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6. Skip Cook: Interim Use Permit and Setback Variance.CITY OF CHANHASSEN STAFF REPORT PC DATE: 6/19/96 J CC DATE: 7/8/96 CASE #: lUP.# 96 -2 By. Rask:v PROPOSAL: J � .1 LOCATION: APPLICANT: Interim use permit request for a retail nursery in an A -2 Agricultural Estate District 850 Flying Cloud Drive, Northwest Corner of Hwy. 101 and Hwy. 212 Skip Cook OPERATOR: Dick Henning Enterprises 15506 Village Wood Drive 737 Ashley Drive Eden Prairie, MN 55347 Chaska, MN 55318 (612) 759 -5043 ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE: 10.0 Acres. N/A N - A -2, Agricultural Estate District S- - A -2, Agricultural Estate District E - BF, Business Fringe W - A -2, Agricultural Estate District 1 1 WATER AND SEWER: Not available to the site PHYSICAL CHARACTER.: The site contains an existing nursery consisting of a retail b two agricultural buildings, display areas, and growing ranges. 2000 LAND USE. PLAN:.. Unguided 1� Skip Cook Interim Use Permit June 19, 1996 Page 2 ' PLANNING COMMISSION UPDATE On June 19, 1996, the Planning Commission held a public hearing to consider the interim use permit application of Mr. Skip Cook for the operation of a retail nursery. By a unanimous vote, the Planning Commission recommended approval of the application with variances subject to 14 conditions. ' The Commission raised a concern over the potential cost of the conditions associated with the turn lane and landscaping. Staff indicated that relocating the driveway on Highway 212 and providing a ' turn lane would improve traffic safety. However, Highway 212 is a state highway and is under the jurisdiction of MnDOT. Staff recommends that the applicant work with MnDOT in making any necessary improvements in conjunction with the upgrade of Highway 212. Condition 14 has been ' modified to reflect these changes. ' Staff requested landscaping be provided along Highway 101 to provide a partial buffer and streetscape. The applicant has agreed to submit a landscaping plan incorporating evergreens along Highway 101. The intent is not to completely screen the operation but to break up the view of the ' storage areas and soften the overall appearance of the site. On July 1, 1996, staff met with the applicant to discuss the proposed conditions of approval. ' Several minor changes were made to the conditions of approval which are shown in bold under the recommendation section of the staff report. ' PROPOSAL /SUMMARY Skip Cook, the applicant, is requesting an interim use permit to expand an existing retail and ' wholesale nursery. The site contains a non - conforming nursery which has been expanded over the years. An interim use permit is being requested to bring the site into conformance with current ordinance provisions and to permit the expansion of the nursery. 1 0 The subject property has been used as a farmers market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in 1972. The applicant proposes to use the site as it exists today. Expansion of the use will consist of storage bins for decorative rock, increased display areas, and growing ranges. A variety of vegetables, trees, shrubs, and conifers would be stored and grown on the site. An irrigation system may be constructed in the future for care and maintenance of the nursery stock. No grade changes are proposed on the site. Staff recommends approval of the interim use permit based on the findings presented in the staff report and subject to the attached conditions. The proposed use is consistent with city ordinances and surrounding land uses. The interim use permit will allow the applicant to expand the operation while making use of the existing buildings and improvements. A variance from the 300 foot Skip Cook Interim Use Permit June 19, 1996 Page 3 setback requirement from a residence is being requested. Staff finds that the applicant has demonstrated a hardship in the location of the existing buildings and nursery operation. Existing vegetation and landscape plantings provides a partial buffer at this time. The applicant will maintain a fifty foot setback from adjacent property lines. BACKGROUND Sunny Acres produce stand occupied the site prior to the property being used as a nursery. Use of the property for retail purposes predates the City's Zoning Ordinance. Aerial photographs taken in November of 1979 show the existing retail building and parking area. In 1989, photographs reveal the addition of two greenhouse structures and additional display areas. Upon review of city records and aerial photographs, staff has determined that the property has the following non - conforming uses and structures: 1. Land area of the nursery operation consists of approximately 40,000 square feet (200 x 200 feet). 2. Three buildings occupy the site. The primary nursery building/retail building (40 x 50 feet) and two green house structures (20 x 60 and 20 x 40 square feet). 3. Nursery stock was located to the south, east, and west of the building within the parking area and adjacent to the building. 4. Pictures taken of the site in December of 1995 show one sign with the wording "Garden Center." No other permanent signage was present. 5. No contractor's equipment was stored on the property. The land area to the west of the building which is currently used for storage of nursery stock was expanded illegally. This area consisted of tilled agricultural land in 1989. Two "agricultural" buildings (32 x 40 feet) were added in 1992 for storage of agricultural equipment. On March 11th, 1996, the City Council, upon recommendation from the Planning Commission, approved an ordinance amendment allowing for retail nurseries in the A -2 district as an interim use permit. The intent statement for this ordinance amendment reads as follows, "It is the intent of this amendment to recognize that pre- existing retail nurseries and garden centers are located within the City and may be in conflict with the comprehensive plan and zoning ordinance. These establishments pre -date 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 L� Skip Cook Interim Use Permit ' June 19, 1996 Page 4 ' 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 approved by the City Council." To the north of the subject site is an existing home. The home has a significant amount of outdoor storage. To the west of the subject site (across TH 101) is the Brookside Motel, a legal non- conforming use. Bluff Creek runs through this property. GRADING/DRAINAGE/EROSION CONTROL 1 The Engineering Department is unable to address these issues based on the site plan submitted. An existing and proposed grading plan should be submitted for review and approval. ' UTILITIES The site does not have municipal sewer and water service available. Based on the applicant's narrative, they utilize a well and septic system. Municipal sewer and water are not planned to be ' extended for 5 to 10 years or more. ACCESS ' The site currently has two access points, one off TH 101 and the other from TH 212. MnDOT is proposing traffic safety improvements along TH 101 and TH 212 this summer. Attached is a copy ' of the preliminary plans for four lanes and traffic signals. Due to the close proximity of the driveway entrances to the intersection of TH 101 and TH 212, turning movements may be restricted during peak hours. Staff recommends that the southerly driveway access from the site (onto TH 212) be relocated further to the west. A MnDOT access permit will be required for this. Also, consideration for a deceleration lane should be addressed. FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed ' development with existing and proposed uses. The general issuance standards of the conditional use Section 20 -232, include the following 12 items: ' 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. ' Finding: The proposed use will not be detrimental to or endanger the public health or safety if the appropriate conditions are attached to the permit. Bluff Creek is in close ' proximity to the subject site. Erosion control measures must be employed and maintained. Skip Cook Interim Use Permit June 19, 1996 , Page 5 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. I Finding: The proposed use is consistent with the City's comprehensive plan and zoning ordinances. Staff sees this use as temporary until municipal sewer and water are brought to the property. At that time the use may change. 3. Will be designed, constructed, operated and maintained so 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. ' Finding: The proposed use will be operated in a manner which is consistent with other uses and compatible in appearance with the general vicinity if the appropriate conditions are ' attached to the permit. Additional buffering should be provided along TH 101 and TH 212. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the existing use will not be hazardous or disturbing to existing ' or planned neighboring uses. There is an existing home to the north and a large lot subdivision. 5. 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. Finding: The proposed use will be served by adequate public streets, private well and I septic system. 6. Will not create excessive requirements for public facilities and services and will not be I detrimental to the economic welfare of the community. Finding: The proposed use will not be detrimental to the economic welfare of the ' community. The use is proposed to be temporary until municipal services are brought to the site. 7. 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 of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Skip Cook Interim Use Permit ' June 19, 1996 Page 6 ' Finding: Expansion of the existing nursery operation by adding additional storage and growing areas will not further impact adjoining properties or the general welfare if the appropriate conditions are attached to the permit and complied with. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The nursery operation will utilize the existing access points onto TH 212 (Flying Cloud Drive) and Trunk Highway 101. The site is accessible from TH 101 and TH ' 169/212. The State of Minnesota will be installing a traffic signal at TH 101 and TH 169/212 this summer which will improve traffic flows in the area. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. ' Finding: The nursery operation will not result in the destruction, loss or damage of solar access, natural, scenic, or historic features of major significance. ' 10. Will be aesthetically compatible with the area. ' Finding: The nursery will be aesthetically compatible with the surrounding area with compliance of the conditions of the permit. 11. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values if the necessary conditions are attached to the permit. 12. Will meet standards prescribed for certain uses as provided in this article. ' Finding: The nursery will meet applicable standards with the exception of certain setback requirements. However, the proposed expansion should not further encroach to the north where there is existing residential properties. Section 20 -383. General issuance standards. ' The lammi commission shall recommend an interim use permit and the council shall issue P g p interim permits only if it finds that such use at the proposed location: 1. Meets the standards of a conditional use permit set forth in section 20 -232 of the City Code. Skip Cook Interim Use Permit June 19, 1996 , Page 7 2. Conforms to the zoning regulations. , 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. 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 6. The user agrees to any conditions that the City Council deems appropriate for permission of the ' use. Findings: The nursery operation meets the above standards. Staff has recommended conditions which should allow the use to be compatible with adjacent properties and the provisions of the City Code. r The following conditions apply i ions will a 1 to wholesale and retail nurseries: 1. The site must be on a collector or minor arterial as identified in the comprehensive plan. , Finding: The property is located on collector /arterial streets. 2. The minimum lot size is five acres. is ten in size. ' Finding: The property acres 3. All storage and yard areas as well as buildings must be setback fifty (50) feet from public or private road right -of -ways, and three hundred (300) feet from an adjacent single family ,. residence or a minimum of fifty (50) feet from a side lot line, whichever is greater. is i Finding: Because of the location of the existing buildings and display areas, the applicant unable to meet these setback requirements. Staff is recommending approval of variances from these setback requirements. Staff is also recommending that Area 4 as shown on the site plan dated June 10, 1996 be eliminated as a storage area for equipment, vehicles and materials (decorative rock, boulders, mulch, etc.). Nursery stock may be displayed or stored in this area. All other storage and yard areas shall maintain a minimum setback of fifty (50) feet from lot lines. 4. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. F u r� Skip Cook Interim Use Permit June 19, 1996 Page 8 The City Council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. Finding: One residential property is located to the north of the existing business. A partial buffering is provided with the existing vegetation and landscaping. However, with the elimination of Area 4 as shown on the site plan dated June 10, 1996, the home to the north should not be further impacted by the proposed nursery operation. Natural vegetation and existing landscape plantings provide a partial buffer to the adjoining property. 5. 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. Finding: The applicant has indicated that the hours of operation will not exceed 7:00 a.m. to 9:00 P.M. 6. Light sources shall be shielded. Finding: Any proposed lighting shall be done in a manner as not to infringe upon neighboring properties or negatively impact traffic on the adjoining roadways. 7. No outside speaker systems shall be allowed. Finding: No speaker system shall be allowed. 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 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. Finding: The applicant is requesting a termination date be set for the second anniversary of curbside availability of public sewer and water service. Staff recommends that this permit be reevaluated in five years or when sewer and water services become available, whichever occurs first. 9. 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. Skip Cook Interim Use Permit June 19, 1996 ' Page 9 Finding: All signage shall comply with these standards. I RECOMMENDATION ' Staff recommends that the City Council adopt the following motion: "The City Council approves the interim use permit for a wholesale and retail nursery, and a variance from the 300 foot setback requirement from a residence based on the findings presented in the staff report and site plan dated June 10, 1996 (prepared by Dick Henning Enterprise) and , subject to the following conditions: 1. Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or vehicles associated with the garden center. Storage or display of nursery stock is permitted in Area 4. ' 2. A fifty foot setback shall be maintained from all properties lines for the storage of materials, growing ranges, and parking, except that the existing parking area and display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may continue to be , used for these purposes. No materials or displays shall be placed within the right -of -way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. 3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 ' a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m. 4. Exterior light sources shall be shielded. 5. No outside speaker system shall be allowed. ' 6. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached ' conditions. 7. Signage shall comply with city ordinances. , 8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. xce 9. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. Skip Cook Interim Use Permit ' June 19, 1996 Page 10 provide a list ef veWeles, tfailer-s, Bebea4s, end leaders, or- sknailar- e"ipmeat that is No other contractors equipment shall be stored on the property. 10. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landscaping plan for staff review prior to consideration by the City Council. 11. Unused palle4s and equipment leeated along the 13 i4h pr-epeAy line shall be removed the site No outside storage of equipment and materials unrelated to the nursery ' business shall be permitted. t equipment 12. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of and materials is in these buildings. permitted 13. , No grading of the property shall be permitted unless a grading permit is obtained from the City. ' 14. The applicant shall work with MnDOT in examining the possibility of relocating the access point on TH 212 further to the west and providing a deceleration lane along ' westbound TH 212 in conjunction with the Highway 212 improvements." ATTACHMENTS 1. Planning Commission minutes dated June 19, 1996 2. Application 3. Exhibit A 4. Public hearing notice and property owners list 5. TH 101 and TH 212 traffic improvements ' 6. Site plan Planning Commission Meeting - June 19, 1996 ' PUBLIC HEARING: I REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY AND VARIANCES TO THE SETBACK REOUIREMENTS ON PROPERTY ZONED A2 AND LOCATED AT THE , NORTHWEST CORNER OF TH 101 AND TH 212, SKIP COOK. Public Present: Name Address Skip and Teri Cook 15506 Village Woods Drive , Harold Hesse 1425 Bluff Creek Drive Kate Aanenson resented the staff report on this item. P Mancino: Any questions? I have one. On the recommendation number 8. On page 9. It ' says stop signs shall be erected at the intersection of the driveways and Highway 101 and 212. Oh, I see what that means. ' Aanenson: Just kind of a queuing. Just so people understand that they're coming out onto a collector street. Mancino: So that is as they leave. Number 11, unused pallets and equipment located along the north property line shall be removed from the site. Equipment can be put in storage can't it? Aanenson: Well that was kind of, there is two storage buildings that some of the equipment, ' that there seemed to be some excess debris so I guess that's what we're saying. We want a list so we can see how it's expanding. A list that we believe that there's a threshold of equipment that can be stored on the site and we want to see more specifically. That was left ' off of the application. Mancino: And on 14, the deceleration lane. Who pays for that? , Hempel: Madam Chair, maybe I can address that. That's typically something for the applicant to work out with MnDot. As part of the upgrade of 212, there will be some ' widening in that and maybe some slight modifications done to the turn lanes or the expansion down there to provide a deceleration lane for the site. - Mancino: But that is between the applicant and MnDot. I mean we, as a city, aren't saying you have to put in a deceleration lane. ' 26 I Planning Commission Meeting - June 19, 1996 ' Hempel: That's correct. Because we don't have the jurisdiction on that highway but that would be MnDot. Aanenson: Yeah, and we did speak to someone from MnDot and they do want to work with the applicant and review their plans and give them approval so that is one of the conditions. ' They have to get MnDot approval. And because a signal is going in, as Dave indicated, there might be some modifications that affect access and they should work to get their approval. ' Mancino: And they would have to do that regardless of the expansion and what's going in there right now? ' Aanenson: Correct. Mancino: I mean MnDot would come to them and say, okay. Thank you. Any other questions? ' Peterson: Just a general question and the applicant, if they're here to respond to but I'm asking staff. Some of these things are financially onerous to some degree. Is this an issue that you've discussed with them or not? As far as like the acceleration lane and some of the other points that's going to cost them some money to get it done. Aanenson: Correct. I think some of the deceleration may be accomplished. Some of that ' may be accomplished with the signal going in at 212. If you look on the back, I believe some of that may. It may be as simple as just eliminating and forcing all the traffic to come out at TH 101. That might solve the problem because now with the light, you're going to have traffic stacking so it might be just easier to come out on TH 101 anyway where you have a controlled access point. We believe because they're in the landscape business, there is stock material that they can be using. Even if it's ball and burlap along TH 101 to provide that screening. Again because it is temporary, you're right. It is hard to do some of those improvements but we believe that some of that can be accomplished, just through careful design consideration of where they're storing things and how they're screening them to look. ' Again, there's concern that because this is the southern end of the city, we tend to look the other way and we are concerned about the visibility and entrance to the city. ' Mancino: Thank you. Is the applicant here and do they wish to address the Planning Commission? Skip Cook: Yes. Mancino: Thank you. 27 Planning Commission Meeting - June 19, 1996 ' Skip Cook: With a grandfather clause. ' 28 , ' Skip Cook: My name is Skip Cook. I own the property that we're talking about. On the corner of Highway 101 and 212. I don't know how many of you are familiar with the area, exactly where it sits but it's on the northwest corner. The current, I own the property and just ' to make clarify because I own the property. I lease the property, okay. I'm coming to the end with the lease agreement of 4, a minimum 4 year lease with Wilsons Nursery who has a wholesale business in the city of Chanhassen, operating out of my place... They ran into some problems with management or whatever so now they're sub - leasing it to Henning. Dick Henning... so he's the one currently running it. When I first got the letter, I believe it was from John Rask and it was to the effect that I was in violation of something so immediately , when you're in violation of something, I mean if you're speeding down the road, you're going to stop and talk to the officer or whatever or go through the ... so the first thing, I didn't go directly to City Hall. I did it through an attorney who I believe you're familiar with Kate. ' Craig Mertz. And so he went, the list I was given to prepare is I was totally unprepared or I didn't know where to start ... I thought he could do it quicker ... so he got that together. What I, after further studying and looking at the letter that ... staff report that was dated the 19th. In the second paragraph, if you look, this is just my conclusion and maybe you can... At the beginning of the second paragraph. ' Mancino: Excuse me. What page are you on? Skip Cook: Page number 2. Second paragraph. The subject property has been used as a farmers market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in 1972. So you'll have to correct me but in my thinking, leasing it to someone, the whole , property is the garden center and a retail nursery. I have not added a building. The two buildings that Kate talk about are there. They're used for nothing other than storage. There are no retail sales that occur out of there or ... to a nursery or any other business. There has ' been no land added to this property since as far as I know, since the nursery, garden center was opened. 10.9 acres, roughly more or less. As far as on page 3, and these are kind of questions that I've been putting out to you too. As far as illegally expanding, on page 3, the first paragraph after number 5. The land area to the west of the building which is currently used for storage of nursery stock was illegally expanded. I don't quite follow that. How it was illegally expanded when I didn't go through a land ... trees are agriculture and they're ' regulated by the Department of Agriculture. The deal has always been an agriculture. I don't know how, if it was ... than agriculturally permitted ... I guess that's a question. And I'm probably... ' Aanenson: No, that's fine. If I may, I'd be happy to answer that. It is a non - conforming use. It's a retail on an agricultural A2 property. We did make an amendment. �^ Skip Cook: With a grandfather clause. ' 28 , Planning Commission Meeting - June 19, 1996 ' Aanenson: Well, you have grandfather rights which means ou cannot expand an of the Y p Y retail component. Okay, there's now the contractor's yard kind of component has expanded. You can display rocks. They're selling mulch. Dirt. Those sort of things. That has expanded. Okay. So if it was being continued to use in the way it was, they have the right to that, which is the original building and selling flowers. Are trees being grown on the site? Yes. Are trees being brought in? Yes. That's where it kind of falls into some of the gray area. But it has expanded as far as things that are being done on the property, and that's part of the ' documentation that we went through. If you look on this part of the report, and this is what we spoke to your attorney about too. ' Skip Cook: But the original, part of the deal, all of that was used and under till for years ... so that goes along with the project. There has been no property added to that. Now the trees, when they're in the field as far as the retail displaying those, from my point of view, and ' maybe I'm sounding a little bit ... those trees are growing. If you put a tree in any of your yards, you can't tell me that that tree isn't going to grow. Whether it's in a pot sitting on your front step or it's in the ground. And that's when something is regulated by the Department of ' Agriculture, and you have an existing report from 1972 you know annexation or whatever it is of that area into Chanhassen, that I noted in that second paragraph, it's almost a given that that's. Mancino: Skip, I don't think we're going to get this, that part of it solved tonight. Do you have any problems with the recommendations that are proposed? Skip Cook: Yeah, I was very happy I guess, I'm not sure... Many of the things on that list I have, it scares me like you first brought up Nancy and then Craig, on the cost. It's not a get rich quick operation down there we're leasing it out... Mancino: Have you had time to go over with John or Kate these recommendations and ' discuss them with them? That might be what's in order. Instead of doing it right now, why don't we table this and give you time to confer with staff and question or ask about any of the recommendations. ' Skip Cook: Oka I'm under the idea I'm not running this ' Y g t s but I m under the idea that the ' tenant is not expanding it. It's being used for the nursery and for the... Aanenson: We've explained this to his attorney. I think his attorney understands the issue. ' It has expanded. It's our opinion that it expanded. Like I say, I believe we put a condition in here that based on the type of use, temporary, that meets the city's objections that are not too onerous on the applicant. 29 Planning Commission Meeting - June 19, 1996 ' Skip Cook: Things just seem, on the list for example and the MnDot thing I guess, we said ' that was all... How about the berming, the permanent landscaping along Highway 101 and then further back to 212. I don't understand why we would screen trees. ' Aanenson: Well that's what I just said earlier. I said if you have trees on stock, if you could just move some of those trees around. ' Skip Cook: So 212, when you put in there earlier that I would need screening of 212. I don't ' need that? Because there's trees planted right in the ground in a neat rows all the way in the front of 212 and there's a... Aanenson: And then remove some of the rocks that are stored in the front. Right adjacent. , There are pallets of bricks. Decorative block and brick. They're right along the property line. Skip Cook: That are in, that actually are in front of the building? , Aanenson: Correct. , Skip Cook: But that was, that's given in your letter that that's okay to store things... not stored for retail. 1 Mancino: But it still needs to be streetscaped first. Between what you store and display, there needs to be some sort of greenery. , Skip Cook: You mean the parking lot in front of the building...? Mancino: On the street. ' Skip Cook: It's been that way, it's been that way for a long time... I Mancino: Yes, that's what she's saying, to change it. Ski p Cook: Well Y m supposed you tell me what I' to do. I guess I was happy to see the thing ' in the packet all of these attachments... If the use, it hasn't changed that much. Okay, I I guess ... you direct me where to go at this point and... Aanenson: Well, we've been through this before with changing ... on some others so I think, if ' we can work with these issues. If you're comfortable with them, if the Planning Commission's comfortable, we can certainly work through the issues. 30 , L Planning Commission Meeting - June 19, 1996 Skip Cook: As far as TH 101 ... in my favor, and the ... you were talking about the storage with the neighbor to the north. That's all, it should be... Mancino: Well I think it'd be good to, after this is over, to have staff and you meet to go over the recommendations and make any changes that are necessary before it goes to City Council. Okay. Any questions for the applicant at this point? Okay. May I have a motion to open this for a public hearing please? Faimakes moved, Mehl seconded to open the public hewing. The public healing was opened. Mancino: This is open for a public hearing. Anyone wishing to address the Planning Commission, please come forward. Harold Hesse: Yeah, I'm Harold Hesse and I have land just adjacent to Skip and he's been a good neighbor and I just want to...I think it would be fair to him in the end. It just looked very difficult with all the things we're asking... and I don't understand them anyway, so thank you. Mancino: Thank you. Anyone else? Seeing none, may I have a motion to close the public hearing? Joyce moved, Fwmakes seconded to close the public herring. The public hewing was closed. Mancino: Comments from commissioners. Ladd please. Conrad: Most of the conditions seem to be fairly reasonable to me, and I guess I don't have anything to say. I think they're just appropriate. They're conditions, if you want to run a retail operation, you probably should be doing some of these things and again, maybe somebody can educate me if they see an expense here that's out of line. I know it's not a high revenue generating corner right now but on the other hand, I think there are a couple standards and some of these are standards that we, well these are all standards we apply to everybody in Chan. Everybody so, I'm not looking for comments right now but I guess from the Planning Commissioners, if they see, I'd be interested if they see an excessive expense that's unreasonable, I think we should deal with that but other than that, again I don't think this is should be a penalty situation but bringing something up to a certain level of standard and I think Kate was right when we say we tend to forget about the south side of Chanhassen in terms of what we want it to look like. Mancino: Any discussion on the variance to the setback? Do you feel comfortable with that? 31 Planning Commission Meeting - June 19, 1996 ' Conrad: I don't think, I don't know Madam Chair. I Mancino: Okay. Craig. Any comments? ' Peterson: My only concern is whether or not the costs were prohibitive and as the, the one that really bothered me was MnDot. I think that's been discussed so I think we already have ' set the precedent. We do have a nursery that was here not too long ago when we went through very similar issues that we've already set the tone for what we need and what we , want in Chanhassen so I concur with the staff comments. Mancino: Kevin. I Joyce: Not much more to add. I will side with Kate. I was out at the property today and there are a lot of bricks and stuff right in front of his building that, that I feel is the front of the building and I think it should be cleaned up. I mean that's my opinion of it. If it's ' cleaned up, I don't have any problem with any of this stuff so that's kind of.. Mancino: Thank you. Jeff. ' Farmakes: Nothing to add. I Mehl: I have nothing to add. Mancino: I don't either. I am okay. Well this is one question. Kate, the variance for the ' setbacks to be 50 feet instead of 300 feet from the adjacent property. Aanenson: Right. When we put together this ordinance, we really, we looked at what we ' had in place right now for wholesale nurseries. We said 500 feet. Because this is a non- conforming situation, it's very onerous to put that same criteria on there so that's what the , setback is now. So really what we're kind of doing is just giving that as a blanket... we felt was appropriate. Mancino: Thank ou. With that, may I entertain a motion. ' Y Joyce: I'll try it. I'll make a motion the Planning Commission recommends that the City , Council approve the interim use permit #96 -2 for a wholesale and retail nursery, and a variance from the 300 foot setback requirement for a residence based on the findings presented in the staff report and site plan dated June 10, 1996, and subject to conditions 1 , through 14 32 ' F1 Planning Commission Meeting - June 19, 1996 Mancino: Is there a second? Farmakes: Second. ' Mancino: Any discussion please? Conrad: What were we doing with, what's was staffs comment on 14? Were we eliminating ' that? Mancino: No, we were keeping it and just making sure that the applicant works with MnDot. ' I mean it is not the city's responsibility to decide about the deceleration lane. Aanenson: I guess we also said, if it was too onerous, you always have the option of just using the access for TH 101 ... which may be a safer situation. Mancino: So let's say we're not making it further west, understand. ' Aanenson: If you want it further west, it's going to be... ' Conrad: I think staff also asked to put this property on an annual review basis. Under point number 6. Mancino: Would you accept this friendly amendment to number 6? Joyce: Yes I will. Mancino: Any other discussion? Can we read through number 6 so Mr. Cook... Aanenson: Sure. The use shall terminate one year following the availability of public sewer and water and then we would add, in addition, an annual review shall be made to show compliance with conditions of approval. ' Mancino: Thank Y ou. ' Joyce moved, Farmakes seconded that the Planning Commission recommends that the City Council approve the interim use permit for a wholesale and retail nursery, and a variance ' from the 300 foot setback requirement from a residence based on the findings presented in the staff report and site plan dated June 10, 1996 (pr>rpared by Dick Henning Enterprise), and subject to the following conditions: ' 33 Planning Commission Meeting - June 19, 1996 ' 1. Area 4 as shown on the site plan shall not be used for the storage of equipment, ' materials or vehicles. Storage or display of nursery stock is permitted in Area 4. 2. A fifty foot setback shall be maintained from all property lines for the storage of ' materials, growing ranges, and parking, except that the existing parking area and display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may , continue to be used for these purposes. No materials or displays shall be placed within the right -of -way or obstruct the view of the traveling public. 3 Hours of o peration shall be from 7:00 a.m. to 9:00 .m. Monday through Friday, and ' • P p � Y g Y� 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. ' 4. Exterior light sources shall be shielded. 5. No outside speaker system shall be allowed. ' 6. The use shall terminate one year following the availability of public sewer and water service. In addition, an annual review will be conducted to determine compliance with ' the conditions of approval. 7. Signage shall comply with city ordinances. 8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and ' 212. 9. No contractors equipment shall be stored on the site with the exception of equipment ' necessary for the operation of the nursery. The applicant shall provide a list of vehicles, trailers, Bobcats, end loaders, or similar equipment that is proposed to be used and stored on the site prior to consideration by the City Council. 10. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landscaping plan for staff review prior to consideration by the City Council. ' 11. Unused pallets and equipment located along the north property line shall be removed from the site. ' 12. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of equipment and materials is permitted in these buildings. 'r I Planning Commission Meeting - June 19, 1996 13. The applicant shall submit a detailed grading, drainage and erosion control plan for review and approval by the city engineer. 14. The applicant shall work with MnDot to relocate the access point on TH 212 further to the west. A deceleration lane should also be installed along westbound TH 212. All voted in favor and the motion carried. PUBLIC HEARING: REQUEST FOR SITE PLAN APPROVAL FOR THREE BUILDINGS IN A 26,600 SQUARE FOOT COMMERCIAL DEVELOPMENT ON 3.4 ACRES AND A CONDITIONAL USE PERMIT TO ALLOW MORE THAN ONE PRINCIPAL BUILDING ON A LOT, ON PROPERTY ZONED BG, GENERAL BUSINESS DISTRICT AND LOCATED ON THE NORTHEAST CORNER OF POWERS BLVD. AND WEST 78TH STREET, LOTS 1 AND 2, WEST VILLAGE HEIGHTS 2ND ADDITION, WEST VILLAGE CENTER, PHASE II, T.F. JAMES COMPANY. Due to a faulty tape, the staff presentation, the applicant's presentation and some of the commission's discussion was not recorded. Taping begins again at this point in the commission discussion. Conrad: I really don't have any questions Madam Chair. Mancino: So you're okay with the ... on the west side. When you drive up and park right here, this is what you're going to see. When you drive up to Building A and parking in the parking spaces right here. Conrad: Yeah. Mancino: And you were talking about the ... Are there any plantings? There are two trees right here. There's not a lot of foundation plantings around the buildings, correct? There's more of the perimeter. ' Charlie James: One thing that I want to point out here, and maybe it's because most of them are dead but this drawing does not take into account the boulevard trees that the city has. I've got a little bit... In this area here, there is plantings ... I know that there are some evergreens ' here, in this area. They're looking at little peaked right now but we didn't show those on our drawings. This is part of the city boulevard thing so these are in addition... Foundation plantings. Well. ' 35 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Skip Cook ADDRESS: 15506 Village Wood Drive Eden Prairie, MN 55347 TELEPHONE (Day time) 750-5887 (mobile ) OWNER: Skip Cook ADDRESS: 15506 Village Wood Drive Eden Prairie, MN 55347 TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW /Easements x 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/Attomey Cost" ($50 CUP /SPRNACNAR/WAP /Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ 400.00 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'/i' X 11" reduced copy of transparency for 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. Ij I PROJECT NAME Nursery LOCATION Northwest Corner of MSTH 101/ U.S. 212 Intersect ' LEGAL DESCRIPTION Part of EZ of NE4 of Sec. 35, T116, R23 TOTAL ACREAGE 10.9 ' WETLANDS PRESENT YES X NO PRESENTZONING A-2 ' REQUESTED ZONING A- 2 PRESENT LAND USE DESIGNATION A-2 ' REQUESTED LAND USE DESIGNATION A-2; Interim Use Permit; Nursery ' REASON FOR THIS REQUEST See Exhibit A attached 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 Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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 be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review Application Received on o Fee Paid LIA TV © Receipt No. 66 3� The 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 mailed to the applicant's address. EXHIBIT A I Introduction: The Cook site has been used as a farmers' market and retail nursery ' operation since before the adoption of the Chanhassen City Zoning Ordinance in 1972. As the applicant for an interim use permit I am seeking a permit which allows the retail and wholesale sale of plants grown on the site as well as plants imported onto the site. This would also include ' greenhouse facilities. In conjunction with the plant sales, I will be selling accessory items directly related to the care and maintenance of the plant materials, including but not limited to , seeds fertilizers, pesticides, herbicides, pots, mulches, potting soils, landscaping fabrics, materials, landscaping aggregates, garden stakes, trellis materials, and other gardening materials. ' Location: A location map is attached. Ownership: A copy of my certificate of real estate value is attached as evidence of ' ownership. Site Plan: I propose to use the site as it is used today, with use of the retail building for ' retail sales, use of the areas to the south and east of the retail building as a display area for plant materials and for customer parking. The balance of the site (ie, the land west of the retail building) would be used as a growing range for a variety of typical Minnesota vegitables, trees, ' shrubs, and conifers, some of which would be planted in the ground and some of which would be transported onto the site seasonally and maintained on the site in pots or heeled in (balled and ' burlaped).. For water conservation purposes an irrigation system would ultimately be installed for the growing range. No grade changes are proposed. ' Compliance issues: A. The use presents no known public health, safety, or welfare concerns. B. The use would consistent with agricultural and residential nature of the area. ' C. No changes are proposed for the general appearance of the site. D. The nursery use would not be hazardous or disturbing to other neighborhood uses. E. The property is served by a dumpster service. No additional public services are being ' requested. The property is served by an existing well and septic system. F. No additional public facilities are being requested. G. The use presents no traffic, noise, smoke, fumes, glare, odor, rodent, or trash concerns. ' H. Vehicular access would be from both 101 and 212. No changes are proposed. I. The use will not distroy solar access, natural features, scenic features, or historical features. , J. The growing range should be aesthetically pleasing and compatible with the area. K. The use will not depreciate surrounding land values. Ordinance 248 Standards: 1. The site is on collector streets. 2. The site exceeds 5 acres. ' 3. The 50 foot setback will not be maintained on the south and east sides of the retail building. However use of these areas for parking and retail display areas predate the zoning area. 4. No buffering is proposed as to adjacent properties. ' 1 1 S. Hours of operation proposed are 7:00 am to 9:00 pm. 6. Exterior light sources would be shielded. 7. No outside speaker system is proposed. 8. As a termination date for the permit I propose the second anniversary of curbside availability of public sewer and water service. 9. Signage would be as allowed by city ordinances. FROM CITY OF CHANHASSEN 1 mo d► ; ; j s .I r .. f .• I 1 's c 4. fit^ ti i� ` I 04.24. 1996 1 4 EU P. 4 ' �1c NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Wednesday, JUNE 19,1996 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive Project: Interim Use I for a Nursery Developer: Location: Skip Cook NE Corner of TH 101/212 Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Skip Cook, is requesting an Interim Use Permit for a nursery and variances to the setback requirements on property zoned A2 and located at the northwest corner of TH 101 and TH 212. 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 over view 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. c Questions or 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 John at 937 -1900, ext. 117. 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 June 6, 1996. Q �� Harold Hesse UBA Partnership Skip Cook , 1425 Bluff Creek Drive. 7900 1st Ave. S. 15506 Village Woods Drive Chaska, MN 55318 Bloomington, MN 55420 Eden Prairie, MN 55347 State of Minnesota John & Delores Malzahn Riley Purgatory Bluff Creek Watershed Dept. of Transportation 10551 Great Plains Blvd. c /o. Ray Haik ' Metro Square Blvd. Chaska, MN 55318 222 South 9th Street, #3300 Minneapolis, MN 55402 St. Paul, MN 55101 1 Patrick Blood & Nancy Lee William & Marsha Jo Harder L. Richard & Karen Dee 718 3rd Ave. W. 1025 Hesse Farm Road 1201 Hesse Farm Circle Shakopee, MN 55379 Chaska, MN 55318 Chaska, MN 55318 ' ' Roger & Betty O'Shaughnessy John & Barbara Force Lois Riesgraf 1000 Hesse Farm Road 1001 Hesse Farm Road 720 Vogelsberg Trail Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318 ' James & Cheryl Sulerud Debra Wendorf Allen Rothe ' 730 Vogelsberg Trail 740 Vogelsberg Trail 750 Vogelsberg Trail Chaska, MN 55317 Chaska, MN 55318 Chaska, MN 55318 1 1 1 1 tCTIO LINES ARE PRELIMINARY + SUBJECT SITE 24.38 13.24 n Q R 14. Z TH 212 n /R;.ain RICN7 OF ry 2i V FKM E t I 1 :tat i i I_ � w 3.6 w LAWES — O T I� � 1 s TAM TO 2ft^ E DOWEVn. t�l Se toe NOTE: FOR SIGNAL INFORMATION CONTACT METRO SIGNAL• DESIGNER 1 1