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1o. Halla Nursery: Site Plan Amendment for Entry Addition.CITY OF CHANHASSEN W DATE: 7 -16 -97 C.C. DATE: 8 -11 -97 CASE: 97 -8 Site Plan BY: Al -Jaf£v i L) , STAFF REPORT PROPOSAL: Site Plan Review amendment for a 192 square foot entryway addition to an existing building, Halla Nursery. Z a V _J Q LOCATION: South of County Road 14 (Pioneer Trail), and west of Highway 101 (Great Plains Blvd.). APPLICANT: Don Halla 10000 Great Plains Blvd. Chanhassen, MN 55317 PRESENT ZONING: W ACREAGE: A2, Agricultural Estate District Approximately 10 acres Acft by My A"r,#sY� Fandors 4 _ � Modifie _ Rejected .= m Date— =— Date Submitted to Commission DENSITY: ADJACENT ZONING AND LAND USE: N - A2, Agricultural Estate District S - A2, Agricultural Estate District E - A2, Agricultural Estate District W - A2, Agricultural Estate District WATER AND SEWER: Date Submitted to C.�uncI Unavailable to the site. PHYSICAL CHARACTER.: The site is currently being operated as a nursery. A large number of different sized trees cover the site. 2000 LAND USE PLAN: Residential -Large Lot Halla Nursery August 11, 1997 Page 2 PROPOSAL /SUMMARY This request is for the construction of a 192 square foot entry way addition to the Halla Nursery existing building. The addition will be located to the east of the existing building. The site is located west of Highway 101, south of Pioneer Trail and north of Creekwood Drive. The lot area is approximately 10 acres. It is zoned A -2, Agricultural Estate District. In an attached letter the applicant explains that last winter, snow accumulated over the roof, above the entrance and feel at the entrance of the green house. For safety reasons, they wish to add a roof that would divert snow to the sides. The addition will be constructed of glass, steel and Poly Carbonate which is a form of plastic. The addition will be 12 feet wide, 12 feet high, and 16 feet deep. It has a pitched roof and double doors. There are no other changes to the site. Based upon the foregoing, staff is recommending approval of the site plan request subject to appropriate conditions. BACKGROUND Attached is the Order for Judgment and Judgment and Stipulation for Entry of Judgment for Halla Nursery. The documents contain conditions of approval as ordered by the court. SITE PLAN REVIEW General Site Plan /Architecture The proposed entryway addition, with an area of 192 square feet, will be situated parallel to Highway 101. The site is bordered by Highway 101 to the east, and Halla Great Plains Estate residential subdivision to the north and south. It is zoned A -2, Agricultural Estate District. The applicant is requesting this addition because last winter, snow accumulated over the roof, above the entrance and fell at the entrance of the green house. For safety reasons, they wish to add a roof that would divert snow to the sides. The addition will be constructed of glass, steel and Poly Carbonate which is a form of plastic. The addition will be 12 feet wide, 12 feet high, and 16 feet deep. It has a pitched roof and double doors. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; Halla Nursery August 11, 1997 Page 3 (2) Consistency with this division; • (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The applicant has a legal non - conforming use. The use has been regulated through a Stipulation Agreement. The property is zoned A2 and guided Residential Large Lot. I�1 LJ Halla Nursery August 11, 1997 Page 4 Wetlands There do not appear to be wetlands on the parcel. Grading There will be none. Draina , 2e Existing drainage will not be impacted. Utilities Not needed. ParkinjZ Lot Circulation Not applicable and will not be impacted. Erosion Control • The applicant will be required to apply for a building permit. When the plans are reviewed, it will be determined if there is a need for erosion control. Since there is no proposed grading, most likely, there will be no need for erosion control. Landscaping None required. Li2htinjj None proposed. Sinae None proposed. PLANNING COMMISSION UPDATE On July 16, 1997, the Planning Commission reviewed and approved this application unanimously. 0 0 Halla Nursery August 11, 1997 Page 5 STAFF RECOMMENDATION Site Plan Review Staff recommends the City Council adopt the following motion: "The City Council approves Site Plan Review #97 -8 for an entryway addition as shown on the site plan dated received June 13, 1997, subject to the following condition: 1. The applicant shall apply for a building permit." ATTACHMENTS 1. Settlement Agreement dated March 6, 1997. 2. Letter from Don Halla dated April 8, 1997. 3. Application. 4. Planning Commission minutes dated July 16, 1997. 5. Plans received June 13, 1997. 6 STATE OF MINNESOTA COUNTY OF CARVER' City of Chanhassen, Plaintiff, vs. Halla Nursery, Inc., a Minnesota corporation, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 /Other Civil Court File No. C8 -94 -851 STIPULATION FOR ENTRY OF .TUDGMENT STIPULATION, made this 27th day of January, 1997, by, between, and among the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and HALLA NURSERY, INC., a Minnesota corporation, ( "Tenant "). RECITALS WHEREAS, Tenant leases the following described property ( "Subject Property ") located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of Minnesota consisting of approximately 12 acres now devoted to retail nursery, garden center, and contractor's yard and legally described as follows, to -wit: Lot 10, Block 1, Halla Great Plains Addition, according to the recorded plat thereof, Carver County, Minnesota. The Subject Property is zoned A -2, Agricultural Estate District. WHEREAS, in early 1994, Tenant constructed a new retail sales building ( "Garden Center ") of approximately 5,000 square feet on the Subject Property, and no building permit 31155.11 r01/27/97 i • was obtained. Tenant has since used the Garden Center for retail sale of goods to the general public. WHEREAS, in May 1994, the City inspected the Garden Center. The City Building Official found that the Garden Center did not comply with the Uniform Building Code ( "UBC ") requirements for a B -2 occupancy. WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeking to permanently enjoin Tenant's operation of a retail commercial business from the Garden Center unless a Building Permit was obtained, the necessary requirements for a B -2 occupancy were satisfied and a certificate of occupancy issued. WHEREAS, Tenant has obtained a Building Permit and has complied with the March 20, 1995 Letter of Understanding and completed all requirements for a B -2 occupancy for the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate. WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the City's Complaint. WHEREAS, the Tenant and City want to provide for the long term land use of the Subject Property. WHEREAS, the City is desirous of exercising its zoning and police powers for the public good. WHEREAS, the parties desire to amicably resolve and settle their differences and to avoid the cost of further litigation. NOW, THEREFORE, the parties stipulate as follows: 31155.11 r01/27/97 -2- 0 FILED STATE OF MINNESOTA MAR - 6 1997 COUNTY OF CARVER CARVER COUNTY COURTS ---------------------- - - - - -- City of Chanhassen, Plaintiff, vs. Halla Nursery, Inc., a Minnesota corporation, Defendant. ORDER FOR JUDGMENT ORDER FOR JUDGMENT AND JUDGMENT Based upon the Stipulation for Entry of Judgment, and upon all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is incorporated herein by reference. 2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court. il V, 5 DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 /Other Civil Court File No. C8 -94 -851 30982.02 07/22/96 3. Plaintiff's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Defendant not compensable in money damages and entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court. 4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its entirety with prejudice. 5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for Entry of Judgment, and issue additional orders as it deems just and proper. THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED ACCORDINGLY, FORTHWITH. Dated: 3, `1 , 194 BY THE COURT: J dg istrict Court , JUDGMENT The above Order hereby constitutes the Judgment of this Court. Dated: i , 1996. R GOR S (Court Seal) A i s ator Dated: March 6, 1997 B Q/ i - ut 30982.02 07/22/96 -2- C. Prohibited Signage. All signs are strictly prohibited, except as expressly allowed pursuant to paragraphs 6A and 6B of this Stipulation, or pursuant to a sign permit issued by the City. 7. PARKING. A. Minimum Number of Stalls. The areas identified as P on the Site Plan are at least the minimum required parking stalls, which shall not be devoted to any other use. B. Handicapped Parking and Fire Lanes. The handicapped parking stalls and fire lanes as shown on the Site Plan must be designated and marked as required by State law and City ordinances. 8. FENCE /SCREENING /BERMING. A. Future Fence. Tenant will obtain a fence permit from the City prior to installing the future fence as shown on the Site Plan. B. Installation Date. The future fence, screening or berming must be installed within thirty (30) days after a certificate of occupancy is issued to any residential lot which abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit if necessary due to weather or ground conditions. The screening must meet the requirements of City Code Section 20 -1180, with the exception that required screening may be located on adjacent property with the written consent of the owner of the adjacent property. 9. PUBLIC ADDRESS SYSTEM. Tenant shall cease and desist the use of the public address system or other sound amplification devices that may be heard outside a building effective immediately. 10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit 31155.11 r01/27/97 -7- 0 "C", to the Court. The parties hereby stipulate to entry of said Order by ex -parte motion of either party. 11. SEVERABILITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Stipulation. 12. WAIVERS /AMENDMENTS. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Stipulation. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Stipulation shall not be a waiver or release. 13. RECORDING. This Stipulation shall run with the land and may be recorded against the title to the Subject Property. 15. NOTICES. Required notices to the Tenant shall be in writing, and shall be either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy mailed to Don Halla at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770 Creekwood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to the City Manager and shall be either hand delivered to the City Manager of the office staff, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317. 16. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the parties, their successors and assigns, and subsequent purchasers of the Subject Property. 31155.11 r01/27/97 -g- 0 0 17. JURISDICTION. The District Court shall reserve and retain jurisdiction to enforce this Stipulation and issue additional orders as it deems just and proper. 18. EQUAL PROTECTION. The City will not enforce any provision of law against Tenant unless it is enforced on all A -2 users in accordance with the equal protection doctrine. 19. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect the public's interest. 20. ENFORCEMENT. The prevailing party in any action or proceeding in court to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable attorneys' fees and other reasonable costs and expenses from the non - prevailing party. CITY OF CHANHASSEN STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) MX AND Nancy Mancino, Mayor Don Ashworth, City Manager /Clerk The foregoing instrument was acknowledged before me this day of , 1997, by Nancy Mancino and by Don Ashworth, the Mayor and City Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 31155.11 r01/27/97 -9- CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Elliott B. Knetsch, #168130 Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (612) 452 -5000 L-5 TENANT: HALLA NURSERY, INC. BY: Its AND _ Its STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1997, by and , the and of Halla Nursery, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public Mr. Robert J. Bruno, #12415 Attorney for Defendant 107 Burnsville Professional Plaza 1601 East Highway 13 Burnsville, MN 55337 (612) 890 -9171 31155.11 r01/27/97 -10- 0 • FEE OWNER CONSENT TO STIPULATION FOR ENTRY OF JUDGMENT DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee owners of the Subject Property more particularly described in the foregoing Stipulation, do hereby join in, affirm, and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the Subject Property owned by them. Dated: DONALD E. HALLA SANDRA J. CWAYNA HALLA STATE OF MINNESOTA ) -- (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997, by DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife. NOTARY PUBLIC 31155.11 r01/27/97 -11- a • EXHIBIT "B" - PERMITTED PRODUCTS PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND ORNAMENTATION OF PLANTS, LAWNS, ANIMALS AND OTHER LANDSCAPE FEATURES '•2,3.4 FERTILIZERS ' ' 2 PATIO PRODUCTS HERBICIDES ' ORNAMENTAL ITEMS FUNGICIDES' WATER PRODUCTS BIRD SUPPLIES' BULK SOILS 2 BIRD FEEDERS 1 ' 4 BAGGED MULCHES ' ' 2 BIRD HOUSES 1 ' 4 BULK MULCHES 2 BIRD BATHS ' BAGGED SOIL " WEED BARRIER FABRIC AND PINS '' SITE FURNITURE POWER AND HAND TOOLS' CONSULTATIONS SEEDS' GAUGES' SPREADERS ' TWINE ' WATERING EQUIPMENT '' POLY' INFORMATIONAL TEXT' CLOTH AND NETTING' PONDS ' ' 2 ' 3 ' ` PLANT SUPPORTS 1,4 STATUARY UARY '' 3 ' ` FOUNTAINS ' ' 2 ' 4 FENCING '' FISH AND WATER PLANS TRELLISES ' - - STPAWIMARSH HAY GAZEBOS 1.2,3 LABELS' LIGHTING' BIRDS '• CHRISTMAS TREES & ACCESSORIES 1 '� d LANDSCAPE DESIGNS 2,3 BULBS' LABOR CLOTHING' MAINTENANCE a'3 PESTICIDES' SNOW PLOWING a ' 3 CH1MES'' INSTALLATIONS 2,1 POTTERY 1'2_4 CONSTRUCTION 2,3 ANIMAL REPELLENTS 1 RECONSTRUCTION 2 3 SOD 2 REMOVAL 2,3 WOOD TIES DELIVERY " TOOL AND EQUIPMENT RENTAL 1 ' a � BOULDERS 2 SOIL AMENDMENTS'' SAND 2 . TREE, SHRUB & PLANT MAT ERIAL 1,1.1.4 EDGING''2 INSURANCE/DAMAGE, EVALUATIONS '' STRUCTURES i,z GIFT CERTIFICATES '' OUTDOOR LIVING ACCESSORIES ' ' 2 ' 3 ' ; GAMFJFARM ANIMALS & SUPPLIES i,Z,a PLAYGROUND EQUIPMENT 1.2 RETAINING WALL PRODUCTS' DRAIN TILE & ACCESSORIES'' MISCELLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PRAC- TICAL, IMPROVEMENT, OR USE OF INDOOR AND OUTDOOR LIVING SPACES 1,za,a 1 Indoor sales from the Garden Center 2 Outdoor sales 3 Indoor sales froth the Office a Sales from the Greenhouses identified as Buildings C & E on Exhibit A. 0 EXHIBIT "C" STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen, Plaintiff, VS. Halla Nursery, Inc., a Minnesota corporation, Defendant. ---------------------- - - - - -- ORDER FOR JUDGMENT • DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 /Other Civil Court File No. C8 -94 -851 ORDER FOR JUDGMENT AND JUDGMENT Based upon the Stipulation for Entry of Judgment, and upon all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is incorporated herein by reference. 2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and 30982.02 07/22/96 permanent injunctive and equitable relief to cure the violation upon application to the District Court. 3. Plaintiff's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Defendant not compensable in money damages and entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court. 4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its entirety with prejudice. 5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for Entry of Judgment, and issue additional orders as it deems just and proper. THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED ACCORDINGLY, FORTHWITH. Dated: , 1996. BY THE COURT: Judge of District Court JUDGMENT The above Order hereby constitutes the Judgment of this Court. Dated: , 1996. (Court Seal) L O IN 30982.02 07/22/96 -2- A 00 O � yS OC \ATION 100? O Z �iAm �.. `p "LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS" INC. D 2 m F 4 S OCIP 10,000 Great Plains Blvd., Chaska, Minnesota 55318 3 Miles South of Chanhassen on Hwy. 101 Phone 612 - 445 -6555 4/8/97 City Council City Planner City Manager City of Chanhassen 690 Coultier Drive P.O. Box 147 Chanhassen, Mn. 55317 Ladies and Gentlemen: This winter we had several times that the snow avalanched off of our Garden Center roof. For safety sake we feel we should install a snow and rain shed, or roof over the front door. We are requesting permission to do so. The roof would be 12 feet wide, 12 feet high (to fit under existing eve) and 16 feet long. It would be designed like a miniature greenhouse of glass, steel and poly carbonate. The structure would be bolted to our existing cement slab. If we are to do this we would need a quick decision, as the crew building our existing greenhouse is from Canada and will be through with construction very shortly. Thank you for your attention and considerations. - - 11 z *4/ -�/ I-Ialla Nursery Inc. Don E. Halla President "1'111 PL2WE 1'0 GO F01i 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 • IN SEC TI CIDES • PRUN ING • LARGE TREE MOVING INSURANCE CLAIMS • DESIGNING CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Za l� A/U a � , 6' y Z OWNER: 5,4 y" I � ADDRESS: !J. � Q 1 7 1��A / r`°J' 44 ADDRESS: v l 4V Z9 TELEPHONE (Day time) TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW /Easements Interim Use Permit Variance Non - conforming Use Permit Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees /Attorney Cost ** ($50 CUP /SPR/VACNAR/WAP /Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty -six full size folded copies of the plans must be submitted, including an 8' /2" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 0 0 PROJECT NAME S /V ® I/L) 5 Olz 'a a V A y -06 LOCATION ' / 5' LEGAL DESCRIPTION ,4 ,0 T /a HA z- z- 4 ra R LA 7' PI -41 V < A &Z' TOTAL ACREAGE WETLANDS PRESENT YES V NO PRESENT ZONING A REQUESTED ZONING PRESENT LAND USE DESIGNATION AJ REQUESTED LAND USE DESIGNATION .5,f Ad ,6 REASON FOR THIS REQUEST AV Z- / C- 5 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extniare approved by the applicant. Signature Applicant ' ° w - . Date Signature of Fee Owner Application Received on Fee Paid Date Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. l NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, July 16, 1997 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive SUBJECT: Site Plan Amendment to Construct an Entryway on Existing Building APPLICANT: Halla Nursery LOCATION: Halla Nursery E NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Halla Nursery, is requesting site plan amendment for construction of an entryway onto the existing Halla Nursery building. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmin at 937 -1900 ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 3, 1997. r 0 0 PAUL & DEBORAH GRAFFUNDER 10001 GREAT PLAINS BLVD CHASKA, MN 55318 DAVID R TEICH 1217 SOUTH MONROE SHAKOPEE, MN 55379 WALTER G & CHRIS A ARNDT 10151 GREAT PLAINS BLVD CHASKA, MN 55318 BLUFF CREEK GOLF ASSOC 1905 CONCORDIA ST WAYZATA, MN 55391 DAVID & CLARE JOHNSON 821 CREEKWOOD DR CHASKA, MN 55318 BLUFF CREEK GOLF ASSOC 1905 CONCORDIA ST WAYZATA, MN 55391 MARK D & KAY M HALLA 770 CREEKWOOD DR CHASKA, MN 55318 DONALD E HALLA & 10000 GREAT PLAINS BLVD CHASKA, MN 55318 DONALD E HALLA & 10000 GREAT PLAINS BLVD CHASKA, MN 55318 DALE & PEGGY GUNDERSON 845 CREEKWOOD CHASKA, MN 55318 DONALD E HALLA & 10000 GREAT PLAINS BLVD CHASKA, MN 55318 0 • Planning Commission Meeting - July 16, 1997 there? What's the impact of the development? If we're talking about density transfers and taking it off of a 30 acre piece here and putting it onto a 60 acre piece here, what's that mean to the 60 acre piece and the surrounding development pattern? I think that's kind of ultimately the pattern color thing that you're referring to that we intend to get to. Aanenson: Another letter that I had ... wetland projects. Actually that took up quite a bit... It does take up quite a bit of... Mark Koegler. If you look at the entire watershed, if you start the numbers games, starts out at about 6,100 acres. That's a tremendous amount of property and when you start thinking about density, well we can move it here or we can move it there. But when you really start looking at it and look at the pattern that's developed right now it becomes pockets of land in certain areas where suddenly it's more important to focus on what the impact to that pocket is consistent with the goals for the whole area. Peterson: Other questions? Thanks. Mark Koegler. Thank you. PUBLIC HEARING: REQUEST FOR A SITE PLAN AMENDMENT TO CONSTRUCT A 192 SQ. FT. ENTRY WAY ADDITION TO AN EXISTING BUILDING LOCATED AT 10,000 GREAT PLAINS BOULEVARD, HALLA NURSERY, DON HALLA. Sharmin AI Jaff presented the staff report on this item. Peterson: Questions of staff. Would the applicant or the designee wish to address the Planning Commission? If so, please come forward. Seeing none, this is open for a public hearing. May I have a motion to open it for a public hearing and a second please. Brooks moved, Joyce seconded to open the public hearing. The public hearing was opened. Peterson: Anyone please come forward to address the Planning Commission. Seeing none, may I have a motion to close the public hearing. Brooks moved, Joyce seconded to close the public hearing. The public hearing was closed. Peterson: Comments. Anything? Sidney: I guess, you know I was thinking of this in terms of, even though they have a legal use, it's still a non - conforming use. I don't know if I like that idea of expanding a non - conforming use. However, it appears that the addition that it does serve a function of providing for the health and safety and protection so I would go along with it ... would not want to see Halla come back for additional expansion... 5 Planning Commission Meeting - July 16, 1997 Peterson: Ladd. Conrad. I agree with the staff. Brooks: No comments. Peterson: May I have a motion please? Blackowiak: I'll move that the Planning Commission recommends approval of Site Plan Review #97 -8 as shown on the site plan dated received June 13, 1997 subject to the following condition. Condition number 1. Peterson: Is there a second please? Joyce: Yeah, I'll second that. Peterson: Discussion? Blackowiak moved, Joyce seconded that the Planning Commission recommends approval of Site Plan #97 -8 as shown on the plans dated Received June 13, 1997, subject to the following condition: 1. The applicant shall apply for a building permit. All voted in favor and the motion carried unanimously. PUBLIC HEARING: REQUE FOR A SITE PLAN REVIEW FOR A 30,000 SQ UARE FOO TWO STORY OFFICE BUILDING AT THE NORTHEAST CORNER OF MAIN STREET AND HIGHWAY 101 WITHIN THE VILLAGE ON THE PONDS DEVELOPMENT OFFICE SERVICES PHASE 8, AUSMAR DEVELOPMENT CO., LLC. Bob Generous presented the staff report on this item. Peterson: Questions of staff? Blackowiak: A quick question. I made a comment that there goes my major problem with the entire building in terms of adding the access onto Main Street. Can you point out on a plan or something where that access would be and also where you're hoping that the plaza will be situated. Generous: Okay, this is the main street of Villages on the Pond and here's that westerly entrance the way that ... steps up to the building. And what we're saying is the south half of this area, potentially in the existing walkway and actually create a crescent shape plaza area, a landscape on c y S 1 1 , *I** . 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