8. City Code Amendment: Land Nurseries/Garden Centers.n
MEMORANDUM
CITY OF W
CHANHASSEN
690 COULTER DRIVE 9 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: John Rask, Planner I
DATE: January 17, 1996
SUBJECT: Proposed Text Amendment to the
District
ActW by CIN Aft MIRK".
Endorsed ✓ ��
Agricultural Estate Zoning
I SUMMARY
Mr. Don Halla, Halla Nursery, requested a text amendriment to allow landscape nurseries as a
permitted use in the A -2 Zoning District The Planning Commission held public hearings to
review the proposed ordinance amendme4 on November �i 1995, November 15, 1995, and
January 3, 1996. The Planning Commission tabled this item several times to receive additional
information on the impacts of permitting retail nurseries as permitted uses, conditional uses, and
interim uses (see memo to Planning Commission dated Nov nber 8, 1995). This item was
tabled a second time to further refine the conditions for an interim use permit. On January 3,
1996, the Planning Commission denied Mr. Halla's request, but, approved an ordinance
amendment that would allow retail nurseries.as an Interun Use in the A -2 District. Currently,
retail nurseries are „nrohibiited,in the A 2 district—
Following
Following the January 3,1996, Planning Commission meeting, Mr. Halla indicated to staff that
he was not interested in obtaining an iiiterim use permit ,and wuld
oik % ��o`withdraw his
application. Staff is of the opinion that the atendment, as approved by the Planning
Commission, is appropriate and will provide options for existing nurseries who may wish to
modify or expand their current operation. The`a :* nance amendment would also permit
additional nurseries in the A -2 district subject to the conditions and standards set forth in an
' interim use permit. Staff recommends that the City Council approve the ordinance amendment
as outlined in the staff report.
Don Ashworth
January 17, 1996
Page 2
BACKGROUND
The zoning ordinance currently prohibits all retail uses in the A -2 district, including retail
nurseries and garden centers. Wholesale nurseries are currently allowed as an interim use in the
district. Existing retail nurseries are operating as non - conforming uses or have expanded
illegally. Recognizing these pre- existing situations, staff recommended an ordinance revision
that allows retail nurseries to exist and expand provided that the operation complies with
established standards set forth in an interim use permit. Staff is of the opinion that permitting
retail nurseries as an interim use would allow the option of converting the property to a use
consistent with the comprehensive plan. Allowing retail nurseries or garden centers as a
permitted or conditional use would give permanency to the use.
In 1989, the City Council requested an ordinance amendment to create interim uses in various
zoning districts. The purpose of the ordinance amendment was to give the city flexibility to
accommodate and regulate uses that may otherwise be prohibited, but which would not pose any
real problems if allowed on a temporary basis. In February 1990, upon a favorable
recommendation from staff and the Planning Commission, the City Council approved an
ordinance amendment creating interim uses in various zoning districts. As a result of the
ordinance amendment, Wholesale Nurseries were changed from a conditional use to an interim
use.
The Intent Statement, as adopted by Council, reads as follows, "The intent of allowing interim
uses is (1) to allow a use for a brief period of time until a permanent location is obtained or while
the permanent location is under construction, and (2) to allow a use that is presently acceptable
but that, with anticipated development will not be acceptable in the future."
Land uses to be classified as Interim Uses were to be based on the following criteria:
1. The date or event that will terminate the use can be identified with certainty to avoid the
creation of defacto nonconforming uses.
2. The character of the use should be such that it does not adversely impact adjacent parcels that
have already been developed in a manner consistent with the ordinance and comprehensive
plan.
3. The use should be such that it would not inhibit the future development of adjacent parcels in
a manner consistent with the ordinance or comprehensive plan.
4. The use should not require significant capital outlay or result in site modifications that would
lead to uses that are inconsistent with the district or comprehensive plan.
F,
C
Don Ashworth
' January 17, 1996
Page 3
ANALYSIS
When considering zoning ordinance text amendments, one must consider the comprehensive
' impacts on all properties affected by the amendment. Any amendments to the A -2 District will
not only affect existing nurseries, but all property zoned A -2, and those properties located near an
A -2 District.
C
7
7
The current permitted uses in the A -2 district are either residential in nature or are uses which
require a large land area, such as: agriculture, arboretums, parks, etc. These uses do not generate
a significant amount of traffic or require a large investment in buildings or other improvements.
The A -2 District may be better described as a "holding zone" or "open zone" because the
majority of property in this district is guided for further development. A "retail" oriented nursery
or garden center may not be compatible with the existing permitted uses in the A -2 zoning
district. However, there may be certain A -2 zoned areas which are suitable for garden centers or
nurseries.
Property currently used for nurseries or similar uses may be suitable for use as a garden center or
retail nursery. If allowed in the A -2 district, retail nurseries or garden centers would be more
compatible with the current interim uses in the A -2 District. Structures such as greenhouses,
outdoor displays, and nursery areas are for the most part temporary structures or uses. Allowing
additional permanent structures would only increase the likelihood that the property would
remain in retail use. By permitting retail nurseries as an interim use, conditions can be placed on
the permit to mitigate any negative impacts on adjacent properties and to ensure that the property
will someday comply with the comprehensive plan. Constructing permanent retail buildings
makes it difficult to redevelop the property into other appropriate uses. Staff is also concerned
that if permanent buildings are constructed for retail nursery purposes, these buildings may be
converted to another retail use if the property is vacated by the nursery.
Interim uses include those uses which are allowed within a zoning district for a limited amount
of time. The temporary use is permitted until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it. Interim uses are reviewed and
conditions added to mitigate any negative impacts on adjacent properties, such as: increased
traffic, noise, drainage, and requirements for public facilities and services. As mentioned above,
A -2 Districts are often located near existing or future residential or industrial properties. These
properties serve as a "holding" or "open" zone until such time as the property is further
developed. If garden centers or retail nurseries are to be permitted in the A -2 District, it would
be appropriate to permit them as an interim use.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
Don Ashworth
January 17, 1996
Page 4
"The City Council approves amendments to Sections 20- 576(7), 20 -1, and 20 -257 to permit both
wholesale and retail nurseries in the A -2 District as an Interim Use, as outlined in the staff report
dated November 27, 1995."
More specifically, the amendments shall read as follows:
Amend Section 20 -1 to read:
Nursery is defined as, "An enterprise which conducts the retail and wholesale sale of plants
grown on the site or imported to the site, as well as accessory items directly related to their care
and maintenance. Accessory items may include fertilizer, potting soil, garden tools, seed,
pesticides, pots, and other gardening supplies. The retail sale of hardware, paint, pet supplies,
power equipment, and farm implements shall be prohibited. Nursery may include greenhouses."
Retail Sales is defined as, "Establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the
sale of such goods."
Amend Section 20 -257 to read:
Intent Statement. 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 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.
The following conditions will apply to wholesale and retail nurseries:
1. The site must be on a collector or minor arterial as identified in the comprehensive plan.
2. The minimum lot size is five acres.
3. All storage and yard areas as wells 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, which ever is greater.
1
f
I
Don Ashworth
January 17, 1996
Page 5
'
4.
All outdoor storage areas must be buffered from adjacent properties. Buffering may be
1.
Letter to Mr. Don Halla dated January 11 1996
accomplished using berms, fencing, landscaping, natural topography, or increased setbacks.
2.
3.
Planning Commission minutes dated January 3, 1996
Map of existing wholesale or retail nursery sales
The City Council may require storage areas to be completely screened by one hundred (100)
'
Map of A -2 zoned property
percent opaque fencing or berming.
5.
6.
5.
Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The City Council may further
'
to Planning Commission dated October 25, 1995
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the Comprehensive Plan.
'
6.
Light sources shall be shielded.
7.
No outside speaker systems 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 permit it. Prior to the permit expiring, the applicant may request an extension to
the interim use permit by submitting a new application. The renewal application will be
'
subject to all city ordinances including any new ordinances enacted after the original
approval.
' 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
' adjacent to property guided residential as identified in the Comprehensive Plan."
'
ATTACHMENTS
1.
Letter to Mr. Don Halla dated January 11 1996
2.
3.
Planning Commission minutes dated January 3, 1996
Map of existing wholesale or retail nursery sales
4.
Map of A -2 zoned property
'
5.
6.
Memorandum to Planning Commission dated November 8, 1995
Memorandum
to Planning Commission dated October 25, 1995
January 11, 1996
CITY OF
T IT , il�� I T
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Don Halla
Halla Nursery Inc.
10000 Great Plains Blvd.
Chaska, MN 55318
Dear Mr. Halla:
As you are aware, the Planning Commission denied your request to make landscape/retail
nurseries a permitted use in the A -2 District.' The Commission recommended approval of
an ordinance amendment allowing retail nurseries as an interim use in the A -2 district.
Following the meeting, you indicated to staff that you were not interested in obtaining an
interim use and would like to withdraw your application. Staff believes that the
ordinance is appropriate and may be beneficial to other nurseries located within the city.
Therefore, staff has scheduled the ordinance amendment for the January 22, 1996 City
Council meeting.
The ordinance as approved by the Planning Commission would apply to all A -2 zoned
property. The City cannot force anyone to apply for an interim use permit. However, the
ordinance provides options for existing landscape nurseries to modify and possibly
expand their current operations, as well as allow new landscape nurseries.
If you have any questions or would like to provide further input regarding the proposed
ordinance, please feel free to contact staff or attend the City Council meeting on January
22, 1996.
Sincerely,,
John Rask
Planner I
1
u
� 1 1
u
Planning Commission Meeting - January 3, 1996
AN AMENDMENT TO THE CITY CODE FOR LANDSCAPE NURSERIES AND
GARDEN CENTERS IN THE A2, AGRICULTURAL ESTATE DISTRICT
Public Present:
Name Address
Don Halla
Mark & Kay Halla
6601 Mohawk Trail
770 Creekwood
John Rask presented the staff repoit on this item.
Farmakes: Any questions?
Mehl: I've got a couple of questions. Or maybe it's just is one. Confirmation... to verify
some things in my own mind. Interim use would allow them to expand their business or
increase their sales with merchandise that is permitted under wholesale retail nurseries, is that
right?
Rask: Yeah. They'd have to come back through the interim use permit process and apply for
that.
Mehl: Okay. And would it then, I assume that interim use would also allow them to
construct either a temporary or maybe even a permanent greenhouse type structure...
Rask: Correct. Again, we'd go through the process. We'd look at the standards and the
conditions that would go along with it and if they met the conditions, and the timeframe we
would.
Mehl: ...retail activities out of that.
Rask: Correct.
Mehl: The determination here for, on the interim use, who determines what that time frame
is, if it is a time frame? It may be an event such as moving the MUSA line, that sort of
thing. Who determines what that is? Is it something that's discussed with the applicant? Is
it something that is negotiated with them and mutually agreed to by both parties, or is it a
forced issue or what?
37
Planning Commission Meeting - January 3, 1996
Rask: It ultimately will be set by the City Council upon recommendation from the staff and
Planning Commission. And comments from the applicant. I don't know if we would come to
agreeance on a date but it certainly would be something we'd try to work with the applicant
on to find a suitable timeframe in which to terminate the use.
Mehl: Okay, thanks.
Farmakes: Is that it?
Mehl: That's all.
Farmakes: Alright, thank you. Does the applicant wish to make any comments? Come up
to the podium. State your name and address.
Mark Halla: Hi. I'm Mark Halla. I live at.770 Creekwood, Chanhassen. In reading the
staffs memorandum dated November 29, 1995 I have the following comments. Staff has
plainly stated that Halla Nursery is a non - conforming use. They also have stated ... non-
conforming uses, Section 20- ...states that, and I quote... elimination of non - conforming uses,
lots and structures or a use that impacts on adjacent properties. Halla Nursery is not
interested in eliminating or having eliminated our business. We come before you in hopes of
legalizing our business... staff made Halla Nursery a non - conforming use when they adopted
their new code in approximately 1990. In changing their code, thus making us illegal without
so much informing us, much less inviting our input. We think they made a mistaken when
they adopted that code and we're simply trying to correct a mistake. Staff has recommended
Halla Nursery be allowed to legally exist only under an interim use permit. They say that all
interim use permits must have termination dates. It's frustrating for me to hear this from staff.
We're operating a third generation, 53 year old business. Does anybody really believe it's fair
for the city to put an end date to that business? I have no interest in becoming an interim
use. Halla Nursery is and will remain a permanent business for the city of Chanhassen until
such time as it's shareholders decide otherwise. We're not interested in becoming an interim
use. During our previous discussions Halla Nursery has proposed correcting staffs mistake
on ... A2, Agricultural Estate district allowable uses to include... what I think the amendment
should be. All retail nurseries and garden centers currently operating within the city of
Chanhassen as a part of the A2 zoning from whatever date prior to 1990. We believe this
change is the best way to help the city and Halla Nursery to resolve the zoning issue. In fact,
the amendment would make Halla Nursery an acceptable legal use rather than a non-
conforming use. Another suggestion we have is simply rezone ... BH, the business highway,
rather than the A2. This also would make Halla Nursery an accepted legal use and actually
bring the city a higher tax base. Just as we wish the city to have more flexibility in resolving
these issues, we realize we too much be flexible. We're willing to accept any ... legal accepted
38
I I
1
'
Planning ommission Meeting eetmg - January 3, 1996
use... In addition, I have some rhetorical questions for you which I think may help you realize
the ... and that by allowing those uses to continue but preventing us from doing the same is
inconsistent enforcement. The Arboretum sells retail gifts to the public. Is it consistent to
allow them to do so but try to prevent us ... Arboretum has and continues to construct
additional greenhouses. Is it consistent to allow them to do so and not allow us? Holasek
sells both retail and wholesale. Is it consistent to allow them to do so and not to allow us?
Holasek continues to construction additional greenhouses. Is it consistent to allow them but
not to allow us? Wilson's Northwest Nursery and Wholesale sells retail and wholesale, and
even offers... design and installation services from a supposedly wholesale only establishment.
Is it consistent to allow them to continue doing business that way? Yet try and force us to
stop. Prairie Market expanded their retail area. Constructed additional greenhouses, enlarged
their parking, remodeled and added to their retail building and has over half a dozen
additional signs. Is it consistent to allow them to do so and not allow us? Is the city
prepared to force all of the above business to become interim uses? Set an end to their
businesses. My point is simple... businesses in any way, shape or form are not absolutely
' consistent with ... but simply legalizing the existing retail businesses that were in operation at
the time that you changed the code. Any questions?
Farmakes: Any questions for the applicant?
Mark Halla: Thank you.
' Farmakes: Thank you. Any further comments?
' Kay Halla: Good evening. I'm Kay Halla and I live at 770 Creekwood in Chanhassen and I
just wanted to put ... my feelings. I would like to see you consider recommending... and the A2
zoning again to be consistent... I'd like to see those be permitted, allow as permitted uses and
' when I looked over the list which the staff prepared of nurseries that were, nurseries and
garden centers that were... business highway such as Lotus and ... but the two that if you
changed the zoning to allow the retail in existence prior to the zoning change, that would
really involve two ... involve Halla Nursery and possibly Holasek... I understand they definitely
have... and I know they've been around for a long time so I'm assuming that they probably
' sold retail before the zoning change also. And I think since it only involves two of these
properties, for instance if you add the interim use and retail to the existing zoning, that won't
involve a lot of properties and then you'll also have the option for nurseries that have just in
' wholesale, to add retail space and you'd be encouraging more retail that way. And I think by
just amending it the way Mark and I have suggested... and as far as the future, I would be, if a
structure is being built today, and I know that's a concern ... I know Don planned his
' development and there's only so many things you can do after you develop. And another
concern the city, or the staff had mentioned is that if the nursery, if were to sell down the
M
Planning Commission Meeting January 3, 1996 '
g rY
road and let's say we were a permitted use and we were to sell down the road, I believe we
would still have to sell to somebody who was going to have a use that was a permitted use in
A2 zoning. So we couldn't sell to somebody who wasn't permitted in A2. I believe you have
to sell to somebody who could operate legally in A2 as opposed to someone who might want '
to run a car wash or something like that. So I think if that's the way that is, that he or she...
because if we decided to sell 100 years down the road or whatever, I think it would have to
be somebody... Any questions? '
Farmakes: Any questions? Thank you.
Don Halla: Good evening gentlemen of the Planning Commission. This is a dilemma for us
'
as much as for you. I don't relish being in your shoes and I don't relish being in the shoes
that I'm in. It's a problem. We're here because I've requested a zoning change out of
,
desperation because I was being told that I couldn't put up a greenhouse so it would... code to
permit it. The Planning department says no because it's ... and that's not really true. We have
9 acres of retail area that has been retail use since the early 1970's. We sold ... take people in
'
the area and they buy trees... We're actually... developing, we thought we had an agreement
with the city that we would reduce our size and not have the conflicts and problems... By
doing subdivision that allows the retail space to actually be reduced from approximately 100
'
acres down to 12 acres. We have called the city on several occasions and asked whether we
needed a building permits to build the buildings and we were told by the building department,
no. That it was not necessary. We followed those rules. In each occasion of building or
'
adding a building... and in fact the rules and regulations that we tried to follow. Now you're
down to probably the most unpermanent structure that we're talking about, the greenhouses.
Greenhouses are not permanent structures. Other areas in the city, other people in A2, have
1
been permitted and allowed to because they're not current. They're not required. They just
go put them up. We again tried to follow the rules and we wanted to say ahead of time this
was our intention. We wanted to be able to do something. And we were told no, even
'
though you don't need a permit and so forth. That's intensifying the use. Certainly there's a
different definition on our point as to whether we feel we're protecting our crops ... our total
area from 100 acres down to... I do have a son and daughter -in -law involved in the business.
'
Third generation and a son they hope will go into that business also. We don't want to be
shut down at any given date or time ... You heard from Mark basically about the other people
that have built greenhouses and so forth ... that's all we want to do, is put up greenhouses. I
'
don't think that we're getting complaints from our neighbors around us. In fact, in doing our
subdivision we have a couple of major builders who find that they feel that the nursery in the
center of the development is very much of a big plus to them, to the community. Those
'
people being Charles Cudd Developers. Also Jyland is interested in our property. They
wanted the whole thing for development, except the retail area. They liked the area of our
nursery in the center. They felt it was a plus. So these people who build half million dollar
'
40 1
L
t
n
Planning Commission Meeting - January 3, 1996
plus homes think that it's possible, and yet we're here discussing it. Trying to come up with a
solution that works for everybody. Maybe one simple solution to our dilemma would be for...
or direction from you gentlemen to direct staff to say, let them build their greenhouses... that is
not creating any problem. I don't have a crystal ball... solution perfectly for everybody. All I
know is that we're looking to ... looking at half a dozen greenhouses right away so that we
didn't have trouble in the future. Well that's not what we want to do. We don't want to do
that. We'd be forced to do that because it says in the future that we have to stay 300 feet
back from our property line if there's houses. So if we sell the lots and they build houses, we
have a restriction and problem back there. So it is a dilemma. I don't know what is the best
solution. I hope everybody's crystal ball works and... thank you.
Farmakes: Thank you. This is a public hearing. Is there anyone else that wishes to make a
comment? Not seeing any, I'll entertain a motion to end the public hearing.
Skubic moved, Peterson seconded to close the public healing. The public healing was closed.
Farmakes: Comments from commissioners. Don.
Mehl: I was just looking through the conditions. You had talked about ... I really think the
interim use is the way to go. Sooner or later that area is going to become residential...
Farmakes: Okay, thank you. Bob.
Skubic: I appreciate the staffs position that we need to regulate and yet accommodate the
businesses. The nursery here and interim use seems to be the most legitimate way of
accomplishing that. However, if I was in business I would not like to have a termination date
set that tells me that I cannot continue business. I think it's not a very good burden to carry
around. It's my impression that that's the major point of, major issue here. And I think we
talked about the alternative conditional use and the concern there was, that there is no
termination date. However, are there not controls, conditions that can be set up that would
permit the use for nursery purposes and still enable the city to control it so that it's ... for
whatever future developments there are. There's probably a difficult task to do. I don't know
how you would construct that. You probably can't make it water tight.
Aanenson: The difference between the interim use and the conditions use is that you cannot
deny conditional use. The only thing you can do is attach conditions to mitigate that. So the
reason we had a concern with that is, you may get it in an area where it may not be an
appropriate place to put it. With the interim use you can say, it's not appropriate. That area's
' in transition. But what you're doing is again you have to go back up and because we're
talking specifically about this site, you can't just say only this property can, or this applicant
41
42 '
Planning Commission Meeting - Janua ry 3, 1996
has the right to that. It opens up for all A2. So in making it a conditional use, anybody has
the right for that use. All you can do is attach conditions to mitigate it. You can't say they
can't have it... On the interim use you may say it may be appropriate here, it may not. Or
you can say, well a shorter life here because this area seems to be turning over faster or those
sort of things. So you've kind of locked in to perpetuity in that in all A2, that they can
have... That was the concern of the staff.
Skubic: And staff is concerned that the conditions wouldn't be sufficient to find for future
development, future evolution?
Aanenson: Well you can architecturally attach conditions you just you know, those sort of
'
things. You can't say you can't go there. For the interim use permit you can say, one year
and that may be enough for someone to say, well I'm not going to invest that kind of
,
improvements in the property if I only have it for one year. And it may be in an area it may
be appropriate for 10 years, 15 years, 20 years, 30 years. But under conditional use, it's there
forever. So that person's going to put more investment and again you're looking at uses that
are probably not going to be there for the... See we can't isolate this. It has to affect all A2.
'
That's the dilemma. It affects all A2 property, which is a significant amount in the city. You
can't just make it for one person. That's, herein lies the problem. It's all A2.
'
Skubic: Thank you. I hope that some of my fellow commissioners have some wisdom on
this.
,
Farmakes: Thank you. Ladd.
'
Conrad: Well I think the good news tonight is that we should get this out of here and Y ou
can take it to the City Council. I think what staff has presented to me is probably appropriate
for Chanhassen. The interim use permit I think for A2 district is the logical thing to do. I
think the ordinance has been soften a little bit. My perspective is that it is a penalty.
Obviously it's going to be. It's going to restrict the Halla's operation but to a degree but on
the other hand I think it gives them some flexibility. The key is in the permitting process.
'
The conditional use. And that's what will be specifically for them of interest. And in regards
to that, what is the process for the interim use permit. Does that come through us?
Aanenson: Sure. They would have to make an application. There'd be a public hearing and
that's again, that's where the ... and we've raised that before and the opinion of the city attorney
if we expand. I mean to say there's a cloud over it, because it's an interim use, there's a
'
cloud now because it's non - conforming. They've admitted it's retail. It's non - conforming so
there's still a cloud over it. And we want to acknowledge the fact that there's retail and try to
legitimize it inasmuch as we can and allow them, and whatever time frame they put on and
'
42 '
Planning Commission Meeting - January 3, 1996
' they come back and everybody thinks it's been wonderful and we extend it some more,
certainly. I mean nobody wants to say that, but we do want that control that if down the road
there's problems, then it's not there for perpetuity.
' Conrad: How do I know, how does somebody who reads the ordinance Kate, know what the
process is? They come to you?
Aanenson: Yes. There is an interim use in the ordinance and I believe we've given that to
you to explain that they get an application. Go to the Planning Commission for a public
' hearing and City Council for the ultimate approval.
Conrad: Where do I find that?
' Aanenson: It's in the City Code.
Conrad: Oh, it's in the code. Okay. So any interim use has a standard form and there's a
process associated with it. Are the guidelines set?
' Aanenson: Yes.
Rask: Yes. We've proposed additional guidelines here.
' Aanenson: In the staff report.
' Rask: That would apply specifically to wholesale and retail nurseries. In addition to the
other standards that you would have.
' Aanenson: Right, and they've raised legitimate concerns. What we've brought up before.
Some of the setbacks... and I think that's where we need to apply some flexibility in this
' specific case.
Conrad: Okay these are not, what I see, that's not what I meant by guidelines. Guidelines
' would be in the permit itself. So this is the overall rule but now the guidelines come in.
Now we have the interim use permit itself and what are the guidelines to do stuff?
Aanenson: We've imposed some, as John has indicated on page 5. We tried to, and that's
why the Halla's are saying there is a couple of problems that don't fit. And we agree. Again,
because they're existing and the setbacks on some of those, they may not work. We talked
about the hours of operation. Again, there was some concern about Saturday, Sundays.
Obviously on holidays a lot of people do go out and do their landscaping.
' 43
Planning Commission Meeting - January 3, 1996
Conrad: Let me, again. My point would be, guidelines for length of interim use. Things that
I don't see on this page but are there guidelines that are necessary? Or do we just approach it
one at a time?
Aanenson: I believe on that one we felt that that's something we'll just have to look at,
depending on where it's location is.
Conrad: Anything else in that process that's not covered. You know that's not covered on
this page. And again I'm using the word guidelines. Standards might be a word.
Aanenson: Sure. This is a criteria specifically for the nursery. There is also criteria for an
interim use permit. So this would be directly, what we put in this report is specifically geared
for the nursery, retail /wholesale nursery criteria. So then there's also the criteria for interim
use permit which talks about the length of time that it'd be permitted. Compatibility. Those
sorts of things...
Conrad: Okay. Those are real important because I think if I were the Halla's, I wouldn't
want willy nilly, and you know you'd like to have some kind of support up front that directs
us in terms of how to put in some numbers. So when you fill in the blanks, how do you do it
rather than grab something from mid -air. Okay. That's all my comments.
Farmakes: Thank you. Craig.
Peterson: I'd love to be able to send this back to staff and have them come back with a
creative idea but I think we've done that about half a dozen times now so I'll refrain from
making that recommendation. I, along with everybody else, is frustrated and I have been
frustrated we can't find a real happy medium between the two parties. I think as the other
commissioners have stated, this is probably the best recommendation we can do. It doesn't
totally negatively affect the applicant and certainly... negatively affect the city in other A2
areas. I think one point that the applicant I think needs to at least be somewhat aware of, that
the interim use isn't, that at the end of the interim use, that the intent of the city is that we
have to dismantle the operation. We clearly, speaking on behalf of the city I guess, the intent
is to certainly not do that and continue the interim use as long as it's feasible for both parties.
I think that's what Ladd, you're trying to get a date out of, in many ways a date or the length
of time. At one of the last meetings we talked about the fact that it's a renewable thing. If
we set it 5 years or 10 years and we come back Kate I believe and ask for an extension, that
go on in perpetuity. So I think the risk of having a business go out, going under because of
lack of renewal is probably very low risk so with that, I'll concur with the staff
recommendation.
►„
L�
0
I�
r
�
Planning Commission Meeting - January 3, 1996
Farmakes: Okay.
Conrad: Can I make a quick point Mr. Chairman?
Farmakes: Sure.
' Conrad: My point Craig was, what you like to do is put down criteria that makes it less willy
nilly when this permit comes through. So it's like the guideline would say, renewal is
acceptable under these conditions. So right now in what we have here, you don't see any of
' that. You don't know. I don't know when renewal is acceptable and if I were somebody
coming in, you'd kind of want to know what that is, and that was my point before.
' Aanenson: Right. And what we're doing at this level right now is deciding whether or not
we want to make retail an interim use component in the A2. Then they may never come
through. But we are providing that opportunity as a mechanism for them, if they do choose
' to do that. And then we would develop the permitting process, again based on that criteria.
1
11
Conrad: Thanks.
Farmakes: My comments on this issue are, I think staffs done a good job in outlining this. I
like the intent statement. A couple of the issues specifically, the time. Some of the
definitions concern me a little bit. However, within those recommendations there are
correction capabilities within there. So if they are a problem, the City Council could act on
that. And I'm comfortable with that. The whole basis of when we were discussing this issue
is, it begins with grandfathering and then it becomes the interpretation of whether or not it's
an intensified use. We're really not set up here to legal definitions. The City Council has the
lawyer at the meeting. Certainly if they were to get into arguing definitions and intent of
ordinance and federal, state, county, municipal and so on, that's kind of out of our review.
What we kind of look at here is that, as the city grows, what kind of legal precedence are we
setting for these older businesses and what type of capabilities are we allowing them to
compete while they're there. It seems to me that this use that's proposed by the city staff is a
good one. I agree with Ladd that perhaps that needs to be defined better for the applicants
since they are running the business and are concerned whether or not it's going to be closed
down if a neighbor happens to move next door and makes it a point or so on. But I think
that the city has, as I said, has put self correction mechanisms within here and allows some
latitude for the business and allows latitude for the city to act if that becomes a problem.
That's the end of my comments. If somebody wishes to make a motion.
Peterson: I'll make a motion that the Planning Commission recommend to the City Council
to amend Sections 20- 576(7), 20 -1, and 20 -257 to permit both wholesale and retail nurseries
45
Planning Commission Meeting - January 3, 1996
in the A2 district as an interim use as outlined in the staff report dated November 27, 1995
with the amendments read as submitted in the staff report. Subject to the conditions 1 ,
through 9.
Farmakes: Is there a second?
Mehl: Second.
Peteison moved, Mehl seconded that the Planning ommission recommends that the Cit
'
g ty
Council amend Sections 20- 576(7), 20 -1, and 20 -257 to permit both wholesale and retail '
nurseries in the A -2 District as an Interim Use, as outlined in the staff report dated Novembei-
27, 1995, with the following conditions to apply to the wholesale and retail nurseries:
1. The site must be on a collector or minor arterial as identified in the comprehensive plan
2. The minimum lot size is five 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.
4. All outdoor storage areas must be buffered from adjacent properties. Buffering may be
accomplished using berms, fencing, landscaping, natural topography, or increased
setbacks. The City Council may require storage areas to be completely screened by one
hundred (100) percent opaque fencing or berming.
5. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The City Council may further '
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
6. Light sources shall be shielded. '
7. No outside speaker systems 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 permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
46 1
Planning ommission Meeting - January g g 3, 1996
i
renewal application will be subject to all city ordinances including any new ordinances
enacted after the original approval.
' 9. One wall sign not to exceed ninety (90) square feet, and one monument sign not
exceeding twenty -four (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 adjacent to property guided residential as identified in the
comprehensive plan.
' All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
A SIGN VARIANCE REQUEST FROM SECTION 20 -267, REQUUMG INDIVIDUAL
DIMENSIONAL LETTERS AND TO ALLOW A SECOND WALL MOUNTED SIGN
LOCATED AT 7901 GREAT PLAINS BLVD. , GARY BROWN.
' Farmakes: I have a conflict on this issue so I'm going to turn this over to Ladd to act as
Chairman.
John Rask presented the staff repoit on this item.
Conrad: Are there any questions of staff? Public hearing. Let the applicant come forward or
a representative. I don't see Gary here. He's a chicken huh. Where's Gary? Any other
public comments on this issue? Is there a motion to close the public hearing?
Peterson moved, Skubic seconded to close the ublic heaiin . The public h
1? g p c eanng was closed.
Conrad: Comments from the commission. I'm not going to go around. Any comments in
general on the staff report.
Mehl: I assume the reason the applicant put the, I went out there and I kind of looked at
both ends of the building and if there were, I know if there were a sign just on the north end
of the building, the only way you're going to see it is if you're southbound on Great Plains
Boulevard. If you're in the area of Highway 5 or northbound off of TH 5 onto Great Plains,
you wouldn't know that that's a car wash building unless the door opened and a dripping car
was coming out. But on the other hand it's going to be, it's probably just going to be local
people that are going to use it ... whole lot of traffic off of Highway 5. I guess I don't see a
problem with the...
Conrad: But hearing northbound, which is permitted if it's done properly.
47
1
CITY OF
CHANHASSEN
1
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 ,
MEMORANDUM
TO: Planning Commission
FROM: John Rask, Planner I
DATE: November 8, 1995
SUBJECT: Proposed Text Amendment to the A -2, Agricultural Estate District.
SUMMARY
' Planning Commission
November 8, 1995
Page 2
Staff assembled the following table to illustrate the differences between permitted uses,
' conditional uses, and interim uses:
IMPACTS OF ALLOWING RETAIL NURSERIES AND GARDEN CENTERS IN THE A -2
ZONING DISTRICT
PERMITTED USES
CONDITIONAL USES
INTERIM USES
Not all A -2 zoned property would
By classifying a use a conditional
Use is eventually terminated
'
be appropriate for retail nurseries,
use, special conditions may be
allowing the property to be
'
i.e. lack of adequate public
imposed to mitigate the adverse
converted to a use which is
'
facilities
impacts
consistent with the Comp. Plan
Retail nurseries and garden
Conditional use must be approved if
Would discourage the use of
centers are inconsistent with other
applicant meets all conditions set
permanent buildings
permitted uses in the A -2 District
forth in local ordinances and other
conditions imposed by the City
'
Council
'
May allow businesses such as,
Bachman, Franks, or other
Not all A -2 properties are
appropriate for retail nurseries or
Not all A -2 properties are
appropriate for retail nurseries
nursery and craft stores which
garden centers
or garden centers
may be in conflict with
surrounding residential or
agricultural properties.
Permanent buildings may be
constructed which may lead to
Permanent buildings may lead to
other uses if the nursery is vacated,
Encourage the use of
temporary structures or
other uses if the nursery is
e.g., auto repair, contractors
structures designed for a
vacated, i.e., auto repair,
storage /yard, misc. retail, etc.
specific use which would
contractors storage /yard, misc.
discourage conversion to an
retail, etc.
inappropriate use
'
Use would be allowed in
perpetuity
Use would be allowed in perpetuity
Use would have a termination
date
Retail nurseries or garden centers
Retail nurseries or garden centers in
By classifying a use a
in most cases would be in conflict
most cases would be in conflict with
conditional use, special
'
with the comprehensive plan, i.e.,
the comprehensive plan, i.e., corner
conditions may be imposed to
corner of Hwy. 5 and 41, which is
of Hwy. 5 and 41, which is currently
mitigate the adverse impacts
'
currently zoned A -2
zoned A -2
Planning Commission
November 8, 1995
Page 3
The City Council recently approved a temporary sales ordinance. This ordinance applies to the
business zoned districts only, i.e., BG, CBD, BF, and BE Temporary sales are allowed as an '
accessory use to a permitted or conditional use, and are limited to 60 days per calendar year.
Staff examined the possibility of allowing retail sales as a temporary use in the A -2 district. This
would allow a "wholesale" nursery to temporarily sell retail products. The impacts of this
approach are that not all A -2 properties are appropriate for retail use, the use may be inconsistent
with surrounding properties, the use must be permitted if conditions are met, and would be very
difficult to enforce. '
Staff is of the opinion that retail nurseries and garden centers are inconsistent with other uses in
the A -2 district and the comprehensive plan. Allowing garden centers or retail nurseries as a '
permitted use would encourage permanent buildings and use, and discourage the conversion of
the property to a more appropriate use consistent with the comprehensive plan. To mitigate these '
negative impacts, staff is recommending an alternative that would allow retail nurseries as an
interim use (see memo to Planning Commission dated October 25, 1995).
ATTACHMENTS
1. Memorandum to Planning Commission dated October 25, 1995
2. Map of Chanhassen showing current A -2 zoned properties.
L
CITY OF
CHANHASSEN
l _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 •FAX (612) 937 -5739
MEMORANDUM
TO: Planning Commission
FROM: John Rask, Planner I
DATE: October 25, 1995
SUBJECT: Proposed Text Amendment to the A 7 2, Agricultural Estate District
SUMMARY
BACKGROUND
The intent of the A -2 District is, "preservation of rural c
patterns by allowing single- family residential developn
The following uses.are permitted in an "A -2" District"
ordinance text amendment to allow
rural Estate Zoning District. Mr. Halla
hibited and that landscape nurseries are
Halla indicates that he has occupied
rnitted use.
while respecting development
EE
Planning Commission
October 25, 1995
Page 2
The following are permitted accessory uses in an A -2 District:
1. Accessory agricultural buildings
2. Garage
3. Private stables
4. Swimming pool
5. Tennis court
6. Signs
7. Home occupations
8. One Dock
9. Roadside stand
10. Private kennel
The following are conditional uses in an A -2 District:
1. Commercial communication transmission tower
2. Electrical substation
3. Churches
4. Recreational beachlots
5. Group homes for seven to sixteen persons
The following are interim uses in the A -2 District:
1. Churches
2. Mineral extraction
3. Mobile homes
4. Bed and breakfast establishments
5. Commercial kennels, stables and riding academies
6. Wholesale nurseries
7. Golf driving ranges with or without miniature golf courses
Currently, wholesale nurseries are allowed as an interim use in the A -2 District. Wholesale
nursery is defined in Section 20 -1 of the City Code as follows, "Wholesale nursery means an
enterprise which conducts the wholesale of plants grown on site as well as accessory items
directly related to their care and maintenance (but not including power equipment such as gas or
electric lawnmowers and farm implements) ". The ordinance provisions of the A -2 District do
not meet Mr. Halla's current needs because retail sales are not permitted. The retail sales portion
of Mr. Halla's Nursery has been expanded illegally and is in violation of City Ordinances.
Discussions have occurred between Mr. Halla and city staff over the years concerning the retail
segment of Halla Nursery. Mr. Halla has shown a desire to expand his business to provide for
n
i
i
1
' Plannin g Commission
October 25, 1995
Page 3
additional retail space. In his request for a code amendment, Mr. Halla indicated that he would
like to continue to operate his business as a "legal use" or permitted use. This would allow him
to expand or intensify his operation at the current location.
' It is staff's opinion, that Halla Nursery would best be classified, for zoning purposes, as a retail
nursery or garden center. A garden center is defined as follows, "Garden center means a place of
business where retail and wholesale products and produce are sold to the retail consumer. These
centers, which may include a nursery and/or greenhouses, import most of its items sold. These
items may include paints, handicrafts, nursery products and stock, fertilizers, potting soil,
' hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels and other
garden and farm tools and utensils." This definition appears to better describe the current
operation of Halla Nursery.
0
0
Section 20 -1 of the ordinance defines nursery as follows, "Nursery means an enterprise which
conducts the retail and wholesale sale of plants grown on the site, as well as accessory items
directly related to their care and maintenance (but not including power equipment such as gas or
electric lawnmowers and farm implements). Halla Nursery currently has retail sales which do
not meet this definition. By way of example, pet food is offered for sale on the premises.
ANALYSIS
When considering zoning ordinance text amendments, one must consider the comprehensive
impacts on all properties affected by the amendment. Any amendments to the A -2 District will
not only affect Mr. Halla's property, but all property zoned A -2, and those properties located
near an A -2 District.
The current permitted uses in the A -2 district are either residential in nature or are uses which
require a large land area, such as: agriculture, arboretums, parks, etc. These uses do not generate
a significant amount of traffic or require a large investment in buildings or other improvements.
The A -2 District may be better described as a "holding zone" or "open zone" because the
majority of property in this district is guided for further development. The City of Chanhassen
2000 Land Use Plan shows this property guided for Large Lot Residential. Permitting garden
centers or retail nurseries may ultimately lead to a "spot" zone of this property. The property
surrounding the existing Halla Nursery buildings, which is part of the current nursery, has
received final plat approval for a residential subdivision. Other A -2 zoned districts are adjacent
to existing and future residential or industrial developments. A "retail" oriented nursery or
garden center may not be compatible with the existing permitted uses in the A -2 zoning district.
However, there may be certain A -2 zoned areas which are suitable for garden centers or
nurseries.
Planning Commission
October 25, 1995
Page 4
Property currently used for nurseries or similar uses may be suitable for use as a garden center or
retail nursery. If allowed in the A -2 district, retail nurseries or garden centers would be more
compatible with the current interim uses in the A -2 District. Structures such as greenhouses,
outdoor displays, and nursery areas are for the most part temporary structures or uses. Allowing
additional permanent structures would only increase the likely hood that the property would
remain in retail use. By permitting retail nurseries as an interim use, conditions can be placed on
the permit to ensure that the property will someday comply with the comprehensive plan.
Constructing permanent retail buildings makes it difficult to redevelop the property into other
appropriate uses. Staff is also concerned that if permanent buildings are constructed for retail
nursery purposes, these buildings may be converted to another retail use if the property is vacated
by the nursery.
The City Comprehensive Plan discusses both present and future agricultural uses in the City.
The Plan states, "While several farms remain in the community, for the most part this use has
either been eliminated by development or is often conducted on a lease hold basis with the land
held by persons intending to market the property for development. The city has no desire to see
these operations prematurely eliminated and will cooperate with the owners to allow them to
continue as long as it is feasible to do so. However, there is no proposed on -going goal of
permanently providing for agricultural land preservation in the community."
Interim uses include those uses which are allowed within a zoning district for a limited amount
of time. The temporary use is permitted until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it. Interim uses are reviewed and
conditions added to soften any negative impacts on adjacent properties, such as: increased traffic,
noise, drainage, and requirements for public facilities and services. As mentioned above, A -2
Districts are often located near existing or future residential or industrial properties. These
properties serve as a "holding" or "open" zone until such time as the property is further
developed. If garden centers or retail nurseries are to be permitted in the A -2 District, it would
make sense to permit them as an interim use.
Staff recommends that the ordinance be amended to allow for retail and wholesale nurseries as an
interim use in the A -2 District. Amending the ordinance to allow retail and wholesale nurseries
as a permitted use would be inconsistent with the A -2 District. Staff is concerned with the
impacts that a retail nursery or garden center would have on surrounding properties and the spirit
and intent of the A -2 District. Garden centers would permit the retail sales of a wide range of
products, including: hardware, lawn and garden equipment, paints, tools, etc. The current
permitted, conditional, and interim uses in the A -2 district are either residential in nature or are
uses which require a large land area. A garden center is inconstant with other uses in the A -2
District. However, staff is of the opinion that adding retail nursery sales may be appropriate in
certain locations, if the necessary conditions are attached. Staff developed nine conditions which
would apply to retail or wholesale nurseries. The conditions are as follows:
I I
Planning Commission
October 25, 1995
Page 5
1. The site must be on a collector street or minor arterial as identified in the comprehensive
plan.
2. The minimum lot size is five (5) acres.
3. All storage and yard areas as well as building must be setback one hundred (100) feet from
public or private road right -of -ways and five hundred (500) feet from an adjacent single
family residence.
' 4. All outdoor store areas must be completely screened by one hundred (100) percent opaque
fencing or berming.
5. Hours of operations shall be set by the City Council.
FJ
6. Light sources shall be shielded.
7. No outside speaker systems are 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 permit it.
9. One ground low profile or wall sign, not exceeding twenty -four (24) square feet of sign
display area, shall be permitted on the premises.
(Note: The 500 foot setback would not allow Mr. Halla to add additional buildings after
homes are constructed in his subdivision. Staff is of the opinion that 500 feet is an
appropriate setback for nursery buildings from single family residences. Again,
consideration must be given to all properties within the A -2 Zoning District.)
RECOMMENDATION
Staff recommends denial of the zoning ordinance amendment as submitted by the applicant. The
applicant's proposal requested that landscape nurseries be a permitted use or "legal use" in the A-
2 District. Staff has provided a proposal which would allow the applicant to operate a retail
nursery. Currently, retail nurseries are prohibited in the A -2 District.
Staff recommends that the Planning Commission adopt the following motion:
1
Planning Commission
October 25, 1995
Page 6
"The Planning Commission recommends that the City Council amend Sections 20- 576(7),
20 -1, and 20 -257 to permit both wholesale and retail nurseries in the A -2 District as an
Interim Use, as outlined in the staff report dated October 25, 1995."
More Specifically, the amendments shall read as follows:
Amend Section 20 -1 to read:
"Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on
the site or imported to the site, as well as accessory items directly related to their care and
maintenance. The retail sale of hardware, paint, pet supplies, power equipment, and farm
implements shall be prohibited. Nursery may include greenhouses."
Amend Section 20 -257 to read:
"The following conditions will apply to all wholesale and retail nurseries:
1. The site must be on a collector street or minor arterial as identified in the comprehensive
plan.
2. The minimum lot size is five (5) acres
3. All storage and yard areas as well as building must be setback one hundred (100) feet from
public or private road right -of -ways and five hundred (500) feet from an adjacent single
family residence.
4. All outdoor storage areas must be completely screened by one hundred (100) percent opaque
fencing or berming.
5. Hours of operations shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday only,
work on Sundays and holidays is prohibited.
6. Light sources shall be shielded
7. No outside speaker systems are 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 permit it.
n
C
' Planning Commission
October 25, 1995
Page 7
9. One ground low profile or wall sign, not exceeding twenty -four (24) square feet of sign
' display area, shall be permitted on the premises.
1 Amend Section 20- 576(7) to read: "Wholesale and retail nurseries."
' ATTACHMENTS
1. Application for zoning ordinance amendment submitted by Don Halla dated October 4, 1995.
' 2. Letter to Don Halla dated October 6, 1995.
1
CITY OF CHANHASSEN
RFC'FI \ /ED
OCT 0 6 1995
CHANHASSEN PLANNING DEPT
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937.1900
oily Of CHANHASSEN ,
DEVELOPMENT REVIEW APPLICATION
OCT 5 1995
BjgM
APPLICANT: fi'A L� NyK S Y //1/ OWNER: D AN 1 IA NT
16 1
B vD
ADDRESS: /O 000 9A7 fl-A /NS ADDRESS: 4 b o I 4joIlA ul z( Tf{Al
Al /✓ . .s,� F /V �'v i.�si R AI s y3 9 /ma
TELEPHONE (Day time) TELEPHONE: ?00 —
1.
Comprehensive Plan Amendment
11.
Vacation of ROW /Easements
2.
Conditional Use Permit
12.
Variance
3,
Interim Use Permit
13.
Wetland Alteration Permit
4,
Non - conforming Use Permit
14.
Zoning Appeal
5.
Planned Unit Development
15.
Y, Zoning Ordinance Amendment
6.
Rezoning
7.
Sign Permits
8.
Sign Plan Review
Notification Signs
9.
Site Plan Review
X
Escrow for Filing Fees/Attorney Cost "
($50 CUP /SPRNAC /VAR/WAP /Metes
and Bounds, $400 Minor SUB)
10.
Subdivision
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must
included with the application.
Twenty -six full size folded copies of the plans must be submitted.
8 /z' X 11" Reduced copy of transparency for each plan sheet.
' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
'+ Escrow will be required for other applications through the development contract
I 'd 9 b:E.T 966T 't '9T
0
51-49IS3 HPJAHIi0 r,QNH_ I
LOCATION
LEGAL DESCRIPTION
' PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE D r
ESIGNATION
I REQUESTED LAND USE DESIGNATION q -
REASON FOR THIS REQUEST A -
�1
This �a p cation must be completed in full and bet typewritten or ! � 6
p yp y printed an must a accompanied by all fnformation�
' 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.
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 nowledge.
4-7' O A Y
Sign re of Applicant ate
6s-K, S D /1Y
' Signature of Fee Owner Dafe
Application Received on Fee Paid — Receipt No.
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.
6t:6t s66T't •rat
5N:1I53(] Ulle'.dPI -] MINH WO:i 3
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Don Halla
Halla Nursery
10000 Great Plains Blvd.
Chaska, MN 55318
Dear Mr. Halla:
I have received your application from Steve
requesting an amendment to the City Code I
The procedure for a code amendment is a pu
then review and either approval or denial by
the November 1, 1995 Planning Commissioi
today. It is my understanding that you are
landscape nursery's in the A -2 district.
g before the Planning Commission and
`ouncil. I have scheduled this hearing for
If you have any questions, please feel free to'contact me
Sincerely,
Kate Aanenson
Planning Director
October 6, 1995