1j. Halla Nursery: Site Plan Amendment.CITY O
CHANI3ASSEN
P.C. DATE: 7-16-97
C.C. DATE: 8-11-97
9-8-97
CASE: 97-8 Site Plan
BY: A]-Jaff.-v
STAFF REPORT
PROPOSAL: Site Plan Review amendment for a 192 s foot entr addition to an
existin buildin Halla Nurser
LOCATION: South of Count Road 14 (Pioneer Trail), and west of Hi l01 (Great
Plains Blvd.).
APPLICANT: Don Halla
10000 Great Plains Blvd.
Chanhassen, MN 55317
PRESENT ZONING: A2, A Estate District
ACREAGE:
Approximatel 10 acres
DENSITY.
ADJACENT ZONING AND
LAND USE:
N - A2. A Estate District
S - A2. A Estate District
E - A2, A Estate District
W - A2, A Estate District
WATER AND SEWER:
Unavailable to the site.
PHYSICAL CHARACTER.: The site is currentl bein operated as a nurser A lar number
of different sized trees cover the site.
2000 LAND USE PLAN:
Residential-Lar Lot
Q -
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/ 4f ,
_ .02=.Uy
Halla Nursery
September 8, 1997
Page 2
PROPOSAL /SUMMARY
This request is for the construction of a 192 square foot entry way addition to the Halla Nursery
existing building. The addition will be located to the east of the existing building. The site is
located west of Highway 101, south of Pioneer Trail and north of Creekwood Drive. The lot area is
approximately 10 acres. It is zoned A -2, Agricultural Estate District. In an attached letter the
applicant explains that last winter, snow accumulated over the roof, above the entrance and feel
at the entrance of the green house. For safety reasons, they wish to add a roof that would divert
snow to the sides. The addition will be constructed of glass, steel and Poly Carbonate which is a
form of plastic. The addition will be 12 feet wide, 12 feet high, and 16 feet deep. It has a
pitched roof and double doors.
There are no other changes to the site.
Based upon the foregoing, staff is recommending approval of the site plan request subject to
appropriate conditions.
BACKGROUND
Attached is the Order for Judgment and Judgment and Stipulation for Entry of Judgment for Halla
Nursery. The documents contain conditions of approval as ordered by the court.
SITE PLAN REVIEW
General Site Plan /Architecture
The proposed entryway addition, with an area of 192 square feet, will be situated parallel to
Highway 101. The site is bordered by Highway 101 to the east, and Halla Great Plains Estate
residential subdivision to the north and south. It is zoned A -2, Agricultural Estate District.
The applicant is requesting this addition because last winter, snow accumulated over the roof,
above the entrance and fell at the entrance of the green house. For safety reasons, they wish to
add a roof that would divert snow to the sides. The addition will be constructed of glass, steel
and Poly Carbonate which is a form of plastic. The addition will be 12 feet wide, 12 feet high,
and 16 feet deep. It has a pitched roof and double doors.
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;
Halla Nursery
September 8, 1997
Page 3
(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;
(5) 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;
C. 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 arkin in terms of location and number of access points to the public
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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 applicant has a legal non - conforming use. The use has been regulated
through a Stipulation Agreement. The property is zoned A2 and guided Residential Large
Lot.
Wetlands
There do not appear to be wetlands on the parcel.
Halla Nursery
September 8, 1997
Page 4
Grading
There will be none.
Drainage
Existing drainage will not be impacted.
Utilities
Not needed.
Parking Lot Circulation
Not applicable and will not be impacted.
Erosion Control
The applicant will be required to apply for a building permit. When the plans are reviewed, it
will be determined if there is a need for erosion control. Since there is no proposed grading,
most likely, there will be no need for erosion control.
Landscaping
None required.
Lighting
None proposed.
Si na e
None proposed.
PLANNING COMMISSION UPDATE
On July 16, 1997, the Planning Commission reviewed and approved this application unanimously.
CITY COUNCIL UPDATE
On August 11, 1997, the City Council moved to table the request for the site plan amendment to
construct a 192 sq. ft. entry way addition to an existing building located at 10000 Great Plains
Blvd., until Halla Nursery is in compliance with the Judgment and Stipulation. Staff inspected
Halla Nursery
September 8, 1997
Page S
the site on August 22, 1997, and found that the site appeared to be in compliance; however, new
issues have come up. The public address system (music and pager) is audible outside of the
buildings. Composting is also taking place outside of the defined "subj ect property."
Halla Nursery dumping compost s dum in and landscape materials from their business into the ravine
p
located within the residential neighborhood. Staff has been working with Don and Mark Halla to
clean the ravine and stabilize the soils. They have been notified that no dumping is permitted in
that area. The g dum p in of materials has stopped. The Halla's believe that they have been using
pp
the ravine to dump materials as long as their business has existed. Staff explained that such
practice is not legal and that over the years, they have been warned continuously to stop filling
the ravine. The y requested above ground compost areas within the residential portion of the
q
Halla Subdivision. Staff is of the opinion that all operations related to the nursery should remain
on the nursery site.
The question becomes "Where do they compost the materials generated from their business ?"
Halla Nursery takes out a burning permit 2 or 3 times a year and burns all the materials generated
by their business. The Fire Marshal explained that there are two types of burning permits. A
residential/agricultural permit is a burning permit that takes place occasionally. A second type of
permit is a permanent burning site. Such permits must be granted by the DNR. When the Fire
Marshal grants burning permits to the Hallas, it is his understanding that only dead trees or
branches trimmed at the Halla Nursery site may be burned. He also explained that branches or
trees enerated off site and brought back is not permitted. During meetings with the Hallas.
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including the Mayor, engineering and planning staff, we explained that we wish to see a long
term solution to this p roblem. Once the surrounding area is developed, we believe that burning
will not be an option. We also believe that any functions associated with the business should
remain on the nursery site. The Hallas disagree with our interpretation and feel they should be
able to continue their practice of burning and composting above ground on the residential portion
of their subdivision. We contacted several nurseries in the community to find out how they
handle branches or other materials g enerated from job sites. All nurseries have a wood chipper
and a compost pile. Materials that cannot be composted or chipped are taken to a landfill. The
Hallas do not wish to p urchase a chipper nor haul materials off site. Staff is struggling with the
issue that it is not our job to find a location for their materials. We suggested an area on the
nurse site, however, it was unacceptable to them. We are still researching these issues and
nursery
working on resolving them. Any changes to the operation of the nursery will have to be
approved by the City Council.
STAFF RECOMMENDATION
Site Plan Review
Staff recommends that the City Council adopt the following motion:
"The City Council approves Site Plan Review #97 -8 as shown on the site plan dated received June
13, 1997, subject to the following conditions:
Halla Nursery
September 8, 1997
Page 6
1. The applicant shall apply for a building permit.
2. Composting shall take place on the nursery site.
3. Public address system shall be in compliance with the stipulation agreement."
ATTACHMENTS
1. Settlement Agreement dated March 6, 1997.
2. Letter from Don Halla dated April 8, 1997.
3. Application.
4. Planning Commission minutes dated July 16, 1997.
5. City Council minutes dated August 11, 1997
6. Plans received June 13, 1997.
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
VS.
Plaintiff,
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
STIPULATION FOR ENTRY
OF GMENT
TION made this 27th day of January, 1997, b
STIPULATION, y , between, and among the y Y
HANHASSEN a Minnesota munic CITY OF C P cor ("City"), and HALLA
NURSERY INC. a Minnesota corporation, ( "Tenant ").
RECITALS
EREAS Tenant leases the following described property ( "Subject Property ")
wH g P
Great Plains Boulevard in the City located at 10,000 G y of Chanhassen, Carver County, State of
Nilnnesota consisting approximately in of a roximatel 12 acres now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to -wit:
Lot 10 Block l Halla Great Plains Addition, according to the
recorded P lat thereof, Carver County, Minnesota.
The Subject Property is zoned A -2, Agricultural Estate District.
� P y
REAS, In early 1 1994 , Tenant constructed a new retail sales building ("Garden
UYHE
el 5 000 s quare feet on the Subject Property, Center) of approximately q � P rty , and no building permit
31155.11
r01/27/97
was obtained. Tenant has since used the Garden Center for retail sale of goods to the
general public.
WHEREAS, in May 1994, the City inspected the Garden Center. The City Building
Official found that the Garden Center did not comply with the Uniform Building Code
("UBC") requirements for a B -2 occupancy.
WHEREAS, on June 1, 1994 the City initiated a civil lawsuit against Tenant seeking
to permanently enjoin Tenant's operation of a retail commercial business from the Garden
Center unless. a Building Permit was obtained, the necessary requirements for a B -2
occupancy were satisfied and a certificate of occupancy issued.
WHEREAS, Tenant has obtained a Building Permit and has complied with the March
20, 1995 Letter of Understanding and completed all requirements for a B -2 occupancy for
the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The
City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate.
WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long term land use of the
Subject Property.
WHEREAS, the City is desirous of exercising its zoning and police powers for the
public good.
WHEREAS, the parties desire to amicably resolve and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
31155.11
r01127/97 -2-
FILED
STATE OF MINNESOTA
MAR - 6 1997
COUNTY OF CARVER
CARVER COUNTY COURTS
---------------------- - - - - --
City of Chanhassen,
Plaintiff,
vs.
Halla Na sery, Inc., a
Minnesota corporation,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
ORDER FOR JUDGMENT
AND TUDGMENT
ORDER FOR JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and .
P
proceedings herein, IT IS HEREBY ORDERED:
1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are
each subject to and bound b the terms of the Stipulation for Entry of Judgment, which is
y
incorporated herein by reference.
2. Defendant Halla Nursery, Y Inc. is hereby permanently enjoined from using the
Sub Property Stipulation Pro in violation of the Sti ulation for Entry of Judgment. Defendant's violation
J
of any g P obligation under the Stipulation will constitute immediate and irreparable damage to
the Plaintiff not com nsable in money damages and entitles the Plaintiff to preliminary and
Pe y g
permanent rmanent injunctive and equitable relief to cure the violation upon application to the District
Court.
30982.02
07/22/96
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court.
4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its
entirety with prejudice.
5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
ACCORDINGLY, FORTHWITH.
Dated: _ - , 19
BY THE COURT:
7 dg�- of istrict Court
JUDGMENT
The above Order hereby constitutes the Judgment of this Court.
Dated: " � /ice.
gGOR S
(Court Seal) A i s ator
Dated: March 6, 1997 B � '
30982.02 2
7/22/96 -2-
C. Prohibited Signage. All signs are strictly prohibited, except as expressly
t
allowed ursuant to paragraphs hs 6A and 6B of this Stipulation, or pursuant to a sign permit
p P P
issued by the City.
7. PARKING.
A.
Minimum Number of Stalls. The areas identified as P on the Site Plan are at
least the parking e minimum required arkin stalls, which shall not be devoted to any other use.
B. Handicapped ed Parkin g and Fire Lanes. The handicapped parking stalls and
n the Site Plan must be designated fire lanes as shown o and marked as required by State law g
and City ordinances.
8. FENCE /SCREENING /BE G.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
installing the future fence as shown on the Site Plan.
B. Installation Date. The future fence, screening or berming must be installed
s after a certificate of occupancy is issued to an residential lot which
within thirty (30) day P Y Y
abuts the Subject Property.
Tenant shall be granted a reasonable extension of this time limit
weather or round conditions. The screening if necessary due to wea g g must meet the requirements
. 20 -1180 with the exception that r ing may be located on
of City Code Section P required screen.
property ro with the written consent of the owner of the adjacent property.
P P Y
9. PUBLIC A DDRESS SYSTEM. Tenant shall cease and desist the use of the
p y am
public address system or other sound amplification devices that may be heard outside a
P
building effective immediately.
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon
execution of this Stipulation, 1 tion the parties agree to submit the Order, attached hereto as Exhibit
31155.11
r01/27/97 "7"
"C" , to the Court. The parties hereby stipulate to entry of said Order by ex -parte motion of
f
either party. f
11. SEVERABILITY. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation. _
12. WAIVERS /AMENDMENTS: The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
this Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run with the land and may be recorded
against the title to the Subject Property,
15. NOTICES. Required notices to the Tenant shall be in writing, and shall be
either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Halla at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770
Creekwood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to
the City Manager and shall be either hand delivered to the City Manager of the office staff,
or mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317.
16. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subject Property.
31155.11
r01/27/97 -8 -
17. JURISDICTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deems just and proper.
will not enforce any provi
EQUAL PROTECTION. The City 18. Q ty sion of law
against Tenant unless
it is enforced on all A -2 users in accordance with the equal protection
doctrine.
19. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect
the public's interest.
20. ENFORCEMENT. The prevailing party in any action or proceeding in court
P
to enforce or interpret
the terms of this Stipulation shall be entitled to receive its reasonable.
' and other reasonable costs and expenses from the no party.
attorneys fees P
M
CITY OF CHANHASSEN
am
Nancy Mancino, Mayor
AND
Don Ashworth, City Manager /Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this __ day of
T g g g
1997 b y y Nanc Mancino and by Don Ashworth, the Mayor and City
g y
Manager/Clerk er /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
31155.11
r01/27/97 -9-
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
LN
Elliott B. Knetsch, #168130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452 -5000
TENANT:
HALLA NURSERY, INC.
Its
AND
Its
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1997 by and
, the and
of Halla Nursery, Inc., a Minnesota corporation, on behalf of
said corporation.
Notary Public
Mr. Robert J. Bruno, #12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
(612) 890 -9171
31155.11
r01/27/97 -10-
FEE OWNER CONSENT
TO
STIPULATION FOR ENTRY OF JUDGMENT
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee
Property more particularly owners of the Subject p y P y described in the foregoing Stipulation, do
hereby in affirm, and consent to the provisions thereof and agree to be bound by the
y
provisions as the same may apply to that portion of the Subject Property owned by them.
Dated:
DONALD E. HALLA
SANDRA. J. CWAYNA HALLA
STATE OF MINNESOTA
(ss.
COUNTY OF )
in instrument was acknowledged The foregoing before me this day of g
1997 b y DONALD E. HALLA and SANDRA J. CWAYNA HALLA,
husband and wife.
NOTARY PUBLIC
31155.11 -11-
rO 1 /27/97
EXIT "B" - PERMITTED PRODUCTS
PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND
ORNAMENTATION OF PLANTS, LAWNS, ANDAALS AND OTHER LANDSCAPE
FEATURES
1,2,3,4 " S
FERTILIZERS 1,�
PATIO PRODUCTS
HERB ICIDES i
ORNAMENTAL ITEMS 1,2
FUNGICIDES'
WATER PRODUCTS 1 ' 3
BIRD SUPPLIES'
BULK SOILS 2
BIRD FEEDERS"
BAGGED MULCHES '9
BM HOUSES 1,4
BULK MULCHES 2
BIRD BATHS '.2,4
BAGGED S OIL ',2
WEED 13ARMR FABRIC AND PINS '#'
SITE FURNITLME
POWER AND HAND TOOLS'
CONSULTATIONS
SEEDS'
GAUGES
SPREADERS'
1
WATERING E Q UIPMENT ''
POLY
INFORMATIONAL TEXT 1
CLOTH AND NETTING i
PONDS 1,z,3,�
PLAINT SUPPORTS 1,4
STATUARY 1 '� 3 �`
FOUNTAINS ! j 2 ' 4
FENCING 1 ' 2
FISH AND WATER PLANS
TRELLISES 1,3,3'd -
STRAW MARSH HAY'
GAZEBOS 1.2,3
LABELS'
LIGHTING 1.3
BIRDS 1.2 .
CHRISTMAS TREES & ACCESSORIES 1'2,d
LANDSCAPE DESIGNS �'
BULBS'
LAB OR 2"
CLOTMNG !
MAINTENANCE
PESTICIDES'
SNOWPLOWING �13
CUES 1.24
INSTALLATIONS')'
POTTERY ,2-4
CONSTRUCTION 2
REPELLENTS 1
RECONSTRUCTION �
S 2
REMO VAL 2 ' 3
WOOD TIES
DELIVERY 1j%3
TOOL AND E Q UIPMENT RENTAL 1 '
BOULDERS
S OIL AMENDNMNTS 1,Z.3
S AND 2 '
TREE SHRUB & PLAINT MAT 10 %1A
EDGING 1,2.
INS CElDAMA.GE EVALUATIONS 1 � 3
STRUCTMS 1 ' z
GIFT CERTIFICATES i&
OUTDOOR LIVING ACCESSORIES 1'�,3,�
GANjFj ANINMLS & SUPPLIES 112'4
PLAYGROUND EQUIPMENT 1,2
RETAININ WAL PRODUCTS 2
DRAIN TILE & ACCESSORIES "
MISCELLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PRACv-
TICAL, DvIPROVEMENT, OR USE OF M O OR �►ND OUTDOOR LIV?NG SI'ACES 1 2,3 ` 4
1 Indoor sales from the Garden Center
z Outdoor sales'
3 Indoor sales from the Office
A Sales from the Greenhouses identified as Buildings C & E on Exhibit A.
EXHIBIT "C"
s
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
---------------------- - - - - --
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
ORDER FOR JUDGMENT
AND JUDGMENT
ORDER FOR JUDGMENT
t of Judgment, and u
Based upon the Stipulation for Entry g on all the files, records and p
proceedings s herein, IT IS HEREBY ORDERED:
Chanhassen, Halla 1. The City of Ch Nursery, Inc. and the Subject Property are
• the Stipulation for each subject to and bound by the .terms of p Entry of Judgment, which is
incorporated herein by reference.
la Nurse Inc. is hereby 2. Defendant Hal Nursery, Y ermanently enjoined from using the P
• t of Judgment. Defendant's violation
Subject Pro erty in violation of the Stipulation for Entry g
J P
of any obligation under the Stipulation will constitute immediate and irreparable damage to
' titles the Plaintiff to preliminary and
the Plaintiff not compensable In money damages and en P
30982.02
07/22/96
permanent injunctive and equitable relief to cure the violation upon application to the District
Court.
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entities the Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court.
4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its
entirety with , prejudice.
5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
ACCORDINGLY, FORTHWITH.
Dated: , 1996.
. BY THE COURT:
Judge of District Court
JUDGMENT
The above Order hereby constitutes the Judgment of this Court.
Dated: , 1996.
(Court Seal)
30982.02
07/22/96 -2-
p O ,%AT 10A j
Z "LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS" INC.
9 2
� 0 GrY. 71 1
17 i �``�. 1 0
o I A� ^ 1 ,000 Great Plains Blvd., Chaska, Minnesota 55318
3 Miles South of Chanhassen on Hwy. 101
Phone 612- 445 -6555
4/8/97
City Council
City Planner
City Manager
City of Chanhassen
690 Coultier Drive
P.O. Box 147
Chanhassen, Mn. 55317
Ladies and Gentlemen:
This winter we had several times that the snow avalanched off of our Gal
Center roof.
For safety sake we feel we should install a snow and rain shed, or roof over
the front door.
We are requesting permission to do so. The roof would be 12 feet wide, 12
feet high (to fit under existing eve) and 16 feet long. It would be designed like a
miniature greenhouse of glass, steel and poly carbonate. The structure would be
bolted to our existing cement slab.
If we are to do this we would need a quick decision, as the crew building our
existing greenhouse is from Canada and will be through with construction very
shortly.
Thank you for your attention and considerations.
,;;,�>, -/
IIalla Nursery I11c.
Don E. Halla
President
"THE PLACE TO GO FO11 PLANTS THAT C'11nti1'"
YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING
SHADE TREES •EVERGREENS •FLOWERING CRABS •FRUIT TREES •FLOWERING SHRUBS •HEDGING •GROUND COVERS FERTILIZERS
LANDSCAPE CONSULTATION •INSECTICIDES •PRUNING •LARGE TREE MOVING •INSURANCE CLAIMS •DESIGNING
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
►PPLICANT: �
=M -I_ G. /l� 5 i� V 1 AIn OWNER. _� *4 /'
a
►DDRESS: lam. 0 0 G `4 ` �4A*,'olADDRESS:
C-1 A/ A:5 /.< A Z.,4 A-1/ 3 /
ELEPHONE (Day time)
TELEPHONE:
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
Site Plan Review*
X Escrow for Filing Fees /Attorney Cost **
($50 CUP /SPR/VACNAR/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 - six full size folded copies of the plans must be submitted, including an 8' /2" X 11" reduced copy of
transparency for each plan sheet.
** Escrow will be required for other applications through the development contract
)TE - When multiple applications are processed, the appropriate fee shall be charged for each application.
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Wednesday, July 16,1997
at 7:00 p.m.
City Hall Council Chambers
690 Coulter Drive
SUBJECT: Site Plan Amendment to
Construct an Entryway
on Existing Building
APPLICANT: Halla Nursery
LOCATION: Halla Nursery
• invited to attend a public hearing NOTICE. You are i p g about a proposal in your area. The
applica nt Halla Nurse is requesting site plan amendment for construction of an entryway
Nursery, q g
onto the existing Halla Nursery building.
What Happens at the Meeting: The purpose of ,this public hearing is to inform you about the
p p
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 p
Developer will resent plans on the project.
p
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.
Comments: If you want to see the
Questions and C plans before the meeting, please stop by City y p
Hall during ffice hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
g
someone about this project, please contact Sharmin at 937 -1900 ext. 120. If you choos e to
submit written p
comments it is helpful to have one copy to the department in advance of the meeting.
Staff will p rovide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on July 3, 1997.
vV
& DEBORAH GRAFFUNDER DALE & PEGGY GUNDERSON
GREAT PLAINS BLVD 845 CREEKWOO
;A, MN 55318 CHASKA, MN 55318
R TEICH
SOUTH MONROE
)PEE, MN 55379
;R G & CHRIS A ARNDT
. GREAT PLAINS BLVD
:A, MN 55318
CREEK GOLF ASSOC
CONCORDIA ST
.TA, MN 55391
& CLARE JOHNSON
REEKWOOD DR
A, MN 55318
CREEK GOLF ASSOC
CONCORDIA ST
TA, MN 55391
D & KAY M HALLA
REEKWOOD DR
A, MN 55318
D E HALLA &
GREAT PLAINS BLVD
k e MN 55318
D E HALLA &
GREAT PLAINS BLVD
k, MN 55318
D E HALLA &
GREAT PLAINS BLVD
k, MN 55318
Planning Commission Meeting - July 16, 1997
there. p
What's the impact of the development? If we're talking about density transfers and
faking it off o p f a 30 acre piece here and putting it onto a 60 acre piece here, what's that mean to
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the 60 acre piece and the surrounding development pattern? I think that's kind of ultimately the
.
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attern color thin g that you're referring to that we intend to get to.
Aanenso n, Another letter that I had... wetland projects. Actually that took up quite a bit... It
does take up quite a bit of
Mark Koegler: If you
look at the entire watershed, if you start the numbers games, starts out at
about 6,1
00 acres. That's a tremendous amount of property and when you start thinking about
• can move it here or we can move it there. But when you really start looking at it
density, well we and
look at the pattern that's developed right now it becomes pockets of land in certain areas
t
where suddenly it's more important to focus on what the impact to that pocket is consistent with
the goals for the whole area.
Peterson: Other questions? Thanks.
Mark Koegler: Thank you.
PUBLIC HEARING:
RE VEST FOR A SITE PLAN AMENDMENT TO CONSTRUCT A 192 SO. FT. ENTRY
WAY
ADDITION TO AN EXISTING BUILDING LOCATED AT 10 000 GREAT
PLAINS BOULEVARD4 HALLA NURSERY D ON HALLA.
Sharmin Al -Jaff P resented the staff report on this item.
Would the applicant or the designee Peterson: Questions of staff. pp nee wish to address the Planning g
Commission? If so lease come forward. Seeing none, this is open for a public hearing. May I
have a motion to open it for a public hearing and a second please.
Brook m Joyce moved, Jo seconded to open the public hearing. The public hearing was opened.
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Peterson: Anyone please come forward to address the Planning Commission. Seeing none, may
.
I have a motion to close the public hearing.
Brooks moved, Joyce seconded to close the public hearing. The public hearing was closed.
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Peterson: Comments. Anything?
Sidney: I guess, you know I was thinking f this in terms of, even though they have a legal use,
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it ' s still a non-conforming use. I don't know if I like that idea of expanding a non - conforming
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use. However, it appears that the addition that it does serve a function of providing for the health
and safety and p g o
protection so I would along ith it ... would not want to see Halla come back
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for additional expansion...
5
Planning Commission Meeting - July 16, 1997
Peterson: Ladd.
Conrad: I agree with the staff.
Brooks: No comments.
Peterson: May I have a motion please?
Blackowiak• I'll move that the Planning Commission recommends approval of Site Plan Review
. g
#97 8 as shown
on the site plan dated received June 13, 1997 subject to the following condition.
Condition number 1.
Peterson: Is there a second please?
Joyce: Yeah, I'll second that.
Peterson: Discussion?
wick moved Joyce seconded that the Planning Commission recommends approval
Blacl.o y
of Site Plan #97 -8 as shown on the plans dated Received June 13, 1997, subject to the
following condition:
1_ The applicant shall apply for a building permit.
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
REQUEST FOR A SITE PLAN REVIEW FORA 30,000 SQUARE FOOT TWO STORY
OFFICE BUILDING AT THE NORTHEAST CORNER OF MAIN STREET AND
HIGHWAY 101 WITHIN THE VILLAGE ON THE PONDS DEVELOPMENT, OFFICE
SERVICES PHASE 8, AUSMAR DEVELOPMENT CO., LLC.
Bob Generous presented the staff report on this item.
Peterson: Questions of staff?
k: A quick question. I made a comment that there goes my major problem with the
entire building g
uildin in terms of adding the access onto Main Street. Can you point out on a plan or
someth
in vr where that access would be and also where you're hoping that the plaza will be
situated.
Generous' Oka this is the main street of Villages on the Pond and here's that y, y entrance
.
y steps the way that... u to the building. And what we're saying is the south half of this area,
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potentially i g y actually the existing walkway and actuall create a crescent shape plaza area, a landscape
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City Council Meeting - August 11, 1997
Councilman Senn: From what I've seen Steve, I would say they both are.
Mayor Mancino: Have we gotten final bids yet Todd on that?
Todd Hoffman: No.
Mayor Mancino: O y g
Okay. So we will accordingly get final bids and go with the lowest one?
Todd Hoffman: Correct. We're waiting a change order from Meger Construction. If we don't believe
that is appropriate, then we will solicit bids.
Mayor Mancino: And how many bids do we get, three?
Todd Hoffman: We'd et as man as would come in if we go out to the public for a public bidding,
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correct.
Mayor Mancino: Okay. ka An other q uestions or comments? Then may I have a motion please?
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• approval of the plans and specifications as submitted within the staff
Councilman Berquist. I'll move appro p p
report.
Mayor Mancino: May I have a second please.
Councilman Engel: Second.
Resolution #97 _ 62. Councilman Berq ,
uist moved Councilman Engel seconded to approve plans &
specifications,
Chanhassen Recreation Center /Bluff Creek Elementary School Parking Lot
Exp ,
ansions Authorize Advertising for Bids. All voted in favor, except Councilman Senn who
opposed, and the motion carried with a vote of 3 to 1.
O.
REQUEST FOR SITE PLAN AMENDMENT TO CONSTRUCT A 192 SO. FT. ENTRY
WAY ADDITION TO AN EXISTING BUILDING LOCATED AT 10,000 GREAT PLAINS
BLVD., HALLA NURSERY, DON HALLA.
Mayor Mancino: I would like to table this and have it come back once Halla Nursery is in compliance
with the Judgment ud and Stipulation that we have with them. An agreement that we have with them prior
p
to ivin them approval on this. Any other comments? Then may I have a motion please.
g g pp
Councilman Berquist: I'll move to table.
Mayor Mancino: Is there a second?
Councilman Engel: Second.
Councilman Ber uist moved, Councilman Engel seconded to table the request for site plan
amendment to construct a 192 s . ft: entry way addition to an existing building located at 10,000
Great Plains Blvd. , Halla Nursery, Don Halla until Halla Nursery is in compliance with the
Judgment and Stipulation. All voted in favor and the motion carried.