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5 Green Gardens CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I DA TE: May 8, 2006 5 SUBJ: Proposed Amendment to Interim Use Permit #92-2 GREEN GARDENS - 850 Flying Cloud Drive Planning Case 06-15 OGi- EXECUTIVE SUMMARY The applicant is requesting an amendment to Interim Use Permit #96-2 for expansion of the wholesale/retail nursery use. IUP #96-2 was approved with a site plan that split the property into four sections (Areas 1-4). In the fall of 2004 and spring of 2005, staff found the use in non-compliance with the IUP. The proposed expansion of the nursery use will basically consist of a rearrangement of permitted uses in relation to their area designations. ACTION REQUIRED City Council approvaLrequires>amajority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on April 18, 2006, to review the proposed amendment to Interim Use Permit #96-2. The Planning Commission voted 5 to 0 to approve the proposed Interim Use Permit Amendment. The Planning Commission minutes are attached to this report as item 2. RECOMMENDA TION Staff and Planning Commission recommend the adoption of the motion approving the proposed amendment to Interim Use Permit #96-2 as specified on pages 9-11 in the staff report dated April 18, 2006 with conditions 1-31. ATTACHMENTS 1. Revised Planning Commission Staff Report Dated.May8, 2006. 2. April 18, 2006 Planning Comrnission Minutes. g:\plan\2006 planning cases\06-l5 green gardens iupamendment\executive sUmIIlary.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. ~ z < u ~ ~ ~ ~ < < ~ < Q ~ ~ ~ 00. PC DATE: April 18, 2006 w CC DATE: May 8, 2006 CITY OF CHANHASSEN REVIEW DEADLINE: May 16,2006 CASE #: 06-15 BY: Josh Metzer, et. al. STAFF REPORT PROPOSAL: Request for an amendment to Interim Use Permit #96-2 for expansion of the wholesale/retail nursery use. LOCATION: Northwest of the intersection of Highway 212 and Highway 101 850 Flying Cloud Drive APPLICANT: Skip Cook (property Owner) 15506 Village Woods Drive Eden Prairie, MN 55347 612-750-5887 Keith Werner (Green Gardens) 850 Flying Cloud Drive Chaska, MN 55318 612-220-8554 PRESENT ZONING: Agricultural Estate District (A2) 2020 LAND USE PLAN: Residential- Medium and High Density and Office ACREAGE: 10.9 DENSITY: N/A SUMMARY OF REQUEST: Request for an amendment to Interim Use Permit #96-2 for expansion of the wholesale/retail nursery use. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. Green Gardens Interim Use Permit Amendment 850 Flying Cloud Drive Planning Case No. 06-15 City of Chanhassen Bluff Creek Golf Course \ \ \ '--- Raguet Wildlife Management Are ~~e ~Ov.o. \J ~ 2 f\,/\n9 G \)S2\ I "'''-. i ~ + Valley National Wii~llfe R ~ \ \ ~ \ ,//) \ /" Raguel Wildlife Management Are \ Green Gardens IUP Amendment Planning Case No. 06-15 :\pFil 1 g May 8, 2006 Page 2 PROPOSAL/SUMMARY The applicant is requesting an amendment to Interim Use Permit (IUP) #96-2 to allow for the expansion of the existing wholesale/retail nursery use. Interim use permits and amendments to them are processed in the same manner as conditional use permits. The project site is located in the northwest quarter of the intersection of Highway 212 and Highway 101. Immediately to the north ofthe subject property are the Hennepin County Regional Trail Corridor and a single-family home on a 1.2 acre parcel. To the east across Highway 101 is the Brookside Motel. To the south across Highway 212 is Golf Zone, formerly known as Rain, Snow or Shine Golf. And to the west is a 6-acre parcel used for agricultural purposes. The site has two access points, one gained via Highway 212 (Flying Cloud Drive), the other gained via Highway 101 (Great Plains Boulevard). APPLICABLE REGULATIONS Sections 20-231 through 20-237, Conditional Use Permits Section 20-320 through 20-323, Interim Use Permits Sec. 20-268. Wholesale and retail nurseries. 1. Intent. It is the intent of this section to recognize that preexisting retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments predate 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 pennit by the city council. 2. The following conditions will apply to wholesale and retail nurseries: a. The site must be on a collector or minor arterial as identified in the comprehensive plan. b. The minimum lot size is five acres. c. All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater. d. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using benns, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or benning. e. 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. f Light sources shall be shielded. g. No outside speaker systems shall be allowed without approval from the city council. Green Gardens IUP Amendment Planning Case No. 06-15 .A4~ftl 1 g May 8, 2006 Page 3 h. 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. l. One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight 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. BACKGROUND On March 11, 1996, the City Council, upon recommendation from the Planning Commission, approved an ordinance amendment permitting wholesale and retail nurseries in the A-2 district as an interim use. On July 8, 1996, the City Council approved IUP #96-2 for a wholesale and retail nursery, and a 250-foot Variance from the 300-foot setback requirement from residential property. The subject property has been used as a farmer's market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in 1972. Sunny Acres produce stand occupied the subject property prior to the site being used as a nursery. Use of the property for retail purposes predates the City's Zoning Ordinance. The site contains four structures: the primary retail building measuring 40' x 50' (2,000 square feet) in area, two white storage structures measuring 32' x 40' (1,280 square feet) each, and one greenhouse. In the fall of 2004 and spring of 2005, staff conducted inspections of the subject property to determine compliance with the conditions of IUP #96-2. It was discovered that the tenant (Green Gardens) was in violation of several of the IUP conditions. The tenant was informed that the site must be brought into compliance or the IUP would need to be amended to allow the expanded use. A notice of noncompliance dated June 2, 2005 is attached. IUP ANALYSIS IUP#96-2 was approved with a site plan that split the property into four sections (Areas 1-4). The proposed expansion of the nursery use will basically consist of a rearrangement of permitted uses in relation to their area designations. The proposed use is as follows with changes requiring amendment underlined: Area 1: Retail building, two existing storage buildings, a greenhouse, nursery equipment storage, waste disposal, customer parking, sales display area and a future storage shed/supplementary office building. The use of Area 1 must be amended to permit the addition of a third storage shed. All waste disposal areas shall be in a screened enclosure. The existing retail building offers limited office space for the purposes of wholesale trade. The applicant is proposing to create office space in a portion of the proposed third storage building for the sole purpose of serving wholesale customers. Staff is recommending the storage shed be of compatible design, materials and color to those of the Green Gardens IUP Amendment Planning Case No. 06-15 .AA~fill g May 8, 2006 Page 4 existing storage sheds. A building permit must be obtained and the structure must comply with the Minnesota State Building Code. As a temporary supplement for extra office space, the applicant is proposing to maintain the use of a mobile office trailer (pictured in June 2,2005 letter). Staff is recommending the applicant be allowed to utilize the trailer through November 30, 2006. The trailer must be permanently removed from the property no later than December 1, 2006. The parking area has been moved from in front of the building and along the southeast property corner and will be relocated along the side of and behind the existing retail building. Area 2: Growing range for in-ground, potted and balled nursery stock, display garden, storage bins for stone and mulch, future greenhouse, future parking and a decorative pergola walkway/display. If storage bins for stone and mulch are permitted in Area 2, then staff is recommending they be screened from Highway 212 with landscaping. Area 3: Hard ~wods storage (stone and rock storage bins, storage of pallets containing stone/block). Staff has determined that the slope behind Area 3 is not a bluff. The applicant is proposing to plant a row of trees along the ridge that separates Area 2 from Area 3. The purpose of landscaping this area is to screen the hard goods storage (Area 3) from public view. Staff is recommending a mixture of evergreens, ornamental trees and shrubbery be planted along this ridge. Staff agrees with the applicant that Area 3 is more suitable for the storage of hard goods than Area 1. With the proposed screening of Area 3, the site will become more aesthetically pleasing. Area 4: It is envisioned that this area will be used for storage of overflow nursery stock (i.e. mulch, trees, plants and shrubs. The existing monument sign does not comply with City Code. Staff is recommending that the applicant work with staff to bring existing signage into compliance with City Code. The monument sign shall be set back a minimum of 25 feet from the property line. The total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet in height. The existing tanks for storage and dispensing of fuels into motor vehicles do not meet Minnesota State Fire Code. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, the applicant must meet the attached conditions regarding fire code or city ordinance/policy requirements. The site plan review is based on the available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. Enclosed are copies of the installation of aboveground tanks for dispensing fuels into motor vehicles. This information should assist the owner with the correct way to install the tanks/dispensing equipment. Staff feels the proposed changes are reasonable and will improve the overall aesthetics of the nursery center. Therefore, staff is recommending approval of the proposed IUP amendment with conditions. Green Gardens IUP Amendment Planning Case No. 06-15 .A.<~ril 1 g May 8, 2006 Page 5 GRADING/DRAINAGE/EROSION CONTROL Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. This will eliminate the possibility of materials being dumped in the drainage way. The accumulation of nursery waste shall not be permitted on site. The presence of an on-site dumpster will eliminate the dumping problem. Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be modified or changed through grading as part of the IUP amendment activities. If active grading, earthwork or landscaping activity exceeds one acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site the City may require the applicant to make corrections and stabilize soil. Staff is recommending that all drive lanes be surface with a Class V gravel base or similar material to minimize erosion potential. LANDSCAPING The landscape requirements for Green Gardens include parking lot landscaping and bufferyard plantings. Vehicular use areas of 6,000 square feet and larger require interior landscape features such as landscape islands and/or peninsulas. Based on preliminary measurements of the proposed parking and drive areas it appears that these islands or peninsulas and corresponding tree plantings will be required. The applicant shall submit vehicular use area measurements. The parking areas will also require screening from Highway 212. These plantings are to be located between the road and the parking lot. In the proposed plan, the parking area is located at the property line. The lot will have to be moved north in order to accommodate plantings along Highway 212. Screening may also be required in front of the stone sales area and mulch bins depending on the visibility of these areas from Highway 212. FINDINGS The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed use will not be detrimental to or endanger the public health or safety if the appropriate conditions are attached to the permit. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Green Gardens IUP Amendment Planning Case No. 06-15 .'\pFill g May 8, 2006 Page 6 Finding: The proposed use is consistent with the City's comprehensive plan and zoning ordinances. Staff sees this use as a temporary use of the site until municipal sewer and water are brought to the property. At that time the use may change to a more intensive use. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed use will be operated in a manner which is consistent with other uses and compatible in appearance with the general vicinity subject to compliance with the conditions of the permit. Additional buffering should be provided along TH 212. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the existing use will not be hazardous or disturbing to existing or planned neighboring uses. There is an existing home to the north, a motel to the east, a golf course to the south and an agricultural use to the west. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed use will be served by adequate public streets, private well and septic system. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not be detrimental to the economic welfare of the community. The use is proposed to be temporary until municipal services are brought to the site. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Expansion of the existing nursery operation by adding additional storage, growing areas, display areas and parking will not further impact adjoining properties or the general welfare if the conditions of the permit and complied with. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The nursery operation will utilize the existing access points onto Highway 212 (Flying Cloud Drive) and Highway 101. The site is accessible from Highway 101 and Highway 212. Green Gardens IUP Amendment Planning Case No. 06-15 <A~~Fil 1 g May 8, 2006 Page 7 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The nursery operation will not result in the destruction, loss or damage of solar access, natural, scenic, or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: The nursery will be aesthetically compatible with the surrounding area with compliance of the conditions of the permit. 11. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values if the conditions of the permit are met. 12. Will meet standards prescribed for certain uses as provided in this ordinance. Finding: The nursery will meet applicable standards with the exception of revised locations of storage areas. Section 20-383. General issuance standards. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds that such use at the proposed location: 1. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. 2. Conforms to the zoning regulations. 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future: and 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Findings: The nursery operation meets the above standards. Staff has recommended conditions which should allow the use to be compatible with adjacent properties and the provisions of the City Code. Sec. 20-268. Wholesale and retail nurseries: 1. The site must be on a collector or minor arterial as identified in the comprehensive plan. Green Gardens IUP Amendment Planning Case No. 06-15 "A...fJFill g May 8, 2006 Page 8 Finding: The property is located on collector/arterial streets. 2. The minimum lot size is five acres. Finding: The property is over ten acres in area. 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. Finding: The applicant is permitted to maintain a 50 foot setback from all property lines as part of !UP #96-2. 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. Finding: One residential property is located to the north of the existing business. A partial buffering is provided with the existing vegetation and landscaping. If the storage of equipment is permitted in Area 4, then additional vegetation and landscape plantings must be planted to provide a 100% buffer to the adjoining property. 5. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. The City Council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the Comprehensive Plan. Finding: The hours of operation will comply with those stated above. 6. Light sources shall be shielded. Finding: Any proposed lighting shall be done in a manner as not to infringe upon neighboring properties or negatively impact traffic on the adjoining roadways. 7. No outside speaker systems shall be allowed. Finding: No speaker system shall be allowed. 8. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. Finding: The termination date of this permit will coincide with the availability of public sewer and water service. Green Gardens IUP Amendment Planning Case No. 06-15 .^4~:Fil 1 g May 8, 2006 Page 9 9. One wall sign not to exceed ninety (90) square feet, and one monument sign not exceeding twenty-four square (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The Council may further restrict the size and location of signs if the use is located to adjacent to property guided residential as identified in the Comprehensive Plan. Finding: All signage shall comply with these standards. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the amendment to Interim Use Permit #96-2 allowing the expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: 1. The applicant shall submit vehicular use area measurements. 2. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. 3. The applicant shall install overstory trees in the parking area in quantities as required by City Code. 4. Bufferyard plantings will be required along Highway 212 to screen the parking lot. 5. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from Highway 212. 6. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. 7. The accumulation of nursery waste shall not be permitted on site. 8. Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the IUP amendment activities. 9. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. 10. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. Green Gardens IUP Amendment Planning Case No. 06-15 .~.llIill g May 8, 2006 Page 10 11. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 12. Applicant must fill out the aboveground storage tank installation permit application. 13. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. 14. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. 15. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. 16. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. 17. The applicant will be allowed to utilize the trailer through November 30,2006. The trailer must be permanently removed from the property no later than December 1,2006. 18. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. 19. Area 4 shall not be used for the storage of equipment, materials or vehicles associated with the nursery. Storage or display of nursery stock is permitted in Area 4. 20. A 50-foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. 21. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and ~ 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7 :00 a.m. to 10:00 p.m. 22. Exterior light sources shall be shielded. 23. No outside speaker system shall be allowed. 24. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. 25. The applicant shall work with staff to develop signage that will comply with city ordinances. 26. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. Green Gardens IUP Amendment Planning Case No. 06-15 .'\rFilI2 May 8, 2006 Page 11 27. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. 28. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. 29. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. 30. No grading of the property shall be permitted unless a grading permit is obtained from the City. 31. The applicant shall work with MnDOT in examining the possibility of relocating the access point on TH 212 further to the west and providing a deceleration lane along westbound TH 212 in conjunction with the Highway 212 improvements. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Letter from Keith Werner to the City dated March 15,2006. 4. Memo from Mark Littfin to Josh Metzer dated, April 7, 2006. 5. Letter of Noncompliance with IUP #96-2 dated June 2, 2005. 6. Interim Use Permit #96-2. 7. June 19, 1996 Planning Commission Minutes. 8. July 8, 1996 City Council Minutes. 9. Affidavit of Mailing Notice. 10. Original Site Plan dated July 8, 1996. 11. Proposed Site Plan dated March 31, 2006. g:\plan\2006 planning cases\06-15 green gardens iup amendment\cc update. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Skip Cook & Green Gardens for an amendment to Interim Use Permit #96-2 to expand the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) at 850 Flying Cloud Drive - Planning Case No. 06-15. On April 18, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Skip Cook & Green Gardens for an amendment to Interim Use Permit #96-2 to expand the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) at 850 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed conditional use permit that 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 (A-2). 2. The property has a Land Use Designation of Residential- Medium and High Density and Office. 3. The legal description of the property is: See attached "Exhibit A". 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 1 f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. l. Will meet standards prescribed for certain uses as provided in this article. 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds that such use at the proposed location: a. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. b. Conforms to the zoiring regulations. c. The use is allowed as an interim use in the zoning district. d. The date of event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future: and f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6. Sec. 20-268. Wholesale and retail nurseries: a. The site must be on a collector or minor arterial as identified in the comprehensive plan. b. The minimum lot size is five acres. 2 c. All storage and yard areas as well as buildings must be setback fifty (50) feet from all property lines. d. 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. e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. The City Council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the Comprehensive Plan. f. Light sources shall be shielded. g. No outside speaker systems shall be allowed. h. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. 1. 'One wall sign not to exceed ninety (90) square feet, and one monument sign not exceeding twenty-four square (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The Council may further restrict the size and location of signs if the use is located to adjacent to property guided residential as identified in the Comprehensive Plan. 7. The planning report #06-15 conditional use permit dated April 18, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Interim Use Permit #06-15 to expand the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2). ADOPTED by the Chanhassen Planning Commission on this 18th day of April, 2006. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2006 planning cases\06-15 green gardens iup amendment \findings of fact and recommendation.doc 3 .t .,t t- .. ExU1BIT'~ A ... ,Thc;lt part ,of the Southeast. Quarter of the Northeast Quarter of .Section ,35, Township 116 North, ~a,nge 23.,:West of the Fifth, Principal Meridian which. iies, 's6u1;h~"riy of 'the s,outherly rignt~:' ot-way lfneof the Chicago<< North Western Transportatio~ co. ,and. 'l~ing westerly and northwesterly of the centerline of State .Highway~o. 101 as . laid 'out and traveled, EXC~PT the following desc'ribed parcel: Cpmmencing at a point in the centerline.of the Chicago Northwestern Railway main tracks said po,j,nt being 646.50 feet Westerly' of the East line of the Northeast one-qua~ter of said Section .35 as measured along ~he centerline 'of said tracks; thence Sou~heasterly at an angle of 80 degrees 35 niinutef;l18 .seconds as meas~red from East to South from the centerline of said tracks, . a.,distance of 402. 77 feet. to . the point of' b~gintiing6'f, the. parcel. to be described; thence Northwest'erly alOng' the last described line, a distance of' 224.3~feet to. the Southerly right-of-way line of the .sciddChicago Northwestern Railway; thence Easterly along s~id Southerly right-of-way line a distance of 467.90 feet; thence Southwesterly to the point of beginning. ' ..ff Planning Case No. Db -. IS' . CITY OF CHANHASSEN , 7700 Market Boulevard - P.O.,Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Contact ~ "" Phone: (Pl~- U~<~'o:::s'-L Fax:~~n--:).J.4-"'1,,\q Email: ~t-\-\ MiJtJ a 'l~o~, ffJ'N, . Owner Name and Address: Ja.~ot~~I{~~l=dSt)V\v<- = Contact: ~ ~ \ (L ~~O ~ Phone:"1....1Sb- S<::tf/7 Fax: Email: . . NOTE: Consultation with City staff is required prior to submittal. including review of developm~nt plans . Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) -A- Interim Use Permit (IUP) AdMeNdM'{,Jtl Vacation of Ri9ht-of-WaY/Easem~nts (V AC) Variance (VAR) Non-conforming Use Permit Wetland Alteration Permit rNAP) Planned Unit Development'" Zoning Appeal' Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost- Site Plan Review (SPR)* - $50, CUP/SPRNACNARlWAP/Metes & Bounds - $450 Minor SUB Subdivision* T~TAL FEe $' y 75 (' ~v'"~' ,fu- An additional fee of $3.00 per address within the public hearing notific:ati,on area will be invoiced to the applicant prior to the public hearing. .. ....Sixteen (16) full..size folded copies of the plans must be submitted, including an 8%" X 1'1" reduced copy for each plan sheet along with a di~ital CODY in TIFF-Group 4 (*.tit) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charge~ for each application. SCANNED 600/Z00~ XHnHOOOM VMVg IHH>>I~MlVi netter/Tea VVJ '-- on~r.T TUJ nnn'/nT/on PROJECT NAME: LOCATION: 8'50 LEGAL DESCRIPTION:. Fl 't I N1 ~ ,.'" :! TOTAL ACREAGE: -.J 0 WETLANDS PRESENT: YES "J. NO PRESENT ZONING: ~"^"^ r....;... REQUESTED,ZONING: $J,),.,..... PRESENT LAND USE DESIGNATION: _N ~y.~~"t REQUESTED LAND USE DESIGNATION: 'SA (V\..l . REASON FOR REQUEST: ~'"C.. VJ-o'v\. \~ \ ~ \<..n {...\D t"\'A k ~ +h.. \ iV~ '-', tv.. VS<'" ~~("h~'. \;---0 I,M r'"<:Iv<.... ~;-Y"'~ri C,-~y'~ ~, ~ ~ JV\ \ rJ.6\ ~{lf~ 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the IC:Ipplicantwithin 15 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. TJ:lis application should be processed in my name and I am the party whom the City should contact regarding any mattar:,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. , 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 conslilting 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. ]t&otl ~ _hJJ--- Signature of Applicant ~ 1 tJ~ Signature of Fee Owner ~ 3 - 3 - ~Ol) , Date 3 ~ 3 Date d.e 0 b SCANNED G:\pLAN\fonn5\Development Review Applicallon.DOC Rev. 12/05 zoo/Zoo ~ X>>mmnOM \HJVfl .T5rmI.T.~mV1lJ nCf7frC(l1 Tea WJ C!n ~ lH T\JJ nnn, InT 1M March 15, 2006 RECEIVED MAR 1'7 2006 CITY OF CHANHASSEN Josh Metzer Planning Department City of Chanhassen Chanhassen, Minnesota Dear Planning Commission members; Green Gardens Nursery and Landscape Inc. located at 850 Flying Cloud Drive is applying to amend its' current interim use permit. The current permit was established in 1996 and severely limits the new business owners desire to improve the aesthetics of the property and the viability of the nursery. Core changes proposed 1. Screen and establish landscape and bin materials on second level of the property. The current IUP restricts landscape materials to the lower property level whic~ is difficult to screen and divides the plant material sales area. 2. Establish display gardens, pergolas, and arbors on the lower area of the property. 3. Incorporate the current temporary aesthetically pleasing storage structure and seasonal office on its current site and plan for a future storage/office structure on the site. (See map) 4. Add additional parking for trucks and equipment behind the current storage structures to improve the aesthetics of the property and screen them from the highway. 5. Creation of a monument sign following the guidelines of the City of Chanhassen 'sign ordinance. Green Garden's management believes the proposed changes in the current interim use permit will improve the overall. atmosphere of the garden center. The proposed changes will enhance the overall aesthetics of the city and establish an impressive gateway to the city of Chanhassen. Over the last two years Green Gardens has worked hard to clean the 850 flying Cloud property and create a more inviting environment for the benefit of the city, the health of the local economy, and the business. We feel the current business and the proposed IUP changes are consistent with the cities comprehensive plan for the property and surrounding area. Green Gardens is extremely sensitive to the design and appearance of the overall property. We feel that the proposed changes will improve the overall appearance of the property. The project will be designed, constructed, operated, and maintained to be compatible in SCANNED appearance with the existing or intended character of the general vicinity. The IUP changes will not change the essential character of that area and improve the general value of the property and the adjoining areas. The improvements will not require additional city services and will create a more functional facility. The proposed changes to the interim use permit will not result in increased intensity of the . use of the land -- the changes are for business functionality and aesthetic purposes and will not result in more traffic and noise or other offensive issues. Green Gardens will not be making changes vehicular flow or the entrances to the property. The proposed IUP changes will not negatively impact historic or natural features of the area. Green Gardens will continue to enhance the 850 Flying Cloud properties with planting that incorporate native species and will following the cities guidelines for perimeter landscaping. Thank you Keith Werner President Green Gardens SCANNED CITY OF CHANlIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227.1110 Building Inspections Phone: 952,227,1180 Fax: 952.227,1190 . Engineering Phone: 952.227,1160 Fax: 952,227,1170 Finance Phone: 952,227.1140 Fax: 952,227,1110 Park & Recreation Phone: 952.227,1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952,227,1310 Senior Center Phone: 952,227,1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Josh Metzer, Planner I FROM: Mark Littfin, Fire Marshal DATE: April 7, 2006 SUBJ: Skip Cook/Green Gardens. Request for an amendment to Interim use permit #96-2 for expansion ofthe wholesale/retail nursery use. The site is located in an Agricultural Estate(A-2) District At 850 Flying Cloud Drive. Planning Case: 06-15, Green Gardens !UP amendment I have the reviewed the proposed plan for the interim In order to comply with the Chanhassen Fire Dep have the following fire code or city ordinance/polic~ review is ba' n the available information submi or changes ar . ate code ermit for the above project. . e Prevention Division, I ents. The site plan e. If additional plans addressed. The existing t Minnesota Sta must meet the 1. 2. rk 3. 5. Enclose into moto to install the g:\safety\mI\plrev06-15greengardens The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play, CHANHAsSENFIRE DEPARTMENT . FIRE PREVENTION BUREAU . 7700 MARKET BLVD. PO BOX 147 .. CHANHASSEN,MN 55317 (952) -227 - 1150 FAX:, (952) 227-1190 ABOVEGROUND Stora2e Tank Installation Permit Application. ' Date. Proposed Date,to Start Work Permit Fee $ TANK SITE:. Company: . City, State, Zip: Contact: Address: Phone: . Fax: CONTRACTOR: · Name: City, State, Zip: -, Contact: . , Address: ,- Phone: . Fax: Describe. Work ToBe Done. PLEASE READ THE FOLLOWING INFORMATION BEFORE BEGINNING: ' :rhe following information must be submitted' with, the application and proposed plaD.~. . .. . . . . . .' Submit all materials, including applicationandplot plan~ in duplicate. . Provide a detai1~d plot plan showirig locations of new and existing.tank:s, liquefied petroleum tanks; prop~rty . . lines, roadways.; driving surfaces, all structures, surface waters, all utilities, Canopies, piping layout, disp~ser ... .... location, .emergency controls and .portable fire extinguisherS. .. .. . . . . . A copy of the approved plans and application must be present on the site for review. . .. . . . . . Incomplete inforination will result m application being returned. Ifriot applicabl~,.markN/A. An tank installations must comply with the International Fire Code, NFP A standards, Pollution Control . Agency rules and City of Chanhassen requirements. . Aboveground Storage Tank Installation Permit Application Page r of3 . .' . ~ . . . ,Work, including site preparation work, shal1 Iiot begin until peririithaS been issued." . . . . . Alt iilformatiOli requested below Btust be provided on pians or described belo~ unless .notapplicable. Incomplete information may ,result in plans being retumed~' .' Check all that apply: Motor vehicle fuel dispensing . Bulk storage . Loadirig rack Tank #1 Tank #2 . Tank #3 Tank #4 Capacity:. Product: . UL Listing: Type of dispensing: Public Private Attendant? Yes No 24-hour? Secondary containment: Double:-wall tank . or Dike Dike material . . Describe overfill protection . . Describe spill Prevention Describe -ieak detection . ... Describe material.beneath tank(s) . -Canopy over tank or dispenser? Describe normal venting Emergency vent size Describe signage/labeling . Describe vehicle impact protectiol1' Describe dispenser( s) . . Describe hose and breakaway devices' " .'. . . Describe lightning protection . . '. Describe electri~al classifications . Describe vent lines' . Dispensing lines . Provide manufacturer ~pecification sheets for tanks 'and piping. . . . . . . . '.Provide ,documentation of Mfunesota PCA tmik registration. . . . .' . . . . . ..' Provide documelltatloh of both indiVidual and company':rviNPCA certification, . . . - . . Aboveground Storage Tank Installation' Permit Application' Page20f3 .,;.' ..,!,o... , . . . .. . .. . . .... . I, the mid~igned,do hereby agree to complete the above described work in accordanc~ with City. codes, the . Minn~sota.fire Code, NFJ:> A 'and other nationally recognized standards. ' . Applicant Signature Date . 3/24/05 '- . Aboveground Storage Tank Installation" Permit Application Page 3 of3 '.: :1. }i Minnesota State Department of Public Safety Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Crime Victim Services Driver & Vehicle Services Emergency Management I Emergency Response Commission State Fire Marshall Pipeline Safety State Patrol Traffic Safety State Fir,fMarsbal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 Illtemet: http://www.fire.state.mn.us. ABOVEGROUND STORAGE TANK PLAN REVIEW INFORMATION SHEET SECTION 1 - INTRODUCTION The purpose ofthis information sheet is to provide a general outline to individuals who conduct aboveground storage tank installation plan reviews. This information sheet does not attempt to cover every code requirement or every situation. As of August, 2002, the Minnesota State Fire Marshal Division no longer conducts plan reviews for aboveground or under,ground storage tank installations. This responsibility has been given to the local code officials to ensure compliance with Minnesota State Fire Code (MSFC) provisions. The requirements outlined in this information sheet apply only to aboveground storage tank plan review regulations. The requirements for aboveground flammable/combustible tank installations come from MSFC Chapters 22 and 34, along with National Fire Protection Association Standard (NFP A) 30, Flammable and Combustible Liquids Code. The requirements for liquefied petroleum gas installations come from NFP A 58,2001 Edition, Liquefied Petroleum Gas Code. Local jurisdictions may have other guidelines that must also be followed in addition to what is outlined in this document. However, this does not relieve the installer from following the requirements outlined in the 2003 Minnesota State Fire Code. Applicable MSFCcode sections are referenced in brackets I ]. The localfite. official is also required to be notified' and may require plan review documents be submitted when any flammable/combustible liquid tank or liquefied petroleum gas tank is installed in their iurisdiction IMSFC (03) Section 3401,6]. The plans shall include, at minimum, method of storage (tank construction); type and class ofliquid; distance from public ways, buildings, property lines, and combustible storage; layout for dispensing (if applicable); pumping loading and unloading equipment; and provisions for spill control and secondary containment. Any dispensing of flammable/combustible liquids from aboveground storage tanks must receive prior approval from the local fire chief or fire marshallMSFC (03) Section 2206.2.7. as amended]. SFMD AST Plan Review Fact Sheet August 15,2003 Page 2 of 27 This information sheet will review the code requirements that are commonly overlooked for flammable/combustible liquid dispensing, storage and propane installations. These regulationsapplv to both new and existing aboveground storage tanks. There will be several occasions where this document will reference National Fire Protection Association (NFP A) Standards. The State Fire Marshal Division cannot give this information out free of charge due to copyright laws. However, all NFP A Standards can be purchased by calling NFP A directly at 800-344..J555 or going on-line to www.nfpa.org. More information can be obtained by contacting the State Fire Marshal Division at 651- 215-0500. E-mail questionstofrrecode@state.mn.us or visit our web site at www.fire.state.mn.us for the latest information on fire in Minnesota. Important Definitions: Bulk Plant or Terminal-A portion of a property where flammable/combustible liquids 'or LPG are received by tank vessel, pipelines, tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container. Bulk Transfer-The loading or unloading of flammable/combustible liquids or LPG from or between tank vehicles, tank cars, or storage tanks. Combustible LiQuid-A liquid having a closed cup flash point at or above 1000F. Combustible liquids shall be subdivided as follows: Class II. Liquids having a closed cup flash point at or above 1000F and below 140oF. Class ilIA. Liquids having a closed cup flash point at or above 1400F and below 200oF. Class IIIB. Liquids having a closed cup flash point at or above 200oF. Flammable LiQuid-A liquid having a closed cup flash point below 1 OooF. Flammable liquids are further categorized into a group known as Class I liquids. The Class I ,categories are subdivided as follows: Class IA. Liquids having a flash point below 73 OF and having a boiling point below lOOOF. I Class lB. Liquids having a flash point below 73 OF and having a boiling point at or above lOooF. Class IC. Liquids having a flash point at or above 730F and below lOooF. Flash Point-The minimum temperature in degrees Fahrenheit at which a liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion. The flash point of a liquid shall be determined by appropriate testing procedures (if the flash point is in question, review the Material Safety Data Sheets or MSDS for the product). Liquefied Petroleum Gas (LP-Gas)-Any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the SFMD AST Plan Review Fact Sheet August 15,2003 Page 3 of 27 following hydrocarbons, either by themselves or as a mixture: propane, propylene, butane (normal butane or isobutene), and butylenes. SECTION 2 - TANK CONSTRUCTION .2.1 Tank Construction Aboveground storage tanks must be constructed in accordance with Underwriter's Laboratories, Inc. (UIL) Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, UIL 142, 921, or, Standard for Insulated Aboveground Tanks for Flammable and Combustible Liquids, UIL 2085. All new andexistin2 tanks must meet one of these standards in order to remain in service. If it does not, it must be replaced with a tank that does meet this requirement. Exception: The State Fire Marshal Division does allow bulk. storage tanks to be reused (relocated from a different site) with the understanding that upon relocation the tanks with be tested by a qualified third party engineer to determine the tanks are structurally sound and in good working order. As specified above, all new tanks that are installed in Minnesota must comply with the UL requirements as specified above. 2.1.1 U/L Standard 142 Tank (Single-Walled Steel Tank) UIL Standard 142 is a plain single-wall steel tank. A metal plate should be posted on the tank indicating it meets U/L standard 142. There will also be a row of openings on the top for emergency venting, normal venting, filling, and product removal. :2.1.2 U/L Standard 921 Tank (Double-Walled Steel Tank) A UIL Standard 921 tank is two UIL 142 tanks - one inside the other. Similar to the 142 tank, a metal plate should indicate the tank meets the standards ofUIL 921. Due to the double-wall, secondary containment would not be required as it would be for a UIL 142 tank. 2.1.3 U/L Standard 2085 (Two-Hour Protected Aboveground Tank) A UIL Standard 2085 tank is constructed and tested in accordance with UIL 2085 and consists of a primary tank provided with protection from physical damage and fire-resistive protection from a high-intensity liquid pool fire exposure. The tank may provide protection elements as a unit or may be an assembly of components, or a combination thereof. A metal plate should indicate that the tank meets the requirements of Underwriter's Laboratories Standard 2085. This is also a double- walled tank. Similar to the UIL 921 tank, the double-wall exempts it from meeting the secondary containment requirements. 2.1.4 U/L Standard 2080 Tanks (Fire-Resistive Tanks) Aboveground tanks and dispensing operations meeting the criteria ofNFPA 30-A and the UL 2080 (fire resistive tanks) listed criteria are NOT considered to provide equivalent protection to tanks complying with Minnesota State Fire Code (MSFC) "fire protected" tanks. Therefore, UL 2080 tanks shall NOT be installed within the State of Minnesota OR as a substitute to UL 2085 tanks. UL 2080 tanks have passed a two hour pool fire test and are called FIRE RESISTIVE TANKS (UL 2080) as opposed to FIRE PROTECTED. These NFPA 30-A fire SFMD ASTPlan Review Fact Sheet August 15,2003 . Page 4 of 27 resistive tanks, however, have not received the other tests as required by the. MSFC or UL 2085. Although, both types of tanks pass a similar exposure fire test, the UL 2085 tanks tend to have a layer of concrete as necessary to pass other tests, while the fire resistive tanks can pass the exposure tests with thick steel tanks and insulation. Some of the tests of the fire resistive tanks done at Southwest Research do not even monitor the inside temperature during the exposure fire test. Thus, the UL 2085 protected tank is the more demanding of the two tests conducted since fire resistive tanks are allowed to go to higher internal temperatures; or not even measured (Source: FMCAP Interpretation 02- 007-1, dated May 16,2002). SECTION 3 - DISPENSING INTO MOTOR VEHICLES Dispensing into motor vehicles must be done in accordance with MSFC (03) Chapters 22 and 34. Furthermore, these two chapters will in some circUmstances refer to NFPA 30 . for additional requirements. 3.1 Location of Dispenser from Tanks Tank location from the dispenser must be a minimum of 30 feet [MSFC (03) Section 2206.2.7.1.8]. There are the following four exceptions to this regulation: 1.. For operations not open to the public and for resort operations serving registered guest only, dispensing of Class I liquids from one tank having a capacity of 560 gallons or less having the dispenser located on or adjacent to the tank is permitted. 2. For operations not open to the public, dispensing of Class II liquids from one tank having a capacity of 1000 gallons or less having the dispenser located on or adjacent to the tank is permitted. 3. Special tank enclosures complying with MSFC (03) Section 2206.2.6 having the dispenser located on or adjacent to the tank is permitted. 4. Dispensing devices are permitted to be installed on top of or adjacent to a protected aboveground tank system (UIL 2085 tank). 3.1.1 Dispenser Proximity to Buildings and Building Openings Dispensers must be located not less than 10 feet from lot lines and combustible buildings and cannot be closer than 5 feet from building openings when the nozzle is fully extended. 3.2 Location of Tanks from Buildings, Property Lines and Combustible Storage Tanks shall be located not less than 50 feet from the nearest side of any public way, property line, building or combustible storage located on the same property and at least 3 feet from adjacent tanks [MSFC (03) Section 2206.2.7.1.9]. Exception: Aboveground tanks that have a separation distance of at least 30 feet between the tank and the dispenser may reduce the distances from the tank to the public way, property line, building, or combustible storage to 30 feet. 3.2.1 Protected Aboveground Storage Tanks If a protected aboveground storage tank (UIL 2085) is used, and the capacity is less than or equal to 6,000 gallons, the distance from property lines and combustible storage can be reduced to not less than 15 feet and no less than 5 feet from public ways and important buildings. SFMD AST Plan Review Fact Sheet August 15,2003 Page 5 of27 If the protected tankexceeds 6,000 gallons, the tank must be a minimum of25 feet from property lines and combustible storage and 15 feet from public ways or important buildings. 3.2.2 Tank S~paration If more than one tank is on-site, the tanks must be separated by a minimum of 3 feet. 3.3 Number of Tanks Permitted Not more than 3 aboveground storage tanks shall be used for dispensing at any single site [MSFC (03) Section 2206.2.7.1.1]. 3.4 Capacity of Tanks Tanks storing Class I liquids shall not exceed 6,000 gallons individual capacity. Tanks storing Class II liquids shall not exceed 10,000 gallons individual capacity [MSFC (03) Section 2206.2.7.1.2]. Exception:Tank capacity is allowed to be increased to a maximum of 12,000 gallons for Class I and II liquids when stored in a two..:hour fire protected tank CUlL 2085) or an aggregate quantity of 36,000 gallons (no more than 3 tanks on one site per section 3.3). 3.5 Fuel Delivery Method Fuel delivery from aboveground storage tanks shall be from the top of the tank with the dispensingJine equipped with an approved anti-syphon system [MSFC (03) Section 2206.2.7.1.3]. Gravity dispensing tanks are only permitted on farms and construction . sites. 3.6 Dispensing Lines Dispensing lines between the diked area and the dispenser shall be located underground ,and shall be completely enclosed in an approved secondary containment piping system. These lines shall also be equipped with an approved normally closed solenoid valve at each dispenser located below the impact valve [MSFC (03) Section 2206.2.7.1.4]. 3.7 Fill Pipe and Fill Openings The fill pipe between the fill opening and the diked area shall be underground. In addition to the normal valve requirements ofthe code, there shall be a manually operated, mechanical shut-off valve on the fill line inside the diked area which is operated from a location outside the dike [MSFC (03) Section 2206.2.7.1.5]. 3.8 Safety Precautions The tanks and piping shall be safeguarded against collision, spillage, and overfill. The fIfe chief may require additional safeguards on tanks and piping for collision, spillage, and overfill. Dispensing lines and fill piping shall not penetrate the dike [MSFC (03) Section 2206.2.7.1.6]. 3.9 Grounding Outdoor tanks shall be grounded as specified in National Fire Protection Association (NFPA) Standard 780, Lightning Protection Code [MSFC (03) Section 2206.2.7.1.7]. SFMD AST Plan Review Fact Sheet August 15,2003 Page ,6 of 27 3.10 Fire Protection for Multiple Tanks When more than one tank is used, all aboveground tanks shall be protected by an approved fire-protection system when required by the code official[MSFC (03) Section 2206.2.7.1.10]: 3.11 Secondary Containment An approved secondary containment system shall be provided in accordance with Section '6unless a double-walled tank is used. ,3.12. Vehicle Impact Protection Vehicle impact protection shall be required when deemed by the code official to be in danger of impact or collision from other objects. It shall be done in accordance with the following [MSFC (03) Section 312.2]: . Constructed of steel not less than 4 inches in diameter and concrete filled. .. Spaced not more than 4 feet between posts on center. . Set not less than 3 feet deep in a concrete footing of not less than 15 inches in diameter. . Set with the top of the posts not less than 3 feet above ground. . Located not less than 3 feet from the protected object. 3.12.1 Other Barriers Other vehicle impact objects are permitted in accordance with MSFC (03) Section 312.3. The physical barrier(s) shall be a minimum of36 inches in height and shall resist a force of 12,000 pounds applied 36 inches above the adjacent ground surface. 3.13 Emergency Shut-off Switch An approved clearly identifiable and readily accessible emergency disconnect switch shall be provided on-site at an approved location, to stop the transfer of fuel to the dispensers in the event of a fuel spill or other emergency. Travel to another location or property to contact emergency personnel is not permitted. The disconnect switch must be located within 100 feet, but not less than 20 feet from the fuel dispensers. In addition, if the fueling facility has 24-hour dispensing, the emergency shut-off switch must be located outside so it is accessible should the store be closed. 3.14 Fire Extinguishers Approved portable fire extinguishers shall be provided in accordance with MSFC (03) Section 906 and NFPA 10. The fire extinguisher shall have a minimum rating of2-A:20- B:C and shall be located such that an extinguisher is not more than 75 feet from the pumps. If the fueling facility has 24-hour dispensing, the extinguisher must be located outside so it is accessible if the store is closed. Fire extinguisher servicing companies will be able to assist in determining the appropriate location. 3.15 Hazard Identification Signs Visible hazard identification signs as specified in NFP A 704 for the specific material contained shall be placed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled and at specific entrances and locations designated by the code official [MSFC (03) SFMD AST Plan Review Fact Sheet August 15,2003 Page 7 of 27 . . . Section 2703.5]. For further inforrn.ationplease reVieW State Fire Marshal Division Policy titled INS-41, Tank Labeling. Review the last few pages of this document under "Fire Properties of Common Liquids" for appropriate hazard identification markings. 3.16 Overfill Prevention Aboveground tanks shall not be filled in excess of 95 percent of their capacity. An overfill prevention system shall be provided for each tank. During tank filling operations, the system shall [MSFC (03) Section 3404.2.9.6.6]: 1. Provide an independent means of notifying the person filling the tank that the fluid level has reached 90 percent capacity by providing an audible or visual alarms signal, providing a tank level gauge marked at 90 percent of tank capacity, or other approved means. 2. Automatically shut-off the flow of fuel to the tank when the quantity ofliquid in the tank reaches 95 percent of tank capacity. For rigid-hose fuel delivery systems, an approved means shall be provided to empty the fill hose into the tank after the automatic shut-off device is activated. 3.17 Hose Length Dispenser hoses shall be a maximum length of 18 feet unless otherwise approved by the local code official. Dispenser hoses shall be listed and approved for their intended use. When not in use the hose shall be reeled, racked or otherwise protected from damage .[MSFC 903) Section 2206.7.5]. 3~18 Leak Detection Device Where remote pumps are used to supply fuel dispensers, each pump shall have installed on the discharge side a listed leak detection device that will detect a leak in the piping and dispensers and provide an indication at an approved location [MSFC (03) Section 2206.7.7.1]. 3.19 Warning Signs Signs prohibiting smoking, dispensing into unapproved containers, and requiring vehicle 'engines to be stopped during fueling shall be conspicuously posted within sight of each dispenser [MSFC (03) Section 2205.6].. 3.20 Clearance from Combustible Materials All weeds, grass, brush, trash and other combustible materials shall be kept a minimum of 10 feet from fuel-handling equipment [MSFC(03) Section 2205.7]. 3.21 Dispenser Operating Instructions Dispenser operating instructions must be conspicuously posted in approved locations in each dispenser. 3.22 Supervision of Dispensing The dispensing of fuel at service stations shall be conducted by a qualified attendant or shall be under the visual supervision of a qualified attendant at all times or it must meet the requirements for an unattended self-service station in Section 3.22 [MSFC (03) Section 2204.1]. SFMD AST Plan Review Fact Sheet August 15,2003 Page 8 of27 3.22 Unattended Self-Service Stations Where approved by the code official, unattended self service stations are ail owed. Asa condition of approval, the owner/operator of the site shall be accountable for daily site visits, regular equipment inspection and maintenance. Unattended self-service stations must,also comply with applicable requirements outlined in Sections 3.1 through 3.21 of this information sheet. 3.22.1 Emergency Procedures ,At unattended self-service stations, an approved emergency procedures sign is required and shall be posted in a conspicuous location and shall read: IN CASE OF FIRE, SPILL OR RELEASE 1. USE EMERGENCY PUMP SHUT-OFF 2. REPORT THE ACCIDENT! 3. FIRE DEPARTMENT TELEPHONE NO. 4. FACILITY ADDRESS 3.22.2 Communications A telephone not requiring a coin to operate or other approved, clearly identified 'means to notify the fire department shall be provided on site in a 10cation approved by the code official. Travel to another location or property to contact emergency personnel is not permitted. 3.22.3. Quantity Limits Dispensing equipment used at unsupervised dispensing stations shall comply with one of the following: 1. Dispensing devices shall be programmed or set to limit uninterrupted fuel delivery up to 25 gallons and require manual action to resume delivery. 2. The amount of fuel being dispensed shall be limited in quantity by a preprogrammed card as approved. 3.23 Electrical Equipment and Wiring All electrical equipment and wiring for aboveground storage tanks installations shall conform to the requirements of the Minnesota State Electrical Code. SECTION 4 -DISPENSING FLAMMABLE/COMBUSTIBLE LIQUIDS INTO , MOTOR VEHICLES INSIDE BUILDINGS MSFC (03), Chapters 22 and 34 have very stringent guidelines for dispensing flammable/combustible liquids into motor vehicles inside buildings. This must be done in accordance with MSFC (03) Section 3405, the 2003 Minnesota State Building Code (MSBC) and the applicable requirements from Section 3 above. 4.1 Dispensing Flammable/Combustible Liquids Inside Buildings Aboveground tanks storing Class I, II or III liquid motor fuels are allowed to be located in buildings. These tanks must be located within special enclosures complying with MSFC (03) Section 2206.2.6 in a liquid storage room, or a liquid storage warehouse complying with Chapter 34, or the tanks shall be a listed U/L 2085 protected tank. The maximum allowable quantities are limited to the amounts listed in MSFC (03) Table SFMD AST Plan Review Fact Sheet August 15,2003 Page 9 of 27 . 2703.1.1(1). If these limits are exceeded, the facilitY shall comply with the hazardous (or 'B-2') occupancy requirements from MSFC (03) Section 3405 and the building code. Sections 3.1, 3.3 - 3.10, and 3.17 - 3.22 above, must also be complied with in addition to the requirements below. 4.2 Secondary Containment An approved secondary containment system shall be provided in accordance with Section 6 unless a double-walled tank is used. 4.3 Vehicle Impact Protection Vehicle impact protection shall be required when deemed by the code official to be iIi danger of impact or collision from other objects. It shall be done in accordance with Section 3.12 or 3.12.1. 4.4 Emergency Shut-off Switch An approved clearly identifiable and readily accessible emergency disconnect switch is required and shall comply with Section 3.13 above 4.5 Fire Extinguishers Approved portable fire extinguishers shall be provided in accordance with MSFC (03) Section 906 and NFPA 10. The fire extinguisher shall have a minimum rating of2-A: 20-B:C and shaH be located such that an extinguisher is not more than 75 feet from the pumps. 4.6 Hazard Identification Signs Visible hazard identification signs are required and must be installed in accordance with Section 3.15 above. 4.7 Overfill Prevention Overfill prevention is required and must be installed in accordance with Section 3.16 above. 4.8 Fire Protection 'Rooms or buildings that exceed the maximum allowable quantities ofMSFC (03) Table 2703.1.1(1) shall be provided with an approved automatic fire-extinguishing system in accordance with NFP A 13 (99). 4.9 Electrical Equipment and Wiring All electrical equipment and wiring for aboveground storage tanks installations shall conform to the requirements of the Minnesota State Electrical Code. SECTION 5 - STORAGE OF FLAMMABLE/COMBUSTIBLE LIQUIDS 5.1 Tank Construction for Storage of Flammable/Combustible Liquids Storage of flammable/combustible liquids inside and outside of buildings must comply with MSFC (03) Chapters 27 and 34 along with National Fire Protection Association Standard 30 (96). If the storage is indoors and the maximum allowable quantities listed in Table 2703.1.1(1) are exceeded, then MSFC (03) Chapter 34 must also be followed. The tank construction requirements outlined in Section 2 are also applicable. SFMD ASTPlan Review Fact Sheet August 15,2003 Page 10 of 27 . . 5.2 Storage of Flammable/Combustible Liquids Inside Buildings The'storage of flammable and combustible liquids in containers and tanks inside buildings shall comply with MSFC (03) Chapter 27 and Chapter 34, Section 3404. Storage inside buildings must comply with MSFC (03) Table 2703.1.1(1). This Table will outline the maximum allowable quantities (MAQ) that can be within A, B, E, F, I, R :and U Occupancies (S and M Occupancies have less stringent guidelines and should ,follow MSFC (03) Section 2703.11). The amounts given in Table 2703.1.1(1) are the maximum allowable quantities allowed before the facility must comply with the . Tequirements for a hazardous (or 'H-2') occupancy in accordance with the fire and building codes; Please read the footnotes to the Table carefully. 5.2.1 Control Areas Control areas are spaces within a building and outdoor areas where quantities of . hazardous materials not exceeding the maximum allowable quantities in Table 2703.1.1 (1) are stored, dispensed, used or handled. Facilities that frequently utilize hazardous materials but do not want to exceed the MAQ can have up to four control areas on a ground floor facility storing the hazardous materials. The advantage of this is a facility can store more hazardous materials without having to upgrade to a hazardous (or 'H') occupancy classification. Forexample: MSFC Table 2703;1.1(1) allows 240 gallons of gasoline (I-B Liquid) in afacility as long as it has sprinklers and is stored in approved storage cabinets. If a company wanted to stored more than 240 gallons onsite, but did not want to comply with the requirements for an 'H' Occupancy, they could build up to four control areas on a ground floor each storing the MAQ of240 gallons. Thus, allowing them to store up to 960 gallons (240 x 4=960) of a Class I-B liquid. 5.2.1.1 Control Area Construction Requirements In order for a facility to fall under this category, the control area(s) must be separated from other portions of the facility as follows. Control areas shall be separated from other portions of the building and each other by not less than a i-hour fire barrier constructed in accordance with the 2003 Minnesota State Building Code. 5.2.1.2 Maximum Number of Control Areas per Floor The maximum number of control areas within a building shall be in .accordance with MSFC (03) Table 2703.8.2.2. 5.2.2 Fire Protection Indoor storage areas of flammable/combustible liquids shall be equipped with and approved automatic extinguishing system. The design of the system shall not be less than that required for Ordinary Hazard Group 2 with a minimum design area of 3,000 square feet [MSFC (03) Section 2704.5]. 5.2.3 Explosion Control Indoor storage rooms and areas shall be provided with explosion control in accordance with MSFC (03) Section 911 [MSFC (03) Section 2704.6]. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 11 of 27 5.2.4 Secondary Containment Secondary containment shall be provided in accordance with Section 6 unless a double-walled tank is used. 5~2.5 Vehicle Impact Protection Vehicle protection shall be required when deemed by the code official to be in danger of impact or collision from other objects. It shall be done in accordance with Section 3.12 or 3.12.1. 5.2.6 Emergency Isolation Valves Aboveground tanks with connections located below normal liquid level shall be .:provided with internal or external isolation valves located as close as practical to the shell of the tank. For liquids that are incompatible with steel, such valves, when extemal, and their connection to the tank shall be of steel [MSFC (03) Section . 3403.6.7]. 5.2..7 Fire Extinguishers Approved portable fire extinguishers shall be provided in accordance with MSFC (03) Section 906 and NFPA 10. Fire extinguisher servicing companies will be able to assist in determining the location and what type of extinguisher is necessary :dependant upon the hazard. :5.2.8 Hazard Identification Signs Hazard identification signs shallbe provided in accordance with Section 3.15 above. :5.2.9 Overfill Prevention . Aboveground tanks shall be provided with overfill prevention in accordance with Section 3.16. 5.2.10 Electrical Equipment and Wiring All electrical equipment and wiring for aboveground storage tanks installations shall conform to the requirements of the Minnesota State Electrical Code. 5.3 Flammable and Combustible Storage Outside of Buildings The storage of flammable and combustible liquids in containers and tanks shall comply with MSFC (03) Chapter 27 and Chapter 34, Section 3404, along with the applicable requirements ofNFP A 30 (96). 5.3.1 Separation Distances for Plain Steel Tanks (U/L 142 and 921 Tanks) Tank separation distances for exterior tanks must be in accordance with NFP A 30 Table 2-6 (96), re-printed below: SFMD AST Plan Review Fact Sheet August 15,2003 Page 12 of27 NFPA Table 2-6 Minimum distance in Minimum distance in feet from property feet from nearest side Tank Capacity (gallons) line that is or can be of any public way or built upon, including from nearest the opposite side of a important building on public way the same property 2750rless 5 5 276 to 750 10 5 751 to 12;000 15 5 12,001 to 30,000 20 5 30,001 to 50,000 30 10 50,001 to 100,000 50 15 100,001 to 500,000 80 25 500,001 to 1,000,000 100 35 1,000,001 to 2,000,000 135 45 2,000,001 to 3,000,000 165 55 3,000,001 or more 175 60 5.3.2 Separation Distances for Protected Aboveground Tanks U/L Standard 2085 protected two-hour tanks shall be separated in accordance with NFP A 30 (96). The separation distances from property lines, important buildings and combustible storage can be reduced by ~ versus U/L 142 and 921 tanks. Although at no time shall the distance be less than 5 feet. 5.3.3 Secondary Containment Secondary containment shall be provided in accordance with Section 6 unless a double-walled tank is used. 5.3.4 Vehicle Impact Protection Vehic1e protection shall be required when deemed by the code official to be in danger of impact or collision from other objects. It shall be done in accordance with Section 3.12 or 3.12.1. 5.3.5 Emergency Isolation Valves Aboveground tanks with connections located below normal liquid level shall be provided with internal or external isolation valves located as close as practical to the shell of the tank. For liquids that are incompatible with steel, such valves, when external, and their connection to the tank. shall be of steel [MSFC (03) Section 3403.6.7]. 5.3.6 Fire Extinguishers Approved portable fire extinguishers shall be provided in accordance with MSFC (03) Section 906 and NFP A 10. Fire extinguisher servicing companies will be able to assist in determining the location and what type of extinguisher is necessary dependant upon the hazard. SFMD AST Plan Review Fact Sheet August 15,2003 Page 13 of 27 5.3.7 Hazard Identification Signs Hazard identification signs shall be provided in accordance with Section 3.15 above. 5.3.8 Overfill Prevention Aboveground tanks shall be provided with overfill prevention in accordance with Section 3.16. 5.3.9 Electrical Equipment and Wiring All electrical equipment and wiring for aboveground storage tanks installations shall confofQl to the requirements of the Minnesota State ElectricalCode. SECTION 6 - SPILL CONTROL AND SECONDARY CONTAINMENT .6.1 Spill Control and Secondary Containment In accordance with MSFC (03) Section 2704.2.2, ANY exterior or interior building, room or area used for the storage of hazardous materials liquids shall be provided with secondary containment when the capacity exceeds the maximum allowable quantities of . MSFC (03) Table 2703.1.1(1) and the individual vessel or the aggregate capacity of multiple vessels exceeds the following: a. Capacity of an individual vessel exceeds 55 gallons; or, b. Aggregate capacity of multiple vessels exceeds 1,000 gallons. 6.2 Drainage/Containment Method The building, room or area shall drain or contain the hazardous materials through one of the following methods [MSFC (03) Section 2704.2.2.1]: 1. Liquid-tight sloped floors or recessed floors in indoor locations or similar areas in outdoor locations. 2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes. 3. Sumps and collection system. 4. Drainage system leading to an approved location. 5. Other approved engineered systems deemed acceptable to the code official. 6.3 Indoor Containment Areas Secondary containment for indoor storage shall be designed to contain a spill from the ;largest vessel plus the design flow volume of fire protection water calculated to discharge . from the fire-extinguishing system over the minimum required system design area or area. of the room in which the storage is located. The containment capacity shall be designed :to contain the flow for a period of 20 minutes. 6.4 Outdoor Storage Areas Secondary containment for outdoor storage areas shall be designed to contain a spill from the largest individual vessel. If the area is open to rainfall, the secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by the 25- year storm and provisions shall be made to drain accumulations or ground water and rain water. SFMD AST Plan Review Fact Sheet August 15,2003 Page 14 of 27 6.5 Monitoring of Containment Area An approved monitoring method shall be provided to detect hazardous materials in the secondary containment system. The monitoring system is allowed to be visual inspection of the primary or secondary. containment, or other approved means. Where the containment area is subject to the intrusion of water, a monitoring method for the detection of water shall be provided. SECTION 7 - NORMAL AND EMERGENCY VENTING 7.1 Normal Venting Normal venting requirements must be done in accordance with MSFC (03) Section 3404.2.7.3 and NFPA 30 Section 2-3.5 (96). The fumes must be discharged at a safe point at least 12 feet above the adjacent ground level. They shall be so located so that fumes do not get trapped by overhanging eaves or other obstructions and shall be at least 5 feet from building openings or lot lines of properties that can be built upon. 7.2 Emergency Venting Every form of aboveground storage tank shall have some form of construction or device that will relieve excess internal pressure caused by exposure fires. Emergency venting must be installed in accordance with NFP A 30 Section 2-3.6 (96). The size of the emergency vent is dependant upon the surface area of tank (square feet). SECTION 8 - OTHER FEATURES FOR ABOVEGROUND STORAGE TANK DISPENSING OR STORAGE 8.1 Additional Features When required by the local fire chief/fire marshal, a foam fire protection system shall be provided when more than one tank exists on-site, they are less than 50 feet apart, have a liquid surface area in excess of 1,500 square feet and meets one ofthe following: 1. Used for the storage of Class I or II liquids 2. Used for the storage of crude oil 3. Used for in-process products and is located within 100 feet ofan ignition source at a processing plant or petroleum refinery. 4. Considered by the code official as posing an unusual exposure hazard because of topography, nature of occupancy, proximity on the same or adjoining property, height and character of liquids to be stored, degree of private fire protection available (hydrant water pressure, etc.), facilities of the fire department to cope with flammable/combustible liquid fires. 8.2 Elevated Tanks Tanks elevated more than 12 inches that store Class I, II or IliA liquids shall have a fire- resistance rating of not less than 2 hours in accordance with the fire exposure criteria specified in ASlM E 1529. There are three exceptions to this regulation: 1. Structural supports tested as part of a protected aboveground tank in accordance with U/L 2085 2. Stationary tanks located outside buildings when protected by an approved water- spray system designed in accordance with MSFC (03) Chapter 9 and NFPA 15. 3. Stationary tanks located inside buildings equipped throughout with an approved automatic sprinkler system designed in accordance with NFP A 13 (99). SFMD AST Plan Review Fact Sheet August 15,2003 Page 15 of27 8.3 Separation requirements for Aboveground Storage Tanks and LPG Aboveground storage tanks shall be separated by a minimumof20 feet from propane (LPG) tanks [MSFC (03) Section 3404.2.9.5.3. 8.4 Electrical Equipment and Wiring All electrical equipment and wiring for aboveground storage tanks installations shall conform to the requirements of the Minnesota State Electrical Code. SECTION 9 -BULK PLANTS OR TERMINALS 9.1 Bulk Plants Bulk plants or terminals are discussed in MSFC (03) Section 3406.4, 3406.5 and must also be done in accordance with NFP A 30 (96). '9.2 Bulk PlantlIndustrial Plant Tank Separation Distances Bulk Plants I Tank Separation Distances Minimum distance in Minimum distance in feet from property feet from nearest side of line that is or can be any public way or from Tank size built upon, including nearest important (gallons) the opposite side of a building on the same public way, and shall property and shall not not be less than 5 feet be less than 5 feet 275 orless 5 5 276 to 750 10 5 751 to 12,000 15 5 12,001 to 30,000 20 5 30,001 to 50,000 30 10 50,001 to 100,000 50 15 100,001 to 500,000 80 25 9.3 Dispenser Separation Requirements Bulk. transfer and process transfer operations must be done in locations approved by the code official. Tank vehicles and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, lot lines, streets, alleys, or public ways by a distance of not less than 25 feet for Class I liquids and 15 feet for Class II and . III liquids. These measurements shall be taken from the nearest position of any loading or unloading valve. Buildings housing pumps or shelters for personnel shall be considered part of the transfer facility. 9.4 Loading Dock The loading dock must be constructed of noncombustible materials [MSFC (03) Section 3406.5.1.12]. SFMD AST Plan Review Fact Sheet August 15,2003 ;Page 16 of 27 9.5 Secondary Containment, An approved secondary containment system shall be provided in accordance with Section 6 above unless a double-walled tank is used. '9.6 Normal and Emergency Venting Emergency and normal venting shall be provided on all tanks in accordance with Section 7 above. 9.7 Separation requirements for Aboveground Storage Tanks and LPG Aboveground storage tanks shall be separated by a minimum of 20 feet from propane (LPG) tanks [MSFC (03) Section 3404.2.9.5.3. ~9.8 Emergency Isolation Valves ,. Aboveground tanks with connections 10cated below normalliquid level shall be provided , with internal or external isolation valves located as close as practical to the shell of the tank. Additionally, for bulk transfer facilities, the emergency isolation valve shall be "located on the transfer and loading side outside of the secondary containment area. For liquids that are incompatible with steel, such valves, when external, and their connection to the tank shall be of steel [MSFC (03) Section 3403.6.7]. 9.9 Security Bulk transfer operations shall be surrounded by a noncombustible fence no less than 5 feet in height. Exception: 1. Installations where adequate public safety exists because of isolation, natural harriers or other factors as determined appropriate by the code official is considered to be an acceptable alternative. 2. Motor vehicle service stations complying with MSFC (03) Chapter 22. 3. Facilities or properties that are entirely enclosed or protected from entry. 4. Facilities where all control valves are locked in the closed position or the power supply to the pumps is locked in the off position in an approved manner to ,prevent the dispensing of liquids by unauthorized persons. 9.10 Hazard Identification Signs Visible hazard identification signs shall be provided in accordance with Section 3.15 9.11 Fire Extinguishers Each industrial plant, bulk plant and distributing point shall be provided with at least one approved portable fire extinguisher having a minimum capacity of 181b's of dry chemical with a B:C rating. Fire extinguisher servicing companies will be able to assist in determining the location and what type of extinguisher is necessary. SECTION 10 - ABOVEGROUND PROPANE (LPG) INSTALLATIONS 10.1 NFPA 58, 2001 Edition The State of Minnesota has adopted National Fire Protection Association (NFP A) Standard 58, 2001 Edition, Liquefied Petroleum Gas Code. NFPA 58 (01) handles the stationary tank and piping requirements. The actual "downstream" piping requirements that lead into the building are covered in the Minnesota State Mechanical Code (MSMC). SFMD AST Plan Review Fact Sheet August 15, 2003 Page 17 of27 NFPA 58 (01) Chapter 3 applies to the location and fleidinstallation of LPG systems. This chapter will include criteria for: . Location of containers · Installation of container appurtenances and regulators . Installation of piping (including hose and flexible connectors ) . Hydrostatic relief valves . Emergency shut-off valves 10.2 Container Requirements Propane containers must be designed, fabricated, tested, and marked according to [NFP A 58 (01) Section 2.2.1]: 1. . Department of Transportation (DOT) regulations; 2. American Society of Mechanical Engineers (ASME) regulations a. Boiler Pressure Vessel Code, Section VIIL "Rules for the construction of unfired Pressure Vessels". 10.3 Maximum Container Size Containers for general use shall not exceed 120,000 gallon water capacity. Dispensing stations (where cylinders are filled) shall not exceed 30,000 gallon water capacity. These requirements do not apply to bulk plants or industrial installations. There is no limit on the number oftanks atone site[NFPA 58 (01) Section 2.2.1.10]. 10.4 Container Ap.purtenances . Tanks exceeding 2,000 gallon water capacity shall be equipped with the following appurtenances: . Pressure Relief Gauge . Liquid Level Gauge . Pressure Gauges · Temperature Gauge · Container Shut-off Valves . Backflow Check Valves · Excess Flow Valves 1 0~5 Pressure Relief Valves Containers shall be equipped with one or more pressure relief devices to relieve vapor. As. the temperature in a tank increases, so does the pressure, therefore, both a pressure and volume gauge are necessary. The valves must be in direct location to the vapor space and should be constructed to meet U/L 132 - Standard on Safety Relief Valves for Ammonia and LP-Gas. Each pressure relief valve shall be plainly and permanently marked with 1. The start-to-Ieak pressure in pounds per square inch (psi); 2. Relieving capacity in cubic feet per minute (cfin) of air; 3. Manufacturer's name and phone number. SFMD AST Plan Review Fact Sheet August 15,2003 Page 18 of 27 ;Example: A relief valve marked 250-4050 AIR indicates start-to-leak at 250 psi and rated relieving capacity at 4050 cfin of air. Pressure relief Pressure relief devices on ASME ,containers shallbe vented away from the container upward and unobstructed. to the open air INFPA.58 (01) Section 3.2.11]. Aboveground ,containers greater than 2,000 gallon water capacity shall be installed vertically upward and ,unobstructed to the open air at a point at least 7 , feet above the top of the container. Shut-off , valves are not permitted on openings for relief valves. NFPA58 01 Table 2.3.2.4 a Pressure Relief Valve Flow Capacity as a function of Container Surface Area Surface Area (sq. ft.) Minimum Flow Rate fo air/min 2340 4960 8760 12220 15470 21570 100 250 500 750 1000 1500 10.6 Regulators A two stage regulator or an integral two-stage regulator shall be required on all fixed piping systems that serve~ psi appliance systems [NFPA 58 (01) Section 3.2.12]. Regulators that are to be installed outdoors must be protected from the elements (rain, freezing rain, snow, sleet, mud, etc.). 10.7 Emergency Shut-off Valve Emergency shut-off devices are required on tanks with an aggregate water capacity exceeding 4,000 gallons. The emergency shut-off valve shall be located within 20 feet of the tank [NFPA 58 (01) Section 3.2.19]. The shut-off valve will stop the flow ofthe LPG should a break in the line occur. In addition, a manually operated remote is also required between 25 and 100 feet for new and existing emergency shut-off valves. 10.8 Separation Distances Between Containers, Important Buildings and Other Properties Containers installed outside of buildings, whether portable or permanently installed, shall be separated as follows from the nearest important building or line of adjoining property that maybe built upon [NFPA 58(01) Section 3-2.2.2]: NFPA 58 (Ol) Table 3.2.2.2. Minimum Distances W aterCapacity Per Aboveground Containers Between Containers (feet) Container (gallons) (feet) < 125 Oa 0 125-250 10 0 251-500 10 . 3 501-2,000 25b 3 2,001-30,000 50 5 30,001-70,000 75 1/4 of sum of diameters of adjacent containers SFMD AST Plan Review Fact Sheet August 15, 2003 Page 19 of27 .. .. 70,001-90,000 100 1/4 of sum of diameters of . adjacent containers 90,001-120,000 125 1/4 of sum of diameters of adjacent containers 120,001-200,000 200 1/4 of sum of diameters of adjacent containers 200,001-1,000,000 300 1/4 of sum of diameters of adiacent containers > 1,000,000 400 1/4 of sum of diameters of adjacent containers a=See NFPA 58 (01) Section 3.2.2.2 (b), (c) and (e). , b=See NFP A 58 (01) Section 3.2.2.2, Exception #2. 10.8.1. What is an "Important Building"? A building could fall under the "important" category due to anyone of the following: -replacement costs ofbuilding or contents; -Occupancy or occupant load; -Vital role in production or business; -Buildings impact on fire control activities. For further information on what might classify as an important building, please review State Fire Marshal Division Policy INS-44, Important Buildings. 10.8.2 Separation from Combustible Materials Loose or piled combustible materials, weeds and dry long grass shall be separated from containers by a minimum of 10 feet. 10.8.3 Separation Distances from Point of Transfer and other Exposures Any facility that fills portable containers (i.e. local gas station filling 20 lb cylinders) must comply with NFPA 58 (01) Table 3.2.3.3 Distance Between Point of Transfer and Exposures. · Buildings, tents, trailers with fire-resistive walls - 10 feet · Buildings, tents, trailers without fire-:-resistive walls - 25 feet . Line of adjoining property that can be built upon - 25 feet . Outdoor places of public assembly - 50 feet . Public ways (streets, sidewalks, etc.) - 10 feet . Driveways - 5 feet . Containers other than those being filled - 10 feet . Mainline railroad track centerlines - 25 feet. 10.10 Installation of Containers on Roofs of Buildings NFPA 58 (01) Section 3.2.10 allows LP-gas containers to be installed on rooftops of buildings when approved by the code official. However. due to state amendment. this section has been deleted from the Minnesota State Fire Code (MSFC) and is not allowed in the State of Minnesota. Under no circumstance may containers be permitted to be installed on roofs of buildings. , SFMD AST Plan Review Fact Sheet August 15,2003 Page 20 of 27 10.11 Hazard Identification Signs Visible hazard identification signs as specified in NFP A 704 for the specific material contained shall be placed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled and at specific entrances andJocations designated by the code official [MSFC (03) Section 2703.5]. For further information please review State Fire Marshal Division Policy titled INS-41, Tank Labeling. 10.12 Additional Protection for LP-Gas Containers If the aggregate storage in all containers exceeds 4,000 gallons water capacity and is located in a heavily populated or congested area, a fire safety analysis shall be conducted by a qualified fire safety official [NFPA 58 (01) Section 3.2.2.3]. 10.13 Containers Awaiting Use or Resale Storage of containers awaiting use or resale with a total quantity of gas stored of720 lbs or less need not be separated from the nearest building and line of adjoining property line which may be built upon [NFPA 58 (01) Section 5.4.1.3]. Larger quantities ofLP-Gas stored require separation according to NFPA 58 (01) Section 5.4.1.3. Containers awaiting use or resale shall be stored within a fenced enclosure or in a 10ckable metal locker or rack that prevents tampering with the values and pilferage of the cylinders [NFPA 58 (01) Section 5.4.2.1]. 10.14 Vehicle Impact Protection .Vehicle Impact Protection shall be in accordance with Section 3.12 or 3.12.1 above. 10.15 Fire Protection !Fire protection shall be provided for installations of ASME containers with an aggregate water capacity of more than 4,000 gallons. The mode of protection shall be through a written fire safety analysis provided by a knowledgeable fire official familiar with LP-gas installations [NFP A 58 (01) Section 3.10]. The fire safety analysis shallinc1ude, but not .be limited to, remote and automatic shut-offs, evaluations of local hazards, exposures, population density, congestion, effectiveness of manual fire suppression systems (i.e. available water supply, fire department response time, fire department training, etc.). iFire protection is not needed if the container is isolated in a remote area. 10.16 Fire Apparatus Access Roads Roadways or other means .of access for emergency services personnel shall be provided. 10.17 Fire Extinguishers Each distributing point shall be provided with at least one approved portable fire extinguisher having a minimum capacity of 181b's of dry chemical with a B:C rating. Fire extinguisher servicing companies will be able to assist in determining the appropriate location and spacing. SECTION 11- BULK TRANSFER AND/OR INDUSTRIAL LP-GAS SYSTEMS 11.1 Bulk Plant and/or Industrial Plant LP-Gas System Installations All bulk plant or industrial plant installations must be in accordance with NFPA 58 (01) Section 3.3 through 3.3.8. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 21 of2? 11.2 Separation Distances Separation distance for bulk LP containers shall be in accordance with Section 10.8. 11.3 LP-Gas Liquid Transfer Facilities Safeguards shall be provided to prevent uncontrolled discharge ofLP-gas in the event of failure of the hose or swivel-type piping. Emergency shut-off valves shall be installed in accordance with NFPA 58 (01) Section 3.2.19. 11.3.1 System Piping System piping shall be designed to prevent debris from obstructing the action of valves or other components of the piping system. lL3.2 Railroad Transfer Facilities In areas where liquid transfer is. done by railroad tank cars, barriers shall be provided at the ends of railroad sidings. Where a hose or swivel-type piping is used to fill railroad tank cars, it shall be protected as follows: a. An emergency shut-off valve shall be installed at the railroad tank car end of the hose or swivel-type piping where flow into or out of the tank car is possible. b. An emergency shut-off valve or a backflow check valve shall be installed in the tank car end of the hose or swivel piping where flow is only into the railroad type tank car. 11.4 Gas Distribution Facilities Any facility that manufacturer's, stores, mixes, or vaporizes LP-gas shall comply with NFPA 58 (01) Section 3.3.4. 11.5 Security To prevent against unauthorized tampering, any area that includes container appurtenances, pumping equipment loading and unloading facilities, and container filling facilities shall be protected in one of the following ways: 1. Enclosure with at least 6 feet high industrial type fence, chain link fence or equivalent protection. There shall be at least two means of emergency access from the enclosure. 2. As an alternate to fencing an area, suitable devices that can be locked in place shall be provided. Such devices shall effectively prevent unauthorized tampering or operation of any of the container appurtenances, system valves or equipment. 11~6 Fire Extinguishers Each distributing point shall be provided with at least one approved portable fire extinguisher having a minimum capacity of 181b's of dry chemical with a B:Crating. Fire extinguisher servicing companies will be able to assist in determining the location and what type of extinguisher is necessary dependant upon the hazard. 11.7 Fire Protection Fire protection shall be provided for installations of ASME containers with an aggregate water capacity of more than 4,000 gallons. The mode of protection shall be through a written fire safety analysis provided by a qualified fire official [NFPA 58 (01) Section 3.10]. Existing installations shall be provided with a fire safety analysis within 3 years of SFMD AST Plan Review Fact Sheet August 15. 2003 Page 22 of 27, " . . . ." . ....... " the effective date of adoption ofNFPA 58, 2001 :Edition (March 31,2006). The fire safety analysis shall include, but not be limited to, remote and automatic shut-offs, evaluations of local hazards, exposures, population density, congestion, effectiveness of manual fire suppression systems (i.e. available water supply, rrre department response time, fire department training, etc.). Fire protection is not needed if the container is . isolated in a remote area. SECTION 12 - SUMMARY 12.1 Technical Expertise . It is important to note that the requirements for flammable/combustible tank and LP-gas installations are extensive and not possible to condense every code requirement into this information sheet. MSFC (03) Section 104.7.2 allows the code official to seek technical expertise on issues that are beyond hislher knowledge or capabilities. There are several lIfe consulting companies in the State of Minnesota that are very capable to ensure proper installation requirements. The State Fire Marshal Division is not allowed to recommend or refer individuals to certain companies. For further information please contact the code specialist at the State Fire Marshal Division at firecode@state.mn.us or 651-215-0542. 12.2 Minnesota Pollution Control Agency The Minnesota Pollution Control Agency (MPCA) also regulates aboveground storage . tanks in excess of 1,100 gallons. The State Fire Marshal Division does not enforce MPCA regulations. Please contact the' MPCA at 651-296-6300 for their regulations. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 23 of27 FIRE PROPERTIES OF COMMON LIQUIDS NAME FLASH BOILING HAZARD POINT POINT CLASSIF- I.D. (oF) eF) ICATION (NFPA 704) H F R Acetaldehyde -38 70 IA 3 4 2 , (Acetic Aldehyde) (Ethanol) Acetone -4 133 ill 1 3 0 (Dimethyl Ketone) (2- Propanone) , Acetyl Chloride 40 124 ill . 3 3 2 (Ethanoyl Chloride) W .. Acrolein Dimer 118 304 II 1 2 1 Acrylonitrile 32 171 ill 4 3 2 i (Vinyl Cyanide) ; (propenenitrile) .; Alcohol- Butyl 98 243 IC 1 3 0 ., Alcohol- Ethyl 55. 173 IB 0 3 0 ; Alcohol ~ Isopropyl 53 181 IB 1 3 0 Alcohol- Methyl 52 147 ill 1 3 0 , Alcohol- Propyl 74 207 IC 1 3 0 .. Allyl Alcohol 70 206 IB 4 3 1 ,. Allylamine -20 128 ill 4 3 1 (2- Propenylamine) Amyl Acetate 60 300 IB 1 3 0 (l-Pentanol Acetate) Amyl Alcohol 91 280 II 1 3 0 (l-Pentanol) Amylene 0 86 IA (Pentene) ; Asphalt (Typical) 400+ >700 I1IB 0 1 0 (petroleum Pitch) Benzene 12 176 ill 2 3 0 (Benzol) Benzyl Alcohol 200 403 IIIB 2 1 0 (Phenyl Carbinol) Butyl Acetate 72 260 IB 1 3 0 (Butylethanoate) Butyl Acrylate 84 260 IC 2 2 2 .,.-.--- --- -.,.- - - --- - --.,. - -.,.- - ----_.- ---.,. - -- - -.,.- --- - -.--.,.. : H = Health F= Flammability. R = Reactivity: .,. -'- - -- - - - - - - - - -.'- -- '- - - - '- - -- -- - -.- '-- - - - - - - - - - - -''--.- - - _,-I SFMD AST Plan Review Fact Sheet August 15,2003 Page 24 of2? .,'..... FLASH . BOILING CLASSIF- HAZARD NAME POINT POINT ICATION I.D. eF) eF) lNFPA 704) H F R .. Butyl Alcohol . 98 243 IC 1 3 0 , (I-Butanol) (Propylacarbinol) (Propyl Methanol) Carbon Disulfide -22 115 m 3 3 0 (Carbon Bisulfide) Creosote Oil 165 382-752 IlIA 2 2 0 Cumene 96 306 IC 2 3 1 (Cumol) (2-Phenyl Propane) ,; (Isopropyl Benzene) Cyclohexane -4 179 m 1 3 0 (Hexahydrobenzene) (Hexamethylene) . Denatured Alcohol 60 175 IB 0 3 0 : Dibutylamine 117 322 II 3 2 0 Dibutyl Ether 77 286 IC 2 3 1 (1- Butoxybutane) (Butyl Ether) Diesel Fuel Oil . 100 Min II 0 2 0 No. I-D ; Diesel Fuel Oil 125 Min II 0 2 0 ~. No. 2-D .' Diethylamine -9 134 IB 3 3 0 .' . Epichlorohydrin 88 239 IC 3 3 2 (2-Chloropropylene Oxide) ( Chloropropylene Oxide) Ether-Ethyl -49 95 IA , Ethyl Acetate 24 171 IB 1 3 0 , (Acetic Ester) (Acetic Ether) , (Ethyl Ethanoate) Ethyl Acrylate 50 211 m 2 3 2 · Ethyl Alcohol 55 173 m 0 3 0 (Grain Alcohol, Cologne Spirits, Ethanol) Ethylamine <0 62 IA 3 4 0 (Aminoethane) r - - - - -"':" - - - -~"':' _._~ ~.- ~ ~:~ ~.-"':' ~ ~ ~.~.- :--- --- - -- -:-"':' -:- -- ~:.~.~.~ - ~I : H = Health F = Flammablhty R = ReactIVIty: ___________~------~~-~~---~-------~-~-----~---__.___I SFMD AST Plan Review Fact Sheet August 15, 2003 Page 25 of 27 ",:" NAME FLASH POINT BOILING CLASSIF- · HAZARD I.D. (oF) POINT ICATION (NFP A 704) (oF) H F R .. Ethyl CWoride -58 54 IA 1 4 0 (Chloroethane) (Hydrochloric Ether) (Muriatic Ether) · Ethylene Dichloride 56 183 IB 2 3 0 (1,2- Dichloroethane) (Glycol Dichloride) Ethylene Glycol 232 387 IIIB " Ethylene Oxide -20 51 IA 3 4 3 (Dimethylene Oxide) , (1,2- Epoxyethane) (Oxirane) Ethyl Methacrylate 68 239-248 IB 2 3 0 (Ethyl Methyl · Acrylate) Ethyl Ether -49 95 IA 1 4 1 (Diethyl Ether) (Diethyl Oxide) (Ether) (Ethyl " Oxide) ; Formic Acid Butyl Ester 64 225 IB Methyl Ester -2 90 IA Fuel Oil No.1 100-162 304-574 II/IIIA 0 2 0 (Kerosene) (Range Oil) " (Coal om Fuel Oil No.2 126-204 II/IIIA 0 2 0 Fuel Oil No.4 142-240 II/IIIA 0 2 0 Fuel Oil No.6 150-270 II/IIIA 0 2 0 .' Furan <32 88 IA Gasoline -45 to -50 100-400 IB 1 3 0 Gasoline -50 1 3 0 115-145 Octane (Aviation Grade) Heptane 25 209 IB : Hexane -7 156 IB 1 3 0 (Hexyl Hydride) Isopentane -60 82 IA SFMD AST iPIan Review Fact Sheet August 15, 2003 Page 26 of 27 ..... ". NAME FLASH POINT . BOILING CLASSIF- HAZARD I.D. (oF) POINT ICATION (NFPA 704) eF) H F R. .. Isopropyl Alcohol 53 181 ill 1 3 0 (Isopropanol) (Dimethyl Carbinol) (2-Propanol) , Isopropyl Ether -18 156 IB . Isopropylamine -35 89 IA . Jet Fuels Jet A and A-I 110-150 400-550 II 0 2 0 JetB , -1 0 to 3'0 1 3 0 JP-4 -10 IB Kerosene See. II fuel Oil No. 1 Linseed Oil, Raw 432 600+ 0 1 0 Methyl Alcohol 52 147 IB 1 3 0 (Methanol) (Wood Alcohol) (Columbian Spirits) . Methyl Chloride -50 -11 IA 1 4 0 (Chloromethane) : Methyl Ethyl Ether -35 51 IA : Methyl Ethyl Ketone 16 176 IB 1 3 0 (2-Butanone) (Ethyl Methyl Ketone) . MethylIsobutyl 64 244 IB Ketone . Methyl Methacrylate 50 212 IB 2 3 2 Mineral Oil 380 680 IIIB 0 1 0 Mineral Spirits 104 300 II Motor Oil Varies IIIB ; Naphtha V.M. & P. 50 240-290 IB 1 3 0 500 Flash Naphtha V.M. &P. 85 280-350 II 1 3 0 , High Flash NaphthaV.M. & P. 28 212-320 IB 1 3 0 Regular SFMD AST Plan Review Fact Sheet August 15,2003 Page 27 of 27 0" 000 00 NAME FLASH BOILING CLASSIF- HAZARD POINT POINT ICATION I.D. eF) (oF) (NFPA 704) H F R Nitrobenzene 190 412 IllA 3 2 1 (Nitrobenzol) (Oil or Mirbane) : Nitromethane 95 214 1C 1 3 4 Octane 56 258 ill Pentane -40 97 IA o' Petroleum, Crude, Sweet 20-90 I 3 0 Petroleum Ether <0 95-140 1AlIB I 4 '0 ; (Benzine) (Naphtha, Petroleum) : Phenol 175 358 IlIA 4 2 0 (Carbolic Acid) Propyl Alcohol 74 207 1C 1 3 0 (l- Propanol) .....Propylene Glycol 210 370 IIIB .. Propylene Oxide -35 94 1A 3 4 2 Styrene 88 295 1C 2 3 2 (Cinnamene) (phenyl ethylene ) (Vinyl Benzene). . Tetrahydrofuran 6 151 ill 2 3 1 (Diethylene Oxide) ; Toluene 40 231 1B 2 3 0 (Methylbenzene) . (Phenylmethane) (Toluol) . Turpentine 95 300 1C 1 3 0 Vinyl Acetate 18 161 1B 2 3 2 (Ethenyl Ethanoate) , Vinyl Ethyl Ether -50 96 IA o-Xylene 90 292 1C 2 3 0 (1,2- Dimethylbenzene) Co-Xylol) [1~~~~~l~:~:E~~!;~~~i]~~::II~E~~~~ii-~IJ MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling 'Enforcement Bureau of Criminal Apprehension Capitol Security Crime Victim Services Driver & Vehicle Services 'Emergency Management I ,Emergency Response 'Commission State Fire Marshall Pipeline Safety State Patrol , Traffic Safety State Fire Marshal DiVision 444-Cedar Street, Suite 145, St. Paul, Minnesota 55t01..;5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555 Internet: http://www.dps.state.mn.us INSTALLATION OF ABOVEGROUND STORAGE TANKS FOR DISPENSING INTO MOTOR VEHICLES The 2003 Minnesota State Fire Code (MSFC) allows the dispensing of flammable (Class I) and combustible (Class II) liquids from aboveground storage tanks (AST) into motor vehicles including automotive, marine, and aircraft. There are predominantly three types of ASTs that are used for this operation; one is the Underwriters Laboratories (UL) listed 142 steel AST (single wall), the UL Standard 921 (double wall) and the other is the listed 2-hour fire protected AST that is built to UL 2085. Proposed installations will need local approval/notification (permit) and possible plan review documents dependant upon the local code official. Also, MN Pollution Control Agency - and/or Department of Natural Resources may require approval when necessary. Effective AU2Ust. 2002. plan review documents are no lon2erreQuired to be submitted to the State Fire Marshal Division. Code Specialists are available at the State Fire Marshal Division to answer any questions on these requirements from the 2003 Minnesota State Fire Code (MSFC). They can be reached at (651) 215-0500 or by email senttofirecode@state.mn.us. Requirements for BOTH the UL 142 and 2-hour protected AST 1. Installations are only allowed when approved by the local code official. 2. Dispensers shall be located a minimum of 10-feet from buildings and property lines. When the hose is fully extended, the nozzle shall be no closer than 5-feet from building openings (MSFC Section 2206.7.7.2). The dispensers shall also be located twenty feet or more from fixed sources of ignition. This is not the only separation requirement: there are additional rules that apply for separation between the tank and buildings and also the tank and dispenser. These can be found on page 3 or 4 depending on the type of tank installed. 3. Dispensing hoses for automotive dispensing are limited to 18-feet. At marine or aircraft fuel dispensing stations, the hoses 'are allowed to be longer. 4. ASTs shall be provided with secondary containment when the quantities exceed the maximum allowable quantities as specified in MSFC Table 2703.1.1 (1) and the individual vessel exceed 55 gallons OR multiple vessels exceed 1,000 gallons. The secondary containment must be able to hold the volume of the largest AST within the secondary containment area. Examples include dikes, drainage control, listed double wall ASTs, and listed secondary containment built into the AST. Dispensing and fill piping shall not penetrate a dike. For further information, please review MSFC (03) Section 2705.3.7. 5. ASTs shall not be filled in excess of95 percent of their capacity. An overfill prevention system shall be provided for each tank. During tank-filling operation, the system shall: SFMD Fact Sheet INS-FACT -11 March 31, 2003 Page lof5 SFMD Fact Sheet lNS-F ACT-II March 31, 2003 Page 2 of5 a. Provide an independent means of notifying the person filling the tank that the. fluid level has reached 90 percent of tank capacity by providing an audible or visual alarm signal, providing a tank level gauge marked at 90 percent of tank capacity, or other approved means. b. Automatically shut off the flow of fuel to the tank when the quantity ofliquid in the tank reaches 95 percent of tank capacity. For rigid hose fuel-delivery systems, an approved means shall be provided to empty the fill hose into the tank after the automatic shutoff device is activated. c. Reduce the flow rate to not more than 15 gallons per minute (0.95 Llsec) so that at the reduced flow rate, the tank will not overfill for 30 minutes, and automatically shutoff flow into the tank so that none of the fittings on the top of the tank are exposed to product because of overfilling. A permanent sign shall be provided at the fill point for the tank, documenting the filling procedure ,and the tank calibration chart. Exception: Where climatic conditions are such that the sign may be obscured by ice or snow, or weathered beyond readability or otherwise impaired, said procedures and chart shall be located in the office window, lock box or other area accessible to the person filling the tank. The filling procedure shall require. the person filling the tank to determine the gallonage (literage) required to fill it to 90 percent of capacity before commencing to fill operation. 6. ASTs shall have vehicle impact protection, such as guard posts, to provide protection of connected piping, valves, fittings and storage tanks. When guard posts are installed, the posts shall be (1) constructed of steel not less than 4 inches in diameter and concrete filled, (2) spaced not more than 4 feet between posts on center, (3) set not less than 3 feet deep in a concrete footing of not less than 15 inch diameter, (4) set with the top of the posts not less than 3 feet above the ground, and (5) 10cated not less than 3 feet from the protected .0bject[MSFC (03) Section 312]. 7. Dispensers shall be protected against physical damage from vehicles by mounting on a concrete island 6 inches or more in height or by other approved means. 8. There shall be an emergency shut-off device located between 20 feet and 100 feet from the dispenser. Activation of the emergency shut-off shall shut down transfer of fuel to the dispenser and shall close all valves that supply fuel to the dispenser. The emergency shut-off shall be distinctly labeled EMERGENCY FUEL S~TDOWN DEVICE. 9. Within 75 feet of the dispenser, there shall be a portable fire extinguisher rated at a minimum 2- A, 20-B:C. The fire extinguisher shall be inspected annually by qualified personnel. 10. Signs prohibiting smoking, dispensing into unapproved containers, and requiring vehicle engines to be stopped during fueling shall be conspicuously posted within sight of each dispenser. When open to the public or when there are employees that are under 16 years old, there shall be a sign stating the minimum age to dispense flammable/combustible liquids is 16. SFMD Fact Sheet INS-FACT-l1 " March 31,2003 Page 3 of5 11. Weeds, grass, brush, trash and other combustible materials shall be kept at least 10 feet from an AST. 12. ASTs shall have a minimum 3-foot separation between tanks. Larger tanks may require more space. .13. Storage vessels for LP-gas,and CNG shall be located 20 feet or more from AST's. Suitable means shall be provided to prevent the accumulation of liquids under adjacent LP-gas containers such as by dikes, diversion curbs or grading. When AST's are within a diked area, the LP-gas containers shall be outside the diked area and at least 10 feet away from the centerline' of the wall or the diked area. 14. ASTs shall have warning signs or labels to identify the tank contents to emergency personnel. 15. ASTs require normal and emergency vents. The normal vent shall terminate at least 12 feet above the ground level and 5 feet from building openings or property lines that can built upon. 16. Electrical equipment shall be installed in accordance with the Minnesota State Electrical Code. 17. Dispensing is required to be under the supervision of a qualified attendant at all times. The attendant's primary function shall be to supervise, observe and control the dispensing of motor fuels. The attendants view to the dispensing area shall be unobstructed. The attendant shall prevent the dispensing of flammable and combustible liquids and flammable gases into containers not in compliance with the Minnesota State Fire Code. The attendant shall also control sources of ignition, give immediate attention to accidental spills or releases, and be prepared to use fire extinguishers. A method of communicating with the fire department shall be provided for the "attendant. 18. Contact the State Fire Marshal Division for requirements that may apply to situations such as: . Dispensing at a bulk plant, marina or resort . Dispensing inside a building . Dispensing into containers . Dispensing of LPG, CNG, etc. . Dispensing from tank vehicles . Unsupervised dispensing 19~Pages 4,5, and 6 of this information sheet contain additional requirements specific to the type of above ground tank installation used for dispensing. SFMD Fact Sheet INS-FACT -11 March 31, 2003 Page 4 of5 Additional requirements for UL 142 or 921 AST's UL 142 (single wall) or UL 921 (double walled) above ground storage tanks are plain steel tanks. These tanks are not constructed to be fife resistive and thus have requirements for separation between the tank and buildings and also between the tank and dispenser. . '" . -. '.-. . .1lliS;P~g~.~~V~t$..tb~..a~dltj~~al.t~quir~i)je.~ts.f(j*si~gle..aIid.dQtIble.w~i.l....... . .....pl~i#~teeltJ:l1l4gQrU't;~Z~t~$.N9t~the.separatiotifequited...: ........... . betW~e#.~~,tanl(.~9'.l)~il~i1Igs.pl#s.tli~.s.epatatioll.requir~d.\bet\Veel1..~..:. 1. A maximum of three ASTs are allowed for dispensing at any single dispensing site. AST shall not exceed 6,000 gallons individual capacity for Class I liquids (gasoline) and 10,000 gallons individual capacity for Class IT liquids (diesel fuel). 2. ASTs shall be separated from the dispenser by at least 30 feet. Exceptions: 1. Operations not open to the public and for resort operations serving registered guests only, dispensing of Class I liquids from one AST of 560 gallons capacity or less may have the dispenser located on top of, or adjacent to, the AST. 2. Operations not open to the public and for resort operations serving registered guests only, . dispensing of Class IT liquids from two AST of 1,000 gallons individual capacity or less may have the dispenser located on top of, or adjacent to, the AST. 3. Tanks shall be located not less than 50 feet from the nearest side of a public way, property line, building, or combustible storage located on the same property and at least 3 feet from .adjacent tanks. Exception: ASTs which are separated by 30 feet or more from the dispenser may reduce the distances between the AST and the public way, property line, building, or combustible storage to 30 feet. 4. Fuel delivery shall be from the top of the AST with the dispensing line equipped with an approved anti syphon system. 5. Dispensing lines between a diked area or AST and a dispenser shall be located underground and shall be in an approved secondary containment piping system. 6. Dispensing lines shall have an approved normally closed solenoid valve at each dispenser below the impact valve. 7. Fill pipes between a diked area or AST and the fill pipe opening shall be located underground. The fill pipe shall also be equipped with manually operated mechanical shut-offvalve located inside the diked area, but can be operated from outside the dike. 8. ASTs shall be grounded as specified in National Fire Protection Association (NFP A) Standard 780, Lightning Protection Code (1997 Edition). SFMD Fact SheetINS":PACT -11 March 31, 2003 Page 5 of5 '9 . When required by the local fire chief, multiple AST installations shall be protected by an approved fire protection system. Additional reQuirements for 2-HOUR PROTECTED AST Fire resistive 2-hour protected above ground storage tanks usually include steel tanks that are double wall and encased in some form of protective insulation such as reinforced concrete. These tanks are constructed to be fire resistive and thus have reduced requirements for separation between the tank and buildings and also between the tank and dispenser. A plain steel tank (either single or double wall) is not a 2-hour protected tank and must instead be installed following the spacing requirements for UL 142 or UL 921 tanks found on page 4 of this information sheet. . . .... .. .. ... .. ...... . ..... . ... ... ... - .. .... ... ".. .. .... ..... ....... ........ .. .... ..-.. ,." .. ....... ... .. . -," .. .... .. .. . ....... .. ....... .......' . .. .. .. . .Whi$'pag~:86v~f~tb~~4diti9ti.a"t.~~qtiit-~fi:1~At~:f6.t4Qtiblewal1ti.t:~~e,~~~ijv~ .......... 2-:4QllrPr.9te,c~edta~.'T1le~~p~~tion4i~{~q~s.given.here.applyq#~y.tg.~is... : .~~~(}~~.iiI1tl4o.not~ripl~f:(jr,*1.#,~1~'()r(Iotible.wa1lpJ~li1~t~e~ta.~~......: ....: 1. ASTs shall not exceed 12,000 gallons individual capacity or 48,000 gallons aggregate capacity at anyone dispensing site. 2. ASTs less than or equal to 6,000 gallons shall be located at least 15 feet from property lines that can be built upon, including opposite sides of a public way. These ASTs shall also be located at least 5 feet from buildings and the near side of a public way (see the table below) 3. ASTs .greater than 6,000 gallons shalLbe located at least 25 feet from property lines that can be built upon, including opposite sides of a public way. These ASTs shall also be located at least 15 feet from buildings and the near side of a public way (see the table at the bottom of this page). 4. ASTs shall have overfill prevention that will provide notification at 85% fill and automatically stop fuel flow at 90%. 5. Dispensing devices can be installed on or adjacent to the AST. 6. Antisiphon devices shall be installed on the external piping when the piping extends below the liquid level of the AST. 7. Fill openings shall have a spill container at least 5 gallon capacity. Minimum separation requirements for protected aboveground tanks Individual Tank Minimum distance from Minimum distance Minimum Capacity property line which is or from the nearest side of distance (gallons) can be built upon, any public way or from between tanks including the opposite the nearest important side of a public way building on the same ro e Less than or equal 15 feet to 6,000 Greater than 6,000 25 feet 5 feet 3 feet 15 feet 3 feet '/ / . :CITY OF CHANlIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 . Fax: 952,227,1110 Building Inspections . , Phone: 952.227,1180 Fax: 952,227,1190 Engineering Phone: 952,227.1160 Fax: 952,227.1170 Finance Phone: 952,227,1140 Fax: 952,227,1110 Park & Recreation Phone: 952,227,1120, Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard . Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227,1310 Senior Center Phone: 952.227.1125 Fax: 952,227,1110 Web Site WWW.cLchanhassen.mn.us June 2, 2005 Green Gardens . Att:i1: Keith 850 Flying Cloud Drive Chaska, MN 55318 Dear Keith: This letter documents staff's findings from inspections of Green Gardens which took place on May 19 & 27, 2005. It is intended to provide you with information and identify compliance of your business operation with the condition of Interim Use Permit #96-2. The use of the subject property as a nursery-is an Interim Use Permit (IUP) in the Agricultural Estate.(A2) district in which your property is located. Sec. 20-576. Interim uses. Thefollowing are interim uses in the ''A-2'' Distric . (7) Wholesale nurseries. The City Code defines wholesale & retail nursery as: e wholesale of plants ir care and ine' Upon inspection #96-2. Attached i Code referring to have until June 17 compliance with notify the City that y If one of these two opti revocation process of . materials 'for an In Enclosures g:\plan~m\Code enforcement\green gardens\violations letter.doc . The City of Chanhassen · A growing community with clean lakes; quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play. Condition (a) states: Area 4 shall not be used for the storage of equipment, materials or vehicles associated with the garden center. Storage or display of nursery stock is permitted in Area 4. The vehicles, equipment and blocks/pavers pictured here are located in Area 4 and are in violation of condition (a). Furthermore, the white trailer in the first photo is unrelated to the nursery business and its storage on site is in violation of condition (i). The Site Plan stamped "Received July 8, 1996" indicates Area 3 must be used as a "Growing range for garden crops: com, pumpkin and miscellaneous vegetation". These photos show that Area 3 is being used for storage of nursery materials and not for growing of crops. This is a violation of what Chanhassen City Council approved as part Interim Use Permit #96-2. Storage of nursery materials must be removed from Area 3 which shall be restored as a growing range. Otherwise, IUP #96-2 must be amended to permit storage of nursery materials in Area 3. There is significant evidence that grading has taken place on the site. Condition (m) states: No grading of the property shall be permitted unless a grading permit is obtained from the City. Our records indicate that no grading permits have been applied for. This is a violation of Interim Use Permit #96-2. Permits for any grading which has taken place within the last 365 days must be applied for. The storage trailer pictured here was not a part of the original site plan approval for Interim Use Permit #96-2. To have this trailer located on site and in use is a violation of IUP #96-2. This trailer must be removed or the IUP amended to allow the use of the trailer. Condition (h) states: Stop signs shall be erected at the intersections of the driveways and, Highways 101 and 212. Clearly these signs are not in their intended location. Stop signs must be erected at the site exits to Highways 101 and 212 no later than June 17, 2005. ~~ Chanhassen City Code states: The following are nuisances affecting health, safety, comfort or repose: (1) Accumulations of manure, animal feces, refuse, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors or unsightly conditions to the discomfort and annoyance of adjacent property owners or the public; (5) The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any kind on private or public property. All accumulation of junk, garbage and debris must be removed no later than June 17, 2005. '.;:. ::...:...s. ,.,'l: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #96-2 , 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen . liereby grants an 'interim use permit for the following use: Allow for the operation of a wholesale and retail nursery. No other use or accessory use , ~hall be permitted on the site unless approved by the City Council. ~ .;y. k. * 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: see attached "Exhibit A" 3. Conditions. The permit is issued based on the findings presented in the staff report and site plan dated July 8, 1996 (prepared by Dick Henning Enterprise) and subject to the following conditions: a. Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or vehicles associated with the garden center. Storage or display of nursery stock is permitted in Area 4. ~ b. A fifty foot setback shall be maintained from all properties lines for the storage of materials, growing ranges, and parking, except that the existing parking area and display area adjacent to Highway 212 and Highway 101 (southeast comer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p:m. Exterior light sources shall be shielded. No outside speaker system shall be allowed. . The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. --'~"~.1...1~~ '~ c. d. e. f. g. h. Signage shall comply with city ordinances. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. No equipment or vehicles shall be stored on the site with the exception of employee . vehicles and equipment necessary for the operatio.Il..of the nursery. No other contractors equipment shall be stored on the propeity: .. 1. J. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landscaping plan for staff review prior to consideration by the City Council. No outside storage of equipment and materials unrelated to the nursery business shall be ecwmu . C :I f l l.~ permitted. The two white (32 'x 40 foot) structures shall not be used for retail purposes. Storage of equipment and materials is permitted in these buildings. No grading of the property shall be permitted unless a grading permit is obtained from the City. {",- 6? m. n. The applicant shall work with MnDOT in examining the possibility of relocating the access point onTH 212 further to the west and providing a deceleration lane along westbound TH. 212 in conjunction with the Highway 212 improvements. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: Julv 8. 1996 CITY OF CHANHASSEN By: ~~~~z, onald J. . el, ayor d2~ Don Ash . , Cily M':ger By: () L6/ ~am ~~be11, Knutson, Scott & Fuchs, P.A. Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 RNK . . KAREN J. ENGEiHARi:n @"<O;:NOTARY PUBUC ~MlNNESOTA CARVER COUNTY My ()olMllsslon expires Jan. 31, ~ , ..Y . 'l ,. .t' EXHIBIT'A ,Thc;lt part .of the Southeast Quarter.. of the Northeast Quarter of Section ,35, Township 116 North,~a,pge 23..West of the Fifth, Principal Meridian which. iies .sQuthe'rly of the southerly right~' of-way line of the Chicago << North Western Transportation Co. and l~ing westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, EXCEPT the following. desCribed parcel: Commencing at a point in the centerline of the Chicago NorthwesternRai lway main tracks said point being 646.50 feet Westerly of the East line of the Northeast one-quarter of said Section 35 as measured along the centerline of said tracks: thence Southeasterly at an angle of 80 degrees 35 minutes 18 seconds as measUred from East to South.from the centerline of said tracks, _.distance of 402.77 feet.to .the point of b~gintiing of the parcel. to be described: thence Northwest'erly along' the last described line, a distance of 224. 31 feet to the Southerly right-of-way line of the said Chicago Northwestern Railway; thence Easterly along said Southerly right-of-way line a distance of 467.90 feet: thence Southwesterly to the point of beginning. Document No: STATE OF MIN~967 CARVER COUNTY RECORDER (Abstract Department) /,?80 60 Filling Fee: 7' Copy Fee: CheckNo:/~JS7 :lwJcm~~/. /0ij Carl W. Hanson Jr., County Recorder By:~q t7fcJ Jbf .. . Cash I I , , Planning Commission Meeting - June 19, 1996 PUBLIC HEARING: REQUEST FOR AN INTERIM <USE PERMIT FOR A NURSERY 'AND" VARIANCES TO mE SETBACK REQUIREMENTS ON PROPERTY ZONED A2 AND LOCATED AT mE NORTHWEST CORNER OF m 101 AND m 21i~ SKIP COOK. Public Present: Name Address Skip and Teri Cook Harold Hesse 15506 Village Woods Drive 1425 Bluff Creek Drive Kate Aanenson pn~sented the staff report on this item. Mancino: Any questions? I have one. On the recommendation number 8. On page 9. It says stop signs shall be erected at the intersection of the driveways and Highway 101 and 212. Oh, I see what that means. Aanenson: Just kind of a queuing. Just so people understand thatthey're coming out onto a collector street. Mancino: So that is as they leave. Number 11, unused pallets and equipment located along the north property line shall be removed from the site. Equipment can be put in storage can't it? Aanenson: Well that was kind of, there is two storage buildings that some of the equipment, that there seemed to be some excess debris so I guess that's what we're saying. We want a list so we can see how it's expanding. A list that we believe that there's a threshold of equipment that can be stored on the site and we want to see more specifically. That was left' off of the application. Mancino: And on 14, the deceleration lane. Who pays for that? Hempel: Madam Chair, maybe I can address that. That's typically something for the applicant to work out with MnDot. As part of the upgrade of 212, there will be some widening in that and maybe some slight modifications done to the turn lanes or the expansion down there to provide a deceleration lane for the site. 'Mancino: But that is between the applicant andMnDot. I mean we, as a city, arenit saying you have to put in a deceleration lane. 26 } i . l ; Planning Commission Meeting - June 19, 1996 Hempel: That's correct. . Because we don't have the jurisdiction on that highway but that would be MoDot. "" Aanenson:Yeah, and we did speak to someone from MnDot andthey do want to work with the applicant and review their plans and give them approval so that is One of the conditions. They have to get MoDot approval. And because a signal is going in, as Dave indicated, 'there might be some modifications that affect access and they should wOrk to get their approval. Mancino: And they would have to do that regardless of the expansion and what's going in" there right now? Aanenson: Correct. Mancino: I mean MnDot would come to them and say, O'kay. Thank you. Any other questions? Peterson: Just a general question and the applicant, if they're here to respond to but I'm asking staff. Some of these things are financially onerous to some degree. Is this an issue . that you've discussed with them or not? As far as like the acceleration lane and. some of the other points that's going to cost them some money to get it done. Aanenson: Correct. I think some of the deceleration' may be accomplished. Some of that may be accomplished with. the signal going in at 212. If you look on the back, I believe some of that may. It may be as simple as just eliminating and forcing all the traffic to come out at TH 101. That might solve the problem because now with the light, you're going to .have traffic stacking so it might be just easier to come out on TH 101 anyway where you have a controlled access point. We believe because they're in the landscape business, there is stock material that they can be using. Even if it's ball and burlap along TH 101 to provide ;~thatscieening. Again because it is temporary, you're right. It is hard to do some of those improvements but we believe that some of that can be accomplished, just through careful design consideration of where they're storing things and how they're screening them to look. Again, there's concern that because this is the southern end of the city, we tend to look the other way and, we are concerned about the visibility and entrance to the city. Mancino: Thank you. Is the applicant here and do they wish to address the Planning Commission? . Skip Cook: Yes.. Mancino: Thank you. 27 Planning Commission Meeting - June 19, 1996 Skip Cook: My name is Skip Cook. Iown the property that we're talking about. On the corner of Highway 101 and 212. I don't know how many of you are familiar with the area, exactly. where it sits but it's on the northwest comer. The current, I own the property and just to make clarify because 1 own the property. I lease the property, okay. I'm coming to the end with the lease agreement of 4, a minimum 4 year lease with Wilsons Nursery who .hasa wholesale business in the city of Chanhassen, operating out of my place... They ran into some problems with management or whatever so now they're sub-leasing it to Henning. Dick Henning...so he's the one currently running it. When I first got the letter, I believe it was from John Rask and it was to the effect that I was in violation of something so immediately when you're in violation of something, I mean if you're speeding down the road,. you're going to stop and talk to the officer or whatever or go through the...so the first thing, I didn't go directly to City Hall. I did it through an attorney who I believe you're familiar with Kate. Craig Mertz. And so he went, the list I was given to prepare is I was totally unprepared or I didn't know where to starL.! thought he could do it quicker...so he got that together. What I, after further studying and looking at the letter thaLstaff report that was dated the 19th. In the second paragraph, if you look, this is just my conclusion and maybe you can... At the beginning of the second paragraph. Mancino: Excuse me. What page are you on? Skip Cook: Page number 2. Second paragraph. The subject property has been used as a farmers market and retail nursery prior to the adoption .of the Chanhassen zoning ordinance in 1972. So you'll have to correct me but in my thinking, leasing it to someone, the whole property is the garden center and a retail nursery. I have not added a building. The two buildings that Kate talk about are there. They're used for nothing other than storage. There' are no retail sales that occur out of there or...to a nursery or any other. business. There has been no land added to this property since as far as I know, since the nursery, garden center was opened. 10.9 acres, roughly more or less. As far as on page3, and these are kind of questions that I've been putting out to you too. Asfar as illegally expanding, on page 3, the first paragraph after number 5. The land area to the west of the building which is~currently used for storage of nursery stock was illegally expanded. I don't quite follow that. How it was illegally expanded when I didn't go through a land...treesareagriculture and they're regulated by the Department of Agriculture. The deal has always been an agriculture. I don't know how, if it was...than agriclllturally permitted...! guess that's a question. And I'm probably... Aanenson: No, that's fine. If I may, I'd be happy to answer that. It is a non-conforming use. It's~ retail onan agricultural A2 property. We did make an amendment. Skip Cook: With a grandfather clause. 28 \ ~ -. . / " , """\ / Planning Commission Meeting - June 19, 1996 Aanenson: W ell~ you have grlUldfather right~ \thl'chrri~an~, you cannot expand any of the" retail component. ' Okay, there's, how 'the .co.ntractor's yard kirid of ~oriiponent has expanded.,.. You can display rocks. They're 'selling muJch~ 'Dirt. Those sort of things. 'That has expanded. Okay. So if it was being continued to use in the way it was, they have th~ right to that, , which'is the original building and selling flowers. Are trees being grown on' the site? , Yes. , Are trees being brought in? Yes. That's where it kind of falls into some of the gray area. But it has expanded as far as things that are being done on the property, and that's part of the , documentation that 'we went through. If you look on this part of the report, and this'}s, what we spoke to your attorney about too. ' " Skip Cook: But the original, part o.f the deal, all of that was useq and under till for years.;.so that goes along with the project There has been no property added to that. Now the trees" when th ey ire in the field asfar as the retail displaying those, from my point of view, and maybe I'm sounding a little bit...those trees are growing. If you put a tree in any of your yards, you can't tell me that that tree isn't going to grow. Whether it's in a pot sitting on your " front step or it's in the ground. And that's when something is regulated by the Department of Agriculture, and you have an existing report from 1972 you know annexation or whatever it is of that area into Chanhassen, that I noted in that second paragraph, it's almost a given that that's. ' , Mancino: Skip, I don't think we're going to get this, that part of it solved tonight. Do you have any problems with the recommendations that are proposed'?, Skip Cook: Yeah, I was very happy I guess, I'm not sure... Many of the things on that list I have, it scares me like you first brought up Nancy and then Craig, on the cost. It's no! a get rich quick operation'clown there we're leasing it out... Mancino: Have you had time to go over with John or Kate these recommendations and ' discuss them with them? That might be what's in order. Instead of doing it right now~ why don't we table this and give you time to confer with staff and question or ask about any of the recommendations. ' Skip Cook: Okay I'm under the idea, I'm not running this but I'm under the idea that the tenant is not expanding it. It's being used for thenursery clnd for the... ' Aanenson: We've explained this to his attorney. I think his attorney understands the issue. It has expanded. It's our opinion that it expanded~ Like I say, I believe we put a condition in here that based on the type of use, tempora,ry, that meets the city's objections that are not too onerous on the applicant. ' ,', ,p,> , 29 Planning Commission Meeting - June 19, 1996 Skip Cook: Things just seem, on the list for example anQ the MoDot thing I guess, w~ said that was all... How about the berming, the permanent landscaping along Highway 10l and then further back to 212. I don't unde:rstandwhy~~ would screen trees. Aanenson: Well that's what I just said earlier. I 'said if you have trees on stock, if you could just move some of those trees around. Skip Cook: So 212, when you put in there earlier that I would need screening of 212, I don't need th~t? Because there's trees planted right in the ground in a neat rows all the way in the front of 212 and there's a... Aanenson: And then remove some of the rocks that are stored in th~ front. Right adjacent. There are pallets of bricks. Decorative 'block and brick. They're right along the property line. Skip Cook: That are in, that actually are in front of the building? Aanenson: Correct. Skip Cook: But that was, that's given in your letter that that's okay to store things... not stored for retail. Mancino: But it still needs to be streetscaped first. Between what you store and display, , there needs to be some sort of greenery. Skip Cook: You mean the parking lot in front of the building...? Mancino: On the street. Skip Cook: It's been that way, it's been that way for a long time... Mancino: Yes, that's what she's saying, to change it. Skip Cook: Well you tell me what I'm supposed to do. I guess I was happy to see the thing in the packetall of these attachments... If the use, it ,hasn't cl1anged that much. Okay, I guess...you direct me where to go at this point and... " Aanenson: Well, we've been through this before with changing...on some others so I think, if we, can w,ork, with these issues. If you're comfortable with them; "if the Planning , Comriiissidn~E(c6trifortable; we caricertalrily work through the issues: . 30 ) ":) Planning Commission Meeting - June 19, 1996 Skip Cook: As far as TH 101...in my favor~and' the...you were talking about the storage with the neighbor to the north. That's all, it should be... !,~-;:'i.. Mancino: Well I think it'd be good to, after this is over, to have staff and you meet to go over the recommendations and make any changes that are necessary before it goes to City Council. Okay. Any questions for the applicant at this point? Okay. 'May I have a motion to open this for a public hearing please? Fmmakes moved, Mehl seconded to open the public heming. The public heming was opened~ Mancino: This is open for a public hearing. Anyone wishing to address the Planning . Commission, please come forward. Harold Hesse: Yeah, I'm Harold Hesse and I have land just adjacent to Skip and.he's been a good neighbor and I just want to...1 think it would be fair to him in the end, It just looked'- very difficult with all the things we're asking...and I don't understand them anyway, so thank you. Mancino: Thank you. Anyone else? Seeing none, may I have a motion to close the public hearing? : Joyce moved, Fmmakes seconded to close the public heming. The public heming was closed. Mancino: Comments from commissioners. Ladd please. Conrad: Most of the conditions seem to be fairly reasonable to me, and I guess I don't have anything to say. I think they're just appropriate. They're conditions, if you want to run a' retail operation, you. probably should be doing some of these things and again, maybe somebody can educate;:'me if they see an expense here that's out of line. 1 know it's not a high revenue generating corner right now but on the other hand, I think there are 'a couple standards and some of these are standards that we, well these are all standards we apply to everybody in Chan. Everybody so, I'm not looking for comments right now but I guess from the Planning CommisSioners, if they see, I'd be interested if they see an excessive expense that's unreasonable, I think we should deal with that but other than that~again I dori't think this is should bea penalty situation but bringing something up to a certain level of standard and I think Kate was right when we say we tend to forget about the south side of Chanhassen in terms of what we want it to look like. , Maridho:""-Ariy di;scussion on the variance to the setback? Do you feel coinfortable With that? 31 " Planning Commission Meeting - June 19, 1996 Conrad: I don't think, I don't know Madam Chair. Mancino: Okay. Craig. Any comments? Peterson: My only concern is whether or not the costs were prohibitive and as the, the one that really bothered me was MnDot. I think that's been discussed so I think we already have set the precedent. We do have a nursery that was here not too long ago when we went through very similar issues that we've already set the tone for what we need and what we want in Chanhassen so I concur with the staff comments. Mancino: Kevin. Joyce: Not much more to add. I will side with Kate. I was out at the property today and there are a lot of bricks and stuff right in front of his building 'that,. that I feel is the front of the building and I think it should be cleaned up. I mean that's my opinion of it. If it's cleaned up, I don't have any problem with any of this stuff so that's kind of... Mancino: Thank you. Jeff. Farmakes: Nothing to add. Mehl: I have nothing to add. Mancino: I don't either. I am okay. Well this is one question. Kate, the variance for the setbacks to be 50 feet instead of 300 feet from the adjacent property. Aanenson: Right. When we put together this ordinance, we really, we looked at what we had in place right now for wholesale nurseries. We said 500 feet. Because this is a non- conforming situation, it's very onerous to put that same criteria on there so that's what the setback is now. So really what we're kind of doing is just giving that as a blanket...we felt was appropriate. ' Mancino: Thank you. With that, may I entertain a motion. Joyce: I'll try it. I'll make a motion the Planning Commission recommends that the City Council approve the interim use permit #96-2 for a wholesale and retail nursery, and a variance from the 300 foot setback requirement for a residence based on the findings . presented in the staff report and site plan dated June 10, 1?96,and subject, to.conditions 1 . . through i4'. .......' ..... .. ". .., '. -..,.,,' "d<__ ",.:' ,', ," ,..' .. . . .'"'' , 32 '. ) .J ,,-) Planning Commission Meeting - June 19. 1996 Mancino: Is there a second? Farmakes: Second. Mancino: Any discussion please? Conrad: What were we doing with. what's was staffs comment on 14? Were we eliminating that? Mancino: No. we were keeping it and just making sure that the applicant works with MoDot. I mean it is not the city's responsibility to decide about the deceleration lane. Aanenson: I guess we also said. if it was too onerous. you always have the option of just using the access for TH 101...which may be a safer situation. Mancino: So let's say we're not making it further west, understand. Aanenson: -If you want it further west, it's going to be... Conrad: I think staff also asked to put this property on an annual review basis. Under point number 6. Mancino: Would you accept this friendly amendment to number 6? Joyce: Yes I will. Mancino: Any other-discussion? Can we read through number 6 so Mr. Cook... Aanenson: Sure. Th'e'use shall terminate one year following the availability of public sewer and water and then we would add. in addition. an annual review shall be made to show compliance withconditioIis of approval. Mancino: Thank you. Joyce moved, Fmmakes seconded that the Planning Commission recommends that the City Council appl"Ove the intelim use pelmit for a wholesale and retail nursery, and a vmiance fmm the 300 foot setback requirement fl"Oma locsidence based on the findings presented in the staff IOCpOlt and site plan dated June 10, 1996 (pn~paIocd by Dick Henning Enterplise), and subject to the following conditions: - 33 , .J ., .' Planning Commission Meeting - June 19, 1996 1. Area 4 as shown on. the site plan shall not be used for the storage of equipment, materials or vehicles. Storage or display of nursery stock is permitted in Area: 4. 2. A fifty foot setback shall be maintained from all property lines for the storage of materials, growing ranges, and parking, except that the existing parking ,area and display area adjacent to Highway 212 and Highway 101 (southeast comer of the property) may continue to be used for these purposes. . No materials or displays shall be placed within the right-of-way or obstruct t~e view of the traveling public. 3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. 4. Exterior light sources shall be shielded. 5. No outside speaker system shall be allowed. 6. The use shall terminate one year following the availability of public sewer and water service. In addition, an annual review will be conducted/ to detelmine compliance with the conditions of approval. 7. Signage shall comply with city ordinances. 8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. 9. No contractors equipment shall be stored on the site with the exception of equipment necessary for the operation of the nursery. The applicant shall provide a list of vehicles, trailers, Bobcats, end loaders, or similar equipment that is proposed to be used and stored on the site prior to consideration by the City Council. 10. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landscaping plan for staff review prior to consideration by the City Council. 11. Unused pallets and equipment located along the north property line shall be removed from the site. 12. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of equipment~~d.materials is permitted in these buildings.. 34 " ,) ') ./ Planning Commission Meeting - June 19, 1996 13. The applicant shall submit a detailed grading, drainage and erosion control plan for review and approval by the city engineer. 14. The applicant shalLworkwith MoDot to relocate the access point on TH212 further to the west. A deceleration'lane should also be installed along westbound TH212. All voted in favor and the motion canied. PUBLIC HEARING: REQUEST FOR SITE PLAN APPROVAL FOR THREE BUILDINGS IN A 26.600 SQUARE FOOT COMMERCIAL DEVELOPMENT ON 3.4 ACRES AND A CONDmONAL USE PERMIT TO ALLOW MORE THAN ONE PRINCIPAL BUILDING . . ON A LOT. ON PROPERTY ZONED BG. GENERAL BUSINESS DISTRlCf AND LOCATED ON THE NORTHEAST CORNER OF POWERS BLVD. AND WEST 78TH STREET. LOTS 1 AND 2. WEST VILLAGE HEIGHTS 2ND ADDITION. WEST VILLAGE . CENTER. PHASE II. T.F. JAMES COMPANY. Due to a faulty tape, the staff pn~sentation, the apJ>licant's presentation and some of the commission's discussion was not I\~conled. Taping begins again at this point in the commission discussion. Conrad: I really don't have any questions Madam Chair. Mancino: So you're okay with the...on the west side. When you drive up and park right he~~, this is what you're going to see, When you drive up to Building A and parking in the parking spaces right here. Conrad: Yeah. Mancino: And you were talking about the...Are there any plantings? There are two trees right here. There's not a lot of foundation plantings around the buildings, correct? There's . more of the perimeter. Charlie James: One thing that I want to point out here, aIl,d maybe it's because most of them '. are dead but this drawing does not take into account the boulevard trees that the city has. I've got a little bit... In this area here, there is plantings...I know that there are some evergreens :Qere, in this area. They're looking at little peaked right-now but we didn't show those on our drawings. This is part of the city boulevard thing so these are in addition... Foundation plantiIigs~- . Well. '. ' 35 ~~/~ 1-VS ,~~ ) City Council Meeting - July 8, 1996 CouncilmanSenn: Put it in the contract. Mayor Chmiel: Colleen. Councilwoman Dockendorf: I didn't, I misunderstood you Charles. Since we're providing some of the fill, doesn't that mean that some of these bids should come down? Charles Folch: What will actually happen is we don't have to necessarily change the award tonight because the provisions in the contriict document allow us to do that at any time in the contract. So it will likely come through as a deduct sometime during the contract with a pay request. Councilwoman Dockendorf: Okay. Mayor Chmiel: Mark. Councilman Senn: No new questions. Mayor Chmiel: Okay, I don't have any questions in regard to that. So I'll call for a motion, Councilman Senn: Move approval. Councilwoman Dockendorf: Second, Resolution #96-59: Councilman Senn moved, Councilwoman l>ockendorf seconded to award the bids, for the Coulter Boulevard Phase II Road and Utility Improvement Project No. 93-26B to Minger Construction in an amount of $1,246,059.91. All voted in favor and the motion earned. REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY: AND VARIANCES TO THE SETBACK REQUIREMENTS: LOCATED AT THE NORTHWEST CORNER OF TH 101 AND TH 212. SKIP COOK Kate Aanenson: As you recall, the Council did approve an amendment to the A2 District which will allow for a retail garden center as an interim use permit. We did as a staff acknowledge that there may be some other appropriate applications, this site being one of them. Mr. Cook, who owns the property, is the applicant. He has a user on the site that would like to run a retail garden center. In researching this property it has been used for a farmers market since 1972. There's a landscape business, as I indicated, that currently wants to use the site. Our concern is that we make sure that it remains a landscape business and doesn't become a contractor's yard, which is not permitted. Staff did recommend approval of the interim use permit with the conditions. Planning Commission also recommended approval on June 19th. We believe that this use, with the appropriate conditions as we've attached, is a reasonable use of the property as long as they do follow the conditions until such time as urban services are available, and we did put that time limit on. As you know, interim use permit does have a termination date. We put we will review it annually and then also at such time that MUSA becomes available. I did hand out tonight a revised site plan, We have been working with the applicant since the Planning Commission meeting...site plan was too vague and the applicant has worked well with the staff to ,)ry to fiJ,1e tune that and we believe that...conditionsof the staff report. We wanted to design~te e?C~ctly what "'certainthings'wefl~'ands<i we've' gotaninventory:ofmaterials that are 'Out there: , S'O 'based on that; staff is "" recommending approval. I'd be happy to answer any questions that you have.' 24 , .it .) City Council Meeting - July 8, 1996 Mayor Chmiel: Thank you. Is there anyone who has concerns with regard to this proposal? If not, Steve. Councilman Berquist: What is that little triangular piece of land that's not designated anything? . Is that the adjoining landowner's piece? Kate Aanenson: This small piece of property? Right here? Councilman Berquist: Yep. Kate Aanenson: I would guess you'd say the gentleman's in the salvage business. It's not part of Mr. Cook's property. He has tried to clean that up. That certainly is an eyesore on that piece. Councilman Berquist: I have two other questions that are related. Condition number 9. The applicant uses equipment, does condition number 9 allow the applicant the use of equipment such as a Bobcat for operation of the center? Kate Aanenson: Yes, And he has showed where those will be located adjacent to, there's two storage units. If you look on the revised site plan dated July 8th, which you'll have to change in your recommendations on page 9. It says site plan dated June 5th. That should be changed to July 8th, On page 9, that is. Councilman Berquist: The only reason I bring it up is because, another condition and maybe it's condition 9. I didn't reference it specifically but there's something in there that says you can't store anything that could be construed as being used for a contractor's yard. Kate Aanenson: Right. If it relates to this piece but what we don't is for it to become a snowplowing business and that sort of thing. There's certain things that relate to the nursery business, which he does have. He does have rock and he's using a Bobcat and he's shown that on the site plan that's next to the buildings, Also he does rent part of the property that's shown as Area 3 and we did discuss that. There is a farmer that used that, which is exempt under the, if they want to come in, they're growing pumpkins there right now. They do occasionally park equipment so we're aware of that. What we want to do is just have an inventory so this doesn't become something else and when a higher and better use becomes available...have a problem trying to get this cleaned up so again we believe it's reasonable use of property. Councilman Berquist: Are there any conditions that were of concern to Mr, Cook? Kate Aanenson: Yes, I think he felt somewhat burdensome and he may have some comments still but I think we arrived at a pretty good compromise on all of them. We both agreed to change some of the language that were mutually acceptable and I think we worked well to get that resolved. I think that's why we also want to tie it to a site plan so we know it's out there, We've documented that SQ it doesn't become something else. We've had a history on this property and we're trying to look past that and try to... Councilman Berquist: On this property? Kate Aanenson:. Yes. .~::"~ t;";.;;.:;:'~'~'~.::~. :".:.'.:" / .... '~>.'. ",.:.,.;,-;".:,,:. ..... '.' ...-......,...h.:.. . .-; ~.', "." .- '". .. Couricilman Senn: Any nursery does, 25 .) . } City Council Meeting - July 8, 1996 Councilwoman Dockendorf: Yes, any nursery in Chanhassen has a history. Mayor Chmiel: Okay. Before I go on, is Mr. Cook here? Skip Cook: Yes. Mayor Chmiel: Good. Is there any specific concerns that you might have with your recommendations? Skip Cook: I went over, first my name is Skip Cook. I mentioned to Steve before I came up here...restroom, I'm a little unorganized mind here. I'm from Eden Prairie. Some of the concerns that I had, I talked with John Rask, Kate's assistant...and I think we clarified most of those. On number 1, here before is from the site plan. I just wanted to make sure, and John assured me that... I couldn't quite hear, tell me again about the trees down there. Is that acceptable to the plans that I gave for the trees along TH 10 I? Kate Aanenson: Yes. Skip Cook: Just so I understand...garden center associated. Everything else I guess I was happy to get. One question I had, and I raised again with Mr. Rask is about your owning a property and then limiting you all these things. I mean I understand you've got to control some of it...l'hat should be allowed, if I understand that correctly. Not that I'm using it for that It's to say all of a sudden I wanted to put something there. Pay the tax on it. Pay the storm water. The utilities and stuff. I'm allowed to do that, is that correct? Mayor Chmiel: Kate? Kate Aanenson: Sure. We did discuss this. Again, outdoor storage in the city is prohibited unless it's completely enclosed, and we didn't want this to become a place where people would lease spaces for equipment for the winter, Again having it become something that we didn't intend to do. What he would like to do, he has some personal property down there and we say it's really not related to that. We prefer that it not be able to. That was. Skip Cook: I think...2 years ago...If you've watched that, I've tried to clean it up... The new tenant is very, in my opinion, very...very well organized. Kate Aanenson: I guess our point was, there are two storage buildings on this site, Mayor Chmiel: Yeah, right to the back side, Those were for your oil recovery or something at one time. Okay. Skip Cook: Any other questions? Mayor Chmiel: Steve, do you have any questions? Councilman Berquist: No. If you're happy, I'm happy. ., ... "Mayor Chmiel~ Collee-rt:' '. . . .'" .. _~. ,._ \M:"_':.~ ..c.~.' .-. Councilwoman Dockendorf: Just a question for Kate, The land use plan is unguided.. I was surprised at that 26 :.>- -<:..~\ .1 , , . , City Council Meeting - July 8. 1996 Kate Aanenson: We had a few white spaces on the map. Yes. As part of the Bluff Creek, we had made a recommendation on this. Not to digress too far but it's part of that watershed plan so we do have some land use recommendations that you'll be reviewing as that plan comes before you. Councilwoman Dockendorf: Okay. Mayor Chmiel: Alright. Is there a motion? Councilman Berquist: I'll move approval of the interim Use permit request for a retail nursery at 850 Flying Cloud Drive. subject to the conditions contained within the staff report. Mayor Chmiel: Okay, and with the correction within the staff recommendation of what was. Kate Aanenson: The site plan dated July 8th. Mayor Chmiel: Okay. Councilwoman Dockendorf: Second. Councilman Berquist moved, Councilwoman Dockendon seconded to approve the interim use pennit for a wholesale and retail nunel)', and a variance from the 300 foot setback requirement from a residence based on the findings presented in the staff report and site plan dated July 8, 1996 (prepared by Dick Henning Enterprise), and subject to the following conditions: L Area 4 as shown on the site plan shall not be used for the storage of equipment, materials or vehicles associated with the garden center. Storage or display of nursery stock is permitted in Area 4. 2, A fifty foot setback shall be maintained from all property lines for the storage of materials, growing ranges, and parking. except that the existing parking area and display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. 3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m. 4. Exterior light sources shall be shielded. 5. No outside speaker system shall be allowed. 6. The use shall terminate one year following the availability of public sewer and water service. revie\v will be conducted to determin~.compliance w~th,the atta,c,h~d co~ditions.... An annual ..,....:::.. .. . . '- '".' "'.~.. 7; . -'- . . . -.. -. .. - . Signage shall comply with city ordinances. 27 ~ ., ''\ \ 'j ) City Council Meeting - July 8, 1996 8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. 9. No contractors equipment shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. No other contractors equipment shall be stored on the property. 10. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landsc~ping plan for staff review prior to consideration by the City Council. 11. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. 12. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of equipment and materials is permitted in these buildings. 13. No grading of the property shall be permitted unless a grading permit is obtained from the City. 14. The applicant shall work with MnDot in examining the possibility of relocating the access point on TH 212 further to t4e west and providing a deceleration lane along westbound TH 212 in conjunction with the Highway 212 improvements. All voted in favor and the motion eanied. APPROVE PLANS & SPECIFlCATIONS FOR ARBORETUM BOULEVARD EXTENSION TO LAKE ANN PARK: AUTIIORIZE ADVERTISING FOR BIDS. PROJECf NO. 95-21. Charles Folch: Thank you Mr. Mayor, members of the Council. Tonight we have the project engineer, Mr. James Knutson with Barton-Aschman here to give you an overview presentation of the primary project elements and a list of those associated costs and the Council talk about a schedule to date. So with that I'll turn it over to Mr. Knutson. James Knutson: Thanks Charles, Mr. Chairman, members of the Council. Thank you for the opportunity to present information on the project on Arboretum Boulevard from Powers Boulevard, County Road 117 to the Lake Ann Park entrance. It's about 2,800 feet long. I have an aerial photo that's been taken of that area. Powers Boulevard, one of the project I guess terminates at this end because we...west to east. The Lake Ann Park entrance over here. Runs along the north side of Trunk Highway 5, across the ravine area and around the pond that has been constructed as a part of the 78th Street project. This is the photo here of the Lake Ann Park entrance. As part of the park improvement project that's been proposed, to do something with the entrance at the little park building here that helps control and the entrance and exit from the park. This will be improved into kind of a divided roadway to provide some left turn protection for the vehicles coming out of there, and this has been one of the focuses of the improved Arboretum Boulevard along here. It promotes safety problems here along Trunk Highway 5. The project itself, this is Arboretum Boulevard itself will be a 36 foot wide street, curb to curb, You'll have about a 16 foot boulevard in here and a trail. This is on the north side of the road. 10 foot trail, and the trail itself will be:~he profile along the trail will be coordinated with the adjacent . prop~rty the~e so tha~Hthetrail will be going up and ,down in or<l~r ~o provide mOl,'e of a natural pitch w.ith the .. . "<::'^! ... :c,~.':~e~isiwg,:tr~il.,.:thi'~'l~~:a:tYpic~lsl,>,ctiQn:9fth1,>,: ,Lake ,'AnD:Pa~keritrance-..'W e'li. be providing a m~diaii 'b~twe~n the media 'inbound and the outbound roadways. ~t median will be widened up to give Ii place for this building. Either the current building or a new builchng that the park department will build in there. This all 28 CITY OFCHANHASSEN AFFIDA VIT 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 April 6, 2006, 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 Green Gardens IUP Amendment - Planning Case 06-15 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. Subscribed and sworn to before me this lo+k day of (:\.-pr\ \ . , 2006. ~vM :T. ~~- ) - Notary lC KiM T. 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(Q~~ '<'<l>>me..3 55a ~ s ~<D ~~u <s: -Om ~a -~~ -< ~ ~ B~ ~<::l -_> O~<D <CD ->ff <D 0CDn .:::J"'~ ?:::r::l ~~ a::l~ o3! ~<~ ~~!Jl g~ a>~ =,,<";a. =~ ~ ar~ 2. ~ ~~ ~ 0 ~a !~? ~ 0 ~ mrE as. <Ii ~ ~ \ \ ! ! ! i \ Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one, This map isa compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only, The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1107, The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. ! i \ ! ! ! ! i Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one, This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only, The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features, If errors or discrepancies are found please contact 952.227.1107, The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided, ALAN D & ANDREA S CARTY 675 LAKOTA LN CHASKA. MN 55318 -9455 WAYNE A & INGRID A DICASTRI 1025 HESSE FARM RD CHASKA. MN 55318 .9527 RILEY PURGATORY BLF CRK WS C/O PAUL HAIK 701 4TH AVE S SUITE 500 MINNEAPOLIS. MN 55415 -1810 BRUCE B & SUSAN V RECH 1000 HESSE FARM RD CHASKA. MN 55318 -9520 L RICHARD & KAREN C DEE 1201 HESSE FARM CIR CHASKA . MN 55318 -9518 JOHN D & BARBARA J FORCE 1001 HESSE FARM RD CHASKA . MN 55318 -9527 DEBRA L WENDORF 740 VOGELSBURG TRL CHASKA. MN 55318 -9461 ALLEN R ROTHE 750 VOGELSBERG TRL CHASKA . MN 55318 -9461 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA. MN 55318 -9515 BRIAN J&WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA. MN 55318 -9515 LOUISE E ZAMJAHN ETAL C/O DAVID ZAMJAHN 7506 77TH ST CHASKA . MN 55318 -9600 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA. MN 55387 -9629 STATE OF MINNESOTA-DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD STPAUL. MN 55155 -4030 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE. MN 55347 -1439 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA. MN 55318 -9470 EMERALD VENTURES LLC PO BOX 260 CHASKA . MN 55318 -0260 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S SW STREET LEVEL MINNEAPOLIS. MN 55487 -0999 Public Hearing Nbtification Area (500 feet) Green Gardens Interim UseP,ermit Amendment 850 Flying Cloud Drive Planning Case No. 06-15 City ofChanhassen 'fB I ! I ~.._--, , \ ----- . . . \ / , I '-. SUBJECT SITE f~,,) I ! ! .. ;;~.(~;;~:;i;.~~::~;,~.=,=~:;:,;=:~:.;,~;.;,i.j~.f.~ _~""~'~.~_,~:::;;~:7::~:::,:~;b'~';'~'::~ .~r- ~ /tAr"", Ii , Ii .-: ' t \ . a! .... J.~~.;~,,-, ~~"'~. ,/ r Lg,~ , .~'1lll ~3 "OO-\~ 5' ~.I ~i>'''~- ;s: r: ~;.~~, ..;.,~ o ~~4~t;~ ':~4~~. ~ ~ _. .',!..' ,; 000000000 ;-;... "~.-~...... ...,~,..;;:",~.~~~: VJ,:;;;;;' ~ N ~ ~.#~~~~ -----.,--... ~. 1- -~ -- '"0 OJ :::J rt' lJl rt' o ..... OJ 10 CD OJ :::J a. lJl OJ ro lJl OJ ..... 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Public Present: Name Address Keith Werner Corey Truebenbach Skip Cook 850 Flying Cloud Drive 404 Synchove Street, Jordan 850 Flying Cloud Drive Josh Metzer presented the staff report on this item. McDonald: Who would like to start? Keefe: I'll go first. Just a quick question Josh in regards to, you know it says in the fall of '04 and '05, staff conducted an inspection and found this non-compliance. How do we get from there to here? Did anything happen between the time that those? Metzer: It was basically trying to figure out which route they wanted to go. Whether or not they wanted to go through the process of amending the IUP or whether or not they had the ability to make these changes that they were proposing, or whether or not they had the ability to change it back to comply with the original IUP. What happened was, between the time that the original IUP was adopted in 1996, it had changed operators, tenants and in that the idea and the conditions of approval, what was considered complying and not complying kind of got lost. Aanenson: Different proprietors probably of what was permitted. Metzer: Right, and so over time it was just kind of a back track if you will to what is complying and what's not. Keefe: Is it your sense then that the applicant will be able to make the improvements that are. Metzer: Yes, and actually I visited the site this afternoon before the meeting and, even since the last time I've been down there about 2 weeks ago it's a considerable improvement so. Keefe: Great. McDonald: Comments? Dillon? Planning Commission Meeting - April 18, 2006 Dillon: Not at this time. McDonald: No comments? The only comment I have, you answered one of the questions I had on this but what is the remedy for the City if they fail to comply with any of this? I mean right now because it's in an interim use you can hold part of that over them, but you know what's our hammer in the future. Metzer: Basically if, it's either amended tonight or if the amendment is denied, they have to comply. If they don't do so, we'll begin the process of revoking the interim use permit. McDonald: Okay. I have no further questions. Do we have an applicant to come forward and present to us? Skip Cook: My name is Skip Cook. I'm the owner of the property. The applicant on the application would be Keith Werner. He's the new tenant the past 2 years. I think Kate and Josh would agree that there's been a great amount of work, which Josh spoke of earlier. A great amount of work done to improve the property and try to, he's been trying to work with the city to get things back in order as such to the '96 interim use permit. We'd just like to keep moving forward working with the city and he's tried to have a good relationship with Josh and actually is excited about it to move forward. I think you'll see listed in there somewhere, or buried in there maybe, we'd like to work on some signage. He's been in there for about 2 years now. He'd like to see a possibility of expanding. Maybe expanding isn't the right word, but redoing the existing garden center building. Making it more appealing from the curb. Maybe adding a little storage. I think Josh left an opening in there for that at some point. Maybe a new building. Just to clean it up from the curb. Make it appealing. We talked to Josh at great length about signage. Maybe doing a monument sign out front. Something that would be appealing to the city and passers by. McDonald: Any questions for the applicant? Okay, I want to make one comment. I was also down by the site because I was concerned about some of those pictures and things in your letter and you've made vast improvements so, thank you very much. Okay. This is a public meeting so I will open the podium to anyone that wishes to come up and address the commission on this particular applicant. Okay, seeing no one get up or making any notion that they want to, we'll close the public meeting and bring it back up to the commissioners for comment and review. No? No? Okay. Papke: I've had the pleasure of driving by this facility for 25 years and it's definitely had it's up's and down's. Particularly what's now marked as the overflow storage area #4 has been king of problematic in the last couple years. So I think this is a step forward. I mean what's past is past, but hopefully this will get us going in the right direction and allow us to all color inside the lines from here on out so I support this one. Planning Commission Meeting - April 18, 2006 McDonald: Okay. Yeah, I'm impressed by the fact that you did take heed of what city staff, what Josh had written and you have addressed those issues. I understand as a business there are certain things you want to do, and I wish you luck with that. And as you come back and wish to do any of the expansions or anything, we will gladly listen to it and hopefully we can accommodate each other so I too would support all of this. At which point I'm open for a motion. Keefe: I'll make a motion the Planning Commission recommends approval of the amendment to Interim Use Permit #96-2, allowing the expansion of the wholesale retail nursery use on property located in the Agricultural Estate A-2 District at 850 Flying Cloud Drive as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to conditions 1 through 31 with number 21 being amended to 8:00 a.m. for Saturday and Sunday. McDonald: Do I have a second? Undestad: Second. Keefe moved, Undestad seconded that the Planning Commission recommends approval of the Interim Use Permit #96-2 allowing the expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: 1. The applicant shall submit vehicular use area measurements. 2. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. 3. The applicant shall install overstory trees in the parking area in quantities as required by City Code. 4. Bufferyard plantings will be required along Highway 212 to screen the parking lot. 5. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from Highway 212. 6. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. 7. The accumulation of nursery waste shall not be permitted on site. 8. Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the IUP amendment activities. Planning Commission Meeting - April 18, 2006 9. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. 10. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. 11. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 12. Applicant must fill out the aboveground storage tank installation permit application. 13. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. 14. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. 15. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. 16. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. 17. The applicant will be allowed to utilize the trailer through November 30, 2006. The trailer must be permanently removed from the property no later than December 1, 2006. 18. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. 19. Area 4 shall not be used for the storage of equipment, materials or vehicles associated with the nursery. Storage or display of nursery stock is permitted in Area 4. 20. A 50-foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of- way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. 21. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m. Planning Commission Meeting - April 18, 2006 22. Exterior light sources shall be shielded. 23. No outside speaker system shall be allowed. 24. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. 25. The applicant shall work with staff to develop signage that will comply with city ordinances. 26. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. 27. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. 28. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. 29. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. 30. No grading of the property shall be permitted unless a grading permit is obtained from the City. 31. The applicant shall work with MnDOT in examining the possibility of relocating the access point on TH 212 further to the west and providing a deceleration lane along westbound TH 212 in conjunction with the Highway 212 improvements. All voted in favor and the motion carried unanimously with a vote of 5 to O. Aanenson: Before they leave I just wanted to thank Mr. Cook publicly on the record because this property right here which you recently acquired has been, yeah this property right here which has really been cleaned up and I really, there's not a lot of people that take it on their own and it was an eye sore and I appreciate you acquiring it and cleaning it up. That's been an eye sore in the city for a number of years so want to thank you for doing that. McDonald: And I will also say, thank you again.