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8 SitePlanReview 10000 GrtPlnsMEMORANDUM CITYOF CHANHASSEN 7700 Market B,oule~,ard PO Box 147 Qhar~hass(x MI,~ 55317 Administration Pbon~, 9522271100 ar,') ','7 111!3 Building Inspections Ph,;~x: 952 227 !180 Fax 9522271190 Engineering Px'qe %2227 ~160 Fax 952 227 1170 Finance Fa',,',: %2 227 1~10 Park & Recreation Ph~i~ 952227 1120 Fax 952 2271110 Rec~ea!ion Gen!er 23!0 Coulter Boulevard Pi'one: 9522271400 Fax: 952227 1404 Planning & Natural Resources PI~o~(~ 952 227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone: 952227 1300 F~x %2 227 1310 Phc ~e: 952 2271125 Fax 9522271110 Web Site TO: Todd Gerhardt, City Manager FROM: DATE: SUB J: Sharmeen Al-Jaff, Senior Planner December 8, 2003 Consideration of Site Plan ff97-8 for the Construction of a Two- Story Building for Fish and Supplies, and a Greenhouse on Property Zoned Agricultural Estate District; Don Halla EXECUTIVE SUMMARY The applicant is requesting site plan review for a two-story building for fish and supplies and a greenhouse on property zoned Agricultural Estate District. The site is used as a nursery. The zoning district allows for agricultural use. It is staff' s opinion that the application for a Koi building and greenhouse is for retail sales and storage. It does not meet the agricultural definition, and therefore, it is inconsistent with the permitted use in the district. The site is operated as a Garden Center. The zoning ordinance defines a Garden Center as, "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." Garden Centers are a permitted use in the General Business District and as a conditional use in the Highway Business District. The subject site is zoned Agricultural Estate District. The use is legal non-conforming. In 1997, a Stipulation for Entry of Judgment listed conditions of approval ordered by the court. The judgment also included a list of existing buildings and uses. The requested aquatic building is not included as a use in the judgment and the greenhouse is not shown on the plans approved by the court. The requested commercial building is an intensification of a non-conforming use. ACTION REQUIRED City Council approval requires a majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public heating on November 18, 2003, to review the proposed development. The Planning Commission voted unanimously to recommend that the City Council deny the application. The summary and verbatim minutes are contained in item I a of this City Council packet. RECOMMENDATION The Planning Commission recommends adoption of the motion denying Site Plan Review #1997-8 SPR as specified in the staff report dated December 8, 2003, ATTACHMENTS Staff Report dated December 8, 2003. The City CITY OF P.C. DATE: 11-18-03 C.C. DATE: 12-8-03 REVIEW DEADLINE: 1-17-03 CASE: 97-8 SPR BY: A1-Jaff STAFF REPORT Z PROPOSAL: LOCATION: APPLICANT: Site Plan Approval for the construction of a two story building for fish and supplies and greenhouse on property zoned Agricultural Estate District. South of County Road 14 (Pioneer Trail), and west of Highway 101 (Great Plains Blvd.). Don Halla 10000 Great Plains Blvd. Chanhassen, MN Itl PRESENT ZONING: A2, Agricultural Estate District ACREAGE: Approximately 10 acres SUMMARY OF REQUEST: Site Plan Review for a two story building for fish and supplies and greenhouse on property zoned Agricultural Estate District. The site is used as a nursery. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. Halla Nursery Navcmbcr 18 December 8, 2003 Page 2 PROPOSAL/SUMMARY This request is for the construction of a two story fish and supplies storage area and greenhouse. 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. The addition is proposed to be located between Buildings A and E3 (see attached map). The footprint of the first floor is proposed to be limited to 2,000 square feet. The building is also proposed to contain a reenhouse manager's office, aquarium, water plant tanks, and marginal plant tanks. The applicant intends to use metal as the exterior material of the building. A greenhouse is proposed to be attached to the south side of this building. The site is zoned Agricultural Estate District. The district allows for agricultural use. An agricultural building for agricultural purpose is exempt from a building permit. It is staff's opinion that the application for a Koi building and greenhouse is for retail sales and storage. It does not meet the agricultural definition. Therefore, it is inconsistent with the permitted use in the district. Halla Nursery N~vcmbcr 18 December 8, 2003 Page 3 The site is operated as a Garden Center. The zoning ordinance defines a Garden Center as 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. Garden Centers are a permitted use in the General Business District and a Conditional Use in the Highway Business District. The subject site is zoned Agricultural Estate District. The use is legal non-conforming. In 1997, a Stipulation for Entry of Judgment listed conditions of approval ordered by the court. The judgment also included a list of existing buildings and uses. The requested aquatic building is not included as a use in the judgment and the greenhouse is not shown on the plans approved by the court. The requested commercial building is an intensification of a non-conforming use. There are no other changes to the site. Section 20-72 (a). states There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. Based upon the foregoing, staff is recommending denial of the site plan request. 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 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 a two story aquatic building and a greenhouse to be attached to the aquatic building. The site has a nonconforming status and the ordinance prohibits expansion of non-conforming uses. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: Halla Nursery Ne.:'cmScr 18 December 8, 2003 Page 4 (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; Finding: The site is guided residential large lot. The proposed use is not in keeping with the comprehensive plan. (2) Consistency with this division; Finding: The zoning ordinance allows garden centers as a permitted use in the General Business District and a Conditional Use in the Highway Business District only. The site is zoned Agricultural Estate District and the requested expansion is an intensification of a non-conforming use. Also, the Building Official requested the individual sewage treatment system (ISTS) on the site be evaluated by a licensed ISTS designer to determine if it is in compliance with city code and MN Rules Chapter 7080 before a building permit can be issued. (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; Finding: The proposed structure is intended to be located in a hidden area behind the main office building. (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; Finding: As stated earlier, the building is proposed to be located in an area hidden from views. The applicant has not submitted a building elevation plan showing how it relates to the surrounding buildings. However, he has explained that he intends to use metal as the main exterior material. Metal is prohibited as the main material and may only be used as an accent. (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: 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; Co 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 Halla Nursery Ne, vcmbcr 1,,° December 8, 2003 Page 5 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. Finding: The building will be hidden from views. There are no intended changes to the vehicular and pedestrian circulation. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The applicant has a legal non-conforming use. The use has been regulated through a Stipulation Agreement. The property is zoned A2 and guided Residential Large Lot. WETLANDS There do not appear to be wetlands on the subject site. GRADING No grading is proposed in the subject area. DRAINAGE Existing drainage will not be impacted. UTILITIES Halla Nursery is currently serviced by septic and well. The individual sewage treatment system (ISTS) on the site must be evaluated by a licensed ISTS designer to determine if it is in compliance with city code and MN Rules Chapter 7080 before a building permit can be issued. PARKING LOT CIRCULATION The applicant has not submitted detailed parking information. Staff counted 34 parking spaces. The addition can be classified as retail. The ordinance requires I space per 200 square feet. 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. Halls Nursery Novcmbcr 18 December 8, 2003 Page 6 LANDSCAPING No additional landscaping is shown. LIGHTING None additional exterior lighting is shown. SIGNAGE No additional signage is proposed. STAFF RECOMMENDATION Site Plan Review ¢,~rc The Planning Commission recommends that the m~..~.~ t-.~:oo;^. City Council adopt the following motion: "The Planning Commission recommends denial cf City Council denies Site Plan Review #97-8 as shown on the site plan dated received September 19, 2003, due to incomplete application. All voted in favor and the motion carried unanimously with a vote of 7 to 0. for findings listed in · ~-~ staff repo~ ;.~..a' · ........... lng. !. Approval ,of the requested expansion is not in keeping with section 20 72 which prohibits 3. T" ........,=a ........... ~ ........ a ,,.n~ ~= St. rulatien for EntO e, Judgment. Should the m~..:.g c,~oo~ .......... a ........ ~ ^c City Council approve this application, staff recommends adoption of the following motion: "The Planning Ce, remission recommends approval of City Council approves Site Plan Review #97-8 as shown on the site plan dated received September 19, 2003, with the following conditions: Building Official Conditions: a. The building is required to have an automatic fire extinguishing system. b. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. The building must have exterior walls of not less than one-hour fire-resistive construction if it is less than 20 feet from other buildings or structures. The plans submitted are not detailed enough to make an accurate determination at this time. Halla Nursery Ne,;'cmSer 18 December 8, 2003 Page 7 d. Detailed occupancy and building area related code requirements cannot be reviewed until further information is provided. e. The individual sewage treatment system (ISTS) on the site must be evaluated by a licensed ISTS designer to determine if it is in compliance with city code and MN Rules Chapter 7080 before a building permit can be issued. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. The applicant shall submit a detailed building elevations plan and utilize an exterior material permitted by ordinance. Submit Parking Lot calculations." ATTACHMENTS 2. 3. 4. Stipulation for Entry of Judgment. Letter from Don Halla dated September 23, 2003. Application. Notice of Public Hearing. Halla Nursery Nc. vcmbcr I$ December 8, 2003 Page 8 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Halla Nursery, Site Plan Review 97-8. On November 18, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Halla Nursery for the site plan approval to construct a two- story building for fish and supplies and a greenhouse on property zoned Agricultural Estate District. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District. 2. The property is guided by the Land Use Plan for Large Lots Residential. 3. The legal description of the property is: Lot 10, Block 1, Halla Great Plains Estate. Halla Nursery Ne;'cmbcr I~ December 8, 2003 Page 9 In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: 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; Finding: The site is guided residential large lot. The proposed use is not in keeping with the comprehensive plan. · Consistency with this division; Finding: The zoning ordinance allows garden centers as a permitted use in the General Business District and a Conditional Use in the Highway Business District only. The site is zoned Agricultural Estate District and the requested expansion is an intensification of a non-conforming use. Also, the Building Official requested the individual sewage treatment system (ISTS) on the site be evaluated by a licensed ISTS designer to determine if it is in compliance with city code and MN Rules Chapter 7080 before a building permit can be issued. 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; Finding: The proposed structure is intended to be located in a hidden area behind the main office building. 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; Finding: As stated earlier, the building is proposed to be located in an area hidden from views. The applicant has not submitted a building elevation plan showing how it relates to the surrounding buildings. However, he has explained that he intends to use metal as the main exterior material. Metal is prohibited as the main material and may only be used as an accent. Creation of functional and harmonious design for structures and site features, with special attention to the following: Halla Nursery N~:'cmbcr 18 December 8, 2003 Page 10 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 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. Finding: The building will be hidden from views. There are no intended changes to the vehicular and pedestrian circulation. · 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. 5. The planning report Site Plan Review #1997-8, dated November 18, 2003, prepared by Sharmeen A1-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the Site Plan Review Application #1997-8 as shown on the site plan dated Received September 19, 2003. Halla Nursery Nc. vcmbcr 1~ December 8, 2003 Page 11 ADOPTED by the Chanhassen Planning Commission this 18th day of November, 2003. ATTEST: CHANHASSEN PLANNING COMMISSION BY: Secretary Its Chairman ~Z II I~ / / A C F H L- N' P Q ,d ¥ = OFFICE, C_.~At~QF. ANP - EXISTtN~.:~SENHOUSE$ Go'~ = SHAD'E.~ HOUS~ GO', 140' ~ PO~ih4~ AND STOEA~ BUILDtN~ =FU~M~ STO~E ¢IN5 0~, P~ODUCT FAtbiTS = PA~tH ~ = 0UTDOO~ DISP~ OP MATB~IAL5 S~ ~$B,~,QWir~G, AND OUTDO0~ 0FP~~ mAT~iAL$, OR SUPPUIES PAD~-~T~ O~ = DI,REC.T~0HAL O~, ~AFBTy Si ~.~,4Ae~ = FUTU&B = LAND'AP5 50''~ DIbPLAY 'TS TI© DIP-,BCTIONAL =GAP, DFi, M C, BNTB~ OB, 51QNACaF__. TIX. TIQ 7f7 'TIS %,QE, NEF, AL OFFICE. ~ L. AHDSCAPtB OF~IO~ ~8"* = BALLED AND ~HB~APPED TRE~S AND SHP:,U59 GR~_NHOUS~ IP ~.e4" CHi~PF~N'5 P~h' AF.P~ 1~'~* 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 JUDGMENT STIPULATION, made this 10th day of February, 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 31155.12 Chanhassen/Hat[a Nursery, Inc. r02/03/97 was obtained. Tenant has since used the Garden Center for retail sale of goods to the general public. WHEREAS, in May 1994, the City inspected the Garden Center. The City Building Official found that the Garden Center did not comply with the Uniform Building Code ("UBC") requirements for a B-2 occupancy. WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeking to permanently enjoin Tenant's operation of a retail commercial business from the Garden Center unless a Building Permit was obtained, the necessary requirements for a B-2 occupancy were satisfied and a certificate of occupancy issued. WHEREAS, Tenant has obtained a Building Permit and has complied with the March 20, 1995 Letter of Understanding and completed all requirements for a B-2 occupancy for the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate. WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the City's Complaint. WHEREAS, the Tenant and City want to provide for the long term land use of the Subject Property. WHEREAS, the City is desirous of exercising its zoning and police powers for the public good. WHEREAS, the parties desire to amicably resolve and settle their differences and to avoid the cost of further litigation. NOW, THEREFORE, the parties stipulate as follows: 31155.12 Chanhassen/Halla Nursery, Inc. r02/03/97 -2- 1. APPROVAL. Except as otherwise provided herein, the Subject Property shall be subject to the requirements of the City's Zoning Ordinance, as may be amended from time to time. Except as allowed by the Zoning Ordinance, no permitted, conditional, or interim uses are allowed, however, except for the following uses at the locations identified on the Site Plan, Exhibit "A", unless the use is approved in advance by the City Council. A. Office, Garage, Sales Building K. B. Garden Center L. C. Existing Green Houses M. D. Shade House N. E. Future Green Houses O. Storage Building Play Area/Gazebo Truck/Storage Building Potting/Storage Building Pump House Po LY. V. Storage In Bins Peacock Barn Game Barn Bridge Future Storage Bins or Product on Pallets Parking Outdoor Display of Materials Storage, Growing and Outdoor Display of Plant Materials, or Temporary Storage of Supplies on Pallets or Wheels, excluding trailers longer than 16 feet Permitted Signage Directional or Safety Signage (T1 - T18) Future Pergola Landscape Yard Pond Easement Area. These designated buildings and uses may continue in compliance with this Stipulation unless such buildings or uses have become a public nuisance as determined by a court of competent jurisdiction. 2. PLAN APPROVAL. The City hereby approves the Site Plan dated January 27, 1997, prepared by Tenant and attached hereto as Exhibit "A". The use of the Subject Property shall be in accordance with Exhibit "A" and Exhibit "B". If the Site Plan varies from the written terms of this Stipulation, the written terms shall control. 31155.12 Chanhassen/Hatta Nursery, Inc. r02/03/97 -3- 3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit "A" may not be enlarged beyond its current footprint, nor may a basement or second story be added, unless approved in advance by the City Council. A. Retail Sales - Defined. Retail sales means sales to the general public of the products listed on the attached Exhibit "B". (Permitted Products). B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as expressly allowed pursuant to this Stipulation and Exhibit "B". C. Allowed Retail Sales. The general public may enter and use the Garden Center, Greenhouses, Shade House, Office and the outdoor areas shown as K, O, Q and R for the purpose of viewing, selecting and purchasing Permitted Products. All cash register checkout activity must take place inside the Garden Center. D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales are permitted may not be expanded or relocated on the Subject Property, Exhibit "A", without the prior written approval of the City. E. Expansion of List of Permitted Products. The list of Permitted Products may not be expanded without the prior written consent of the City. The list of Permitted Products may not be expanded without the prior written consent of the City, to include power tools which are not hand held, farm implements, motor vehicles, snow plows or snow plow blades, or recreational vehicles or non-handheld equipment of any kind. F. Inspection. The City may inspect those portions of the Subject Property and buildings which are open to the general public, without advance notice to the Tenant, during the business hours when those portions of the Subject Property and the buildings are open to 31155.12 Chanhassen/Hat[a Nursery, Inc. r02/03/97 -4- the general public. The City agrees to conduct the inspections in a reasonable manner, and without any undue disruption to Tenant's use of the Subject Property. 4. NURSERY. A. Nursery Stock and Nursery Equipment - Defined. Nursery stock means flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by Tenant used for growing, storage, digging, installation or display of nursery stock. B. Indoors. The buildings on the Site Plan identified as C, D, E, F, H, I, L and M may be used for growing, storage and display of nursery stock, nursery supplies, Garden Center supplies, and nursery equipment. C. Outdoors. The outdoor area identified as R may be used only for storage, growing and outdoor display of plant materials, or supplies on pallets or wheels. D. Expansion of Nursery. The buildings and outdoor areas where nursery activities are permitted may not be expanded or relocated on the Subject Property, Exhibit "A" without the prior written approval of the City Council. 5. LANDSCAPE YARD. A. Defined. Landscape Yard means an area or use of land where vehicles, equipment and materials commonly uses by nurseries and landscaping contractors are stored or serviced. B. Approval. The outdoor areas identified on the Site Plan as LY = Landscape Yard may be used for a Landscape Yard. C. Screening. The outdoor areas identified as LY on the Site Plan must be screened, fenced or landscaped to provide effective screening of all vehicles, materials and equipment from public streets and any property not leased or owned by Tenant. The 31155.12 Chanhassen/Hatla Nursery, Inc. r02/03/97 -5° 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. D. Buildings. The buildings identified as A, F, H, I and J may be used for storage of vehicles, equipment and materials used in conjunction with the Landscape Yard. E. Expansion of Landscape Yard. The buildings and outdoor areas where Landscape Yard activities are permitted may not be expanded or relocated without the prior written approval of the City Council. 6. SIGNAGE. A. Permitted Signage. The following signs are allowed: 1. Existing sign on the roof of the Garden Center. 2. Existing sign at the entrance to the Subject Property from Highway 101, or an updated pylon sign of the same height and square footage. 3. One off premises directional sign may be placed in the southeast quadrant of the intersection of Highway 101 and Pioneer on Lot 2, Block 1, Halla Great Plains Addition. The sign content shall be as approved by City Staff in the sign permit. The sign may not exceed eight (8) feet in height and seventy-two (72) square feet in size per sign face. The sign may have two sides back-to-back or "V" shaped. The sign shall not be lit. Before erecting the sign, a sign permit must be obtained from the City. The sign must be removed when the lot on which it is located is sold. 4. Plant identification signs not to exceed two (2) square feet each. B. Directional/Safety Signage. On-site directional and safety signage as shown on the Site Plan. Additional on-site directional and safety signage may be allowed provided that it is approved by City Staff. 31155.12 Chanhassen/Nat[a Nursery, Inc. r02/03/97 -6- 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 may retain the existing public address system, provided that Tenant shall permanently remove and disconnect all speakers or other sound amplification devices located outside of a building by February 15, 1997. The public address system or other sound amplification devices shall be operated so that it 31155.12 Chanhassen/Ha[ta Nursery, Inc. r02/03/97 may not be heard by the human ear at the setback line of any property not leased or owned by Tenant. 10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit The parties hereby stipulate to entry of said Order by ex-parte motion of "C", to the Court. 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. 14. 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, 31155.12 Chanhassen/Ha[[a Nursery, Inc. r02/03/97 -8- 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. 15. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the parties, their successors and assigns, and subsequent purchasers of the Subject Property. 16. JURISDICTION. The District Court shall reserve and retain jurisdiction to enforce this Stipulation and issue additional orders as it deems just and proper. 17. 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. 18. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect the public's interest. 19. 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 Nancy ~vlhncicoTMayor Don Ashworth, ~-t~ Manager/Clerk 31155.12 r02/03/97 -9- Chanhassen/Ha[[a Nursery, Inc. STATE OF MINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this ~ ht ~ . day of .~~ , 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and City Manage((~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. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Elliott B. Kn&s~h, //168130 Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (612) 452-5000 CARVER COUNTY 31155.12 Chanhassen/Ha[ta Nursery, Inc. r02/03/97 -10- TENANT: HALLA NURSERY, INC. STATE OF MINNESOTA ) ) SS. COUNTY OF D/~ r. era ) The foregoing instrument was acknowledged before me this A-/Z--day of ./:::E~£¥,,c c;dzf_.~ , 1997, by Dc/U ~, //--'eL t_/4 and //q~-~/< Z¢ /-/4 z ~..q , the ?~Z4:5, oc~' ;'~ and said corporation. BY: Mr. Robert J. Bruno, #12415 Attorney for Defendant 107 Burnsville Professional Plaza 1601 East Highway 13 Burnsville, MN 55337 (612) 890-9171 of Halla Nursery, Inc., a Minnesota corporation, on behalf of Notary Public 'S ~ ~OBE~T J L~p~ Not~rv Public- Minn~o~ .~' $~3~,~ Dakota ~ounty ~ ~v Comm~% or~ Expires 11~1/~000~ DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (612) 452-5000 EBK 31155.12 r02/03/97 -1 1- Chanhassen/Hatta Nursery, Inc. 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. DONALD E. HALLA a/kTa Don E Haila STATE OF MINNESOTA ) ( SS. COUNTY OF '.7').4E c, r'/¢ ) The foregoing instrument was acknowledged before me this ~-- ~ day of F-wg;'~ L.L.¢g }/ , 1997, by DONALD E. HALLA and-SAi',/DR:AJTCW-AYNA-HALLAx- husband and wife. Iz~---~ ANN M. WALDSCHMIDT l~jT~ NOTARY PUBLIC - MINNESOTA ~ HENNEPIN COUNTY ~ MyComm. Expires Jan. 31, 2000~ AND SANDRA J. CWAYNA HALLA NOTARY PUBLIC for Donald E. Halla -~.~%.f.~",~ N0tan/Public- Minnesota ~ '~ ~:~ Dakota County ~ 31155.12 Chanhassen/HaLta Nursery, Inc. r02/03/97 -12- EXHIBIT "B'- PERMITTED PRODUCTS PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND ORNAMENTATION OF PLANTS, LAWNS, ANIMALS AND OTHER LANDSCAPE FEATURES FERTILIZERS HERBICIDES ~ FUNGICIDES ~ BIRD SUPPLIES: BIRD FEEDERS BIRD HOUSES :'~ BIRD BATHS WEED BARRIER FABRIC AND PINS POWF~ AND HAND TOOLS ' SEEDS ~ SPREADERS: WATERING EQUIPMENT INFORMATIONAL TEXT x PONDS STATUARY FENCING TREI.LISES :.z~,~ GAZEBOS Lza LIGHTING CHRISTMAS TREES & ACCESSORIES ~':~ BULBS l CLOTHING ~ PESTICIDES: CHIMES ~'~4 POTTERY ANIMAL REPELLENTS ~ SOD: WOOD TIES: TOOL AND EQUIPMENT RENTAL :'~ SOIL AMENDMENTS TREE, SHRUB & PLANT MATERIAL :'2';'~ INSURANCE/DAMAGE EVALUATIONS :'a GIFT CERTIFICATES ;a G~ARM ANIMALS & SUPPLIES RETAffNING WALL PRODUCTS ~ PATIO PRODUCTS :'~ ORNAMENTAL ITEMS WATER PRODUCTS BULK SOILS: BAGGED MULCHES la BULK MULCHES :~ BAGGED SOIL SITE FURNITURE CONSULTATIONS t.~,~ GAUGES ~ POLY ~ CLOTH AND NETTING t PLANT SUPPORTS FOUNTAINS t,~,~ FISH AND WATER PLANS STRAW/MARSH HAY: LABELS: BIRDS LANDSCAPE DESIGNS LABOR TM MAINTENANCE :.3 SNOW PLOWING INSTALLATIONS CONSTRUCTION RECONSTRUCTION za REMOVAL TM DELIVEKY BOULDEKS: SAND: EDGING STKUCTURES OUTDOOK LIVING ACCESSORIES PLAYGROUND EQLrlP~T 1,2 DKA1N TILE &ACCESSOKIES MISCELLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PRAC- TICAL, IMPROVEMENT, OR USE OF INDOOR AND OUTDOOR LIVING' SPACES ~ Indoor sales from the Glrden Center 2 Outdoor sales ~ Indoor sales from the O~ce ~ Sales from the Greenhouses identified as Buildings C & E on Exhibit A. STATE OF MINNESOTA COUNTY OF CARVER -FILED MAR - 6 1997 CARVER COUNTY COURTS City of Chanhassen, VS. Halla Nursery, Inc., a Minnesota corporation, Plaintiff, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10/Other Civil Court File No. C8-94-851 ORDER FOR JUDGMENT AND JUDGMENT ORDER FOR JUDGMENT 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. 30982.02 EXHI]3I'~TM "C" 07/22/96 (Court Seal) Dated: March 6, 1997 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. BY THE COURT: JUDGMENT The above Order hereby constitutes the ludgment of this Court. A~i~s~a tor / 30982.02 07/22/96 -2- Document No: STATE OF MINNESOTA CARVER COUNTY RECORDER (Abstract Department) ~i,,~og ~ee: / ~ ~° copy ~ee: Check No: ,./ 7 ~) ,~ Cash __ Carl W. Hanson Jr,, Coun~ R~order 09/23/2003 TUE 16:30 Arn¢l.'lcan NurSery 6¢ FAX 952 445 6557 HALLA NURSERY INC [~002/002 LANDSCAPE DESI&NE~$, GROWERS, INSTALLERS ~ PoND BUILDERS, TREE MOVERS, GARO~N CENTER & GREENI4OUSES 10~0110 Great Plains BIv~.. Chaake, Minnesota 55318.9465 Located on Hwy. 101, 3 Miles South of Hwy. 5 I1~ Chenhesse{1 Phone 952445-6555 Fax 95;?..445-6557 City of Chanhassen Attn. Sharmin Al-jaff Dear Sharmin, I'm Writing to inform you that Halla Nursery, inc. Needs a building to house our pond supplies, water plants, Koi, Goldfish, ect. This ~vould not be energy efficient as fish need to be kept at a water temperature of 55-70 degrees, and U.V. light ruins the printing packaged supplies: pumps, filters, etc. We therefore need to build a pole barn building (like the other building we presently have). The building would be located behind our office building as shown on our site plan. We are limited to a 2,000 sq. ft. inside dimension foot print, by fire code. Therefore, we need a second floor for storage of supplies ect. We would also have a managers' office, aquarium, water plant tanks, and marginal plant tanks in the building and the greenhouse attached to the south of the pole barn building attached to the south of this building. Our aquatic department, pond and waterfall area is growing rapidly. We need appropriate space to serve our customers demands. Thank for your time and considerations. Sincerely, Don E. Halla Halla Nursery, Inc. 10,000 Great Plains Blvd. Chaska, MN 55318 952-445-6555-Ext.-101 612-282-6672 Cell "THE, PLAC£ TO GO FOR PLANTS THAT GROW" YOUR "STATE AND NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING ILl ::3 z EMPLOYEE PARKING PULLED AREA BLOCK 26 ~ BLOCK 25 BLOCK 24 , ~ BLOCK 21 BLOCK 23 ~ PLAY AREA BLOCK 22 BLOCK 19 ~ ~ BLOCK18 IBLOCK 15 ~ BLOCK 14 ~, IBLOCK 11 ~ BLOCK 10 BLOCK 7 ~ ~ BLOCK 6 ~, IBLOCK 3 ~ BLOCK 2 IBLOCK 20, BLOCK 17 IBLOCK 16 ~ BLOCK 13 BLOCK 12 ~ ~ BLOCK 9 BLOCK 8 ' > ~ BLOCK 5 BLOCK 4 ~ ~ BLOCK 1 GARDEN CENTER GROWING GREEN HOUSE PERENNIAL PULLED AREA SHADE HOUSE RETAIL GREEN HOUSE OFFICE GARAGE STORAGE SHED PARKING LOT PARKING PARKING PARKING SOD CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Day time) _/: .q / /v.A TELEPHONE: ~ ~'".~-. ~ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* __ Rezoning __ Sign Permits __ Sign Plan Review / V/Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal __ Zoning Ordinance Amendment __ Notification Sign X Escrow for Filing Fees/Attorney Cost** CBUPISPRNACNAR/WAPIMetes ounds, $400 Minor SUB) TOTAL FEE $ ~ D~:), O~ 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 81/2" X 11" reduced copy 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. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE REQUESTED ZONING __ YES ~ NO PRESENT LAND USE DESIGNATION ./~ ~ REQUESTED LAND USE DESIGNATION ~ 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 Depadment 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 ~equimE~nts and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension'"~ development review. Developmel~t review shall be completed within 120 days unless additional review e~de0.S..~s ar~pp roved by the app.? //~// Sign-a_ture 0~pplicant"" .,',,'~ /")// v , / SignaTure of Fee uwner ua~e Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 4, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Site Plan Review for a Two-Story Building and a Greenhouse on Property Zoned Agricultural Estate District, Halla Nursery to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Ka~en)J. Engelhar~(t, Dep~y Clerk / Subscribed and sworn to before me this __ day of ,2003. Notary Public g:\eng\forms\affidavit.doc NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Site Plan Review for a Two-Story Building and a Greenhouse on Property Zoned Agricultural Estate District APPLICANT: Halla Nursery LOCATION: 10000 Great Plains Boulevard NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Halla Nursery, is requesting site plan approval for a two-story building for fish and supplies and a greenhouse on property zoned Agricultural Estate District, located at 10000 Great Plains Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. 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 Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. 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 November 6, 2003. 10000 Great Plains Blvd. BLUFF CREEK GOLF ASSOC 1025 CREEKWOOD DR CHASKA MN 55318-9647 CONRAD L KERBER 9850 DELPHINIUM LN CHASKA MN 55318-1176 DALE ALAN GUNDERSON 845 CREEKWOOD DR CHASKA MN 55318-9643 DAVID R TEICH 1217 MONROE ST S SHAKOPEE MN 55379-2062 DAVID S & CLARE M JOHNSON 821 CREEKWOOD DR CHASKA MN 55318-9643 DONALD E HALLA & SANDRA J CWAYNA HALLA 10000 GREAT PLAINS BLVD CHASKA MN 55318-9465 GERALD R JR & SHELLY D COOK 7265 BUTTERSCOTCH RD EDEN PRAIRIE MN 55346-3232 JAXON D & ALLISON L LANG 9870 DELPHINIUM LN CHASKA MN 55318-1176 JOHN & ANNA MAE MAKELA 9860 RASPBERRY HL CHASKA MN 55318-1180 KAY M HALLA 770 CREEKWOOD DR CHASKA MN 55318-9620 KEN K HOLMBERG & NANCY J ROSSBERG 9885 RASPBERRY HL CHASKA MN 55318-1180 LISA CUFF 9855 DELPHINIUM LN CHASKA MN 55318-1176 MARYANNE M WHITE 670 CREEKWOOD DR CHASKA MN 55318-1149 SHAWN S & NICOLAS SMITH 18614 CLEARVIEW DR MINNETONKA MN 55345-6078 THOMAS J & KATHLEEN R GERTZ 10001 GREAT PLAINS BLVD CHASKA MN 55318-9466 VIVEK KAUL & SHERYL R EBERT 14329 RAYMOND LN EDEN PRAIRIE MN 55347-4178 WALTER G & CHRIS A ARNDT 10151 GREAT PLAINS BLVD CHASKA MN 55318-9469 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 Pioneer Trail ~