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4. City Code Amendment: Landscape Nurseries & Garden Centers.I MEMORANDUM L CITY OF � CHANHASSEN 690 COULTER DRIVE • 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: February 6, 1996 SUBJECT: Proposed Text Amendment to the A -2, Agricultural Estate Zoning District to allow Retail Nurseries and Garden Centers CITY COUNCIL UPDATE The City Council reviewed the proposed text amendment on January 22, 1996, and tabled action to receive additional information, as well as to provide more time for discussion. The Council requested additional information on the status of landscape nurseries and arboretums in the city. 1 e City code defines an arboretum as "a place where plants, trees, and shrubs are cultivated for scientific and educational purposes." The University of Minnesota Landscape Arboretum clearly operates in this capacity. They may offer other services and sell products which are promotive of the primary use, but the principal function of the Arboretum is for scientific and educational purposes. The city zoning ordinance differentiates this use from that of a retail garden center or nursery. Further, state governmental units are not subject to local governmental planning and zoning regulations (see Memo from Amy Kvalseth, Assistant Attorney General). Therefore, the city may not impose zoning, conditional and interim use permits, and building codes on the State. Excluding Halla Nursery, other nurseries located in the A -2 zoning district are primarily wholesale in nature. Holasek Nursery is a wholesale nursery which conducts a limited amount of seasonal retail sales during early spring and the holiday season. Wilson's Nursery is a wholesale nursery located on Great Plains Blvd., which operates a seasonal retail stand located on Highway 212. Halla Nursery, on the other hand, is a year -round garden center which sells everything from nursery stock to pet supplies, garden tools, yard ornaments, and other miscellaneous items typically associated with garden centers (see attached inventory list). In addition to the garden Don Ashworth February 7, 1996 Page 2 center, the site is used as a contractors yard for the landscape contracting portion of the business, and as a wholesale nursery. Currently, there is over 70,000 square feet of buildings on the property, which include the garden center, greenhouses, and storage buildings. Therefore, comparing Halla Nursery to the Arboretum or other nurseries in the city is inappropriate because the uses are different, and the land -use impacts associated with them differ greatly. It should be noted that, if the ordinance amendment is approved as recommended by the Planning Commission, existing nurseries would not be required to apply for an interim use permit. If an existing nursery wished to expand in a A -2 district, they would have to apply far an interim use permit. Currently, all nurseries located in an A -2 district are non - conforming uses and may not expand. SUMMARY Mr. Don Halla, Halla Nursery, requested a text amendment 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 amendment on November 1, 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 November 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 Interim Use in the A -2 District. Currently, retail nurseries are prohibited in the A -2 district. Following the January 3, 1996, Planning Commission meeting, Mr. Halla indicated to staff that he was not interested in obtaining an interim use permit and would like to withdraw his application. Staff is of the opinion that the ordinance amendment, 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 ordinance 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. 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 7 J s 1 Don Ashworth February 7, 1996 Page 3 that allows retail nurseries to exist and expand provided that the operation complies with 1 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. 1 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. 1 1 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: 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. 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. I ANALYSIS 1 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. e Don Ashworth ' February 7, 1996 Page 4 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 utilized 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 I Staff recommends that the City Council adopt the following motion: "The City Council approves amendments to Sections 20- 576(7), 20 -1, and 20 -257 to permit both W 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: Don Ashworth February 7, 1996 Page 5 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: 1 f 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 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. Don Ashworth February 7, 1996 Page 6 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 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. City Council Meeting, January 22, 1996 2. Halla Nursery Garden Center Inventory 3. Halla Nursery advertisement 4. Memo from Amy Kvalseth, Assistant Attorney General dated October 5, 1995 5. Letter to Mr. Don Halla dated January 11, 1996 6. Planning Commission minutes dated January 3, 1996 7. Map of existing wholesale or retail nursery sales 8. Map of A -2 zoned property 9. Memorandum to Planning Commission dated November 8, 1995 10. Memorandum to Planning Commission dated October 25, 1995 Pi f 1 1 1 1 1 City Council Meeting - January 22, 1996 we should table it and look at that and you should give some thought to re- combining the parcels. Maybe one way or another we can figure something out. Gary Brown: I think that's a good idea. Councilman Berquist: Make a motion to table. Councilman Senn: Table, I did. Mayor Chmiel: Okay. Is there a second? Councilman Berquist: I'll second it. Councilman Senn moved, Councilman Berquist seconded to table Variance Request #95 -12 from Section 20- 1267 requiring individual dimensional letters, and Section 20- 13 -3(3) to allow a second wall mounted sign on the south elevation. All voted in favor and the motion carried. AMENDMENT TO CITY CODE FOR LANDSCAPE NURSERIES AND GARDEN CENTERS IN THE A2 AGRICULTURAL ESTATE DISTRICT. John Rask: Thank you Mr. Mayor. Mr, Don Halla of Halla Nursery requested a text amendment to allow a landscape nursery as a permitted use in the A2 district. The Planning Commission held several public hearings to discuss this ordinance amendment. On January 3rd of '96 the Planning Commission denied Mr. Halla's request but did approve an ordinance amendment which would allow retail nurseries as an interim use in the A2 district. Again this is an amendment to the entire zoning district so it would apply to all those properties which are currently zoned A2. As I had mentioned, Mr. Halla originally brought this ordinance amendment forward requesting a permitted use. Or requesting to make retail nurseries or garden centers a permitted use in this district. The commission did approve it as an interim use. Mr. Halla had indicated after the Planning Commission meeting that he was not interested in bringing it forward in that manner and that he was not interested in obtaining an interim use permit. Staff feels that the ordinance is justified and we feel that it may help us deal with some of the other nurseries we have as well as provide them with some opportunity to do a limited amount of retail sales if they meet their conditions set forth in an interim use permit. Currently the zoning ordinance prohibits retail nurseries and garden centers in the A2 district. Wholesale nurseries are currently allowed as an interim use in the district. Staff recognizes that we do have these pre - existing situations out there where we do have nurseries doing a limited amount of retail. That this would be a way for us to legitimize them. If they're interested in expanding, they would come through an interim use permit where we could look at each site on a site specific basis. Attach conditions where we feel appropriate to mitigate some of the negative impacts on adjoining properties. Staff is of the opinion that retail sales as an interim use would be consistent with other uses in the district and the comprehensive plan. Our concerns with allowing retail nurseries or garden centers as a permitted use ... who are doing some retail and how do we treat them. Right now they're non - conforming uses. This would kind of remove the cloud that's currently over the property with a non - conforming status. But on the other hand if they give a termination date, which would be set upon application for an interim use. There was conditions added that would apply to all interim use permits for wholesale and retail nurseries. A number of these were in the ordinance currently. They currently apply to wholesale nurseries. What we did was modify them slightly to apply to retail and wholesale. So with that brief overview, I'd be happy to answer any questions that you have. 63 ri City Council Meeting - January 22, 1996 Mayor Chmiel: Any questions of John? Councilman Berquist: What specific conditions got modified and which were taken, were there? John Rask: Number I is the same, which currently applies. Number 2 currently applies. No changes there. Number 3. Currently that read wholesale nursery, stockyards and buildings had to be 500 feet I believe from the existing residence. In order to provide some leeway there, we said a minimum of 50 feet or 300 feet if there's an existing resident there, whichever is greater. Currently I think it was 100 feet setback from a roadway to a building. We changed that to 50. Currently all other structures in the A2 district have a 50 foot setback. We lessened the requirements on the buffering and the berming. Currently it says all storage areas and contractors buildings have to be completely screened from view from roadways and adjacent properties. We changed that to read that buffering may be accomplished using berms, fencing, landscaping, natural topography or increased setbacks. And then we just left in there that the City Council may require 100% screening if they feel appropriate. If there's adjacent residential close by. Higher density residential that may be impacted, you could certainly require complete screening. Hours of operation I believe were left alone, except for the, again we put in that City Council may further restrict the hours of operation if it's adjacent to property guided residential or if property identified in the comp plan as residential. No outside speaker system was in there. I think light sources shall be shielded was added. And then the termination date was certainly in there. But again one thing we added that the renewal of the application, let's see. Part of the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. So if we say the interim use permit's going to terminate when the property's brought within the MUSA. At that point if we wanted the applicant wish to revisit that, he could certainly come forward with an application and we could again take a look at, does this make sense. Kate Aanenson: Yeah. For example, if you bring in the MUSA, it still may be 10 years before you get sewer to that area or something so that may not necessarily be an appropriate trip date. So we wanted to give some flexibility. John Rask: And then we just, the last one we added some criteria for signage as our sign ordinance doesn't deal with signage in the A2 district. We just basically allow for entry monument signs so. Councilman Berquist: Okay, thank you. Mayor Chmiel: Are there any other questions? If not, okay. Is there anything you'd like to say this evening? If we could sort of limit it with time because technically we should shut Council down but we're going to keep going. Mark Halla: Certainly we can reschedule for another time if that's more convenient. Mayor Chmiel: No, we'll proceed. Mark Halla: Alright. Good evening. I'm Mark Halla. I reside at 770 Creekwood in Chanhassen. Several months ago we asked staff if they had a problem with us adding a couple of greenhouses. They said yes because we're a non - conforming use and by adding a greenhouse we'd be intensifying that 'use. We disagreed with that answer. We proposed an amendment to the city code that would eliminate staffs concern and solve the disagreement entirely. The suggestion we made was to amend the 1989 City Code change to, and I'll quote, "allow retail nurseries and garden centers, in existence as of the date of 1989 code change, as a permitted use." z 1 1 1 1 r LJ f 1 r r1 City Council Meeting - January 22, 1996 In my opinion this change would only affect our property and possibly two others. As he noted, the Planning Commission found against us. You're our only chance left for us becoming an accepted use without setting a termination date for our business. As I said before, I have no intention of becoming an interim use. My family has a 54 year old, third generation business. We don't intend to allow the city to set a date for us to become extinct. That just isn't practical. We've come to the city in hopes of resolving this issue amicably. We had no idea that by asking the commission to put up some greenhouses... enact legislation to eliminate us. Please reconsider Planning Commission's recommendation on this issue. Businesses are an integral part of any community, and a business such as our's is definitely an asset to the community, not a liability. We currently have existing grandfather rights which cannot be taken away. There's absolutely no incentive for us to apply for an interim use permit to eventually terminate those rights. We don't quite understand why the Arboretum...and our establishment is not. They sell many of the same items that we do, and even more. They sell food ... gift items. They have more traffic. More permanent buildings and are much more permanent than us. There's one big difference though. We raise and sell trees, shrubs ... and perennials. They... agricultural use, do not. And what about other horticultural businesses that are local. They continue to add greenhouses to sell retail. Why is it okay for them and not for us? We also don't understand how adding greenhouses is intensifying our use. We already have the plants and we already sell them retail. We just want to cover them so we have protection from the weather. Is that so wrong? Perhaps my greatest question for Council is why doesn't staff consider our garden center and our nursery an agricultural use. They have said that because we sell retail that it exempts us from being agricultural. If that's true, then the Arboretum must be also. The Arboretum sells retail from a million dollar building. Raises and sells no trees, shrubs or evergreens, except those donated by nurseries such as our's. They have admission fees similar to Valleyfair and the research is conducted by a completely separate association. The information that I just gave you was provided to us by the Research Director at the Minnesota Nursery and Landscape Association's annual meeting just 10 days ago. This says the Arboretum is agricultural. Our business is agricultural. We are licensed by the State of Minnesota Agricultural Department. We're inspected by the Agricultural Inspector. We are considered agricultural by State and Federal labor laws, and the IRS. We have a game farm license. The majority of our employees graduated from schools in agricultural and over 80% of our budget is spent growing, making and selling trees, shrubs, evergreens and perennials. We are agricultural. Just because we sell retail, don't consider us non - agricultural. If you make a carte blanche decision that retail and agricultural do not go together, you'll have to stop the Arboretum from selling retail. The farm huts from selling retail. The apple stands from selling retail and other local horticultural businesses from selling retail, and a host of others. The simplest solution, and there's two of them, is to number one, simply consider us agricultural and therefore direct staff to find us an accepted and permitted use. And number two, to amend the 1989 code change by allowing retail nursery and garden centers in existence at the time of the 1989 code change, as a permitted use. Again I ask you to consider the Planning Commission's recommendation and support to reconsider the recommendation and support your local businesses rather than eliminate them. Thank you. Mayor Chmiel: Thanks. Does anybody have any questions? No. Not at this time. Roger Knutson: Mr. Mayor, just to point out, this is the first reading of this ordinance. Mayor Chmiel: That's, yeah. That's correct. Don Halla: Good evening Mr. Mayor, members of City Council. I'm Don Halla, Halla Nurseries. I believe our landscape nursery and garden center should be a permitted use in the A2 zoning. We requested a zoning text amendment after we recently asked permission to build another greenhouse. The building department said that we did not need a permit since the greenhouse would be an agricultural building on agricultural property. This 65 City Council Meeting - January 22, 1996 is agricultural property. This is the code. It is in accordance with your code. However, the planning department said no because we were intensifying our business, which they felt is a non permitted use. The planning department says their zoning doesn't allow us to exist. We all realize our grandfather status does allow us to exist. Halla Nursery has been a retail nursery in Chanhassen since 1963. In 1973 a permit was issued for a building. A structure which was to house our landscape department, garden center and sales office. Since that time we have always carried dry goods, plants, tools, animal feeds, bird accessories, and other items related to the development and care of landscapes and plants and animal habitat. Prior to 1994 we stocked and sold these items in our office building, greenhouses and a display and storage building. In 1990 the city changed their ordinance without notifying us. In 1993 we built two buildings, mainly for equipment storage and planting of bare root stock. No permit was required. We did call and ask. In early spring of 1994 we built another building to condense the products which we were displaying and selling from our office building, greenhouses, display and storage buildings. Again, after inquiring with the same building department we learned or were told by them that no permit was requested. Or was required. Not until the summer of 1994 were we notified that the change in the ordinance affected the legal status of our business. We were not notified when we inquired previously about building permits. Why not? Probably because the nursery business is regarded by State and Federal governments as an agricultural business. Just as farming, greenhouses and floraculture are. We feel that when the city changed it's ordinance and zoning for A2 land in 1990, an error was made by not including landscape nurseries and garden centers as an A2 permitted use. There are several other nurseries in the community, though grandfathered in, in non - compliance with the A2 ordinance. The ordinance should have taken into consideration these families and businesses before it was adopted. The restrictions should be the same for everyone. A2 is agriculture. This includes Arboretum, nurseries, garden centers, farms, floraculture, and greenhouses, all of which may or may not include retail sales. Zoning is silent as to retail sales. Halla Nursery is a licensed landscape nursery, game and poultry farm. We have been all of these for many years. Homes are permitted... agriculture business. My son and his wife live on the nursery property. The city staff has stated that there would be a certain A2 zoned areas which are suitable for garden center nurseries by Section 20 -1 of the ordinance defining, nursery means an enterprise which conducts the retail and wholesale sale of plants grown on site, as well as accessory items directly related to... Arboretum which means a collection of plants, is permitted in A2 zoning. Is this not what a nursery is? Our Minnesota Landscape Arboretum is located on A2 land. It has a retail store which sells jewelry, trinkets, books, clothes, planters, cards, quilts, housing items and Christmas gifts, to name a few. And also has a restaurant. They call their store a variety store in a conversation that I had with them in October. They do not sell plants, or plant supplies, except at their fundraisers where nurseries like us donate product for the sale to help fund the continued growth of this valuable asset. Nurseries are likewise a service to the community. They grow plants of many types and kinds which are sold to beautify our homes and businesses. Nurseries must make a profit to survive. Unlike the Landscape Arboretum, they don't have the luxury of grants, volunteers, and fundraisers to continue their existence. Nevertheless, we are a valuable asset to the community. Our nursery has 100 acres of land, though we do not necessarily need all 100 acres for our operation. Recently we have been approved for a subdivision which would leave at least 12 acres for the nursery business with the remaining land for 2 1/2 acre average residential development. Charles Cudd is the builder. A fine home builder now building in Bearpath and Big Woods in Eden Prairie has been working with us to create a development that makes the nursery like an Arboretum. A plus for the neighbors to enjoy. That want to live in the country atmosphere among the peacocks and flowers. We are looking forward to being an attractive asset to this new subdivision, just as we feel we are to Chanhassen. Over the years we have donated trees and plants to the parks and churches and other non - profit organizations. We raise over 20,000 perennials and annuals each year and we also grow thousands of shade trees, shrubs and ornamentals. These plants are grown to be part of beautification of the world in which we live and in particular Chanhassen. We hope as the community grows that we will remain an integral part of it. We are a third generation family business. We do not feel that our business, which has •• I ,_ 1 PI 1 1 1 11 1 u' 1 1 I ,5 City Council Meeting - January 22, 1996 existed here since 1962 is an interim use. Because we have needs for another greenhouse and because city staff has complained to us that our nursery does not comply with A2 zoning, we are requesting the ordinance amendment. In October, or excuse me. An October 25th memo from Planning. The planning staff listed certain conditions that would apply to retail and wholesale nurseries if added as an appropriate use in certain locations. We commend the staff on their thoughtfulness and desire to develop the community in an organized and precise manner. However, we feel some of their recommendations may be too harsh and not practical for businesses which have existed prior to zoning changes. As a family business, most farmers, nurserymen, and greenhouse operations, along with the Arboretum, would like to feel that they would have the chance to close or liquidate their business on their own, if they chose to. And this should be determined by economic conditions. Not by something that the city sets up and says, boom. You have to close your business. Is it fair for the city to tell owners that he must, owners of land that he must sell his property and cease making a living? That is what an interim or conditional permit does. Most nurserymen or farmers are good stewards of the land. They love working with plants and animals and enjoy the beauty of outdoor work and living. It is hard work. Most work 60 to 80 hours a week to earn a living during the 7 to 8 months in which the crop's grown. Their work benefits all of us through food production, beautification in keeping our earth healthy and alive. Society needs to help and encourage all agriculture or we won't have a society. We need extra greenhouse space to help accomplish this. We want to cooperate with and facilitate Chanhassen in it's growth into the nest century and beyond. All ,ve have asked for is the permission to put up one or two extra greenhouses at this point in time. The building department says there is no problem with that. It meets their recommendations as far as State codes... planning has a different point of view. That's why we're here today. I really am not looking for a change in the ordinance as much as I'm looking for permission to put up greenhouses to handle things the way we need to so that we can start plants in March instead of having to wait until May to do so, so we have a sellable product at the time ... thank you. Mayor Chmiel: Thanks. I think that this is going to be a rather lengthy discussion. My suggestion or recommendation would be to table this and have this come back before the Council. We have a couple more items that we have to accomplish and does that affect any time frame on this at all? That would be my recommendation. Or if you feel strong enough to move ahead with a decision on this right now. Councilman Senn: No, I agree with you on the tabling. But I'd like at the same time, I'd really like staff to put together some additional information. I think the Halla's raise some very good points as it relates to it's comparisons and stuff. You know I'm kind of listening through this and I don't know, I had a lot of trouble with this one before tonight in kind of trying to think through it but now that I've kind of listened and through some of the additional information, I really lean towards the permitted use but with all the conditions that staff put on making that part of a permitted use. But I'm just saying that's where I'm leaning. At the same time I'd like to give staff a chance to respond to a number of the issues that the Halla's raised. I'm just saying, I think they've got some pretty good points. Mayor Chmiel: Okay. Is there a motion to do that? Councilman Senn: I'd move to table. Mayor Chmiel: Is there a second? Councilman Berquist: Second. Mayor Chmiel: Moved and seconded. Any other discussion? 67 u City Council Meeting - January 22, 1996 Councilman Senn moved, Councilman Berquist seconded to table the amendment to the ciity code for landscape nurseries and garden centers as permitted use in the A2, Agricultural Estate District. All voted in favor and the motion carved. APPROVAL OF PURCHASE AGREEMENT FOR OUTLOT A, BETTY O'SHAUGHNES Todd Gerhardt: Attached for City Council's consideration is a purchase agreement with Audubon '92 General Partnership for the acquisition of Outlot A. The parcel under consideration is located west of the Chanhassen Business Center. Staff, over the last few years, has been working with the partnership in trying to come up with a fair market value in acquiring this parcel and the approach that we used was to take the upland, which is approximately 5.5 acres times $33,174.09 to come up with the purchase price of $182,457.52, plus the outstanding assessments of $72,000.00. Based on that staff would recommend that the City Council approve the purchase agreement in purchasing and using the upland portion as the purchase price, but you would be acquiring the entire 14.3 acres of what is the low lying area or the wetland area. In attachment 42 shows those areas of upland. Staff is prepared to answer any questions that you may have regarding the purchase agreement and Betty O'Shaughnessy is here representing the partnership. Mayor Chmiel: Okay. Steve. Do you have any? Councilman Berquist: I do. I do have. $33,174.09. Todd Gerhardt: Roughly. Councilman Berquist: Approximately. Aside from that, I'm sure there's a very logical explanation as to how you arrived at that. This is within the EDA? Todd Gerhardt: Correct. Councilman Berquist: You make mention of the revenues from the sources detailed within the report but you never specifically state what those revenues are. I don't think, for the Paulstarr, Power Systems, Control Products and David Obee parcels. And are we not also receiving revenue from the Weather Service, or is that not part of the EDA? Todd Gerhardt: It is part of the EDA but we are not collecting increment off of that facility. That was in before the establishment of the district so that goes back to the County. Councilman Berquist: Okay. Then the next part of that question concerns the anticipated revenues as the park matures, and any other necessary expenditures these, those funds have been committed for or anticipated concepts that they may require to fund besides this land purchase. I know that. Todd Gerhardt: The other commitments that we have, our Rec Center. Our road improvements with the County so taking those into account I gave, there's a good estimate of about a million dollars worth of available increment from the district and about $750,000.00 of it would go over towards those projects. Councilman Berquist: Is that stated someplace in here that I missed? Todd Gerhardt: No. I just put that together when I was upstairs. .: 1 'J 1 1 ll L� 1 1 E EXHIBIT A HALLA NURSERY GARDEN CENTER INVENTORY (07- 20 -94) Landscape fabric Root feeder Bird feeders Augur Trellises Weed killer and preventer Bird house stands Accent lights Books Insect killers Garden netting Deer /rabbit repellent Garden staking Knee pads Hummingbird /oriole feeder Plant supports Green sweep weed /feed Vegetable seeds Lawn trash bags Plant seeds Seed spreaders Feeder wand Lawn seed Plant stands String Planter boxes Bird feed Live plants (A) Tree stakes Live shrubs (A) Sprinklers Garden tools Garden hose Hose Hose nozzles Hedge shears Gloves Lopping shears Watering cans Pruners Ceramic bulb planters Weed eater Steel bulb planters Power snow shovel Electronic water timer Hand tools Thermostat Gas - powered weed eater Thermometer Snow thrower /trimmer Planter boxes Rakes Pots Killer kane Potting soil Garden trellis and lattice Moisture meter Wind chimes Burlap Wood mushrooms Transplant booster Bird baths Plant starter Wood bench Round Up Wood cactus Plant food Clay pots Compost maker Top soil Fertilizer stakes Peat moss Drop spreader Sheep manure 1 16794 EXHIBIT A On the Grow at Halla Nurser ! 1 Everything is on the grow at Halla Nursery. Sounds of sprang whisper as landscape and design staff, growers and movers and maintenance people, managers and other ffiendly employes at Halla tend to business. Located three miles south of Chanhassen on Hwy 101, Halla Nursery welcomes the community and invites you to visit their ex- panded garden center this spring as you shop for plant material for your home or business. Looking for annuals or perennials? Halla has 'em! Looking for trees or shrubs? Halla has'em. Looking for mulches or fertilizers? Halla has 'em! You'll encounter a wide selection of plant material at Halla Nursery, as well as a brand new 5,000 sq. ft. retail garden center, and a large staff to assist you. Halla has 100 acres of trees, shrubs, ever - greens, perennials, and annuals from which to choose. Don Halla, president of Halla Nursery and second generation in the business, takes pride in the wide selection and quality of plant materials at the nursery. "We have ten acres dedicated to the garden center," he said, "and that includes two acres of potted shrubs, two acres of balled and burlapped shade trees, one -half acre of potted shade trees, green houses, hanging baskets, and•a 15,000 sq. ft. shade area for perennials. Our plant material is in more mature sizes rather than small seedling type plants." We have trees up to 18" in diameter," said Don, "and we have the world's largest tree mover to move them." "We have over 250 varieties of peren- nials, 100 different varieties of flowering shrubs, 75 different varieties of shade trees and flowering crabs, and access to the balance of 100 acres. We have large shade trees of 6" diameter at 50% off now. We have a wide selection of wild ferns, mulches, shredded hardwood bark, and rock mulch products." Don explained that the plants at Halla Nursery are grown in clay soil. "Plants grow faster and easier in sand," he said, "but then there's a high loss rate in transplanting because they have to develop a new root system. A clay medium is better for the Vic- toria and Chanhassen homeowner because of soils in that area." He also said that plants in the field at Halla are root pruned every three years to give them new and stronger roots. The large new retail building, that houses "everything not green and growing," opened on May 1st this spring. There you'll find fertilizers, tools, rocks, soil, spray, peat moss, manure, wildflower seeds, and other garden supplies. "We also anticipate a high quality bird house and bird fender display," said Don. "It's another way to serve our customer better." Halla Nursery hires certified nursery and landscape professionals. The education and training needed to become certified assures Halla that their customers will be assisted with the greatest of care and talent. The designers at Halla can draw you an on -site rough sketch of landscape and plant- ing possibilities, with an accompanying estimate, free of charge. Or, for a rebatable deposit, he or she can develop a comprehen- sive plan which can be implemented as your budget allows. This plan is the product of a cooperative process that takes into considera- tion the personal taste and desires of the customer. Don also takes pride in Peacock Palace, an area of the nursery where he raises pea- cocks, rare varieties of pheasants and ducks. "We invite parents to bring their kids," he said, as the nursery has installed new play- ground equipment and gazebo for kids to enjoy while parents. check out the nursery stock. Yes, the growing season is upon us. "Soil temperatures have come up quite well, and there is no frost in the ground anymore," stated Don. "May 15th is about the right time to plant." Everything is on the grow at Halla Nursery. Come and enjoy.the sights and sounds of spring! You'll be pleasantly surprised --S.O. 1 LJ A SINCE 1942 U� LANDSCAPE DESIGNERS. CONTRACTORS. GROWERS, INC • TREE MOVERS AND GARDEN CENTER 3 Miles South of Chanhassen on Hwy 101. EXHIBIT B Don Hatla, president of Hance Nursery and second gerwtation in the business. Lynn Rlba, office rn a;uV r at Halla Nursery, for eight Yeats• Mark Halle, vice president and gerwfal manger at Halla Nursery, and wile Kay Hobe, licensed landscape architect. Shefyl Kohoul, assistant Harden center rrmogor. STATE OF MINNESOTA Office of the Attorney Genera! TO STEPHEN HERNICK DATE October 5, 1995 Building Codes and Standard Division Department of Administration FROM AMY V. KVALSETH ov PHONE 297 -1135 (Voice) i Assistant Attorney General 282 -2525 (TDD) ' SUBJECT : State Government Exemption From Local Planning /Zoning Regulations You asked the question of whether state governmental units are subject to local governmental planning and zoning regulations. The answer is no, unless by statute the State is expressly made subject to the planning or zoning regulation at issue, or the State consents to regulation. The answer comes initially from the principle that the State is tl:e sovereign power. As sovereign, the State regulates its own property. In the absence of a waiver by the State of its right to regulate its own property, the property is exempt from a municipality's regulation. Watson Construction Co. v. City of St. Paul 109 N.W.2d 332, 334 (Minn. 1961). Or to express the concept differently, the State gives to its municipalities, including counties, townships, and cities, only those powers enumerated in its laws. A municipality's power to regulate land use by zoning or other means exists only by virtue of authority delegated to it by the State. Costley v. Caromin House, Inc. 313 N.W.2d 21 (Minn. 1981) (municipality receives zoning power by legislative grant and cannot exceed limitations imposed by enabling legislation); Denney v. City of Duluth 202 N.W.2d 892 (Minn. 1972). If the State does not name itself as subject to a particular law, or if the law leaves any doubt as to its application to the State, the State is not bound by the law. Minn. Stat. § 645.27. F 1 1 , The State has granted to municipalities authority to regulate land use within their jurisdiction's through planning and zoning. Minn. Stat. chs. 394 and 462. The State has not granted, however, to municipalities the right to impose zoning and conditional use permits on the State. Please contact me if you have further questions regarding this matter. ' AVK /dsc.bcsd.ac8 J January 11, 1996 n J Mr. Don Halla Halla Nursery Inc. 10000 Great Plains Blvd. Chaska, MN 55318 L I Dear Mr. Halla: CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 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 t 1 -1 r 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 report on this item. Farmakes: Any questions? Mehl: I've got a couple of uestions. Or maybe it's Just is one. Confirmation q Y J ...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 7 LI 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 f I Planning Commission Meeting - 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 dust 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 ' 39 1 Planning Commission Meeting - January 3, 1996 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 ;lt 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 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 tl�e area of our nursery in the center. They felt it was a plus. So these people who build half million dollar 40 1 1 II I L 1 i I Ll I� L 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 hexing. 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 �I Planning Commission Meeting - January 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 you 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 L� �J 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. i 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. J 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 art 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. 44 11 L 1 F L L F� 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. t 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. 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 f�� 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 Commission recommends that the City Council amend Sections 20- 576(7), 20 -1, and 20 -257 to permit both wholesale and retail nu►seiies in the A -2 Dishict as an Inteiim Use, as outlined in the staff report dated November 27, 1995, with the following conditions to apply to the wholesale and retail nurseiies: 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 .. 1 1 F1 C F Planning Commission Meeting - January 3, 1996 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, REQUIRING 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 report 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 public hearing. The public hewing 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... I Conrad: But hearing northbound, which is permitted if it's done properly. 1 47 I I w MEMORANDUM . )• 1 CITY OF 1 y M 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' TO: Planning Commission FROM: John Rask, Planner I DATE: November 8, 1995 SUBJECT: Proposed Text Amendment to the A -2, Agricultural Estate District. SUMMARY On November 1, 1995, the Planning Commis Agricultural Estate zoning district. Mr. Don allow landscape nurseries as a permitted use on this item to receive further information frc to see a side by side comparison of the differ permitted use, conditional use, and as an inter The following definitions are being provided )n reviewed proposed changes to the A -2, illa, Halla Nursery, requested a text amendment to the A -2 District. The Commission tabled action staff. More specifically, the Commission wanted t options of allowing retail nurseries as a a use. for discussion nuraoses: Permitted Use is defined as, any use allowed in a zoning district and subject to the restriction applicable to that zoning district, Interim Use is defined in Section 20 -1 as, a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. By way of example, the use could terminate when the site `is brought into the MUSA, when sewer or water is provided to the site, a date could be set for the use to end, or if the zoning district changes to a residential zoning. Planning Commission November 8, 1995 Page 2 Staff assembled the following table to illustrate the differences between permitted uses, ' conditional uses, and interim uses: I 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 By classifying a use a conditional Use is eventually terminated would be appropriate for retail use, special conditions may be allowing the property to be ' nurseries, i.e. lack of adequate imposed to mitigate the adverse converted to a use which is public 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 applicant meets all conditions set permanent buildings other permitted uses in the A -2 forth in local ordinances and other District conditions imposed by the City Council ' May allow businesses such as, Bachmans, 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 Permanent buildings may lead to Encourage the use of ' constructed which may lead to other uses if the nursery is vacated, temporary structures which other uses if the nursery is e.g., auto repair, contractors would discourage conversion vacated, i.e., auto repair, storage /yard, misc. retail, etc. to other uses inconsistent with ' contractors storage /yard, misc. the zoning ordinance retail, etc. Use would be allowed in Use would be allowed in perpetuity Use would have a termination perpetuity date Retail nurseries or garden centers Retail nurseries or garden centers in By classifying a use an interim ' in most cases would be in most cases would be in conflict with use, special conditions may be conflict with the comprehensive the comprehensive plan, i.e., corner imposed to mitigate any plan, i.e., corner of Hwy. 5 and of Hwy. 5 and 41, which is currently adverse impacts ' 41, which is 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. r r I J MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Planning Commission FROM: John Rask, Planner I DATE: October 25, 1995 SUBJECT: Proposed Text Amendment to the A -2, Agricultural Estate District SUMMARY Mr. Don Halla, Halla Nursery Inc., is requesting a zoning ordinance text amendment to allow landscape nurseries as a permitted use in the A -2, Agricultural Estate Zoning District. Mr. Halla indicates in his application that nurseries are currently prohibited and that landscape nurseries are an agricultural use and should be permitted. Further, Mr. Halla indicates that he has occupied this property since 1962 and his business is no longer a permitted use. BACKGROUND ' The intent of the A -2 District is, "preservation of rural character while respecting development patterns by allowing single- family residential development." ' The following uses are permitted in an "A -2" District" 1 1. Agriculture 2. Public and private parks and open space 3. Single family dwellings 4. State - licensed day care center for twelve or fewer children 5. Utility services 6. State - licensed day care center for six or fewer persons 7. Temporary real estate office and model home 8. Arboretums 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 C C 7 I e Planning 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. ' 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 0 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 comprehezlsive 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 Planning Commission October 25, 1995 Page 5 I 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. l 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. 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 theopinion 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: 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 Ilistrict 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. 7 7 j 7 LI L 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. ' 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. fl L CITY OF CHANHASSEN PF('FIV /ED OCT 0 0 1995 CHANHASSEN PLHNNiNG DEPT CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937.1900 C1lY OF MANNASSEN I DEVELOPMENT REVIEW APPLICATION OCT 1995 APPLICANT: h' / G OWNER: O ''` IM RRTMNT ADDRESS: /0 000 6X Ed7_ PI-A/N.5 ADDRESS: 6 e. o I a q oyA ul /K 7 L c " 5 f4 M /-/ . _5 5- 3 i 4 9 1,V4 TELEPHONE (Day time) �y,S�6 5,�� TELEPHONE: ?}7 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. 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 /SPR/VAC /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. I Escrow will be required for other applications through the development contract I 'd 9t:E.1 1-= , F , I't '0T I f LOCATION LEGAL DESCRIPTION ' PRESENT ZONING REQUESTED ZONING ' PRESENT LAND USE DESIGNATION ' REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST / 996 cc a alftw .Q1t�sLc,U ,� s This application must be completed in full and be typewritten or clearly printed an must be acco b y all Enformailon (j ' 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. A/ Sign re of Applicant ate ' Signature of Fee Owner Daf 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 20 the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. i d r "b:r'T �nrl'b '4 =1I _N9I_3 HNr r IN H � Mr. Don Halla Halla Nursery 10000 Great Plains Blvd. Chaska, MN 55318 J Dear Mr. Halla: CITY OF CHANHAShIlEx 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I have received your application from Steve Kirchman today. It is my understanding that you are requesting an amendment to the City Code permitting landscape nursery's in the A -2 district. The procedure for a code amendment is a public hearing before the Planning Commission and then review and either approval or denial by the City Council. I have scheduled this hearing for the November 1, 1995 Planning Commission meeting. If you have any questions, please feel free to contact me. Sincerely, 1 /1 Kate Aanenson Planning Director n J October 6, 1995 1 7 1 6. 91 January 7, 1996 Dear Council Member: Since 1942 4 3, / 41 �� LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS INC. TREE MOVERS & GARDEN CENTER 10,000 Great Plains Blvd., Chaska, Minnesota 55318 3 Miles South of Chanhassen on Hwy. 101 Phone 612 - 445 -6555 This letter is in reference to Halla Nursery's request for a code amendment to "allow any Landscape Nursery and Garden Center in operation at the time of the 1989 code change as a permitted use on agriculturally zoned land." Our purpose for requesting the code amendment was to change our landscape nursery and garden center fi an illegal non- conforming use to a legal permitted use. According to some staff members, Halla Nursery cannot construct additional greenhouses on its agriculturally zoned land even though the greenhouses would be used for agricultural purposes. These staff members contend that building the greenhouses would be an expansion of a non- conforming use and is therefore not allowed. Other staff members say a greenhouse is an agricultural building permitted on agriculturally zoned land without a building permit. Rather than argue over which staff member is correct, we feel that the previously mentioned code amendment seems the best, the easiest, and certainly the least expensive solution for both the City of Chanhassen and Halla Nursery. The staff's response to our request was to recommend amending the code to allow our business as an interim use only The planning commission supported staff on that recorn mend ation. During previous discussions, we continually stated that Halla Nursery had no intention of becoming an interim use. We pointed out that we have extensive Grandfather rights and have no incentive to give up those rights and allow the City's staff to choose a date on which Halla Nursery (founded in 1942) must close its doors forever. In addition, we have pointed out some inconsistencies in enforcement upon similar businesses located on agriculturally zoned land in Chanhassen. These businesses have added additional greenhouses with little, if any, interference from City staff . It certainly appears Halla Nursery is being treated differently than those other businesses in nearly identical circumstances. Is this fair? As we mentioned to you at the last council meeting, we are very much like the University of Minnesota Landscape Arboretum. They are a permitted use on agriculturally zoned land yet we are not. We pointed out that the Arboretum sells retail items unrelated to agriculture and that they rarely, if ever, raise and sell plants at all. They have a restaurant and office building which is much more substantial than all of our buildings combined We stated that we believe I-lalla Nursery and Garden Center is an agricultural business: 1. We are licensed and inspected by the Department of Agriculture. 2. We pay wages based upon State and Federal agricultural laws. 3. The majority of our employees have been educated in schools of agriculture. 4. Our trucks are licensed as agricultural vehicles. 5. The vast majority of the products we sell are regulated by the United States Department of Agriculture. We pay 2 '/2 percent agricultural tax on most of our equipment purchases. Our employees are certified to apply chemicals by the Minnesota Department of Agriculture. Exactly 72.54 percent of our 1995 payroll was dedicated to the propagation, maintenance and growing of trees, shrubs. evemi-eens. verennials and annuals. "THE PLACE TO GO FOR PLANTS THAT GROW" YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING SHADE TREES • EVERGREENS • FLOWERING CRABS • FRUIT TREES • FLOWERING SHRUBS HEDGING • GROUND COVERS • FERTILIZERS LANDSCAPE CONSULTATION • INSECTICIDES • PRUNING • LARGE TREE MOVING INSURANCE CLAIMS • DESIGNING i Halla Nursery and Garden Center is an agricultural business and a benefit to the city of Chanhassen. We should be a permitted use on our agriculturally zoned land. Halla Nursery is trying to do the right thing. We sensed a conflict within the City staff and rather than go ahead and build the greenhouses, we have been forthright with the City and are attempting to work out the differences of opinion to a mutually satisfying end. Staff's response is the recommendation to City Council that Halla Nursery only be considered a legal use if we agree to allow staff to set a termination date for our third - generation, 54 year old business! Considering that we have been selling retail at our current site since 1962, before the Village became a City and the City developed a Comphrehensive Plan, we should have been included in, or at least notified of, the 1989 code change. Had we been notified at the time of the change, we would have resolved this issue at that time. Staff has previously mentioned concerns about legalizing retail nurseries and garden centers on agriculturally zoned land. They fear it would open up some land to becoming a Frank's Nurses and Craft or similar mass merchant. We understand staffs concern and we agree with them. If the code amendment is too broad, it will not provide the level of control the City needs to maintain its progressive, yet tasteful future development. That is why we have recommended the code be amended to: "allow any Landscape Nursery and Garden Center in operation at the time of the 1989 code change as a permitted use on agriculturally zoned land." We have researched the effects of this code amendment quite extensively and believe Halla Nursery and Garden Center is the only business within Chanhassen that would be affected by this code amendment. Adopting the forementioned code amendment would make Halla Nursery and Garden Center a permitted use but would not relinquish us from following City codes. We would still have to discuss any future construction of greenhouses with staff and meet all applicable code requirements. The City would not lose any control and would certainly spend much less time and money arguing with us over this issue. This is a Win -Win solution! We appreciate the time you've spent reading this letter and considering our proposed code amendment. There is no doubt we are hoping to settle our differences with the City of Chanhassen in a mutually benefitial way. We are not on a crusade for all landscape nurseries and garden centers but simply want to solve some on -going disputes between Halla Nursery and the City of Chanhassen once and for all. We hope to work together with the City to develop a positive relationship that promotes the health and welfare of not only our business but the City and its residents as well. Please support Ilalla Nursery and help us all move forward together! Sincerely yours, e�a !�- Y�. ' Don E. Halla & Mark D. Halla