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CAS-15_GREEN GARDENS NURSERY - 850 FLYING CLOUD DRIVEFT -F stone bins overflow storage st ins I hardoods storage 9. I-� trailer �. equipment parking and storage I display garden --future 3hed plant storage and sales area stone sales area mulch bins existing sheds parking p ossible future =_ J = existing garden i plant storage and sales area green ouse - - - - center ---Z_L=-- _=--- r - 0 !' greenhouse 1 entry -It sales display sign OO possible future existing entrance entrance HIGHWAY 212 RECEIVED MAR 3 1 2006 CITY OF CHANHASSEN a ro V 1" = 30' 1:360 SCANNED designed 2005 by jeff zeitler of green gardens nursery and landscaping t1in Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick HenivA. Schaefer, III Alina Schwartz Craig K. McDowell Marguerite M. McCarron . Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan. MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com C C: CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mailAddress. snelson@ck-law.com September 15, 2006 RECEIVED Ms. Kim Meuwissen SEP 18 2006 City ofCbanbassen CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN — MISC. RECORDED DOCUMENTS ➢ Interim Use Permit #96-2/Restated and Amended Interim Use Permit (Green Gardens — Planning Case No. 06-11) \S16 15 Dear Kim: Enclosed for the City's files please original recorded Interim Use Permit (96-2 which was filed with Carver County on July 27, 2006 as Abstract Document No. A446399. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association B 9 an R. Nelson, Legal ssistant SCANNED DOCIM-NEEIN-T DAM DO DINT rnAr7c) 1D A 4-,r Document NO. OFFICE OF THE A 4 4 6 3 9 9 COUNTY RECORDE R CARVER COUNTY, MINNESOTA Fee $ 4600 Check# 16057 Certified Recorded on 07-27-2006 at 01:00 ❑ A1�dpM 446399 II I I IIII I VIII) I III �uw n er f. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GREEN GARDENS - PLANNING CASE NO. 06-)r )5 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District. 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 Interim Use Permit 96-2 IUP — Planning Case 06-11 is issued for the expansion of the wholesalelretail 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: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along Highway 212 to screen the parking lot. e. 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. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. g. The accumulation of nursery waste shall not be permitted on site. h. 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. i. 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. SCANNED j. 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. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. in. 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. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. q. 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. r. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. s. 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. t. 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 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. u. 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. v. Exterior light sources shall be shielded. w. No outside speaker system shall be allowed. x. 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. y. The applicant shall work with staff to develop signage that will comply with city ordinances. z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. aa. 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. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. cc. 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. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. ee. 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. ff. All loading or unloading should be done on site and not blocking either Highway 212 or 101. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns 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: May 8, 2006 (SEAL) CITY OF CHANHASSEN RVA /:\ Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this CIM o day of , 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. D�C City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 gAplan\2006 planning w V)6-15 grew gardens iup amendment\amended hip ' ' 1�Wr0 • • `i C M ,,... 3 'R KAREN J. ENGELRARDT Notary Public -Minnesota 'I a My commission Expires Jen 31. 2010 I*J:1131 That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My of (952) 227-1100 EN To: Keith Werner Green Gardens Nursery 850 Flying Cloud Drive Chaska, MN 55318 Ship To: Invoice SALESPERSON DATE TERMS KTM 4/6/06 upon receipt NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for April 18, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-15. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! 1 J ~ 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. SCANNED E 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. 1. 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 zoning 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 E 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 beans, 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 am. 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. i. 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. 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. CH) M g:\plau\2006 planning caves\06-15 green gardms iup ameudm Af ridings CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-15 NOTICEISHEREBYGIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 18, 21106, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to considerarequestforanamendment to Interim Use Permit #96-2 for expansion of the wholesale/retail nursery use on property located at 850 Flying Cloud Drive - GREEN GARDENS. Applicant Keith Werner. A plan showing the location of the proposal is available for public review on a rty''s web site aa/t 3�V aII1 a_ fDI ori Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: imetzerActcha_n_haccen,ir 1t- Phone: 952-227- 1132 (PublishedintheChanhassainVillager on Thursday, April 6,2006; No. 4693) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7 y� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit- Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrsmvwxyz Laurie A. Hartmann Subscribed and swom before me on this day of, 2006 Notary Public GA&MAL 9M NFA M AADUENZ NOTARY KMW-WKSOLA RY Cammedon ,lea 31, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter- ............................................. $11.51 per column inch SCANNED } City Council Meeting —May 8, 2006 (2) Emergency slow -no wake areas may be established by resolution of the city council and shall be marked in accordance with the appropriate regulations of the state department of natural resources and posted at all public accesses. (3) Special Slow -No Wake Restrictions (a) Lotus Lake: All persons shall operate watercraft at a slow -no wake speed on Lotus Lake whenever the water elevation exceeds the 100 -year predicted level for Lotus Lake of 896.8 MSL as set forth in the 1994 Surface Water Management Plan. The slow -no wake surface zoning shall remain in place until the water drops below the 100 -year predicted level of 896.8 MSL for 3 consecutive days. Upon the placement of a slow -no wake restriction, notice will be given: 1. On a sign posted at the public access. 2. On the City of Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. 5. In an e-mail format to known representatives on Lotus Lake. 6. To the Carver County Sheriffs Department. 7. To the public by other appropriate means determined by Council. " All voted in favor and the motion carried unanimously with a vote of 4 to 0. GREEN GARDENS, 850 FLYING CLOUD DRIVE, APPLICANT KEITH WERNER: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 FOR EXPANSION OF THE WHOESALEIRETAIL NURSERY USE. Public Present: Name Address Skip Cook Eden Prairie Keith Werner 850 Flying Cloud Drive Kate Aanenson: Thank you Mayor, council. This item before you tonight is to address changes to an interim use permit that was granted in 1996. The nursery itself has changed hands a couple times. In the fall of 2004 and spring of 2005 staff found that they're in non-compliance with the interim use permit and therefore have worked to try to get it back into compliance. And the applicant has requested some changes to that interim use permit. The Planning Commission did hold a public hearing on April 18`s to review the proposal and did recommend approval 5-0 for the amendment. And the staff is recommending approval of the changes to the interim use that's found on page 9 and 11. I'd like to go through the project and the ... interim use. On your staff report on page 2 it talks about the applicable regulations. The interim use follows the conditional use standards and there is standards for wholesale nursery and the intent... The intent of that is pre-existing retail nurseries. Again the history of this, this goes back a number of years. This goes back to 1972 when it was kind of a farmers market and has changed kind of the use and the 15 City Council Meeting — May 8, 2006 characteristic of that site. But the intent of the interim use is to establish the fact that they are non -conforming and provide reasonable use of the property. While we recognize that over time that it will go away, so the difference between a conditional use and interim use is that there's a definite end, and we believe that at the time that sewer and water's down there, that this use will go away because as proposed, the nursery itself doesn't meet architectural or screening, outdoor storage and the like. So therefore the interim does allow for the use of the property. On this colorful site plan before you, we've identified in the staff report, and I'm not going to go through a lot of that. Just briefly the changes. In the interim use analysis on page 3, we identified the four areas as shown on the map ... and those area really a future storage shed, supplementary office. In the area 2, more display garden and storage bins. Again people come and get rocks and stones and that sort of thing. Mulch. Future greenhouse. Future parking and that's where most the changes have occurred. Again a concern too was with the grading and the change in that area, and then area 3 which is the most northerly portion would be again some hard goods storage, it'd be rock storage bins. ...today that there is some backing of trucks backing in this way, which we don't want to have happen. Any loading should be on site and we want to put that as a condition of approval that they use appropriate circulation, that they're not backing up. Councilman Labatt: Did you say we need to add that? Kate Aanenson: Yeah, we should. That they need to come in so they're not blocking 101. That they shouldn't be doing any loading or storage in that area, and just the flat safety of the traffic flow for that area. Mayor Furlong: Do you have language that you want to add or will when we get to that? Kate Aanenson: Yes. On section 20, I'm on page 7. Section 20-383. We did go through the interim use standards in there. Again providing the drop dead date. Again a date that we put on there is at the time that we're down there for sewer and water would be the termination of this site itself. Councilman Labatt: What number is it? Kate Aanenson: Page 7. Yeah the conditions that start there. Requirements that they need, so the actual date under the findings would be the termination of the date... sewer and water so even though we're down, if we've identified the staging area, just because that comes in doesn't necessarily mean that sewer would be available then so at the time that we come down with sewer and water. And then the findings that we've committed are also discussed because there are some non -conforming signs originally on this site. So with that we're, on page 9 we do recommend the conditions of approval, that the City Council, it says Planning Commission... City Council. Then I would add condition number 32 that would say, all loading or unloading should be done on site and not blocking either Highway 212 or 101. Mayor Furlong: I guess to that point, because this was a, one of the things that I observed when I was driving on 212 the other day was a semi trailer driving down 101 south. When the light turned green on 212 so the people on 101 south could go, he pulled in forward into the motel and then jockeyed a few times backing up onto the, into the property without, I don't know that he 16 City Council Meeting — May 8, 2006 was necessarily loading or unloading to do that. He was just maneuvering his vehicle off the state road so that it would be easier for him once he got onto the property and so I guess, they need to have access onto the property, but I think all vehicle maneuvering should be done on the property as well because it occurred while the light was green and everybody coming south on 101 had to wait through at least 1 extra signal change. Fortunately it was in mid-morning but if that had happened at 4:30 at night, it would have caused a lot of problems so, is this going to cover it or is there language we could, all the loading or unloading actually needs to be done on site but I think you know that there's, how do we deal with that jockeying on the state highway and obstructing traffic while they maneuver, position their vehicle? They need to have access. Can they just go straight in? Kate Aanenson: Right, that's what I'm saying, right. Exactly. Mayor Furlong: We need them to go straight into the site and whether it's off 101 or 212. Kate Aanenson: And all the tum movements. Mayor Furlong: And then maneuver on the property. Kate Aanenson: Yeah, all turn movements to either load or unload should be on site. Is that adequate? All tum movements for loading or unloading storage should be accommodated on site and not on the state highways. Roger Knutson: I think that's as best you can do. Mayor Furlong: ... from an observation standpoint. And you know it's a state road so I mean they need to be able to come on and off, and they're going to have deliveries and that's their business and that's fine. Kate Aanenson: But I think to your point, if it's operation or setting up that they can't do that way, then they need to make some changes on site, and that would be kind of the tie back, that nexus that if it's, the way it's orientated right now requires that they back in, then they need to change something on site. So that doesn't occur, and that would be our tie back. Mayor Furlong: To avoid the obstructions? Kate Aanenson: Correct. Mayor Furlong: Yep. Okay. So what was your recommendation then on that addition? All turning movements. Kate Aanenson: All vehicles tuming...or turning movements be completed on site. And then I don't know if it's clear just to say to, if internal changes need to be made. 17 City Council Meeting — May 8, 2006 Councilman Labatt: Excuse me Kate. Would it be easier ... to say you know truck routes. I mean they tell the truckers that are coming into the business where to unload or load. This is the road you have to take to avoid it. Can we just. Kate Aanenson: I would think some of it's probably communication issue and also... Councilman Labatt: ...designate a certain entrance. Where you go off of 212 as a truck route because I mean could you. Kate Aanenson: I don't know if that's the problem. I think it's more just trying to get better access to, when there's a lot of stuff stored out there. Mayor Furlong: Do you think it's only that they need their truckers to come in off 212 instead of 101, they should put up a sign that says don't come in off 101. Come in off 212. I think what we need to do, we can't restrict their access of the road, unless they can tell us that it has, that it can't comply. Councilman Labatt: Well I don't know ... public safety issue. Let's just say if there's a truck maneuvering back and forth... Mayor Furlong: Absolutely. It was an obstruction Councilman Labatt: Very slick road and all of a sudden a truck's coming down 101 and wham. Mayor Furlong: And my point. Kate Aanenson: ...property is that, he saw that truck and he didn't believe that was part of their business operations. Skip Cook: When I saw, I witnessed the exact same thing and the truck did not, I was totally shocked... blocking the lanes. It was ridiculous but he ended up going back north on 101. Jockeying around right on the state property right across from the entrance on 101... Mayor Furlong: So it may be a non -issue. He said he wasn't delivering anything? Skip Cook: ...but that was an issue with the truck not knowing where he was going. He was not coming to the nursery but, so yeah. If the DOT was there like normal, he would have been... Kate Aanenson: But I think to your point that it probably still was good that we just observed that the site is set up in such a manner that it doesn't force instances to occur. It appeared like it probably is, but we can check on that too. Mayor Furlong: Okay, good. Todd Gerhardt: You should also know that that is a traffic violation from the state level or city level or county level so. IF, City Council Meeting — May 8, 2006 Mayor Furlong: Yeah, that would be a misdemeanor Councilman Labatt: Well, is he creating a wake? Mayor Furlong: He was not creating a wake. He wasn't go fast enough to do that. Okay, any other questions for staff at this point? The applicant is here. Any comments you'd like to address to the council? You don't have to but certainly want to give you the opportunity. Okay. Any questions for the applicant? Seeing none, with that I'll open up discussion at the council level. It seems fairly straight forward with the added condition 32. Sounds like, it certainly meets their needs as well so any other discussion? If not is there a motion to approve? Councilman Labatt: Move approval on the staff recommendation subject to conditions 1 through 32. 32 as the amendment. Mayor Furlong: Recommended by staff this evening? Councilman Labatt: Yep. Mayor Furlong: With regards to turning movements on the site. Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion? Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve Interim Use Permit #96-2 allowing the expansion of the wholesaletretail 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. 19 City Council Meeting — May 8, 2006 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. 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 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. 20 S City Council Meeting — May 8, 2006 21. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. 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. 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. 32. All loading or unloading should be done on site and not blocking either Highway 212 or 101. All voted in favor and the motion carried unanimously with a vote of 4 to 0. L APPROXIMATELY 80 ACRES INTO 156 SINGLE FAMILY CLUSTER LOTS; SITE PLAN REVIEW; CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT AND ALTERATIONS WITHIN THE FLOOD PLAIN; WETLAND ALTERATION PERMIT FOR CROSSING BLUFF CREEK; AND VARIANCES. 21 CITY OF CHANHA • N PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 1.511 Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/8/06 Restated and Amended Interim Use Permit 96-02 Green Gardens For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Keith Werner, Green Gardens Skip Cook, Property Owner SIGNED: 227-1107 K enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GREEN GARDENS - PLANNING CASE NO. 06-11 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Expansion of the wholesaletretail nursery use on property located in the Agricultural Estate (A-2) District. 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 Interim Use Permit 96-2 IUP — Planning Case 06-11 is issued for 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: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along Highway 212 to screen the parking lot. e. 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. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. h. 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. i. 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. 0 0 j. 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. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. m. 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. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. q. 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. r. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. s. 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. t. 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 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. u. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 8:00 am. 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. v. Exterior light sources shall be shielded. w. No outside speaker system shall be allowed. x. 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. y. The applicant shall work with staff to develop signage that will comply with city ordinances. 0 z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. aa. 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. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. CC. 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. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. cc. 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. ff. All loading or unloading should be done on site and not blocking either Highway 212 or 101. 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: May 8, 2006 (SEAL) CITY OF CHANHASSEN M Tom jDglong, Mayor AND: //�' Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this8day of, 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I► , M � -ar•••i:w KAREN J. ENGELHARDT Notary Public -Minnesota My Com n"lon Ezphee Jen 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplan\2006 planning cases\06-15 green gardens iup a mendmenAamended iup.doc r 0 That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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. r CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 LETTER OF TRANSMITTAL DATE JOBNOf 6/8/06 06 -`IQ ATTENTION Sue Nelson RE: Document Recording WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ C)CC J COPIES DATE NO. DESCRIPTION 1 5/8/06 Restated and Amended Interim Use Permit 96-02 Green Gardens THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Keith Werner, Green Gardens Skip Cook, Property Owner SIGNED: If enclosures are not as noted, kindly notify us at once. copies for approval copies for distribution corrected prints 227-1107 SCANNED 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GREEN GARDENS - PLANNING CASE NO. 06-11 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District. 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 Interim Use Permit 96-2 IUP — Planning Case 06-11 is issued for 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: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along Highway 212 to screen the parking lot. e. 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. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. h. 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. i. 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. j. 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. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. m. 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. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. q. 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. r. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. s. 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. t. 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 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. u. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. 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. v. Exterior light sources shall be shielded w. No outside speaker system shall be allowed. X. 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. y. The applicant shall work with staff to develop signage that will comply with city ordinances. z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. aa. 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. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. cc. 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. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. ee. 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. ff. All loading or unloading should be done on site and not blocking either Highway 212 or 101. 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: May 8, 2006 CITY OF CHANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisb=' day of , 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. c� tI.U� NOTA3k PUB1!1C gz—&7� NHARDT ary Public -Minnesota My Commission Expires Jen 31, 2010 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplan\2006 planning easesN06-15 green gardens iup arreudment\a ded iup.dm That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/18/2006 2:11:56 PM Receipt No. 0011053 CLERK: katie PAYEE: GREEN GARDENS NURSERY 850 FLYING CLOUD DRIVE PLANNING CASE 06-15 ------------------------------------------------------- GIS List 48.00 Total 48.00 Cash 0.00 Check 3688 48.00 Change Gjo -IS SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 00F (952) 227-1100 To: Keith Werner Green Gardens Nursery 850 Flying Cloud Drive Chaska, MN 55318 Ship To: Invoice SALESPERSON DATE TERMS KTM 4/6/06 upon receipt QUANTITY I DESCRIPTION I UNIT PRICE AMOUNT 16 1 Property Owners List within 500' of 850 Flying Cloud Drive (16 labels) 1 $3.00 $48.00 TOTAL DUE $48.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for April 18, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-15. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED ,: n s i � .c-'-�' .. ;. _seri n .. n n _..!J�:y f.: —. - r. sMr>..._._ �+ S �' � �. _ t _ "�4�. H Vii;.-� ,x -_ .:.-fi,', .. 'Y - . :z: %dal¢' 1 �iC pu@�.:-.-.. Vii' {.m IRW 4 MIA 11 03 .. . . . . Vii," wiLMW7, Flo. —JEW X 17 -mom 1: WOW • • `)1,, 0 Planning Commission Meeting — April 18, 2006 used for the restoration." 59. The developer shall work with staff to develop architectural variety or texture for the garage doors, whether windows or other type of architectural variety. 60. Developer will reconsider their tree preservation plan in an attempt to save significant trees currently slated for removal. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: GREEN GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT #96-2 FOR EXPANSION OF THE WHOLESALE/RETAIIL NURSERY USE THE SM IS LOCATED IN THE AGRICULTURAL ESTATE (A-2) DISTRICT AT 850 FLYING CLOUD DRIVE, PLANNING CASE 06-15 Public Present: Name Address Keith Werner 850 Flying Cloud Drive Corey Truebenbach 404 Syncbove Street, Jordan Skip Cook . 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 NP 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. 37 {GINNED 0 0 Planning Commission Meeting — April 18, 2006 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? 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 38 0 0 Planning Commission Meeting — April 18, 2006 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. 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 wholesaletretail 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. 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 comer 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. W 0 0 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 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. 21. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. 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. 40 0 • 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 0. 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. APPROVAL OF MINUTES: Commissioner Papke noted the verbatim and summary minutes of the Planning Commission meeting dated April 4, 2006 as presented. McDonald: Okay at that point, do we have any presentations? Aanenson: We do before going into a work session I just wanted to add one thing on your upcoming items. I just lost mine, for next Planning Commission meeting. Thank you. On the next meeting I did add for the work session Lakeview Hills is, they just want to meet with you and explain to you their plans. Very conceptual. But they want to meet. 41 rm 6 'P 6 CITY OF CHMS rte. 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn. us �o Tris map is neither a legally recorded map nor a sunray, 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 Were] offices antl other sources regarding Me area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Infoorre0on 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 eaecting 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 prece3ng disclaimer is provided pursuant to Minnesota Statures §465.03, Solid. 21 (2000), and the user of this map acknowledges that the City shall not W liable for any damages, and evoessky waives all claim, and agrees to defend, indemnify, and hid handess the City from any and all claim brought by User, its employees or agents, or third pentesaMgyh2rRe_ogCM t� a� -- - data provided. S % 3 7 T MIus.PesraeE—L;J: �1=Q,39 r ME376 Ii Fge 137e8 ..• RECEIVED APR 1 1 2006 Y OF RILEY C/O PAUL HAIICORY BLF CRK WS S�4yyNFO Notice of Public Hearing Chanhassen Planning Commission NTeeting Date & Time: ' Tuesday, April 18, 2006 at 7:00 p.m. This hearing may not start until later In the avenin de ending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. GREEN GARDENS: Request for an amendment to Interim Proposal: Use Permit #96-2 for expansion of the wholesale/retail nursery use — Planning Case 06-15 App I[cant: Keith Werner Property 850 Flying Cloud Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, thQ Chair will lead the hearing What Happens public through the following tep9P 1. Staff will give an overview of th4prolSosed project. at -the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/06-15.html. If you wish to talk to someone about this project, please contact Josh Questions & Metzer by e-mail at Imetzer@ci.chanhassen.mn.us or by Comments: phone at 952.227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak aboutfhe proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerolaVndustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokespemon/representatNe is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Stall person named on the notification. SCANNED 0 19 CITY OF CHONSEN 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.achanhassen.mmus 010-Y 15 May 26, 2006 Green Gardens Attn: Keith Werner 850 Flying Cloud Drive Chaska, MN 55318 Re: Interim Use Permit #96-2 Amendment —Planning Case #06-11 Dear Mr. Werner: This letter is to formally notify you that on May 8, 2006, the Chanhassen City Council approved the following motion: "The City Council approves 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 comer 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 NP 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. SCANWO The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding hails, and beautiful parks. A gnat place to live, work, and play. Green Gardens IUP Amendment May 26, 2006 Page 2 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 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. 21. Hours of operation shall be from 7:00 am. 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. Green Gardens IUP Amendment May 26, 2006 Page 3 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 TE 212 in conjunction with the Highway 212 improvements. 32. All loading or unloading should be done on site and not blocking either Highway 212 or 101. If you have any questions, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, JosZ PI ner I c: Skip Cook, Property Owner g:\plan\2006 planning cases\06-15 green gardens iup amendmenAle[[er of approval.doc Frill Im ■ odak PREmium PROCESSING FILM 0 Kodak PREMIUM PROCESSING r sou'��s _- - � � � � -As Y `t .1 ,�L ,►-3.ls 1r I � -- - a �- .:�.. - ,_. - ._ �_ � � � ..�� -- "m - - - 4 I A ME �- ,.�. rY cr g . ,.- - ... ,. __ � i m wTrr 4 •i \ Yr. .may V i J ;p1i js Ri Y' �yy:=�,Mr r1,. '. 'vim \�' '" l Nn j.✓' j, �r,.4�. AL?,vJ1 t is � � �© �� :� ; \� \/�� .: � � . .. . . . � : . /' ± \ .>� � d�� }�\�\�� \��\� :«� : ; \^/ 7 % � � � 2 � \�� %^� .� �� <� � � .`; \< ~\ \ ?��\9 7� � :y � � y � :.� . \ � .� �� . ' : / � �\,�\��/�ta�/\� w%c � � yZ T R v a•?"v� W, »p.. � q�E'MEMMING 10�� EFST GARDEN CENTEiI j% -� _- :��- ==� = ir- *44 kv . + - '98 .5 4 Al NOW OPEN DEN CEN 'E �C ryjr- trE- C MA '.- a �gft �- t �, k 1 ' f� ��yV:�'. , �.. ��y �� -�� ■ Y' 1 y i r � I 1 I (y I ■ H A W H Qn CITY OF CHANHASSEN STAFF REPORT PC DATE: April 18, 2006 [5] CC DATE: May 8, 2006 REVIEW DEADLINE: May 16, 2006 CASE #: 06-15 BY: Josh Metzer, et. al. PROPOSAL: Request for an amendment to Interim Use Permit #96-2 for expansion of the wholesaletretail nursery use. LOCATION: APPLICANT: Northwest of the intersection of Highway 212 and Highway 101 ON 850 Flying Cloud Drive 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 wholesalelretail 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. se"N o Green Gardens Interim Use Permit Amendment 850 Flying Cloud Drive Planning Case No. 06-15 City of Chanhassen BhM k Cwvae jJa US 2.12, Frym9 ONO/ Dme L/ SUBJECT SITE WkpNl vlYak Green Gardens IUP Amendment Planning Case No. 06-15 April 18, 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 wholesaletretail 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 of the 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. 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 cityfinds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit 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 bufferedfrom 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 100 percent opaque fencing or berming. e. Hours of operation shall be from 7:00 am. 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 April 18, 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. i. 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 IDP #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 rUP #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. "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 buildine. 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 April 18, 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 comer 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 goods 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" Amendment Planning Case No. 06-15 April 18, 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. 151011)1►ft'k9 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 April 18, 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 April 18, 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 April 18, 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 IUP #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 April 18, 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. RECOMWNDATION 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 wholesalet etail 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 corer 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 NP 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 April 18, 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 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. 21. Hours of operation shall be from 7:00 am. 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. 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 April 18, 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. 9:tplan\2006 planning ca \06-15 green gardens iup amendment\smff reportAm 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. 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. 1. 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 zoning 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 am. 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. i. 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 IM Planning Commission Chairperson gAplant2006 planning casest06-15 green gardens iup amendmrntViindings of fact and tewmmendation.doc EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right- of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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. YKINI Email: CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Fax: "152-2.�4-419 Email: Planning Case No. N, — 1 S Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) A JMP_NOMt,1+ Non -conforming Use Permit Planned Unit Development" Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision" Temporary Sales Permit Vacation of Right-0f-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" $50 CUP/SPRfVAC/VAR/WAP/Metes & Bounds $450 Minor SUB J TOTAL FEE7�ALPfd �w An additional fee of $3.00 per address within the public hearing notification 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 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*Alf) 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 charged for each application. SCANNED m/zoq II8(1H00A MR 108N,1,SNIVW 096 U199 YV.4 RMT tx.4 ono�/0T/VA PROJECT NAME: LOCATION: O F( I.rj j LEGAL DESCRIPTION: TOTAL ACREAGE: 10 WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION! N wYJ4 r�/ REQUESTED LAND USE DESIGNATION: ":3A M -k 77 REASON FOR REQUEST: t',V,Iht� FL M l u6� �y� rr4 to 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 applicant within 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. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tide, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. �L�1_ 3_ 3 - aoo6 Signature of Applicant / Date A W.+2 -t 3- 3 dO O4 Signature of Fee Owner Date G:\pLAMformMUevelopment Review Application.DOC SCANNED Rev. 12/05 Z00/zq 1I8IIEN HVH 1RHI,SOU 09MPLIN YVA RMT 19A 11007/11P9n- March 15, 2006 Josh Metzer Planning Department City of Chanhassen Chanhassen, Minnesota Dear Planning Commission members; RECEIVED MAR 17 2006 CITY OFCHANHASSEN 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 which 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 MY OF MEMORANDUM CEMSEN TO: Josh Metzer, Planner I 7700 Markel Boulevard SUBJ: Skip Cook/Green Gardens. Request for an amendment to PO Box 147 FROM: Mark Littfin, Fire Marshal Chanhassen, MN 55317 nursery use. The site is located in an Agricultural Estate(A-2) District Administration DATE: April 7, 2006 Phone: 952.227.1100 Natural Resources Phone: 952.227.1130 Fax 952.227.1110 SUBJ: Skip Cook/Green Gardens. Request for an amendment to Building Inspections Interim use permit #96-2 for expansion of the wholesale/retail Phone: 952.227.1180 nursery use. The site is located in an Agricultural Estate(A-2) District Fax: 952,227.1190 At 850 Flying Cloud Drive. Engineering Phone: 952.227.1160 Planning Case: 06-15, Green Gardens IUP amendment Fax: 952.227.1170 Fnance I have the reviewed the proposed plan for the interim use permit for the above project. Phone: 952.227.1140 In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I Fax: 952.227.1110 have the following fire code or city ordinance/policy requirements. The site plan review is based on the available information submitted at this time. If additional plans Park & Recreation Phone: 952.227.1120 or changes are submitted, the appropriate code or policy items will be addressed. Fax 952.227.1110 Recreation Center The existing tanks for storage and dispensing of fuels into motor vehicles do not meet 2310 Coulter Boulevard Minnesota State Fire Code. In order to approve the interim use permit, the applicant PhoneiFax: 2.227.14 4 Fax: 952227.1404 must meet the following requirements. g � Planning & 1. Applicant must fill out the aboveground storage tank installation permit Natural Resources Phone: 952.227.1130 application. (See enclosed permit application.) Fax: 952.227.1110 2. 2. Permit must be issued by the Chanhassen Fire Marshal before any type of work Public Works tanks and dispensing equipment is started. 1591 1591Park Road Phone: 952227.1300 Fax: 952.227.1310 3. Plans will need to be reviewed by the planning and building department for proper compliance. Senior Center Phone: 952.227.1125 Fax. 952227.1110 4. Acceptance test must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. Web She www.d.chanhasserrmn.us 5. Enclosed are copies of the installation of aboveground tanks for dispensing fuels into motor vehicles. This information should assist owner with the correct way to install the tanks/dispensing equipment. g: lsaretylml\plrev06-15greengardms The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. Date TANK SITE: Company: _ City, State, Zip: Contact: CONTRACTOR: Name: City, State, Zip: Contact: CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 ABOVEGROUND Storage Tank Installation Permit Application Proposed Date to Start Work Describe Work To Be Done Phone: Address: Address: Permit Fee $ Fax: PLEASE READ THE FOLLOWING INFORMATION BEFORE BEGINNING: The following information must be submitted with the application and proposed plan. Submit all materials, including application and plot plan, in duplicate. Provide a detailed plot plan showing locations of new and existing tanks, liquefied petroleum tanks, property lines, roadways, driving surfaces, all structures, surface waters, all utilities, canopies, piping layout, dispenser location, emergency controls and portable fire extinguishers. A copy of the approved plans and application must be present on the site for review. Incomplete information will result in application being returned. If not applicable, mark N/A. All tank installations must comply with the International Fire Code, NFPA standards, Pollution Control Agency rules and City of Chanhassen requirements. Aboveground Storage Tank Installation Permit Application Page 1 of 3 Work, including site preparation work, shall not begin until permit has been issued. All information requested below must be provided on plans or described below unless not applicable. Incomplete information may result in plans being returned. Check all that apply: Motor vehicle fuel dispensing Bulk storage Tank #1 Tank #2 Tank #3 Capacity: Product: UL Listing: Type of dispensing: Public Private Secondary containment: Double-wall tank Describe overfill protection Describe spill Prevention Describe material beneath tank(s) Attendant? Yes or Dike No Dike material Describe leak detection Loading rack Tank #4 24-hour? _Canopy over tank or dispenser? Describe normal venting Emergency vent size Describe signage/labeling Describe vehicle impact protection Describe dispenser(s) Describe hose and breakaway devices Describe lightning protection Describe electrical classifications Describe vent lines Dispensing lines Provide manufacturer specification sheets for tanks and piping. Provide documentation of Minnesota PCA tank registration. Provide documentation of both individual and company MNPCA certification. Aboveground Storage Tank Installation Permit Application Page 2 of 3 I, the undersigned, do hereby agree to complete the above described work in accordance with City codes, the Minnesota Fire Code, NFPA and other nationally recognized standards. Applicant Signature 3/24/05 Date Aboveground Storage Tank Installation Permit Application Page 3 of 3 State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 Internet: http://www.fire.state.mn.us. a ABOVEGROUND STORAGE TANK PLAN REVIEW INFORMATION SHEET Alcohol & Gambling SECTION 1— INTRODUCTION Enforcement Bureau of The purpose of this information sheet is to provide a general outline to Criminal individuals who conduct aboveground storage tank installation plan reviews. Apprehension This information sheet does not attempt to cover every code requirement or Capitol Security every situation. As of August, 2002, the Minnesota State Fire Marshal Division no longer conducts plan reviews for aboveground or Services Crime ices underground storage tank installations. This responsibility has been given to the local code officials to ensure compliance with Minnesota State Fire Driver & Vehicle Code (MSFC) provisions. The requirements outlined in this information sheet Services apply only to aboveground storage tank plan review regulations. Emergency Management / gr Emergency The requirements for aboveground flammable/combustible tank installations Response come from MSFC Chapters 22 and 34, along with National Fire Protection Commission Association Standard (NFPA) 30, Flammable and Combustible Liquids Code. State Fire The requirements for liquefied petroleum gas installations come from NFPA Marshal / 58, 2001 Edition, Liquefied Petroleum Gas Code. Pipeline Safety State Patrol 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 Traffic Safety the installer from following the requirements outlined in the 2003 Minnesota State Fire Code. Applicable MSFC code sections are referenced in brackets [ ]. The local fire 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 jurisdiction [MSFC (03) Section 3401.61. The plans shall include, at minimum, method of storage (tank construction); type and class of liquid; 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 marshal [MSFC (03) Section 2206.2.7. as amendedl. 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 regulations apply to both new and existingaboveground boveground storasre tanks. There will be several occasions where this document will reference National Fire Protection Association (NFPA) Standards. The State Fire Marshal Division cannot give this information out free of charge due to copyright laws. However, all NFPA Standards can be purchased by calling NFPA directly at 800-344-3555 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 questions to firecode@state.mn.us or visit our web site at www.fire.state.mn.us for the latest information on fire in Minnesota. Imuortant 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 100°F. Combustible liquids shall be subdivided as follows: Class IL Liquids having a closed cup flash point at or above 100°F and below 140°F. Class IIIA. Liquids having a closed cup flash point at or above 140'F and below 200°F. Class IIIB. Liquids having a closed cup flash point at or above 200°F. Flammable Liquid -A liquid having a closed cup flash point below 100°F. 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°F and having a boiling point below 100°F. f Class IB. Liquids having a flash point below 73°F and having a boiling point at or above 100°F. Class IC. Liquids having a flash point at or above 73°F and below 100°F. 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 sball 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 (LP7Gas)7Any 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. (U/L) Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, U/L 142, 921, or, Standard for Insulated Aboveground Tanks for Flammable and Combustible Liquids, UIL 2085. All new and existing 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) U/L 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 U/L Standard 921 tank is two U/L 142 tanks — one inside the other. Similar tc the 142 tank, a metal plate should indicate the tank meets the standards of U/L 921. Due to the double-wall, secondary containment would not be required as it would be for a U/L 142 tank. 2.1.3 U/L Standard 2085 (Two -Hour Protected Aboveground Tank) A U/L Standard 2085 tank is constructed and tested in accordance with U/L 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 U/L 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 of NFPA 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 AST Plan 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-I, 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 (UAL 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 (U/L 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 of 27 If the protected tank exceeds 6,000 gallons, the tank must be a minimum of 25 feet from property lines and combustible storage and 15 feet from public ways or important buildings. 3.2.2 Tank Separation 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 2206.2.7.1.11. 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 (UAL 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 dispensing line equipped with an approved anti -syphon system [MSFC (03) Section 2206.2.7.1.31. 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 of the 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 fire 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 2206.2.7.1.61. 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 6 unless 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 of 36 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 of 2-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 NFPA 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 information please 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 of liquid 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 tunes 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 of 27 3.22 Unattended Self -Service Stations Where approved by the code official, unattended self service stations are allowed. As a 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 location 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 `H-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 in 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 of 2-A: 20-B:C and shall 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 of MSFC (03) Table 2703.1.1(1) shall be provided with an approved automatic fire -extinguishing system in accordance with NFPA 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 AST Plan 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 requirements 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. For example: MSFC Table 2703.1.1(1) allows 240 gallons of gasoline (I -B Liquid) in a facility 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 of 240 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 1 -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]. 5.23 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 external, 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 shall be 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 of NFPA 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 NFPA 30 Table 2-6 (96), re -printed below: SFMD AST Plan Review Fact Sheet August 15, 2003 Page 12 of 27 NFPA Table 2-6 Tank Capacity (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way Minimum distance in feet from nearest side of any public way or from nearest important building on the same property 275 or less 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 NFPA 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 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. 5.3.5 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]. 53.6 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. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 13 of 27 53.7 Hazard Identification Signs Hazard identification signs shall be provided in accordance with Section 3.15 above. 53.8 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 conform to the requirements of the Minnesota State Electrical Code. 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 NFPA 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 of the 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 of an 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 IIIA liquids shall have a fire - resistance rating of not less than 2 hours in accordance with the fire exposure criteria specified in ASTM 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 NFPA 13 (99). SFMD AST Plan Review Fact Sheet August 15,2003 Page 15 of 27 8.3 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. 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. 69 -Rall -CIWWD3O-V199 IA IVIIII,71Y_OI7u11U\R 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 NFPA 30 (96). 9.2 Bulk Plant/Industrial Plant Tank Separation Distances Bulk Plants Tank Separation Distances Tank size (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way, and shall not be less than 5 feet Minimum distance in feet from nearest side of any public way or from nearest important building on the same property and shall not be less than 5 feet 275 or less 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 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. 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 barriers 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 18 lb'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 (NFPA) 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 of 27 NFPA 58 (0 1) Chapter 3 applies to the location and field installation 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 [NFPA 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 VH1, `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 of tanks at one site [NFPA 58 (01) Section 2.2.1.10]. 10.4 Container Appurtenances 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 10.5 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 -leak pressure in pounds per square inch (psi); 2. Relieving capacity in cubic feet per minute (cfm) 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 2504050 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 shall be vented away from the container upward and unobstructed to the open air [NFPA 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. NFPA 58 01 Table 3.2.2.2. Table 2.3.2A(a) Pressure Relief Valve Flow Capacity as a function of Container Aboveground Containers (feet) Surface Area < 125 Oa Minimum Surface Area (sq. ft.) Flow 0 Rate fts 10 air/min 100 2340 250 4960 500 8760 750 12220 1000 15470 1500 21570 10.6 Regulators A two stage regulator or an integral two-stage regulator shall be required on all fixed piping systems that serve %i 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 (0 1) Section 3.2.19]. The shut-off valve will stop the flow of the 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 may be built upon [NFPA 58 (01) Section 3-2.2.2]: NFPA 58 01 Table 3.2.2.2. Minimum Distances Water Capacity Per Container (gallons) Aboveground Containers (feet) Between Containers (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 of 27 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 adjacent 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 NFPA 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 any one of the following: -replacement costs of building 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 (0 1) 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 (MSFCI and is not allowed in the State of Minnesota. Under no circumstance may containers be Dermitted 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 NFPA 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) Section 2703.5]. For further information please review State Fire Marshal Division Policy titled I7VS-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 of 720 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 of LP -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 lockable 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 [NEPA 58 (01) Section 3.10]. 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, fire department response time, fire department training, etc.). Fire 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 18 lb'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 Pian Review Fact Sheet August 15, 2003 Page 21 of 27 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 of LP -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. 11.3.2 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. 11A 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:C rating. 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 (0 1) 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 of NFPA 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, fire 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 flammabletcombustible 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 his/her knowledge or capabilities. There are several fire 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 of 27 FIRE PROPERTIES OF COMMON LIQUIDS NAME FLASH BOILING HAZARD POINT POINT CLASSIF- I.D. (OF) (OF) ICATION A 704 H F R Acetaldehyde -38 70 IA 3 4 2 (Acetic Aldehyde) (Ethanol) Acetone -4 133 IB 1 3 0 (Dimethyl Ketone) 2 -Pro anon Acetyl Chloride 40 124 IB 3 3 2 than 1 Chloride W Acrolein Dimer 118 304 II 1 2 1 Acrylonitrile 32 171 IB 4 3 2 (Vinyl Cyanide) (Propenenitrile) Alcohol — Butyl 98 243 IC 1 3 0 Alcohol — Ethyl 55 173 113 0 3 1 0 Alcohol — Isopropyl 53 181 IB 1 3 0 Alcohol — Methyl 52 147 IB 1 3 0 Alcohol — Propyl, 74 207 IC 1 3 0 Allyl Alcohol 70 206 IB 4 3 1 Allylamine -20 128 IB 4 3 1 2 -Pro en lamine Amyl Acetate 60 300 IB 1 3 0 1-Pentanol Acetate Amyl Alcohol 91 280 11 1 3 0 1-Pentanol Amylene 0 86 IA Pentene Asphalt (Typical) 400+ >700 IIIB 0 1 0 Petroleum Pitch Benzene 12 176 IB 2 3 0 Benzol Benzyl Alcohol 200 403 IIIB 2 I 0 (Phenyl Carbinol Butyl Acetate 72 260 IB 1 3 0 u lethanoate Butyl Acrylate 84 260 1 IC 2 2 2 r__________________________________________________ H =Health F = Flammability R =Reactivity -------------------------------------------------- - SFMD AST Plan Review Fact Sheet August 15, 2003 Page 24 of 27 r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- FLASH BOILING CLASSIF- HAZARD NAME POINT POINT ICATION I.D. (°F) (°F) PA 704 H F R Butyl Alcohol 98 243 IC 1 3 0 (1 -Butanol) (Propylacarbinol) (Propyl Methanol Carbon Disulfide -22 115 IB 3 3 0 Carbon Bisulfide Creosote Oil 165 382-752 IIIA 2 2 0 Cumene 96 306 IC 2 3 1 (Cumol) (2 -Phenyl Propane) (Isopropyl Benzene Cyclohexane -4 179 IB 1 3 0 (Hexahydrobenzene) Hexameth lene Denatured Alcohol 60 175 II3 0 3 0 Dibutylamine 117 322 H 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. 1-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 IB 1 2 3 2 Ethyl Alcohol 55 173 IB 0 3 0 (Grain Alcohol, Cologne Spirits, Ethanol Ethylarnme <0 62 IA 3 4 0 (Aminoethane) r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- SFMD AST Plan Review Fact Sheet August 15,2003 Page 25 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) (°-}n) H F R Ethyl Chloride -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 Oil Fuel Oil No. 2 126-204 HJUA 0 2 0 Fuel Oil No. 4 142-240 IUIIIA 0 2 0 Fuel Oil No. 6 150-270 II/IIIA 0 2 0 Furan <32 88 IA Gasoline 45 to -50 100400 IB 1 3 0 Gasoline -50 1 3 0 115-145 Octane Aviation Grade He tare 25 209 IB Hexane -7 156 IB 1 3 0 (Hexyl Hydride) Isopentane -60 82 IA SFMD AST Plan Review Fact Sheet August 15,2003 Page 26 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) (°F) H F R Isopropyl Alcohol 53 181 IB 1 3 0 (Isopropanol) (Dimethyl Carbinol) (2 -Propanol) Isopropyl Ether -18 156 IB Iso ro lamine -35 89 IA Jet Fuels Jet A and A-1 110-150 400-550 II 0 2 0 Jet B -10 to 30 1 3 0 JP -4 -10 IB Kerosene See II fuel Oil No. I 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 50° Flash Naphtha V.M. & P. 85 280-350 II 1 3 0 High Flash Naphtha V.M. & P. 28 212-320 IB 1 3 0 Re lar SFMD AST Plan Review Fact Sheet August 15, 2003 Page 27 of 27 NAME FLASH BOILING CLASSIF- HAZARD POINT POINT ICATION I.D. (°F) (°F) (N PA 704 H F R Nitrobenzene 190 412 IIIA 3 2 1 (Nitrobenzol) Oil or Mirbane Nitromethane 95 214 IC 1 3 4 Octane 56 258 IB Pentane -40 97 IA Petroleum, Crude, Sweet 20-90 1 3 0 Petroleum Ether <0 95-140 IA/IB 1 4 0 (Benzine) a htha, Petroleum Phenol 175 358 IIIA 4 2 0 Carbolic Acid Propyl Alcohol 74 207 IC 1 3 0 1 -Pro anol Propylene Glycol 210 370 IiIB Propylene Oxide -35 94 IA 3 4 2 Styrene 88 295 IC 2 3 2 (Cinnamene) (Phenylethylene) (Vinyl Benzene Tetrahydrofuran 6 151 IB 2 3 1 Dieth lene Oxide Toluene 40 231 IB 2 3 0 (Methylbenzene) (Phenylmethane) (Toluol) T Turpentine 95 300 IC 1 3 0 Vinyl Acetate 18 161 IB 2 3 2 Ethen 1 Ethanoate Vinyl Ethyl Ether -50 96 IA o -Xylene 90 292 IC 2 3 0 (1,2 -Dimethylbenzene) t o -X lol) I �j r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555 .. Inte,..e�`� Internet: http://www.dps.state.rnn.us Alcohol & INSTALLATION OF ABOVEGROUND STORAGE TANKS Gambling FOR DISPENSING INTO MOTOR VEHICLES Enforcement Bureau of The 2003 Minnesota State Fire Code (MSFC) allows the dispensing of flammable (Class I) Criminal and combustible (Class In liquids from aboveground storage tanks (AST) into motor vehicles Apprehension including automotive, marine, and aircraft. There are predominantly three types of ASTs that Capitol Security are used for this operation; one is the Underwriters Laboratories (UL) listed 142 steel AST Crime Victim (single wall), the UL Standard 921 (double wall) and the other is the listed 2-hour fire Services protected AST that is built to UL 2085. Driver Vehicle Services Proposed installations will need local approval/notification (permit) and possible plan review documents dependant upon the local code official. Also, MN Pollution Control Agency Emergency and/or Department of Natural Resources may require approval when necessary. Effective Management/ Emergency August, 2002, plan review documents are no longer required to be submitted to the State Response Fire Marshal Division. Code Specialists are available at the State Fire Marshal Division to Commission answer any questions on these requirements from the 2003 Minnesota State Fire Code Stale Fire (MSFC). They can be reached at (651) 215-0500 or by email sent to firecode@state.mn.us. Marshal / Pipeline Safety Requirements for BOTH the UL 142 and 2-hour protected AST State Patrol Traffic Safety 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. r=soya 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 of 95 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 1 of 5 SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 2 of 5 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 of liquid 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 L/sec) 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) located not less than 3 feet from the protected object [MSFC (03) Section 3121. 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 SHUTDOWN 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 -11 March 31, 2003 Page 3 of 5 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 • Dispensing of LPG, CNG, etc. resort • Dispensing from tank vehicles • Dispensing inside a building • Unsupervised dispensing • Dispensing into containers 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 of 5 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 fire resistive and thus have requirements for separation between the tank and buildings and also between the tank and dispenser. This page covers the additional requirements for single and double wall plain steel UL 142 or UL 921 tanks. Note the separation required between the tank and buildings plus the separation required between tank 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 II 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 H 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 antisyphon 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-off valve 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 (NFPA) Standard 780, Lightning Protection Code (1997 Edition). SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 5 of 5 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. This page covers the additional requirements for double wall fire resistive 2 -hour protected tanks. The separation distances given here apply only to this type of tank and do not apply for single or double wall plain steel tanks. 1. ASTs shall not exceed 12,000 gallons individual capacity or 48,000 gallons aggregate capacity at any one 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 shall be 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 property Less than or equal 15 feet 5 feet 3 feet to 6,000 Greater than 6,000 125 feet 1 15 feet 1 3 feet Administration June 2, 2005 CITY OF Green Gardens Fax 952.227.1110 Attn: Keith CIIONSEN 850 Flying Cloud Drive 7700 Market Boulevard Chaska, MN 55318 PO Chanhassen, en, IAMN N 55311 Dear Keith: Administration This letter documents staff's findings from inspections of Green Gardens which took Phone: 952227.1100 place on May 19 & 27, 2005. It is intended to provide you with information and identify Fax 952.227.1110 compliance of your business operation with the condition of Interim Use Permit #96-2. Building Inspections Phone:9522271180 The use of the subject property as a nursery is an Interim Use Permit (IUP) in the Fax 952.227.1190 Agricultural Estate (A2) district in which your property is located. Engineering Sec. 20-576. Interim uses. Phone: 27.1170 The following are interim uses in the "A-2" District: Fax: 952.227.1170 (7) Wholesale nurseries. Finance Phone: 952.227.1140 The City Code defines wholesale & retail nursery as: Fax: 952.227.1110 Wholesale nursery means an enterprise which conducts, the wholesale ofplants Phone:ark Recreation grown on site as well as accessory items directly related to their care and Phone: 952227.1120 Fax 952.227.1110 maintenance (but not including power equipment such as gas or engine Recreation Center lawnmowers and farm implements). 2310 Coulter Boulevard Phone: 952227.1400 Upon inspection staff found that the property is in violation of several conditions of IUP Fax: 952227.1404 #96-2. Attached is a list citing violations of IUP #96-2, and sections of Chanhassen City Planning & Code referring to Interim Use Permits, Amendments, and Conditional Use Permits. You BamralResources have until June 17, 2005 to either submit a plan/timeline to bring the property into Phone: 952227.1130 compliance with the conditions of Interim Use Permit #96-2 that is satisfactory to staff or Fax: 952.227.1110 notify the City that you will be applying for an amendment to Interim Use Permit #96-2. Public works If one of these two options is not performed by June 17, 2005, the City will initiate the 1591 Park Road revocation process of Interim Use Permit #96-2. I have alsoenclosed application Phone: 952.227.1300 materials for an Interim Use Permit amendment. Fax 952227.1310 - SeniorCenter Your immediate cooperation in correcting this issue is greatly appreciated. If you have Phone: 952. 27.1125 any questions please contact me at 952-227-1132 or imetzer@ci.chanhassen.mn.us. Fax 952.227.1110 ;Ss pect, Web Site www.ci.chanhassen.mn.us h Me er Planning Department Enclosures Cc: Skip Cook, Property Owner &:\plan\jm\code enforce=nt\green gardensWiolations lerter.doc The Cily 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: corn, 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, NP #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 NP #96-2. This trailer must be removed or the IJP 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. These photos are evidence that dumping and disposal of nursery materials into the drainage way at the western edge of the subject property has taken place. These actions must cease immediately. The drainage way in question must be cleared of nursery material no later than June 17, 2005. Sec. 7-45. Operations; noise; hours; explosives, dust, water pollution; topsoil preservation. Chanhassen City Code states: The following operating standards shall be observed at the site of any operation permitted under this article: (4) Operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue shall be deposited in any lake stream or natural drainage system. All wastewater shall pass through a sediment basin before drainage into a stream. The City of Chanhassen will pursue legal action against the property owner if it finds further dumping or disposal 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 hereby 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 shall be permitted on the site unless approved by the City Council. 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 Ne 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. C. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 am. 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. d. Exterior light sources shall be shielded e. No outside speaker system shall be allowed. f. 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. g. Signage shall comply with city ordinances. h. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. i. 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. No other contractors equipment shall be stored on the property. 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. k No outside storage of equipment and materials unrelated to the nursery business shall be LM AN N go 0 permitted. 1. 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. in. No grading of the property shall be permitted unless a grading permit is obtained from the City. n. The applicant shall work with MnDOT in examining the possibility of relocating the access point on TH 212 fiuther to the west and providing a deceleration lane along westbound TU 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 terns 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: July S, 1996 CITY OF CHANHASSEN I-t'-,)onald J. PIf;Telfrqa'yor STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 11 dtay of lqL by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of thei of assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to thority granted by its City Council. DRAFTED BY: Campbell, Knutsw, scoff & Fuchs, P.A. Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 (612)452-5000 RINK ` KAREN J.ENGELHARDT NOTARY PV RC - MINNESOTA M`1 6gfras Jen. 31, 2000 EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right- of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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 MINNNf•96i'A )67 CARVER COUNTY RECORDER (Abstract Department) /�st Filling Fee: [ Copy Fee:y Check No: File at Carl W. Hanson Jr., County Recorder By: Planning Commission Meeting - June 19, 1996 PUBLIC HEARING: REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY AND VARIANCES TO THE SETBACK REQUIREMENTS ON PROPERTY ZONED A2 AND LOCATED AT THE NORTHWEST CORNER OF TH 101 AND TH 212, SKIP COOK Public Present: Name Address Skip and Teri Cook 15506 Village Woods Drive Harold Hesse 1425 Bluff Creek Drive Kate Aanenson presented 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 that they'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 tum lanes or the expansion down there to provide a deceleration lane for the site. Mancino: But that is between the applicant and MnDot. I mean we, as a city, aren't saying you have to put in a deceleration lane. F Planning Commission Meeting - June 19, 1996 Hempel: That's correct. Because we don't have the jurisdiction on that highway but that would be MnDot. Aanenson: Yeah, and we did speak to someone from MnDot and they 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 MnDot 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, okay. 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 that screening. 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. I own the property that we're talking about. On the comer 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 I 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 has a 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 start ... I thought he could do it quicker... so he got that together. What I, after further studying and looking at the letter that... staff 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 page 3, and these are kind of questions that I've been putting out to you too. As far 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 ... trees are agriculture 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 agriculturally permitted ... I 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 a retail on an agricultural A2 property. We did make an amendment. Skip Cook: With a grandfather clause. 28 Planning Commission Meeting - June 19, 1996 Aanenson: Well, you have grandfather rights which means you cannot expand any of the retail component. Okay, there's now the contractor's yard kind of component has expanded. You can display rocks. They're selling mulch. Dirt. Those sort of things. That has expanded. Okay. So if it was being continued to use in the way it was, they have the 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 is what we spoke to your attorney about too. Skip Cook: But the original, part of the deal, all of that was used and under till for years ... so that goes along with the project. There has been no property added to that. Now the trees, when they're in the field as far 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 not a get rich quick operation down 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 the nursery and 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, temporary, that meets the city's objections that are not too onerous on the applicant. Rel Planning Commission Meeting - June 19, 1996 Skip Cook: Things just seem, on the list for example and the MnDot thing I guess, we said that was all... How about the berming, the permanent landscaping along Highway 101 and then further back to 212. I don't understand why we 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 that? 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 the 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 packet all of these attachments... If the use, it hasn't changed 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 work with these issues. If you're comfortable with them, if the Planning Commission's comfortable, we can certainly 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... 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? Farmakes moved, Mehl seconded to open the public hearing. The public hearing 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 ... I 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, Farmakes seconded to close the public hearing. The public hearing 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. I know it's not a high revenue generating comer 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 don't think this is should be a 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. Mancino: Any discussion on the variance to the setback? Do you feel comfortable 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, 1996, and subject to conditions I through 14. 32 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 MnDot. 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. The 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 with conditions of approval. Mancino: Thank you. Joyce moved, Farmakes seconded that the Planning Commission recommends that the City Council approve the interim use permit for a wholesale and retail nursery, 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 June 10, 1996 (prepared by Dick Henning Enterprise), and subject to the following conditions: 33 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 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. 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 determine 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 and 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 shall work with MnDot to relocate the access point on TH 212 further to the west. A deceleration lane should also be installed along westbound TH 212. All voted in favor and the motion carred. 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 DISTRICT 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 presentation, the applicant's presentation and some of the commission's discussion was notiecorded. 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 here, 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, and 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 here, 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 plantings. Well. 35 City Council Meeting - July 8, 1996 Councilman Senn: 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 contract 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 Dockendorf seconded to award the bids for the Coulter Boulevard Phase H 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 carried. 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 try to fine tune that and we believe that... conditions of the staff report. We wanted to designate exactly what certain things were and so we've got an inventory of materials that are out there. So based on that, staff is recommending approval. I'd be happy to answer any questions that you have. 24 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 you71 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 so 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. Councilman 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, fust 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 101? 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 1 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 ... That 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 ChmicV Colleen: — Councilwoman Dockendorf: Just a question for Kate. The land use plan is unguided. I was surprised at that. 26 City Council Meeting - July 8, 1996 Kate Aanenson: We had a few white spaces on the map. Yes. As pan of the Bluff Creek, we had made a recommendation on this. Not to digress too far but it's pan of that watershed plan so we do have some land use recommendations that you71 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 Dockendorf seconded to approve the interim use permit for a wholesale and retail nursery, 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: 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 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. 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. An annual review will be conducted to determine compliance with the attached conditions. 7. Signage shall comply with city ordinances. 27 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 landscaping 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 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. APPROVE PLANS & SPECIFICATIONS FOR ARBORETUM BOULEVARD EXTENSION TO LAKE ANN PARK: AUTHORIZE ADVERTISING FOR BIDS PROJECT 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 tum 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 lett 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, the profile along the trail will be coordinated with the adjacent property there so that the trail will be going up and down in order to provide more of a natural pitch with the existing trail This is a -typical section of the Lake Ann Park entrance. Well be providing a median between the media inbound and the outbound roadways. that median will be widened up to give a place for this building. Either the current building or a new building that the park department will build in there. This all 28 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being fust 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. S -' • Subscribed and sworn to before me this [aLt day of F^tnri k , 2006. �. r V-1 Notary Nbliic KIM T. MEUWISSEN Notary Public -Minnesota Wy Commissbn Expires Jan 31,2010 SCANNEO Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 18, 2006 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. GREEN GARDENS: Request for an amendment to Interim Proposal: Use Permit #96-2 for expansion of the wholesale/retail nursery use — Planning Case 06-15 Applicant: Keith Werner Property 850 Flying Cloud Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/06-15.html. If you wish to talk to someone about this project, please contact Josh Questions & Metzer by email at imetzerCci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, April 18, 2006 at 7:00 P.M. This hearing may not start until later In the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. GREEN GARDENS: Request for an amendment to Interim Proposal: Use Permit #96-2 for expansion of the wholesale/retail nursery use — Planning Case 06-15 Applicant: Keith Werner Property 850 Flying Cloud Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens W Wthe public hearing through the following steps: 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/06-15.html. If you wish to talk to someone about this project, please contact Josh Metzer by e-mail at imetzer@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 579.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. This map is meMer a legally receded map nor a survey and is net intended to be used w one. This map is a compilation of records, information and data located m an. city, county, state and ledenal 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 crap are error free, and the City does not represent that Me GIS Data can be used for navigational, tracking or any other purpose mquinng exacting measurement of distance or direction or precision in the dat ictim of geographic features. If errors or discrepancies are fonnd please contact 952-22]-110]. The preceding disclaimer Is provided pursuant to Minnesota Statutes §46603, Subd. 21 (2000), and Me user of this map acknowledges that Me City shall not be liable for any damages, and expreesty waives all comes, and agrees to defend, indemnity, and held hamiess the City from any and all dams brought by User, its employees or agents, or Mid parties which apse w of the users access or use of data provided. 1 1 J$B.T91E i M�oao•" w I I I It I Disclaimer This map is neither a legally recortled map nor a survey and is not intended to be used as one. This map is a compilation of recoils, infornaaon and data located in vancus city, county, state and federal offices and other sources regarding Me 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 repuiring exacting measurement of distance or direction or precision in the defection of geographic features. If eno5 or discrepancies are found please contact 952-22]-110]. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this nap x1moMedges that Me Cry shall not be liable for any damages, and expressly waives all dans, and agrees to defend, indemnify, and hold hamiess the City here any and all darts brought by User, its employees or agena, or Mid parties which arse out of the users access or use of data provided. RILEY PURGATORY BLF CRK WS ALAN D & ANDREA S CARTY WAYNE A & INGRID A DICASTRI C/O PAUL HAIK 675 LAKOTA LN 1025 HESSE FARM RD 701 4TH AVE S CHASKA , MN 55318 -9455 CHASKA , MN 55318 -9527 SUITE 500 MINNEAPOLIS. MN 55415 -1810 BRUCE B & SUSAN V RECH 1000 HESSE FARM RD CHASKA , MN 55318 -9520 DEBRA L WENDORF 740 VOGELSBURG TRL CHASKA , MN 55318 -9461 BRIAN J & WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA , MN 55318 -9515 STATE OF MINNESOTA -DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD ST PAUL, MN 55155 -4030 EMERALD VENTURES LLC PO BOX 260 CHASKA , MN 55318 -0260 L RICHARD & KAREN C DEE 1201 HESSE FARM CIR CHASKA , MN 55318 -9518 ALLEN R ROTHE 750 VOGELSBERG TRL CHASKA . MN 55318 -9461 LOUISE E ZAMJAHN ETAL C/O DAVID ZAMJAHN 7506 77TH ST CHASKA, MN 55318 -9600 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347 -1439 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S SW STREET LEVEL MINNEAPOLIS. MN 55487 -0999 JOHN D & BARBARA J FORCE 1001 HESSE FARM RD CHASKA , MN 55318 -9527 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA . MN 55318 -9515 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA . MN 55387 -9629 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA , MN 55318 -9470 Public Hearing Notification Area (500 feet) Green Gardens Interim Use Permit Amendment 850 Flying Cloud Drive Planning Case No. 06-15 City of Chanhassen Form **[TO BE INSEATED PRIOR TO 17 _ � 00000eeoo)m 0000 000000000 & g % 000000 , \ e e i FT M T30FFFF] hard goods storage I .. I L_ displaly garden I — plant storage and sales area [M H stone sales area mulch bins { �I- possib future I-- plant storage and sales area green ouse I entry I sin O possible future entrance HIGHWAY 212 equipment parking and storage future hed I® ® ' existing sheds 70reenhouse existing garden center ay existing entrance overflow storage RIC19Ym w SIM mrara 1" = 30' 1:360 wdisplay garden ..j...w..�a..w rw storage and =sales area +: �z stone sales area dant storage an l ;ales arr. 00000 1 1 1 V I;?I equi mentarking and storage futureHil mulch bins 1 existing sheds Ewi T� O parking 01 ti I i EM+.nee � Li re I tl existing garde -enter., greenhouse tk sic - sales dis jla�' possible future existing entrance entrance HIGHWAY 212 RECEIVED NAR 8 1 2m CRYOFQiM4SSEN V=30' 1:360 designed 2005 by jaff zeW/ oI green 9BM 15 nursery and Wrds piny — Building Inspections EXECUTIVE SUMMARY Phone: 952.227 1180 MEMORANDUM Staff and Planning Commission recommend the adoption of the motion approving the TO: Todd Gerhardt, City Manager j� MYOF FROM: Josh Metzer, Planner I CgANgASSEN Fax:952227.1170 522.227 71170 non-compliance with the IUP. The proposed expansion of the nursery use will basically Finance consist of a rearrangement of permitted uses in relation to their area designations. Phone: 952.227.1140 1. Revised Planning Commission Staff Report Dated May 8, 2006. Fax: 952.227. 1110 ACTION REQUIRED Part & Recreation Phone: 952.227.1120 DATE: May 8, 2006 7700 Market Boulevard Recreation Boulevard ltCenter 2310 Coulter er PLANNING COMMISSION SUMMARY PO Box MN Boz IN 55317 Chanhassen, SUBJ: Proposed Amendment to Interim Use Permit #92-2 P The Planning Commission held a public hearing on April 18, 2006, to review the proposed GREEN GARDENS - 850 Flying Cloud Drive Administration the proposed Interim Use Permit Amendment. The Planning Commission minutes are Planning Case 06-15 6i Phone: 952.227.1100 Fax: 952.227.1110 Fax: 952 227.1110 v. Building Inspections EXECUTIVE SUMMARY Phone: 952.227 1180 Fax: 952.227 1190 Staff and Planning Commission recommend the adoption of the motion approving the Fax: 952.227.1310 The applicant is requesting an amendment to Interim Use Permit #96-2 for expansion of the Engineering wholesaletretail nursery use. NP #96-2 was approved with a site plan that split the property Phone, into four sections (Areas 1-4). In the fall of 2004 and spring of 2005, staff found the use in Fax:952227.1170 522.227 71170 non-compliance with the IUP. The proposed expansion of the nursery use will basically Finance consist of a rearrangement of permitted uses in relation to their area designations. Phone: 952.227.1140 1. Revised Planning Commission Staff Report Dated May 8, 2006. Fax: 952.227. 1110 ACTION REQUIRED Part & Recreation Phone: 952.227.1120 City Council approval requires a majority of City Council present. Fax: 952.227.1110 Recreation Boulevard ltCenter 2310 Coulter er PLANNING COMMISSION SUMMARY Phone: 952.227.1400 Fax: 952.227.1404 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 Planning & Natural Resources the proposed Interim Use Permit Amendment. The Planning Commission minutes are Phone: 952.227.1130 attached to this report as item 2. Fax: 952.227.1110 Public worts RECOMMENDATION 1591 Park Road Phone: 952.227.1300 Staff and Planning Commission recommend the adoption of the motion approving the Fax: 952.227.1310 proposed amendment to Interim Use Permit #96-2 as specified on pages 9-11 in the staff Senior center report dated April 18, 2006 with conditions 1-31. Phone: 952.227.1125 Fax: 952.227.1110 ATTACHMENTS Web Site wwwoi.chanhassen.mn.us 1. Revised Planning Commission Staff Report Dated May 8, 2006. 2. April 18, 2006 Planning Commission Minutes. g:xp1anx2006 planning cases\06-15 green gardens iup amendmemlexecutive sununary.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. CITY OF CHANHASSEN STAFF REPORT PC DATE: April 18, 2006 CC DATE: May 8, 2006 REVIEW DEADLINE: May 16, 2006 CASE #: 06-15 BY: Josh Metzer, et. al. 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) Keith Werner (Green Gardens) 15506 Village Woods Drive 850 Flying Cloud Drive Eden Prairie, MN 55347 Chaska, MN 55318 612-750-5887 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 T 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 DO Creek GW Course SUBJECT SITE Pagoet W' i Man menl Are dV-0e J US 2�Z p�y�n9 G\e Aag"W M Mal aae M Green Gardens IUP Amendment Planning Case No. 06-15 Aoi 8 May 8, 2006 Page 2 PROPOSAUSUMMARY The applicant is requesting an amendment to Interim Use Permit (IUP) #96-2 to allow for the expansion of the existing wholesaletretail 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 of the 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. 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 cityfinds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit 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 berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. 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 ApM 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 IJP #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 NP Amendment Planning Case No. 06-15 Apfil 8 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 comer 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 narking 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 goods 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. ao- U�-e5 I-fitlM l✓ic:�nCtM Ce- WaS �nuJM a ID �� fie.-�-ba c I� �or✓t p�n� Green Gardens IUP Amendment Planning Case No. 06-15 +8 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 # 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 [UP Amendment Planning Case No. 06-15 8 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 fmds 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 May 8, 2006 Page 8 Finding: The property is located on collectodarterial 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 IUP #%-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 Apfii 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 Manch 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 8 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 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. 21. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9399 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 , pW Q 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 Match 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. 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. 1. 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 zoning 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 am. 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. i. 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 PW Planning Commission Chairperson gAplan\2006 planning cases\06-15 green gardens iup amendment\f;ndings of fact and recommendation.doc ao- l acv �t1u�� pmt Yrs An ori �rzc)�'S EXHIBIT - A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right- of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of. the parcel to be described; thence Northwesterly 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. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. 6L — h Applicant Name and Address: Owner Name and Address: Phone:Fax:"t52-.)L44-47'19 Phone: 6lFax: Email: }(c t+l Mi Jn1 Vw �� ray Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Fi41MCNdM<')+ Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** $50 CUP/SPRNACNAR/WAP/Metes & Bounds $450 Minor SUB TOTAL FEE $ Li 7.S An additional fee of $3.00 per address within the public hearing notification 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'/s" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) 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 charged for each application. SCANNED 900ia00 imannU vag.Tmi.mvi ncl;t, iva m on-P.T Tv,r nnn�inTinn PROJECT NAME: LOCATION: RSO 11� I NJ LEGAL DESCRIPTION: i TOTAL ACREAGE: 9 WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: SA m, PRESENT LAND USE DESIGNATION: ti wYJQ rel REQUESTED LAND USE DESIGNATION: 5Q m k REASON FOR REQUEST: Q C I NO 11.E 1 iJ 3W ( , n.. 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 speck 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 applicant within 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. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application, will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. -t U� I- "--- Signature of Applicant /p A Signa Owner" G:\pLAMforms\L)evelopment Review Applioalon.DOC 3- 3 - aoo6 Date 3 - 3 ,2006 Date SCANNED Rev. 12/05 UNDO IN1911lU H 9 IglARKITV111 net,HHTco VVJ anIeT tva nnn7iniinn- March 15, 2006 Josh Metzer Planning Department City of Chanhassen Chanhassen, Minnesota Dear Planning Commission members; RECEIVED MAR 17 2006 CITY OF CHANHASSEN 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 which 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 NP 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 MEMORANDUM CIIANNSEN TO: Josh Metzer, Planner I 7700 Markel Boulevard SUBJ: Skip Cook/Green Gardens. Request for an amendment to PO Box 147 FROM: Mark Littfin, Fire Marshal Chanhassen, MN 55317 nursery use. The site is located in an Agricultural Estate(A-2) District Administration DATE: April 7, 2006 Phone: 95M7.1 100 Fax: 952.227.1110 SUBJ: Skip Cook/Green Gardens. Request for an amendment to Building Inspections Interim use permit #96-2 for expansion of the wholesale/retail Phone: 952.227.1180 nursery use. The site is located in an Agricultural Estate(A-2) District Fax 952227.1190 At 850 Flying Cloud Drive. Engineering Phone: 952227.1160 Planning Case: 06-15, Green Gardens IUP amendment Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax: 952.227.1404 Planning 1: Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Ceder Phone: 952.227.1125 Fax: 952.227.1110 Web Site www achanhassen.nm. us I have the reviewed the proposed plan for the interim use permit for the above project. hi order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following 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. The existing tanks for storage and dispensing of fuels into motor vehicles do not meet Minnesota State Fire Code. In order to approve the interim use permit, the applicant must meet the following requirements. 1. Applicant must fill out the aboveground storage tank installation permit application. (See enclosed permit application.) 2. Permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. Plans will need to be reviewed by the planning and building department for proper compliance. 4. Acceptance test must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. 5. Enclosed are copies of the installation of aboveground tanks for dispensing fuels into motor vehicles. This information should assist owner with the correct way to install the tanks/dispensing equipment. gAsafetyV0plrev06-15V=gardms 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. CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)-227- 1150 FAX: (952) 227-1190 ABOVEGROUND Storage Tank Installation Permit Application - Date Proposed Date to Start Work Permit Fee $ TANK SITE: Company: _ City, State, Zip: Contact: CONTRACTOR: Phone: Address: Name: Address: City, State, Zip: Contact: Phone: Describe Work To Be Done PLEASE READ THE FOLLOWING INFORMATION BEFORE BEGINNING: The following information must be submitted with the application and proposed plan. Submit all materials, including application and plot plan, in duplicate. Provide a detailed plot plan showing locations of new and existing tanks, liquefied petroleum tanks, property lines, roadways; driving surfaces, all structures, surface waters, all utilities, canopies, piping layout, dispenser location, emergency controls and portable fire extinguishers. A copy of the approved plans and application must be present on the site for review. Incomplete information will result in application being.returned. If not applicable, mark N/A. All tank installations must comply with the International Fire Code, NFPA standards, Pollution Control Agency rules and City of Chanhassen requirements. Aboveground Storage Tank Installation Permit Application Page 1 of 3 Work, including site preparation work, shall not begin until permit has been issued., All information requested below must be provided on plans or described below unless not applicable. Incomplete information may result in plans being returned. Check all that apply: Motor vehicle fuel dispensing Bulk storage Loading 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 leak detection Describe material beneath tank(s) -Canopy over tank or dispenser? Describe normal venting Emergency vent size Describe signage/labeling Describe vehicle impact protection Describe dispenser(s) Describe hose and breakaway devices Describe lightning protection .- Describe electrical classifications Describe vent lines Dispensing lines Provide manufacturer specification sheets for tanks and piping. Provide documentation of Minnesota PCA tank registration. Provide documentation of both individual and company MNPCA certification. Aboveground Storage Tank Installation Permit Application Page 2 of 3 L the undersigned, do hereby agree to complete the above described work in accordance with City codes, the Minnesota Fire Code, NFPA and other nationally recognized standards. Applicant Signature Date 3/24/05 Aboveground Storage Tank Installation Permit Application Page 3 of 3 State Fire"Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 Internet: http://www.fire.state.mn.us. ABOVEGROUND STORAGE TANK PLAN REVIEW INFORMATION SHEET Alcohol & Gambling SECTION 1— INTRODUCTION Enforcement Bureau of The purpose of this information sheet is to provide a general outline to Criminal individuals who conduct aboveground storage tank installation plan reviews. Apprehension This information sheet does not attempt to cover every code requirement or Capitol Security every situation. As of August, 2002, the Minnesota State Fire Marshal Division no longer conducts plan reviews for aboveground or Crime Victim t k i t underground storage annsallations. This responsibility has been Services g g p ty given to the local code officials to ensure compliance with Minnesota State Fire Driver & Vehicle Code (MSFC) provisions. The requirements outlined in this information sheet Services apply only to aboveground storage tank plan review regulations. Emergency Management / The requirements for aboveground flammable/combustible tank installations Emergency Response come from MSFC Chapters 22 and 34, along with National Fire Protection Commission Association Standard (NFPA) 30, Flammable and Combustible Liquids Code. State Fire The requirements for liquefied petroleum gas installations come from NFPA Marshal / 58, 2001 Edition, Liquefied Petroleum Gas Code. Pipeline Safety State Patrol 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 Traffic Safety the installer from following the requirements outlined in the 2003 Minnesota State Fire Code. Applicable MSFC code sections are referenced in brackets [ ). The local fire official is also required to be notified and may require plan W�E' OT" review documents be submitted when any flammable/combustible liquid tank — or liquefied petroleum gas tank is installed in their iurisdiction rMSFC (03) Section 3401.61. The plans shall include, at minimum, method of storage (tank construction); type and class of liquid; 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 marshal [MSFC (03) Section 2206.2.7. as amendedl. 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 flatnmable/combustible liquid dispensing, storage and propane installations. These regulations apply to both new and existing aboveground storage tanks. There will be several occasions where this document will reference National Fire Protection Association (NFPA) Standards. The State Fire Marshal Division cannot give this information out free of charge due to copyright laws. However, all NFPA Standards can be purchased by calling NFPA directly at 800-344-3555 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 questions to firecode@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 100°F. Combustible liquids shall be subdivided as follows: Class H Liquids having a closed cup flash point at or above 100°F and below 140°F. Class IIIA. Liquids having a closed cup flash point at or above 140°F and below 200°F. Class HIB. Liquids having a closed cup flash point at or above 200°F. Flammable Liquid -A liquid having a closed cup flash point below 100°F. 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°F and having a boiling point below 100°F. Class IB. Liquids having a flash point below 73°F and having a boiling point at or above 100°F. Class IC. Liquids having a flash point at or above 73°F and below 100°F. 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. (U/L) Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, U/L 142, 921, or, Standard for Insulated Aboveground Tanks for Flammable and Combustible Liquids, UIL 2085. All new and existing 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) U/L 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. Tbere 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 U/L Standard 921 tank is two U/L 142 tanks — one inside the other. Similar to the 142 tank, a metal plate should indicate the tank meets the standards of U/L 921. Due to the double-wall, secondary containment would not be required as it would be for a U/L 142 tank. 2.13 U/L Standard 2085 (Two -Hour Protected Aboveground Tank) A U/L Standard 2085 tank is constructed and tested in accordance with U/L 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 U/L 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 of NFPA 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 AST Plan 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- 0074, 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 (U/L 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 (U/L 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 of 27 If the protected tank exceeds 6,000 gallons, the tank must be a minimum of 25 feet from property lines and combustible storage and 15 feet from public ways or important buildings. 3.2.2 Tank Separation 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 (U/L 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 dispensing line equipped with an approved anti -syphon system [MSFC (03) Section 2206.2.7.1.31. Gravity dispensing tanks are only permitted on fames 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 of the 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 fire 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 2206.2.7.1.61. 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 6 unless 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 of 36 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 of 2-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 NFPA 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 information please 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 of liquid 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 of 27 3.22 Unattended Self -Service Stations Where approved by the code official, unattended self service stations are allowed. As a 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 location 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 1,11 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 `H-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 in 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 of 2-A: 20-B:C and shall 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 of MSFC (03) Table 2703.1.1(1) shall be provided with an approved automatic fire -extinguishing system in accordance with NFPA 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 flammabletcombustible 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 AST Plan 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 requirements 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. For example: MSFC Table 2703.1.1(1) allows 240 gallons of gasoline (I -B Liquid) in a facility 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 of 240 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 1 -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]. 5.23 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 external, 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 shall be 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 of NFPA 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 NFPA 30 Table 2-6 (96), re -printed below: SFMD AST Plan Review Fact Sheet August 15, 2003 Page 12 of 27 NFPA Table 2-6 Tank Capacity (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way Minimum distance in feet from nearest side of any public way or from nearest important building on the same property 275 or less 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 53.2 Separation Distances for Protected Aboveground Tanks U/L Standard 2085 protected two-hour tanks shall be separated in accordance with NFPA 30 (96). The separation distances from property lines, important buildings and combustible storage can be reduced by %2 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. 53.4 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. 53.5 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]. 53.6 );lire 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. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 13 of 27 53.7 Hazard Identification Signs Hazard identification signs shall be provided in accordance with Section 3.15 above. 53.8 Overfill Prevention Aboveground tanks shall be provided with overfill prevention in accordance with Section 3.16. 53.9 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 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 Pbu 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 NFPA 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 of the 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 of an 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 IIIA liquids shall have a fire - resistance rating of not less than 2 hours in accordance with the fire exposure criteria specified in ASTM 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 NFPA 13 (99). SFMD AST Plan Review Fact Sheet August 15, 2003 Page 15 of 27 8.3 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. 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 NFPA 30 (96). 9.2 Bulk Plant/Industrial Plant Tank Separation Distances Bulk Plants Tank Separation Distances Tank size (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way, and shall not be less than 5 feet Minimum distance in feet from nearest side of any public way or from nearest important building on the same property and shall not be less than 5 feet 275 or less 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 M 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 i5, 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 sed 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 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. 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 barriers 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 18 lb'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 (NFPA) 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 of 27 NFPA 58 (01) Chapter 3 applies to the location and field installation 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 [NFPA 58 (0 1) Section 2.2.1]: 1.. Department of Transportation (DOT) regulations; 2. American Society of Mechanical Engineers (ASIvIE) regulations a. Boiler Pressure Vessel Code, Section VHI 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 of tanks at one site [NFPA 58 (01) Section 2.2.1.10]. 10.4 Container Appurtenances 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 10.5 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 -leak pressure in pounds per square inch (psi); 2. Relieving capacity in cubic feet per minute (cfm) of air; 3. Manufacturer's name and phone number. SFMD An 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 cfm of air. Pressure relief Pressure relief devices on ASME containers shall be vented away from the container upward and unobstructed to the open air [NFPA 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. 10.6 Regulators A two stage regulator or an integral two-stage regulator shall be required on all fixed piping systems that serve %2 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.). NFPA 58 01 Table 3.2.2.2. Table 2.3.2A(a) Pressure Relief Valve Flow Capacity as a function of Container Aboveground Containers (feet) Surface Area < 125 Oa Minimum Surface Area (sq. ft.) Flow 0 Rate ft3 10 air/min 100 2340 250 4960 500 8760 750 12220 1000 15470 1500 21570 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 of the 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 may be built upon [NFPA 58 (0 1) Section 3-2.2.2]: NFPA 58 01 Table 3.2.2.2. Minimum Distances Water Capacity Per Container (gallons) Aboveground Containers (feet) Between Containers (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 SFU D AST Plan Review Fact Sheet August 15, 2003 Page 19 of 27 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 adjacent 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 NFPA 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 any one of the following: -replacement costs of building 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 (0 1) 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 Dermitted 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 NFPA 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) 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 3.2.2.31. 10.13 Containers Awaiting Use or Resale Storage of containers awaiting use or resale with a total quantity of gas stored of 720 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 of LP -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 lockable 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 [NFPA 58 (0 1) Section 3.10]. 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, fire department response time, fire department training, etc.). Fire 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 18 lb'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 of 27 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 of LP -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. 113.2 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 18 lb'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 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, fire 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 flammabletcombustible 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 his/her knowledge or capabilities. There are several fire 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 of 27 FIRE PROPERTIES OF COMMON LIQUIDS NAME FLASH BOILING HAZARD POINT POINT CLASSIF- I.D. (01F) (^F) ICATION FPA 704 H F R Acetaldehyde -38 70 IA 3 4 2 (Acetic Aldehyde) Ethanol Acetone -4 133 IB 1 3 0 (Dimethyl Ketone) 2 -Pro anon Acetyl Chloride 40 124 IB 3 3 2 Ethano 1 Chloride W Acrolein Dimer 118 304 H 1 2 1 Acrylonitrile 32 171 IB 4 3 2 (Vinyl Cyanide) ro enenitrile 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 IB 1 3 0 Alcohol — Propyl 74 207 IC 1 3 0 Allyl Alcohol 70 206 IB 4 3 1 Allylamine -20 128 fB 4 3 1 2 -Pro en lamine Amyl Acetate 60 300 IB 1 3 0 1-Pentanol Acetate Amyl Alcohol 91 280 II 1 3 0 1-Pentanol Amylene 0 86 IA Pentene Asphalt (Typical) 400+ >700 IIIB 0 1 0 Petroleum Pitch Benzene 12 176 IB 2 3 0 (Benzol) Benzyl Alcohol 200 403 IIIB 2 1 0 try 1 Carbinol Butyl Acetate 72 260 IB 1 3 0 u lethanoate Butyl Acrylate 84 260 IC 2 2 2 r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------' SFMD AST Plan Review Fact Sheet August 15,2003 Page 24 of 27 r -------------------------------------------------- H =Health F = Flammability R = Reactivity --------------------------------------------------- FLASH BOILING CLASSIF- HAZARD NAME POINT POINT ICATION I.D. (°F) (°F) FPA 704) H F R Butyl Alcohol 98 243 IC 1 3 0 (1 -Butanol) (Propylacarbinol) (Propyl Methanol Carbon Disulfide -22 115 H3 3 3 0 Carbon Bisulfide Creosote Oil 165 382-752 IIIA 2 2 0 Cumene 96 306 IC 2 3 1 (Cumol) (2 -Phenyl Propane) (Isopropyl Benzene Cyclohexane -4 179 IB 1 3 0 (Hexahydrobenzene) Hexameth lene 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. 1-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) cetic Ether) h1 Ethanoate1 Ac late b 50 211 IB 2 3 2 l Alcohol 55 173 IB 0 3 0 (Grain Alcohol, Cologne Spirits, Ethanol Ethylamine <0 62 IA 3 4 0 Aminoethane r -------------------------------------------------- H =Health F = Flammability R = Reactivity --------------------------------------------------- SFMD AST Plan Review Fact Sheet August 15, 2003 Page 25 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) H F R Ethyl Chloride -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 HM 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 HUA 0 2 0 (Kerosene) (Range Oil) Coal Oil 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 H/IIIA 0 2 0 Furan <32 88 IA Gasoline -45 to -50 100-400 1B 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 Plan Review Fact Sheet August 15, 2003 Page 26 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) (OF) H F R Isopropyl Alcohol 53 181 IB 1 3 0 (Isopropanol) (Dimethyl Carbinol) (2 -Propanol) lsopropyl Ether -18 156 IB Iso ro lamine -35 89 IA Jet Fuels Jet A and A-1 110-150 400-550 II 0 2 0 Jet B -10 to 30 1 3 0 JP -4 -10 1B 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 Methyl Isobutyl 64 244 IB Ketone Methyl Methacrylate 50 212 IB 2 3 2 Mineral Oil 380 680 IHB 1 0 1 0 Mineral Spirits 104 300 H Motor Oil Varies IIIB Naphtha V.M. & P. 50 240-290 IB 1 3 0 50° Flash Naphtha V.M. & P. 85 280-350 II 1 3 0 —High Flash Naphtha V.M. & P. 28 212-320 IB 1 3 0 Re lar SFMD AST Plan Review Fact Sheet August 15, 2003 Page 27 of 27 NAME FLASH BOILING CLASSIF- HAZARD POINT POINT ICATION I.D. (°F) (°F) FPA 704 H F R Nitrobenzene 190 412 IIIA 3 2 1 (Nitrobenzol) Oil or Mirbane Nitromethane 95 214 IC 1 3 4 Octane 56 258 IB Pentane -40 97 IA Petroleum, Crude, Sweet 20-90 1 3 0 Petroleum Ether <0 95-140 IA/IB 1 4 0 (Benzine) (Naphtha, Petroleum Phenol 175 358 IIIA 4 2 0 Carbolic Acid Propyl Alcohol 74 207 IC 1 3 0 (I -Propanol) Propylene Glycol 210 370 IIIB Propylene Oxide -35 94 IA 3 4 2 Styrene 88 295 IC 2 3 2 (Cinnamene) (Phenylethylene) (Vinyl Benzene Tetrahydrofuran 6 151 IB 2 3 1 Dieth lene Oxide Toluene 40 231 1B 2 3 0 (Methylbenzene) (Phenylmethane) Toluol Turpentine 95 300 IC 1 3 1 0 Vinyl Acetate 18 161 IB 2 3 2 —(Ethenyl. Ethanoate 1 Vinyl Ethyl Ether -50 96 IA o -Xylene 90 292 IC 2 3 0 (1,2 -Dimethylbenzene) (0 -Xylol) -------------------------------------------------- H = Health F = Flammability R = Reactivity -------------------------- ^°" State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TfY: 651/282/6555 0��,4y,nF��4' Internet: hfp://www.dps.state.mn.us Alcohol & INSTALLATION OF ABOVEGROUND STORAGE TANKS Gambling FOR DISPENSING INTO MOTOR VEHICLES Enforcement Bureau of The 2003 Minnesota State Fire Code (MSFC) allows the dispensing of flammable (Class I) Criminal and combustible (Class 11) liquids from aboveground storage tanks (AST) into motor vehicles Apprehension including automotive, marine, and aircraft. There are predominantly three types of ASTs that Capitol Security are used for this operation; one is the Underwriters Laboratories (UL) listed 142 steel AST Crime Victim (single wall), the UL Standard 921 (double wall) and the other is the listed 2 -hour fire Services protected AST that is built to UL 2085. Driver Vehicle Services Proposed installations will need local approval/notification (Permit) and possible plan review documents dependant upon the local code official. Also, MN Pollution Control Agency Emergency and/or Department of Natural Resources may require approval when necessary. Effective Management / Emergency August. 2002, plan review documents are no longer required to be submitted to the State Response lire Marshal Division. Code Specialists are available at the State Fire Marshal Division to Commission answer any questions on these requirements from the 2003 Minnesota State Fire Code State Fire (MSFC). They can be reached at (651) 215-0500 or by email sent to firecode@state.mn.us. Marshal / Pipeline Safety Requirements for BOTH the UL 142 and 2 -hour protected AST State Patrol Traffic Safety 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. Mr SOTA 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 3 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 fiuther information, please review MSFC (03) Section 2705.3.7. 5. ASTs 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 operation, the system shall: SFMD Fact Sheet INS-FACr-11 March 31, 2003 Page 1 of 5 SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 2 of 5 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 of liquid 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 L/sec) 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) located not less than 3 feet from the protected object [M[SFC (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 SHUTDOWN 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 flammablelcombustible liquids is 16. SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 3 of 5 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 • Dispensing of LPG, CNG, etc. resort • Dispensing from tank vehicles • Dispensing inside a building • Unsupervised dispensing • Dispensing into containers 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 of 5 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 fire resistive and thus have requirements for separation between the tank and buildings and also between the tank and dispenser. This page covers the additional requirements for single and double wall plain steel UL 142 or UL 921 tanks. Note the separation required between the tank and buildings plus the separation required between tank 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 II 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 II 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 antisyphon 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-off valve 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 (NFPA) Standard 780, Lightning Protection Code (1997 Edition). SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 5 of 5 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. This page covers the additional requirements for double wall fire resistive 2 -hour protected tanks. The separation distances given here apply only to this type of tank and do not apply for single or double wall plain steel tanks. ASTs shall not exceed 12,000 gallons individual capacity or 48,000 gallons aggregate capacity at any one 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 shall be 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 nronertv Less than or equal 15 feet 5 feet 3 feet to 6,000 Greater than 6,000 25 feet 15 feet 3 feet June 2, 2005 CITY OF Green Gardens Attn: Keith C>IA NSEN 850 Flying Cloud Drive 7700 Market Boulevard Chaska, MN 55318. PO Box 147 Chanhassen, MN 55317 Dear Keith: Administration This letter documents staff's findings from inspections of Green Gardens which took Phone: 952.227.1100 place on May 19 & 27, 2005. It is intended to provide you with information and identify Fax: 952.227.1110 compliance of your business operation with the condition of Interim Use Permit #96-2. Building Inspections Phone: 952227.1130 The use of the subject property as a nurse is an Interim Use Permit .l P Pent ry (IiJP) in the Fax: 952.227.1190 Agricultural Estate (A2) district in which your property is located. Engineering Sec. 20-576. Interim uses. Phone: 27.1170 Fax: 952.227.1170 The following are interim uses in the "A-2" District (7) Wholesale nurseries. Finance Phone: 952.227.1140 The City Code defines wholesale & retail nursery as: - Fax: 9522271110 Wholesale nursery means an enterprise which l�he wholesale of plants Park & Recreation Phone: 952227.1120, Fax 952.227.1110 3s_ grown on Sif2ZIs w�ccesSO� items deC� f. it care and maintenance (bud xtW# I)A*er eq r,` , F, _,. - - ine 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: 952227.1125 Fax 952.227.1110 Web Site www.achanhassen.mn.us Upon inspection staff found that the property is it) 'vtolation'of several conditions of IUP #96-2. Attached is`a list citing violations of IUP #96-2_ and sections of Chanhassen City CodereferringtoIntenm Use Permits. Amendments, and Conditional Use Permits. You have until June 17, 2005 to either submit a planitiniclihe to bring the property into compliance with the,,- conditions of Inteinn Use Pernmt #96-2 that is satisfactory to staff or notify the Citythat you will be applying for an amendment to Interim Use Penntt #96-2. If one of these two options is not perfor ned by June 17. 2005, the City will initiate tho revocation process of Interim Use Permit #96-?. I have also enclosed application materials for an Interim Use Permit amendment. Your immediate cooperation in cot icctingl this issue is greatly appreciated. If YOU ha%c any questions please contact me at 95? -237-1132 or ImetzerCr ci.chanhasscn.livit tic. Department Enclosures Cc: Skip Cook, Property g:\plao\jmkode eofacem Agrees gardens\v olaui letter.doc The City of Chanhassen • A growing communitywilh clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geal 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: corn, 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. 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 hereby 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 shall be permitted on the site unless approved by the City Council. 2. 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. C. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 9:00 am. 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 am. to 10:00 p:m. d. Exterior light sources shall be shielded. e. No outside speaker system shall be allowed. f. 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. g. Signage shall comply with city ordinances. h. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. i. 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. No other contractors equipment shall be stored on the property. 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. k. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. 1. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of 41 equipment and materials is permitted in these buildings. in. No grading of the property shall be permitted unless a grading permit is obtained from the City. n. 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. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. LVse. 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: July 8. 1996 CITY OF CHANHASSEN TIT- �_.. �.�_ �.�.. �� STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this l9dray of 19va by Donald I Chmiel, Mayor and Don Ashworth, City Manager, of thei of sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to thority granted by its City Council. DRAFCED BY: Ca�pbe4 Knutson Scott &. Fuchs, P.A Smite 317 1380 Corporate Center Curve Fagu4 Minnesota 55121 (612) 452-5000 RNK KAREN J. ENCGE RDTT NOTARY PUBO D- jANWNESOTA �y� des Jam 31. ON hly EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right- of-way line of the Chicago & North Western Transportation Co. and lying 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 Northwestern Railway 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, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly 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 MINN'!"967 CARVER COUNTY RECORDER (A%bssttract Department) Filling Fee: Z_ Copy Fee: 60 Check No: / U v V ( Cash Filed On Recorderat _74wo, Cad W. Hanson Jr., County �_✓ •,, i Planning Commission Meeting - June 19, 1996 PUBLIC HEARING: REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY AND VARIANCES TO THE SETBACK REQUIREMENTS ON PROPERTY ZONED A2 AND LOCATED AT THE NORTHWEST CORNER OF TH 101 AND TH 212, SKIP COOK Public Present: Name Address Skip and Teri Cook 15506 Village Woods Drive Harold Hesse 1425 Bluff Creek Drive Kate Aanenson presented 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 that they'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 tum lanes or the expansion down there to provide a deceleration lane for the site. Mancino: But that is between the applicant and MnDot. I mean we, as a city, aren't saying you have to put in a deceleration lane. 26 Planning Commission Meeting - June 19, 1996 Hempel: That's correct. Because we don't have the jurisdiction on that highway but that would be MnDot. Aanenson: Yeah, and we did speak to someone from MnDot and they 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 MnDot 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, okay. 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 that screening. 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. I own the property that we're talking about. On the comer 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 I 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 has a 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 start ... I thought he could do it quicker... so he got that together. What I, after further studying and looking at the letter that... staff 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 page 3, and these are kind of questions that I've been putting out to you too. As far 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 ... trees are agriculture 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 agriculturally permitted ... I 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,a retail on an agricultural A2 property. We did make an amendment. Skip Cook: With a grandfather clause. 28 Planning Commission Meeting - June 19, 1996 Aanenson: Well, you have grandfather rights which means you cannot expand any of the retail component. Okay, there's now the contractor's yard kind of component has expanded. You can display rocks. They're selling mulch. Dirt. Those sort of things. That has expanded. Okay. So if it was being continued to use in the way it was, they have the 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 is what we spoke to your attorney about too. Skip Cook: But the original, part of the deal, all of that was used and under till for years... so that goes along with the project. There has been no property added to that. Now the trees, when they're in the field as far 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 not a get rich quick operation down 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 the nursery and 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, temporary, that meets the city's objections that are not too onerous on the applicant. 29 Planning Commission Meeting - June 19, 1996 Skip Cook: Things just seem, on the list for example and the MnDot thing I guess, we said that was all... How about the berming, the permanent landscaping along Highway 101 and then further back to 212. I don't understand why we 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 that? 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 the 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 packet all of these attachments... If the use, it hasn't changed 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 work with these issues. If you're comfortable with them, if the Planning Commission's comfortable, we can certainly 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... 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? Farmakes moved, Mehl seconded to open the public hewing. The public hearing 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 ... I 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, Faimakes seconded to close the public hewing. The public hewing 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. I know it's not a high revenue generating comer 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 don't think this is should be a 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. Mancino: -Any discussion on the variance to the setback? Do you feel comfortable 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 496-2 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, 1996, and subject to conditions 1 through 14. 32 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 MnDot. 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. The 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 with conditions of approval. Mancino: Thank you. Joyce moved, Farmakes seconded that the Planning Commission recommends that the City Council approve the interim use permit for a wholesale and retail nursery, 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 June 10, 1996 (prepared by Dick Henning Enterprise), and subject to the following conditions: 33 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 the 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 determine 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 and 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 shall work with MnDot to relocate the access point on TH 212 further to the west. A deceleration lane should also be installed along westbound TH 212. All voted in favor and the motion carried. PUBLIC HEARING: REQUEST FOR SITE PLAN APPROVAL FOR THREE BUILDINGS IN A 26,600 SQUARE FOOT COMMERCIAL DEVELOPMENT ON 3.4 ACRES AND A CONDITIONAL USE PERMIT TO ALLOW MORE THAN ONE PRINCIPAL BUILDING ON A LOT, ON PROPERTY ZONED BG GENERAL BUSINESS DISTRICT 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 H, T.F. JAMES COMPANY Due to a faulty tape, the staff presentation, the applicant's presentation and some of the commission's discussion was not recorded. 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 here, 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, and 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 here, 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 plantings. Well. 35 -9 vkv City Council Meeting - July 8, 1996 Councilman Senn: Put it in the contract. Mayor Chmiel: Colleen. Councilwoman Dockendorf: I didn't, I misunderstood you Charles. Since we're providing some of the 611, 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 contract 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 III call for a motion. Councilman Senn: Move approval. Councilwoman Dockendorf: Second. Resolution #96-59: Councilman Senn moved, Councilwoman Dockendorf seconded to award the bids for the Coulter Boulevard Phase U Road and Utility hnprovement Project No. 93-26B to Minger Construction in an amount of S1,246,059.91. All voted in favor and the motion carried. REQUEST FOR AN INTERIM USE PERMrr FOR A NURSERY; AND VARIANCES TO THE SETBACK REOUIREMENTS: 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 try to fine tune that and we believe that—conditions of the staff report. We wanted to designate exactly what certain things were and so we've got an inventory of materials that are out there. So -based on that, staff is recommending approval. I'd be happy to answer any questions that you have. - 24 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 contractors 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 so 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. Councilman 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 101? 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 ... That 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 Chmick Colleen: Councilwoman Dockendorf: Just a question for Kate. The land use plan is unguided. I was surprised at that. 26 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 Dockendorf seconded to approve the interim use permit for a wholesale and retail nursery, 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 Faterprise), and subject to the following conditions: 1. 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 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. 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. An annual review will be conducted to determine compliance with the attached conditions. 7. Signage shall comply with city ordinances. 27 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 landscaping 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 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. APPROVE PLANS & SPECIFICATIONS FOR ARBORETUM BOULEVARD EXTENSION TO LAKE ANN PARK: AUTHORIZE ADVERTISING FOR BIDS PROJECT 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 tum 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 tum 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, the profile along the trail will be coordinated with the adjacent property there so that the trail will be going up and down in order to provide more of a natural pitch with the - ----existing.trail. This is -a -typical section of the Lake Ann Park entrance. , We'll be providing a median between the media inbound and the outbound roadways- that median will be widened up to give a place for this building. Either the current building or a new buil�ing that the park department will build in there. This all 28 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being fust 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 IP� day of P pri , 2006. I, Notary AMc KIM T. MEUWISSEN � Notary Public- Minnesota r � My Commission Expires Jan 31, 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 18, 2006 at 7:00 P.M. This hearing may not start until later In the avenin de endin on the order of theagenda. Location: Cit Hall Council Chambers, 7700 Market Blvd. GREEN GARDENS: Request for an amendment to Interim Proposal: Use Permit #96-2 for expansion of the wholesale/retail nursery use — Plannin Case 06-15 Applicant: Keith Werner Property 850 Flying Cloud Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/06-15.htmI. If you wish to talk to someone about this project, please contact Josh Metzer by email at imetzerOci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Prwedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 18, 2006 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. GREEN GARDENS: Request for an amendment to Interim Proposal: Use Permit #96-2 for expansion of the wholesale/retail nursery use — Planning Case 06-15 Applicant: Keith Werner Property 850 Flying Cloud Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.Chanhassen.mn.us/sere/plan/06-15.html. If you wish to talk to someone about this project, please contact Josh Metzer by e-mail at imetzer@ci.chanhassen.mn.us or by Questions & phone at 952-227.1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrlal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wlsh to have something to be included in the report, lease contact the Plannino Staff person named on the notification. This map is neither a legally recorded map nor a survey and is not intended to be used es crte. This map is a compilation of records, information and data located in various city, county, state and federal offices and oVter sources regarding Me area shown, and is to be used for refer mse W rposes 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 nM 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 Me depiction of geographic features. M errors or discrepancies are found please contact 952-227-1107. The precedng disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and Me user of this reap acknowiedges that the City shall not be liable nor any damages, and expressly waives all claim, and agrees to defend, indennity, and hold hamyeas the City Irom any and all claim brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided This map is neither a legally recorded map our a survey and is trot intended to be used as one. This man is a come labon of records. Infometion and data located in various coy, county, state and federal offices and other sources regarding rite ama shown, and Is to be used for reference Wipmms, only. The City does not wamant that Me 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 c r direction or precision in the depiction of geographic features. 0 enors or discrepancies are found please contact 952227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subic. 21 (2000), and the user of this map acknowledges that ma City shall nor be liable for any damages, and expressly waives all claims, and agrees to defend, Indemnity, and hold hamiess the City from any and all claims brought by User, its employees or agents, or third paries xltich arise out of the user's access or use of data provided. RILEY PURGATORY BLF CRK WS ALAN D & ANDREA S CARTY WAYNE A & INGRID A DICASTRI C/O PAUL HAIK 675 LAKOTA LN 1025 HESSE FARM RD 701 4TH AVE S CHASKA, MN 55318 -9455 CHASKA, MN 55318 -9527 SUITE 500 MINNEAPOLIS, MN 56415 -1810 BRUCE B & SUSAN V RECH 1000 HESSE FARM RD CHASKA, MN 55318 -9520 DEBRA L WENDORF 740 VOGELSBURG TRL CHASKA, MN 55318 -9461 BRIAN J & WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA, MN 55318 -9515 STATE OF MINNESOTA -DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD ST PAUL, MN 55155 -4030 EMERALD VENTURES LLC PO BOX 260 CHASKA, MN 55318 -0260 L RICHARD & KAREN C DEE 1201 HESSE FARM CIR CHASKA, MN 55318 -9518 ALLEN R ROTHE 750 VOGELSBERG TRL CHASKA. MN 55318 -9461 LOUISE E ZAMJAHN ETAL C/O DAVID ZAMJAHN 7506 77TH ST CHASKA. MN 55318 -9600 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347 -1439 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S SW STREET LEVEL MINNEAPOLIS, MN 55487 -0999 JOHN D & BARBARA J FORCE 1001 HESSE FARM RD CHASKA, MN 55318 -9527 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA, MN 55318 -9515 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA . MN 55387 -9629 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA, MN 55318 -9470 Public Hearing Notification Area (500 feet) Green Gardens Interim Use Permit Amendment 850 Flying Cloud Drive Planning Case No. 06-15 City of Chanhassen SUBJECT SITE(, - p/( (§{) ¥z / /ID «y \ . �. F -I \ �^ \ ❑ / D . �..�\ 000000.000 �g 0000 � 000000000 . 0 » OD0�7- 5 . . rT r / V �. d u pyyoverflow storage " 0 i.,€ 0 hard goods storage 0 0 0 "^"' 0 """ 0 "'"' '"" I — equipment parking and storage _ dlspliy garden _ future had plant storage and sales area existing sheds stone sales area mulch bins y0 +— Parking )I � Al posslb I-- 1 9 garden future enter �Z�P green use II plant storage and sales area greenhouse / en i _ + _ .sales dlsplslan0ay ® 1 posslble exlsting future entrance entrance HIGHWAY 212 REWYm rnrtma arvowx�w i i 1". 30' 1:360 Planning Commission Meeting — April 18, 2006 PUBLIC HEARING: GREEN GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT #96-2 FOR EXPANSION OF THE WHOLESALE/RETAIL NURSERY USE. THE SITE IS LOCATED IN THE AGRICULTURAL ESTATE (A-2) DISTRICT AT 850 FLYING CLOUD DRIVE, PLANNING CASE 06-15. Public Present: Address Keith Werner 850 Flying Cloud Drive Corey Truebenbach 404 Synchove Street, Jordan Skip Cook 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 wholesaletretail 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 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. 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 fight 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 stricture 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 0. 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. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 04/07/2006 2:18:40 PM Receipt No. 0007430 CLERK: katie PAYEE: GREEN GARDENS NURSERY CASE 06-15 GREEN GARDENS ------------------------------------------------------- Use & Variance 425.00 Recording Fees 50.00 Total Cash Check 3477 Change 475.00 0.00 475.00 0.00 SCANNED GREEN GARS $425 IntE $200 Not $50 Rei $675 $475 GrE Check 3477 NEED PAYME SCANNED AECE1PT WY OF 7700 MARKET BLVD. • P.O. B0P147 CHANHASSEN, MN 55317 No, 7 8 2 13 CHANHASSEN PHONE: (952) 227-1100 RECEIVED OF �(eC'll C-)afjerl -<� (� DATE 1 -q -o,(,v DESCRIPTION PERMILIC. AMOUNT FUND SOURCE OBJ. PROD. G "V�fiiYN I I(�+-gyp "1 lupme11�1,11e,t�— �IzS SCAN ED TOTAL AMOUNT CHECK, CASH Cl dO DEPUTY TREASURER March 15, 2006 Josh Metzer Planning Department City of Chanhassen Chanhassen, Minnesota Dear Planning Commission members; RECEIVED MAR 17 2006 CITY OF CHANHASSEN 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 Screen and establish landscape and bin materials on second level of the property. The current IUP restricts landscape materials to the lower property level which 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 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. (.)t _ -- Applicant Name and Address: Owner Name and Address: C a,R t,jS s.1(SQ . cA. CIO -.,A Fl CIO-.,A�; �z' 15l EAell YlA;V"f- _ Contact: 'ni'r✓ Contact: SX. (Lac Phone: (ore - la -s!�SK Fax:952- 4-u119 Phone:61L- - Fax: Email: {leatg MiA4 Z Vn�o r� t Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) - Interim Use Permit (IUP) tgJMCNdmt4T Non -conforming Use Permit Planned Unit Development" Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)` Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost— $50 CUP/SPRNAC/VAR/WAP/Metes & Bounds $450 Minor SUB TOTAL FEE s Lit7-5= An additional fee of $3.00 per address within the public hearing notification 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'/Q" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) 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 charged for each application. $CANNE0 ZOO/Zoog 1N911001199IRMSNIVI O2tiSUT29 IVA SO:Si IM 900Z/Oi10 PROJECT NAME: LOCATION:157I.N LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES A NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: N wYsg=r' REQUESTED LAND USE DESIGNATION: SA tom? 1 REASON FOR REQUEST: r �.1� < < �� MtA� Ml a �� rj,t— ti IrJ?ae n. use Pctth$ Of, fJno�c.52 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 speck 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 applicant within 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. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tide, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1491 /r �f, - 3_ 3 -aoa6 Signature of Applicant_ / Date A) r'V.l� jt 3— 3 aooiI5 Signature of Fee Owner Date SCANNED G:\pLAMrorms\Uevelopment Review Applic0on.00C Rev. 12/05 Z00/Z002 MENA II90 13MUSNIVI 09MUT99 W 6MT IM 9002/Oi/£0 CITY OF MEMORANDUM CIIANIIASSEN TO: Josh Metzer, Planner I 7700 Market Boulevard SUBJ: Skip Cook/Green Gardens. Request for an amendment to PO Box 147 FROM: Mark Littfin, Fire Marshal Chanhassen, MN 55317 nursery use. The site is located in an Agricultural Estate(A-2) District Administration DATE: April 7, 2006 Phone: 952.227.1100 Natural Resource'Phone: 9522277.1130.1130 Fax: 952.227.1110 SUBJ: Skip Cook/Green Gardens. Request for an amendment to Building Inspections Interim use permit #96-2 for expansion of the wholesale/retail Phone: 952227.1180 nursery use. The site is located in an Agricultural Estate(A-2) District Fax: 952.227 1190 At 850 Flying Cloud Drive. Engineering Phone: 952.227,1160 Planning Case: 06-15, Green Gardens IUP amendment Fax: 952.227.1170 Finance I have the reviewed the proposed plan for the interim use permit for the above project. Phone: 952.227.1140 In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I Fax. 952.227.1110 have the following fire code or city ordinance/policy requirements. The site plan review is based on the available information submitted at this time. If additional plans Park A Recreation Phone: 952.227.1120 or changes are submitted, the appropriate code or policy items will be addressed. Fax: 952.227.1110 Recreation center The existing tanks for storage and dispensing of fuels into motor vehicles do not meet 2310 Coulter Boulevard Minnesota State Fire Code. In order to approve the interim use permit, the applicant Phone: 952271404 4 Fax: 952.227.14 must meet the following requirements. g Planning A 1. Applicant must fill out the aboveground storage tank installation permit Natural Resource'Phone: 9522277.1130.1130 application. (See enclosed permit application.) Fax: 952.227.1110 2. Permit must be issued by the Chanhassen Fire Marshal before any type of work ic orks on tanks and dispensing equipment is started. 1591 Park Parrkk Road Phone: 952.227.1300 Fax: 952.227.1310 3. Plans will need to be reviewed by the planning and building department for proper compliance. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 4. Acceptance test must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. Web Site www.6chanhassennn.us 5. Enclosed are copies of the installation of aboveground tanks for dispensing fuels into motor vehicles. This information should assist owner with the correct way to install the tanks/dispensing equipment. gAsafety\ml\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. Date TANK SITE: Company: _ City, State, Zip: Contact: CONTRACTOR: Name: City, State, Zip: Contact: CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227- 1150 FAX: (952) 227-1190 ABOVEGROUND Storage Tank Installation Permit Application Proposed Date to Start Work Permit Fee $ Describe Work To Be Done Phone: Address: Fax: PLEASE BEAD THE FOLLOWING INFORMATION BEFORE BEGINNING: The following information must be submitted with the application and proposed plan. Submit all materials, including application and plot plan, in duplicate. Provide a detailed plot plan showing locations of new and existing tanks, liquefied petroleum tanks, property lines, roadways, driving surfaces, all structures, surface waters, all utilities, canopies, piping layout, dispenser location, emergency controls and portable fire extinguishers. A copy of the approved plans and application must be present on the site for review. Incomplete information will result in application being returned. If not applicable, mark N/A. All tank installations must comply with the International Fire Code, NFPA standards, Pollution Control Agency rules and City of Chanhassen requirements. Aboveground Storage Tank Installation Permit Application Page 1 of 3 e Work, including site preparation work, shall not begin until permit has been issued. All information requested below must be provided on plans or described below unless not applicable. Incomplete information may result in plans being returned. Check all that apply: Motor vehicle fuel dispensing Bulk storage Loading 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 leak detection Describe material beneath tank(s) -Canopy over tank or dispenser? Describe normal venting Emergency vent size Describe signage/labeling Describe vehicle impact protection Describe dispenser(s) Describe hose and breakaway devices Describe lightning protection Describe electrical classifications Describe vent lines Dispensing lines Provide manufacturer specification sheets for tanks and piping. Provide documentation of Minnesota PCA tank registration. Provide documentation of both individual and company MNPCA certification. Aboveground Storage Tank Installation Permit Application Page 2 of 3 ./ I, the undersigned, do hereby agree to complete the above described work in accordance with City codes, the Minnesota Fire Code, NFPA and other nationally recognized standards. Applicant Signature 3/24/05 Date Aboveground Storage Tank Installation Permit Application Page 3 of 3 State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 Internet: http://www.fire.state.mn.us. ABOVEGROUND STORAGE TANK PLAN REVIEW INFORMATION SHEET Alcohol & Gambling SECTION 1— INTRODUCTION Enforcement Bureau of The purpose of this information sheet is to provide a general outline to Criminal individuals who conduct aboveground storage tank installation plan reviews. Apprehension This information sheet does not attempt to cover every code requirement or Capitol Security every situation. As of August, 2002, the Minnesota State Fire Marshal Division no longer conducts plan reviews for aboveground or Crime Victim Services underground storage tank installations. This responsibility has been g g � �' given to the local code officials to ensure compliance with Minnesota State Fire Driver & Vehicle Code (MSFC) provisions. The requirements outlined in this information sheet Services apply only to aboveground storage tank plan review regulations. Emergency Management / The requirements for aboveground flammable/combustible tank installations Emergency Response come from MSFC Chapters 22 and 34, along with National Fire Protection Commission Association Standard (NFPA) 30, Flammable and Combustible Liquids Code. State Fire The requirements for liquefied petroleum gas installations come from NFPA Marshal / 58, 2001 Edition, Liquefied Petroleum Gas Code. Pipeline Safety State Patrol 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 Traffic Safety the installer from following the requirements outlined in the 2003 Minnesota State Fire Code. Applicable MSFC code sections are referenced in brackets [ ]. The local fire 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 jurisdiction IMSFC (03) K Section 3401.61. The plans shall include, at minimum, method of storage _ (tank construction); type and class of liquid; 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. AU dispensing of flammable/combustible liquids from aboveground storage tanks must receive prior approval from the local fire chief or fire marshal [MSFC (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 regulations apniv to both new and existing aboveground storage tanks. There will be several occasions where this document will reference National Fire Protection Association (NFPA) Standards. The State Fire Marshal Division cannot give this information out free of charge due to copyright laws. However, all NFPA Standards can be purchased by calling NFPA directly at 800-344-3555 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 questions to firecode@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 100°F. Combustible liquids shall be subdivided as follows: Class II. Liquids having a closed cup flash point at or above 100°F and below 140°F. Class IIIA. Liquids having a closed cup flash point at or above 140'F and below 200°F. Class IIIB. Liquids having a closed cup flash point at or above 200°F. Flammable Liquid -A liquid having a closed cup flash point below 100°F. 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°F and having a boiling point below 100°F. Class IB. Liquids having a flash point below 73°F and having a boiling point at or above 100°F. Class IC. Liquids having a flash point at or above 73°F and below 100°F. 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. (U/L) Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, U/L 142, 921, or, Standard for Insulated Aboveground Tanks for Flammable and Combustible Liquids, UIL 2085. All new and existine 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) U/L 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 U/L Standard 921 tank is two U/L 142 tanks — one inside the other. Similar to the 142 tank, a metal plate should indicate the tank meets the standards of U/L 921. Due to the double-wall, secondary containment would not be required as it would be for a U/L 142 tank. 2.1.3 U/L Standard 2085 (Two -Hour Protected Aboveground Tank) A U/L Standard 2085 tank is constructed and tested in accordance with U/L 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 U/L 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 of NFPA 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 AST Plan 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-I, 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 (U/L 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 (UAL 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 of 27 If the protected tank exceeds 6,000 gallons, the tank must be a minimum of 25 feet from property lines and combustible storage and 15 feet from public ways or important buildings. 3.2.2 Tank Separation 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 H liquids when stored in a two-hour fire protected tank (U/L 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 dispensing line 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 of the 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 2206.2.7.1.51. 3.8 Safety Precautions The tanks and piping shall be safeguarded against collision, spillage, and overfill. The fire 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 6 unless 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 of 36 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 of 2-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 NFPA 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 information please 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 of liquid 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 2206.7.7.11, 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 of 27 3.22 Unattended Self -Service Stations Where approved by the code official, unattended self service stations are allowed. As a 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 location 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 `H-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 in 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 of 2-A: 20-B:C and shall 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 of MSFC (03) Table 2703.1.1(1) shall be provided with an approved automatic fire -extinguishing system in accordance with NFPA 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 AST Plan 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 requirements 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. For example: MSFC Table 2703.1.1(1) allows 240 gallons of gasoline (I -B Liquid) in a facility 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 of 240 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 1 -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]. 5.23 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 external, 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 shall be 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 of NFPA 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 NFPA 30 Table 2-6 (96), re -printed below: SFMD AST Plan Review Fact Sheet August 15, 2003 Page 12 of 27 NFPA Table 2-6 Tank Capacity (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way Minimum distance in feet from nearest side of any public way or from nearest important building on the same property 275 or less 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 500,000 500,001 to 1,000,000 80 100 25 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 NFPA 30 (96). The separation distances from property lines, important buildings and combustible storage can be reduced by %z 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 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. 5.3.5 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]. 53.6 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. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 13 of 27 53.7 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 conform to the requirements of the Minnesota State Electrical Code. 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. 63 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 intemal pressure caused by exposure fires. Emergency venting must be installed in accordance with NFPA 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 of the 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 of an 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 fine department to cope with flammable/combustible liquid fires. 8.2 Elevated Tanks Tanks elevated more than 12 inches that store Class I, II or IIIA liquids shall have a fire - resistance rating of not less than 2 hours in accordance with the fire exposure criteria specified in ASTM E 1529. There are three exceptions to this regulation: 1. Structural supports tested as part of a protected aboveground tank in accordance with UAL 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 NFPA 13 (99). SFMD AST Plan Review Fact Sheet August 15, 2003 Page 15 of 27 8.3 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. 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 NFPA 30 (96). 9.2 Bulk Plant/Industrial Plant Tank Separation Distances Bulk Plants Tank Separation Distances Tank size (gallons) Minimum distance in feet from property line that is or can be built upon, including the opposite side of a public way, and shall not be less than 5 feet Minimum distance in feet from nearest side of any public way or from nearest important building on the same property and shall not be less than 5 feet 275 or less 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 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. 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 barriers 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 18 lb'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 (NFPA) 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 of 27 NFPA 58 (0 1) Chapter 3 applies to the location and field installation 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 [NFPA 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 VIII, ' 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 of tanks at one site [NFPA 58 (01) Section 2.2.1.10]. 10.4 Container Appurtenances 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 10.5 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 -leak 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 cfm of air. Pressure relief Pressure relief devices on ASME containers shall be vented away from the container upward and unobstructed to the open air [NFPA 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. NFPA 58 01 Table 3.2.2.2. Table 2.3.2.4(a) Pressure Relief Valve Flow Capacity as a function of Container Aboveground Containers (feet) Surface Area < 125 Oa Minimum Surface Area (sq. ft.) Flow 0 Rate ft3 10 air/min 100 2340 250 4960 500 8760 750 12220 1000 15470 1500 21570 10.6 Regulators A two stage regulator or an integral two-stage regulator shall be required on all fixed piping systems that serve'/2 psi appliance systems [NFPA 58 (0 1) 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 of the 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 may be built upon [NFPA 58 (01) Section 3-2.2.21: NFPA 58 01 Table 3.2.2.2. Minimum Distances Water Capacity Per Container (gallons) Aboveground Containers (feet) Between Containers (feet) < 125 Oa 0 125-250 10 0 251-500 10 3 501-2,000 25n 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 of 27 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 adjacent containers 1/4 of sum of diameters of > 1,000,000 400 adjacent containers a —See NFPA 58 (01) Section 3.2.2.2 (b), (c) and (e). b=See NFPA 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 any one of the following: -replacement costs of building 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 aermitted 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 NFPA 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) Section 2703.51. 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 of 720 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 of LP -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 lockable 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 [NFPA 58 (01) Section 3.10]. 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, fire department response time, fire department training, etc.). Fire 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 18 lb'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 (0 1) Section 3.3 through 3.3.8. SFMD AST Plan Review Fact Sheet August 15, 2003 Page 21 of 27 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 of LP -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 (0 1) 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. 11.3.2 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 18 lb'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 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 (0 1) 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 of NFPA 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, fire 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 his/her knowledge or capabilities. There are several fire 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 of 27 FIRE PROPERTIES OF COMMON LIQUIDS NAME FLASH BOILING HAZARD POINT POINT CLASSIF- I.D. (^F) (^F) ICATION FPA 704 H F R Acetaldehyde -38 70 IA 3 4 2 (Acetic Aldehyde) Ethanol Acetone -4 133 IB 1 3 0 (Dimethyl Ketone) 2 -Pro anon Acetyl Chloride 40 124 IB 3 3 2 Ethan 1 Chloride W Acrolein Dimer 118 304 II 1 2 1 Acrylonitrile 32 171 IB 4 3 2 (Vinyl Cyanide) ro enenitrile 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 IB 1 3 0 Alcohol— Propyl 74 207 IC 1 3 0 Allyl Alcohol 70 206 IB 4 3 1 Allylamine -20 128 111 4 3 1 2 -Pro en lamine Amyl Acetate 60 300 IB 1 3 0 1-Pentanol Acetate Amyl Alcohol 91 280 II 1 3 0 1-Pentanol Amylene 0 86 IA Pentene Asphalt (Typical) 400+ >700 IIIB 0 1 0 Petroleum Pitch Benzene 12 176 IB 2 3 0 Benzol Benzyl Alcohol 200 403 IUB 2 1 0 Phen 1 Carbinol Butyl Acetate 72 260 IB 1 3 1 0 (Bu lethanoate) Butyl Acrylate 84 260 IC 2 2 2 r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- SFMD AST Plan Review Fact Sheet August 15, 2003 Page 24 of 27 r-------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- ' FLASH BOILING CLASSIF- HAZARD NAME POINT POINT ICATION I.D. (°F) (°F) A 704 H F R Butyl Alcohol 98 243 IC 1 3 0 (1 -Butanol) (Propylacarbinol) (Propyl Methanol Carbon Disulfide -22 115 IB 3 3 0 Carbon Bisulfide Creosote Oil 165 382-752 IIIA 2 2 0 Cumene 96 306 IC 2 3 1 (Cumol) (2 -Phenyl Propane) (Isopropyl Benzene Cyclohexane -4 179 IB 1 3 0 (Hexahydrobenzene) Hexameth lene Denatured Alcohol 60 175 IB 0 1 3 1 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. 1-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 13 l 3 0 (Acetic Ester) (Acetic Ether) (Ethyl Ethanoate Ethyl Acrylate 50 211 IB 2 3 2 Ethyl Alcohol 55 173 IB 0 3 0 (Grain Alcohol, Cologne Spirits, Ethanol Ethylamine <0 62 IA 3 4 0 Aminoethane r-------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- ' SFMD AST Plan Review Fact Sheet August 15, 2003 Page 25 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) (OF) H F R Ethyl Chloride -58 54 IA 1 4 0 (Chloroethane) (Hydrochloric Ether) Muriatic Ether Ethylene Dichloride 56 183 1B 2 3 0 (1,2-Dichloroethane) (Glycol Dichloride Ethylene Glycol 232 387 MB 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 IUIIIA 0 2 0 (Kerosene) (Range Oil) Coal Oil Fuel Oil No. 2 126-204 IUIIIA 0 2 0 Fuel Oil No. 4 142-240 IUIIIA 0 2 0 Fuel Oil No. 6 150-270 IUIIIA 0 2 0 Furan <32 88 IA Gasoline 45 to -50 100-400 IB I 3 0 Gasoline -50 1 3 0 115-145 Octane Aviation Grade He tane 25 209 I13 Hexane -7 156 IB 1 3 0 (Hexyl Hydride) isopentane -60 82 IA SFMD AST Plan Review Fact Sheet August 15, 2003 Page 26 of 27 NAME FLASH POINT BOILING CLASSIF- HAZARD I.D. (°F) POINT ICATION (NFPA 704) (OF) H F R Isopropyl Alcohol 53 181 113 1 3 0 (Isopropanol) (Dimethyl Carbinol) (2 -Propanol) lsopropyl Ether -18 156 IB Iso ro lamine -35 89 IA Jet Fuels Jet A and A-1 110-150 400-550 11 0 2 0 Jet B -10 to 30 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 16 176 113 1 3 0 (2-Butanone) (Ethyl Methyl Ketone Methyl Isobutyl 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 50° Flash Naphtha V.M. & P. 85 280-350 II 1 3 0 High Flash Naphtha V.M. & P. 28 212-320 IB 1 3 0 Regular SFMD AST Plan Review Fact Sheet August 15, 2003 Page 27 of 27 NAME FLASH BOILING CLASSIF- HAZARD POINT POINT ICATION I.D. (°F) ("F) A 704 H F R Nitrobenzene 190 412 IIIA 3 2 1 (Nitrobenzol) Oil or Mirbane Nitromethane 95 214 IC 1 3 4 Octane 56 258 IB Pentane -40 97 IA Petroleum, Crude, Sweet 20-90 1 3 0 Petroleum Ether <0 95-140 IMB 1 4 0 (Benzine) (Naphtha, Petroleum Phenol 175 358 IIIA 4 2 0 Carbolic Acid Propyl Alcohol 74 207 IC 1 3 0 (I -Propanol) Provylene Glycol 210 370 HH3 Propylene Oxide -35 94 IA 3 4 1 2 Styrene 88 295 IC 2 3 2 (Cinnamene) (Phenylethylene) (Vinyl Benzene drofuran 6 151 IB 2 3 1 lene Oxide F 40 231 IB 2 3 0 ylbenzene) (Phenyhnethane) Toluol Turpentine 95 300 IC 1 3 0 Vinyl Acetate 18 161 IB 2 3 2 (Ethenyl Ethanoate Vinyl Ethyl Ether -50 96 IA o -Xylene 90 292 IC 2 3 0 (1,2 -Dimethylbenzene) o -X lol r -------------------------------------------------- H =Health F = Flammability R = Reactivity -------------------------------------------------- ' g.^° State Fire Marshal Division �' 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555 0�9�ar�� Internet: http://www.dps.state.mn.us Alcohol& INSTALLATION OF ABOVEGROUND STORAGE TANKS Gambling FOR DISPENSING INTO MOTOR VEHICLES Enforcement Bureau of The 2003 Minnesota State Fire Code (MSFC) allows the dispensing of flammable (Class I) Criminal and combustible (Class I) liquids from aboveground storage tanks (AST) into motor vehicles Apprehension including automotive, marine, and aircraft. There are predominantly three types of ASTs that Capitol Security are used for this operation; one is the Underwriters Laboratories (UL) listed 142 steel AST Crime Victim (single wall), the UL Standard 921 (double wall) and the other is the listed 2 -hour fire Services protected AST that is built to UL 2085. Driver Vehicle ServicesProposed Pro osed installations will need local approval/notification (permit) and possible plan review documents dependant upon the local code official. Also, MN Pollution Control Agency Emergency and/or Department of Natural Resources may require approval when necessary. Effective Management/ Emergency August, 2002, plan review documents are no longer required to be submitted to the State Response Fire Marshal Division. Code Specialists are available at the State Fire Marshal Division to Commission answer any questions on these requirements from the 2003 Minnesota State Fire Code State Fire (MSFC). They can be reached at (651) 215-0500 or by email sent to firecode@state.mn.us. Marshal / Pipeline Safety Requirements for BOTH the UL 142 and 2 -hour protected AST State Patrol Traffic Safety I. 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 y 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 nrZ "" 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 of 95 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 Pagel of 5 SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 2 of 5 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 of liquid 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 L/sec) 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) located not less than 3 feet from the protected object [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 bean 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 SHUTDOWN 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 -11 March 31, 2003 Page 3 of 5 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 • Dispensing of LPG, CNG, etc. resort • Dispensing from tank vehicles • Dispensing inside a building • Unsupervised dispensing • Dispensing into containers 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 of 5 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 fire resistive and thus have requirements for separation between the tank and buildings and also between the tank and dispenser. This page covers the additional requirements for single and double wall plain steel UL 142 or UL 921 tanks. Note the separation required between the tank and buildings plus the separation required between tank 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 II 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 II 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 antisyphon 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-off valve 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 (NFPA) Standard 780, Lightning Protection Code (1997 Edition). SFMD Fact Sheet INS -FACT -11 March 31, 2003 Page 5 of 5 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. This page covers the additional requirements for double wall fire resistive 2 -hour protected tanks. The separation distances given here apply only to this type of tank and do not apply for single or double wall plain steel tanks. 1. ASTs shall not exceed 12,000 gallons individual capacity or 48,000 gallons aggregate capacity at any one 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) ASTs greater than 6,000 gallons shall be 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 property Less than or equal 15 feet 5 feet 3 feet to 6,000 Greater than 6,000 25 feet 15 feet 3 feet CITY OF CHANHASSEN CARVER & HENNEPIN COUNTII NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 18, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an amendment to Interim Use Permit #96-2 for expansion of the wholesaletretail nursery use on property located at 850 Flying Cloud Drive — GREEN GARDENS. Applicant: Keith Werner. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/Wrv/ Ian/06-15.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: jmetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on April 6, 2006) scoxwa Carver County GIS Mapping Application N 101 r, P "c. 4r� 12 f `Y Copyright ner Legend Rood Ten US INgharays N 0 Kgh�ays N �µ Map Created on: «P*aa �� 4-4-2006 vN,a Carver "a �'' County AMnl Philo 2002 This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. 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 permit 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 berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. 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. 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. i. 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. SCANNED CrrY OF CHANHASSEN CARVER AND HENNEPIN C6UNTIES, MINNESOTA INTERIM USE PERMIT #96-2 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby 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 shall be permitted on the site unless approved by the City Council. 2. Pro e The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: see attached "Exhibit A" I Conditions. The permit is issued based on the findings presented in the stag 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, ng angesOvy Ibghw212 and Highway 10 t(southeast comerpoane area and display area adjacent used for these purposes. No materials or aisplays shall be placedpwithrn) the rightof--way or Ob t the vie height w 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. C. Hours of operation shall be from 7:00 am. 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. d. Exterior light sources shall be shielded. e. No outside speaker system shall be allowed. f The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determin conditions. e compliance with the attached g• Signage shall comply with city ordinances. h• Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. i• No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation9fthe nursery. No other contractors equipment shall be stored on the property. 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. k• No outside storage of equipment and materials unrelated to the nursery business shall be f Permitted. 1- 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. M. No grading of the property shall be permitted unless a grading permit is obtained from the City. n. The applicant shall work with MnDOT in examining the possibility of relocating the access point on TH 212 fin-ther 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 terns of this conditional use permit is a criminal misdemeanor. Dated- STATE ated_ CITY OF CHANHASSEN /II 4o d I _ t �� STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this, of 1 by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the i of sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to uthority granted by its City Council. M DRAFrED BY: Campben, Knutson, Scott & Fuchs, PA Suite 317 1380 Corporate Cents Curve Fagan, Minnesota 55121 (612)452-5000 RNK KARE=MMESOTA NOTARY hry eat Date: March 29, 2006 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Skip Cook/Green Gardens: Request for an amendment to Interim Use Permit #96-2 for expansion of the wholesalelretail nursery use. The site is located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive — Planning Case 06-15 Planning Case: 06-15 — Green Gardens IUP Amendment The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on March 17, 2006. The 60 -day review period ends May 16, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on April 18, 2006 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 7, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 7. Carver County neer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 6. U.S. Fish & Wildlife 13. Other - SCANNED � I �� 'fit � .,£ - �� 5 6�� :x. .. __� �_ �� _,�=- - � 1 Cfl'COF Date: March 29, 2006 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Skip Cook/Green Gardens: Request for an amendment to Interim Use Permit #96-2 for expansion of the wholesaletretail nursery use. The site is located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive — Planning Case 06-15 Planning Case: 06-15 — Green Gardens IUP Amendment The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on March 17, 2006. The 60day review period ends May 16, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on April 18, 2006 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 7, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. Owner Name and Address: SK, o C01I,1 S1111 Z. 1 Contact: S'KtpGao Phone: -Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) AJMirNdM.tJ-C Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Perm It Vacation of Right-0f-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost*' $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds $450 Minor SUB TOTAL FEE $ L ZS Z- feAG�'11 F� An additional fee of $3.00 per address within the public hearing notification 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'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) 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 charged for each application. NO/100 ,IBI HOU RKVB lq,"SKM 096fi9UM YU RMT 194 onnzAT411 PROJECT NAME: LOCATION: SS'O H � l NJ LEGAL DESCRIPTION: TOTAL ACREAGE: 10 ~ WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: N WYiQ ��l REQUESTED LAND USE DESIGNATION: S REASON FOR REQUEST: Qr- 1�oti.1� �� V\A1 P— 1.xt� Ml,J� &\Y3 KR -::2 No i'i v._ I rJ3wf , n,, uSu. Dc ca b _ I.Mmra\.c ^kv_ knowc.Q O—r, 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 applicant within 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. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tide, 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 consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Signature / of Fee Owner�� G:\ptAMib ms\Development Review Application. DOC 3— 3 — goo Date 3 - 3 ao�6 Date Rev. 12/05 NNW ,(Yl1a000A RVU IRRUSNIVW 096i9P1199 XV,d 60:91 TN.a HVAT/90 March 15, 2006 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 which 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 IJP 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 appearance with the existing or intended character of the general vicinity. The [UP 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 Sec. 20-265. 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 permit 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 berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. 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. 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. i. 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. CITY OF CHANHASSEN CARVER AND HENNEPIN C6UNTIES, MINNESOTA INTERIM USE PERMIT #46-2 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby 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 shall be Permitted on the site unless approved by the City Council. 2. Proverty. 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 vehicles associated with the garden for the storage of equipment, materials, or 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, °meg 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 obstruct the view of . No materials or displays shall be placed within the right-of-way or 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. C. 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 sakes shall be permitted from 7:00 a.m. to 10:00 p -.m. d• Exterior light sources shall be shielded. e• No outside speaker system shall be allowed f 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. g• Signage shall comply with city ordinances. h. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. L No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the n equipment shall be stored on the property. ursery. No other contractors 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. k. No outside storage of equipment and materials unrelated to the nursery business shall be 1. 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. n. 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. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns 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: July 8, 1996 CITY OF CHANHASSEN L rR / �ot. d J. -el, ayor ' 0W— STATE OF MINNESOTA ) (SS COUNTY OF CARVER } 16 The foregoing instrument was acknowledged before me this 19 dray of by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the i of sen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to uthority granted by its City Council. V4k--> DRAFTED BY: Camphe]4 KnumM Scat & Fuchs• PA Suite 317 1380 Ccgxotte Center Cave Fagan, Minnesota 55121 (612)452-5000 RNK esM+sewes✓� KAREN J.ENGELHARDT NOTARY pUBUC - MWESOTA CARM9 sim EE V -m JON 31.2000 ,�beyr L poMMnb�yN4 _ a< k �. Ti �� 1 2A 2 St. & 4w -j) �" S r4-(1jA-6- 6_(,j� VO. L, Livl Ay�" RECEIVED MAR 2 2 2006 CITY OF CHANHASSEN lul I { 4—• 2t I .gra Fk 1rIr l k� F 1 1 2-(2- y dant storage and sales area display gardeni, lana storage and sales are :04 0 stone bins oogs Stora store sales area possible future entrance rnulch bins future use HIGHWAY 212 overflow storage fe-quipment parking . r .L- i J. •garden,, entry1 i . o existing entrance RECEIVED MAR 3 1 2006 CITY OF CHANHASSEN 1" = 30' 1:360 designed 2005 by jeff zeitler of green gardens nursery and landscaping ------ -- -- ----- -- --- _ �__ — - -------- in