service must be located so as not to pass under any buildings. 3. The additions and accessible route must meet building code requirements. Lotus Lawn & Garden December 4, 1996 Page 6 4. The applicant shall provide the City with a $2,000 cash escrow or letter of credit to guarantee boulevard restoration prior to commencing construction of the drive aisle and/or apron curb cut on West 78` Street. 5. The proposed drive shall be paved with bituminous and concrete curb and gutter pursuant to City Code. 6. The applicant shall incorporate foundation plantings south of the proposed sales and office building." ATTACHMENTS 1. Development Review Application. 2. Reduced Existing Conditions. 3. Reduced Master Site Plan. 4. Reduced Building Elevations, South and East. 5. Reduced Building Elevations, North and West. 6. Conditional Use Permit ( #88 -13). 7. Planning Commission minutes of 12/4/96. 8. Minnesota State Building Code Section 1306.0100 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: LAL � 6 F'rc' ,0 t� J ADDRESS: �� i lES`? H" ST, OWNER: �Ay Jar_ - c�' f ,�(�.�,�� i C l� ADDRESS: 7 S / cr LC L�25D TELEPHONE (Daytime) 1 / / - J C e-A � �s ) "� TELEPHONE: q IS ?`r ?2 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW /Easements Interim Use Permit Variance Non - conforming Use Permit Wetland Alteration Permit Planned Unit Development' _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign N / Site Plan Review X Escrow for Filing Fees /Attorney Cost`* ($50 CUP /SPRNACNAR/WAP /Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. `Twenty -O full size folded copies of the plans must be submitted, including an 8' /2' X 11" reduced copy of ( transparency)or each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Y LOCATION - 7 � � , C u;��l..; 7 LEGAL DESCRIPTION TOTALACREAGE WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING 8 PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST this application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning )epartment to determine the specific ordinance and procedural requirements applicable to your application. 1 determination of completeness of the application shall be made within ten business days of application submittal. A written iotice of application deficiencies shall be mailed to the applicant within ten business days of application. 'his is to certify that I am making application for the described action by the City and that I am responsible for complying with ill City requirements with regard to this request. This application should be processed in my name and I am the party whom ie City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either opy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make its application and the fee owner has also signed this application. will keep myself informed of the deadlines for submission of material and the progress of this application. I further nderstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any uthorization to proceed with the study. The documents and information I have submitted are true and correct to the best of iy knowledge. 'he city hereby notifies the applicant that developmant review cannot be completed within 60 days due to public hearing aquirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day xtension for development review. Development review shall be completed within 120 days unless additional review xiensiijns approved by the applicant. k, of Fee Owner p lication Received on X�Fee Paid S Receipt No. he applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be illed to the ap icant's address. EXHIBIT A Legal Description of Property CARVER COUNTY PROPERTY That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distant 103.00 feet South, as measured along said West line from the Northwest corner of said Tract C; And that part of Tract D lying Easterly of the Southerly extension of the West line of said Tract C, Registered Land Survey No. 59, files of Registrar of Titles, all in Carver County, Minnesota. HENNEPIN COUNTY PROPERTY That part of the West 149 feet of the Southwest Quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, lying North of State Highway No. 5 and which lies South of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as measured along said West line, from the Northwest corner of said Tract C, Hennepin County, Minnesota. Ex)sting Site Tabulation$: LegalDeacrlptlo Intended Use .•^ M. JM 111•w111MYY0lR }• EJC19 Tklg Z Or161Q: BH ' tnet a.o"x I M 3un+1 Na • nu l t - iiw ntc)( wit Eidsling ' commercial / Retail Retail 6[ o r•. of eyu yyyu �a1 Ttll•I, wMdl'n, beul0 M in prancYU "a Lot 5121 2.3 Acres (100,108 S.F4., � � ma y n ' I� " [ n " eq � � Tnot i will I gaNe Bulldl e y+ .. Floor Area: 1.200 S.F. - el ,1b o w^ . MLN• wl.ro ' t fi" ieu116 : tn.n•. KKI win Ill cawbl el.nhll YIN OWIOI Ito M `u�,ixtiu, + . u . Q senhouse Floor . ArN: 1,200 S.F: Yw wvo xn. om. °•"9+onn«w mm "'" ° c: ut•awa 9 sumo u.ol a Yr'drY here; a mNl I CHANHA — Percent of f{Ile .Covered by iuNkYp: -, 2.4% e W TnM o �•.f.�"n�u a. .1 M .• ..wn u sw Y1' el YNgT. 0.. Ol.w. .M Yiwt to smavq y • n u UMi �liii.' •lc) ro t I l ; PercerJt of site N �.Ne Y *N✓w0,•. -- ----- _ _ Covered by Parking: 0.3% •�k,,, p Map - Percent of site Covered by Impervious . 5ur19oe: .. 10% c "� ' .Wumber of d r• *� ,u9an, in�ao ��"ilanu Location Map Perking Required: 12 919119 (with 1 HC) Perkins; Provided: Bldg. Mt,: 18 stalls (with 1 HC) -� (. �a04viv 4 16';1. Story � t" ' e.rw. e ' q. wa Oreenhonee Ht.: _ 12' 11 Story - � r�m w�..a•I \\ bQ i ) i ti 7 i J I Existing Building 1 I . L7�= 15 0 16;30 .60 120 Scale 1';30' North 10 „IM Lotuslawn & Garden SITFItN chanhassen, minnesota .76 West 78th -St., Chanhassen, MN 55317 „ _.urv- Proposed to Tabu (atlQns J ! _, Lega(.De0CrIp4G >L —�oten - BH nut. Existing Use•. Commercial / Retail S.F.) 39 na, <, Ppl r el M E Lot Sits 23 Acres (100,188 o � w N Sales Bo�d 4t0 fora —.f ,e w,it �"' r ""� M10 " ur , 1:loor Ana 2,480 S.F. e b,rwp dN1YM 4 pe"1 � tI M •<n M <0 , Greenhouse Floor Area: – 1,400 S.F. "no <f u w.t tlnmt �k a ke M A No hW C: ttrrM eea Percent of Site 1 m o W. Covered by Building: 4.191 . CA al m, Percent of sites Covered, by Parking: _ 9.396 NpManl l"M N<. en, nu. a Pereen('Of 81H . , 4 n,, na„ ,n n C,�va I'. wt.. Covered by impervious Surface:natnnaevw,at�naaa 24 896` O4 •„0° Number o1 Employees: 3 n. s < "M ." amv a ,enm 7.7am,M nn N.M. .... -. Perking Required: 12 Stotts (with 1 HC) sm rerop.� w"" Perking Provided: 16 Stalls (with 1 HC) w ""; ;'; .. . Existing Bldg. Mt. 16 1i.Story M . .."A.ftW.9 wof Proposed Bldg. HU 26' 12 Story " ' 0 w . 'uaq #X1311ng Greenhouse Ht.: 12' 11 Story W.1 Dm Proposed Greenhouse Ht.: 16'/1 Story ," IM w<efma m.fm,.a race <. "MUaan C<umr.M<n.,a. INA i � c� b Q0 we e. 9�• ,b% , AMn I 1ajuw , I wafland wotnawaaowuat - "tnTatuortannur i f Ealatioe9LNeinp: Vii., �,., .�►� r. r♦eftPaat• + -- iaa ea0" d �' sHaal e a Y � _ - cae6Ya . i - ' - 93Y -- �7 _ - ^� ►_ -- ____'yy4 --- --- -- --------- -- � He,e�nNS ----- `____— � -- - -- °ice ' - ------------ _ � North Lo tus L awn Garden YJIA�TEFI- _ 6 N ---... a bhanhasse'n,�minn6SDta_..- T _"" " p8 Wes(78tf�gt., Ctianhas�en, MN 55317 _ ), o, air iu " EXISTIN(a PpCDPDSED /�DO ITtol�l S OOT* E1.FVATI01-4 F-XIST 114 co P A DDI"r►oN f �� it �'i II PROPOSED ADVITIOW E x 1 r I N C-4 PROPOSED ADD►TIOt-L 1, SIXISTIW6. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: Garden Center 2. Property The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: See attached Exhibit B. 3. Conditions The permit is issued subject to the following conditions: See attached Exhibit A. 4. Termination of Permit The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. S. Criminal Penalty Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 12, 1988 CI Vo ANHASSE By o ., By: & Its Cler STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) Ar ALday The fo egoing instrument was acknowledged before me this of , 19a, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. of , ,dry Pu is IC -„ J ^ =�r �'.� r ,, Myt� -..,._ i r AIF EXHIBIT A 1. Installation of a 6 foot evergreen screen along the south, west and north walls of the greenhouse and installation of a 2 foot hedge along the east side of the display area in front of the sales building. 2. Approval and compliance with Wetland Alteration Permit #88 -8. 3. The applicant shall file a plat application in conjunction with the City of Chanhassen to reserve the necessary utility easements and to properly convey the northerly portion of the site to the City. 4. There shall be no outside sales of merchandise as opposed to outside display of merchandise. S. The applicant shall enter into a development contract with the City and provide the City with the necessary financial sureties to guarantee the installation of these public improvements. 6. The sanitary sewer service shall have a sand trap prior to discharging into the public sanitary sewer system. 7. Details for the installation and connection of the sanitary sewer and water services shall be submitted to the City Engineer for approval prior to final approval. 8. A check valve shall be installed on the sanitary sewer service prior to discharge into the public sanitary sewer system. 9. The proposed utility easements shall be revised to include a 40 -foot wide utility easement which shall cover all of the existing and proposed utilities. 10. A revised grading, drainage and erosion control plan shall be submitted to the City Engineer for approval as part of the final review process. 11. The proposed water service connection shall be "wet tapped" in accordance with the latest published version for the Standard Specifications for Utility Installation from the American Water Works Association (AWWA). 12. Details for the service connection to the 10 -inch diameter watermain should be submitted to the City Engineer for approval prior to final approval. 13. An enclosure screening the bags of mulch and fertilizer shall be constructed by October 1, 1989. 14. The applicant shall arrange to pave the parking area within four weeks of completion of the city's work. Upon approval from city staff, the applicant may receive an occupancy permit prior to completion of the paving work. -1- r 15. Construction vehicles be screened (typical passenger vehicles and small pick up trucks excluded). 16. The site shall not be used as a site for a landscaping contrac- tor's yard business. 17. The applicant may either install the greenhouse in a north /south orientation or install a six foot arborvitae screen as recom- mended in condition #1. -2- a EXHIBIT B U Tract C and that part of Tract D lying Easterly of the Southerly extension of the west line of said Tract C, Registered Land Survey No. 59, files of Registrar of Titles, County of Carver; Also the West 149 feet of that part of the Southwest quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, lying Southerly of the right -of -way of the Chicago, Milwaukee and St. Paul Railway. NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, December 4, 1996 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive SUBJECT: Addition to Lotus Lawn and Garden WPLICANT: Jay Kronick .00ATION: 78 West 78th Street ■■ �� =■ !=111 � moo■ . K P NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Jay Kronick, is requesting site plan review for a greenhouse and office building addition located on 2.3 acres of property zoned BH, Highway Business District and located at 78 West 78th Street, What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob Generous at 937 -1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on November 21, 1996. KAHNKE BROS INC PO BOX 7 VICTORIA, MN 55386 0007 CITY OF CHANHASSEN C/O CITY TREASURER 690 COULTER DR PO BOX 147 CHANHASSEN, MN 55317 0147 DORN BUILDERS INC C/O MARATHON MANAGEMENT INC 2222 PARK AVE MINNEAPOLIS, MN 55404 DORN BUILDERS INC C/O MARATHON MANAGEMENT INC 2222 PARK AVE MINNEAPOLIS, MN 55404 THOMAS M & PATRICIA H REDMOND C/O REDMOND PRODUCTS INC 18930 78TH ST W CHANHASSEN, MN 55317 9305 DORN BUILDERS INC C/O MARATHON MANAGEMENT INC 2222 PARK AVE MINNEAPOLIS, MN 55404 JAY L & PEGGY M KRONICK 8575 TELLERS RD CHASKA, MN 55318 9312 CLIFFORD L WHITEHILL 6247 INDIAN MEADOW ORLANDO, FL 32819 KAHNKE BROS INC PO BOX 7 VICTORIA, MN 55386 0007 SYSTEMS CONTROL INC 9555 JAMES AVE S SUITE 220 BLOOMINGTON, MN 55431 MCDONALD'S CORP (22 -157) AMF O'HARE PO BOX 66207 CHICAGO, IL 60666 CHANHASSEN CAR WASH PARTNERS 4711 SHADY OAK RD HOPKINS, MN 55343 Planning Commission Meeting - December 4, 1996 p. The Fire Department sprinkler connection shall be located adjacent to the main vestibule to the building. Contact the Chanhassen Fire Marshal for exact location. 16. Concurrent with the building permit, a detailed lighting plan meeting city and PUD standards shall be submitted. 17. All rooftop equipment must be screened in accordance with the PUD ordinance. 18. The siding for the entire motel shall be cedar siding with the smaller width, 6 to 8 inches. All voted in favor and the motion carried. SITE PLAN REVIEW FOR A GREENHOUSE AND OFFICE BUILDING ADDITION ON TO LOTUS LAWN AND GARDEN LOCATED ON 2.3 ACRES OF PROPERTY ZONED BH, HIGHWAY BUSINESS DISTRICT AND LOCATED NORTH OF HIGHWAY 5,78 WEST 78 STREET, JAY KRONICK. Bob Generous presented the staff report on this item. Mancino: Any questions for staff? Is the applicant here? Jay Kronick: I'm Jay Kronick. I reside in Chaska. I'm the property owner. I guess I don't really have any problems with the recommendations made by staff. I was a little surprised to find out about the requirement for sprinklering, particularly the greenhouse. A steel structure with rigid plastic siding and not much else to it other than some plants and presumably metal benches and a concrete floor eventually. I've been exploring some ways around that. Haven't come up with anything. If you folks can help me out, I'd appreciate it. If I have to sprinkler the greenhouses, I will. There's plenty of water in there anyhow. Otherwise the recommendations, I don't have any problem with any of them. I did want to indicate to the commission this evening that I submitted a site plan which would hopefully foresee the major types of changes and improvements I would envision making over an undetermined period of time. A number of years. I don't anticipate having a means without incurring additional debt to do all this at once. It would be my intention during the next construction season to complete the building but some of the other improvements would have to wait and be done in successive years as time and circumstances permit. Mancino: So you would phase that? Jav Kronick: Yes. Yes. Other than that I have nothing else I think I need to enlighten you with. Well one thing. It's noted in here that we will match the existing building and I think our siding is about 6 inches wide right now. 19 Planning Commission Meeting - December 4, 1996 Mancino: Any questions for Jay at this time? Okay, thanks. May I have a motion and a second to open this for a public hearing. Farmakes moved, Joyce seconded to open the public hearing. The public hearing was opened. Mancino: Anyone wishing to address the commission at this time on this issue, please come forward. Seeing none, may I have a motion and a second to close the public hearing? Peterson moved, Farmakes seconded to close the public hearing. The public hearing was closed. Mancino: Comments. Or questions from commissioners. Alison. Blackowiak: Well actually everything looks fairly straight forward to me. The only question I would have, Jay made me think of it. Is there any type of a restriction as to how long it will, it could take to do this work? You can't do it all in one year, which I totally understand. Is there any time limit on what we say or is it kind of an indefinite period to work on this? Aanenson: Typically the building inspector... Certainly I think we would want to see a continuous action. That might be one of the conditions that you could put on. That there would be continuous action to work towards completion... Jay Kronick: I may just enlighten you. The building itself will be done... I would envision the greenhouse as a separate item... Blackowiak: Yeah, I didn't mean to imply that. I just didn't want you to have to come before the Planning Commission in a year because you want to do the next phase. I just want to make this as easy as possible so that, although it may take more than one construction season, there's not going to be a requirement for you to come back every time you want to add a component. Aanenson: I guess what we're saying too is that we want to make sure that... That the drainage is going the right direction and those sort of issues so I think if there is going to be... Not just the building as a continuous action.. Keep the rest of the site moving and generally... It's progressive towards completion so it's not 10 years out. Mancino: It'd be fairly general. Blackowiak: Okay, that's fine. That's my only comment. Mancino: Jeff. Farmakes: No additional comments... The issue of the sprinkling... Mancino: Bob. 20 Planning Commission Meeting - December 4, 1996 Skubic: No comments. Mancino: Ladd. Conrad: Nothing. Peterson: Nothing. Mancino: My only one has to do, and I don't have a clue legally but it does say Minnesota... greenhouse and sales area. Well if there are any findings that we can check with the greenhouse, I think that would be comfortable to Jay. Those are my only comments. Good going and is there a motion? Joyce: I make a motion the Planning Commission recommends approval of an amendment to Conditional Use Permit #88 -13 for a site plan review for 2,480 square feet expansion to the sales area and a 400 square foot expansion to the greenhouse area subject to the conditions 1 through 6. Mancino: Is there a second? Conrad: Second. Mancino: Any discussion? Joyce moved, Conrad seconded that the Planning Commission recommends approval of an amendment to Conditional Use Permit #88 -13 for a site plan review for a 2,480 square foot expansion to the sales area and a 400 square foot expansion to the greenhouse area subject to the following conditions: 1. The building must be fire sprinklered or separated into individual buildings with adjusted locations to avoid sprinklering. 2. The water service must be located so as not to pass under any buildings. 3. The additions and accessible route must meet building code requirements. 4. The applicant shall provide the City with a $2,000 cash escrow or letter of credit to guarantee boulevard restoration prior to commencing construction of the drive aisle and/or apron curb cut on West 78` Street. 5. The proposed drive shall be paved with bituminous and concrete curb and gutter pursuant to Citv Code. 21 Planning Commission Meeting - December 4, 1996 6. The applicant shall incorporate foundation plantings south of the proposed sales and office buildings. All voted in favor and the motion carried. AMENDMENT TO THE CITY CODE TO PROHIBIT CHEMICAL TREATMENT OF THE ALGAE IN WETLANDS. Jill Sinclair presented the staff report on this item. Mancino: May I have a motion to open this for a public hearing and a second please? Peterson moved, Farmakes seconded to open the public hearing. The public hearing was opened. Mancino: Thank you. Anyone wishing to address the Planning Commission, please do so at this time? Peterson moved, Farmakes seconded to close the public hearing. The public hearing was closed. Mancino: Thank you very much. Craig. Peterson: No comments. Mancino: No comments? Ladd. Conrad: Looks good... Mancino: Looks fine with that too. May I have a motion? Conrad: I would make the motion that the Planning Commission recommend approval to the City Council of the addition to amending Chapter 20 of Chanhassen City Code per the document. Mancino: Which is Section 20 -407, Wetland Alteration. Conrad: Yeah. Mancino: Is there a second to the motion? Joyce: Second. Mancino: Thank you. Any discussion? 22 CODE SPECIAL FIRE PROTECTION SYSTEMS 1306.0100 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL). 1306.0100 SPECIAL FIRE PROTECTION SYSTEMS (OPTIONAL). Subpart 1. General. This part authorizes optional provisions for the installation of on- premises fire suppression systems in new buildings, buildings increased in floor area, and buildings which have the occupancy classification changed. Subp. 2. Municipal option. The sprinkler system requirements in subpart 3 may be adopted with the selection of either item "8" or item "8a" based on local fire suppression capabilities,' but without further change by a municipality which has adopted the code. When adopted, the requirements are applicable throughout the municipality for new buildings, buildings increased in floor area, and buildings which will have the occupancy classification changed. Subp. 3. Requirements. Automatic sprinkler systems must be installed and maintained in operable condition in buildings in the occupancy classifications listed in items 1 through 11. For purposes of this chapter, area separation walls do not establish separate buildings. The square footage requirements stated in the following items establish the threshold where the provisions apply; in the case of mixed occupancies the threshold number of the most restrictive occupancy applies to the entire building, except for minor additions that do not increase the occupant load or significantly increase the fire load. 1. Group A -1 occupancies. 2. Group A -2 occupancies with an occupant load of 300 or more. 3. Group A -2.1 occupancies. 4. Group A -3 occupancies with an accumulative occupant load of 300 or more. 5. Group S -3 service stations with 3,000 or more gross square feet of floor area, not including canopies. 6. Group S -3 parking garages with 5,000 or more gross square feet of floor area. 7. Group B offices and postsecondary classrooms with 8,500 or more gross feet of floor area or three or more stories in height. 8. Group M mercantile, S storage, or F factory occupancies with 2,000 or more gross square feet of floor area or three or more stories in height. 8a. Group M mercantile, S storage, or F factory occupancies with 5,000 or more gross square feet of floor area or three or more stories in height. 9. Group E -1 and E -2 occupancies with 8,500 or more gross 132