9. Revocation of CUP, Northwest Wholesale Nurseries, 9150 Great Plains Blvd. W
I I 4 .A:
C I T Y O F
ClIANIIASSZN P.0
DATE:
- q
II �k , Y� C.C. DATE; Oct. 9, 1989
CASE NO 85-1 CUP
II Prepared by: Olsen/v
o
STAFF REPORT
1 ,
U PROPOSAL: Consideration of Revocation of Conditional Use Permit
Northwest Wholesale Nursery
I 41:i
r;C:w1 by Ci's Acirrtfni'tra 7
I2 LOCATION: 9150 Great Plains Boulevard 7e� •J_.d
II1.i... APPLICANT: Mark VanHoef
Q Northwest Wholesale Nursery i°t2 tr.,
II 9150 Great Plains Blvd.
Chaska, MN 55318
II PRESENT ZONING: A-2, Agricultural Estate
ACREAGE: 39 . 48 acres
DENSITY:
IADJACENT ZONING
AND LAND USE: N- A-2; single family
II S- A-2; agricultural
E- -2
ii A single family
Q W- A-2; agricultural
II WATER AND SEWER:
t • Not available to the site
IPHYSICAL CHARAC. : The site contains a Class A
northwest corner of the siteWetland in the
II2000 LAND USE PLAN: Agricultural
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Northwest Wholesale Nursery
October 9 , 1989
Page 2
APPLICABLE REGULATIONS
The Zoning Ordinance defines wholesale nursery as an enterprise
' which conducts the wholesale of plants grown on site as well as
accessory items directly related to their care and maintenance
( not including power equipment such as gas or engine mowers and
farm implements ) .
Section 20-574 of Conditional Uses in the A-2 District allows
' wholesale nurseries as a conditional use.
Section 20-257 requires the following specific conditions as part
of approval for wholesale nurseries :
' 1. The site must be on a collector street or a minor arterial as
identified in the Comprehensive Plan.
2 . The minimum lot size is five acres.
3 . All storage and yard areas, as well as buildings , must be
' setback 100 feet from public or private road right-of-ways
and 500 feet from an adjacent single family residence.
4 . All outdoor storage areas must be completely screened by 100%
opaque fencing or berming.
' 5 . Hours of operation shall be from 7 : 00 a.m. to 6 : 00 p.m.
Monday through Saturday only. Work on Sundays and holidays
is not permitted.
6 . Light sources shall be shielded.
7 . No outside speaker systems are allowed.
' BACKGROUND
1985 On February 5 , 1985, the City Council approved the conditional
use permit for a wholesale nursery as shown on the site plan
stamped "Received January 21, 1985" (Attachment #1) .
986 On December 10, 1986, the City sent a letter to Messrs. VanHoef
and Wilson stating that a condition of the conditional use permit
approval for the wholesale nursery was a requirement of a
planting screen in the southwest corner of the site (Attachment
#2) . The applicant sent a letter dated December 16 , 1986 , in
response to staff' s letter stating that the delay in compliance
for the screening condition was a result of developments beyond
' their control and that the screening would be completed in the
spring of 1987 (Attachment #3 ) . Staff sent a letter in response
the December 16th letter stating that it was understood that an
extension until June 1, 1987, for the site improvements to be
completed was approved by the City (Attachment #4) .
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Northwest Wholesale Nursery
October 9, 1989
Page 3
'1987 On December 11, 1987, the City sent a letter to Mr . VanHoef
clarifying that any alteration to the wetlands on the subject
property would require a wetland alteration permit from the City
(Attachment #5) .
111988 On July 6 , 1988, staff sent Mr . VanHoef a letter in regards to
the shade house structure located on the wholesale nursery site
' and other activities occurring on the site. Staff stated that
these activities including the shade house were considered an
expansion to what was approved with the original conditional use
' permit for the wholesale nursery. For these activities to be
permitted, a conditional use permit must be received from the
City providing approval for expansion of the wholesale nursery.
The letter verified that staff would allow the shade structure to
remain on site due to the hot and dry weather that we had been
experiencing with the condition that an application be made by
August 29 , 1988, for a conditional use permit for the expansion
' of the business , a wetland alteration permit for the proposal to
fill in a portion of the wetland and showing that that shade
structure would be moved to meet the required setbacks
(Attachment #6 ) .
On August 15 , 1988, staff received the proposed site plan and
application for the expansion of Northwest Nursery and a letter
explaining the future expansion of the site (Attachment #7) .
Staff submitted a letter back to the applicant stating that for
the process to proceed, a submittal of 26 copies of the site
plan, application fee ( $150 for conditional use permit and $150
for wetland alteration permit) and a property owners list within
500 feet was required. It was further stated that the site plan
' would have to contain the topography of the site, the proposed
grading and drainage and details on the proposed pond for the
wetland alteration permit. Also, it was stated that if the shade
structure was not moved to meet the 100 foot setback from the
' property line, a variance would have to be received (Attachment
#8) . The public hearings were rescheduled several times in order
for a complete application to be submitted by the applicant
.( Attachment #9 ) .
11989 On January 4 , 1989 , the Planning con-
ditional , , g Commission reviewed the co
ditional use permit for expansion of the wholesale nursery opera-
tion, the wetland alteration permit for alteration of the Class A
wetland and a setback variance for the shade structure. The
Planning Commission voted to table action on the item until addi-
tional information could be provided by staff and the applicant
answering questions raised by the Planning Commission and adja-
cent residents (Attachment #10) .
A letter from the applicant was sent to staff on January 25 ,
1989, requesting that after consideration of the cost quotes
received and time involved concerning the additional requirements
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Northwest Wholesale Nursery
October 9 , 1989
Page 4
' from the Planning Commission, the applicant felt that resche-
duling the application for a later date would be appropriate.
The applicant stated that they would pursue obtaining the
' outlined requirements sometime in October or November of 1989
(Attachment #11) . At this point, staff did not move ahead with
the application.
In February of 1989, staff was updating action taken on the
wholesale nursery site and found the letter from the applicant
requesting that the application be delayed until September or
October of 1989 . The reason the applicant was going through the
conditional use permit, wetland alteration permit and variance
procedure was that staff -had required the applicant to do such or
else they would have been in violation of the conditional use
permit, wetland and zoning ordinance. Staff at that time con-
tacted the applicant to question if it had been agreed that the
application would be delayed until the fall of 1989 and to make
it understood that to wait that long would not be appropriate.
In spring of 1989, staff started to receive complaints from
' Kevin Finger, the neighbor to the east of the nursery site, in
response to activities taking place at Northwest Nursery.
' On July 28 , 1989 , staff was informed of the filling taking place
at Northwest Nursery without permission from the City.
On August 2, 1989 , staff sent a letter to the applicant stating
that the filling that was taking place on the nursery site was in
violation of the wetland ordinance and the conditional use permit
and that the applicant must make a submittal to continue the
' application process immediately. Staff allowed the applicant
until September 25 , 1989, to make the application including the
information requested by the Planning Commission in January,
1989 (Attachment #12 ) .
On September 11, 1989, Kevin Finger presented a letter and
discussed his concerns with Northwest Nursery and staff during
the Vistors Presentation at the City Council meeting. At that
time, the Council directed staff to bring the issue back in front
of the Council at the next Council meeting to consider revocation
' of the conditional use permit for Northwest Nursery. Staff sche-
duled it for the October 9 , 1989, meeting to allow the required
public hearing notice to be processed (Attachment #13 ) .
ANALYSIS
The major issues for the Northwest Nursery conditional use are
' the following:
1. The definition of a wholesale nursery and how it applies to
' Northwest Nursery.
2. The drainage issues and related impacts to adjacent properties .
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Northwest Wholesale Nursery
October 9 , 1989
Page 5
3 . Expansion beyond the approved site plan from the original
conditional use permit and satisfaction of conditions of
' approval for the original 1985 conditional use permit.
4 . Location of structures within the required setbacks .
5 . The filling of portions of the property adjacent to wetlands
and proposed alterations to the Class A and B wetlands .
1 . DEFINITION OF WHOLESALE NURSERY
During the Planning Commission in January of 1989, it was
discussed whether or not Northwest Nursery met the City Code
definition of wholesale nursery. The City Code defines a whole-
sale nursery as "an enterprise which conducts the wholesale of
plants grown on site as well as accessory items directly related
to their care and maintenance (not including power equipment such
as gas or engine mowers and farm implements) " . It was commented
that Northwest Nursery has potted plants on site which are not
growing in the ground. The definition of wholesale nursery was
added to the City Code as part of the zoning ordinance amendment
to allow wholesale nurseries as a conditional use in the A-2
District.
' Staff also asked the City Attorney to review whether or not
Northwest Nursery qualifies as a wholesale nursery under the City
Zoning Ordinance since they grow some nursery stock in pots
rather than in the ground and since they truck in plant material
for resale off-site. The City Attorney has stated that the
definition does not require that plants be grown in the ground
rather than pots since it does not specifically state the plants
' have to be grown in the ground (Attachment #14 ) . Enforcement of
the ordinance should be construed in the property owner ' s favor
and that Northwest Nursery qualifies as a wholesale nursery.
' During the review of the conditional use permit and zoning ordi-
nance amendment for the Northwest Nursery to allow wholesale nur-
series as a conditional use, the applicant provided information
on what would be occurring on the site. The type of growing and
' storage of plants on site did not seem a concern to the Planning
Commission and City Council when the conditional use permit and
zoning ordinance amendment were approved.
Therefore, staff feels that the Northwest Nursery does meet the
definition of a wholesale nursery as defined by the Chanhassen
City Code and feels that this is not an issue with whether or not
the nursery should continue to be allowed as a conditional use.
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Northwest Wholesale Nursery
' October 9 , 1989
Page 6
2 . DRAINAGE ISSUES AND RELATED IMPACTS TO ADJACENT PROPERTIES
An adjacent property property owner to the east of the nursery
(Finger) has claimed that drainage from the nursery site has
impacted their property specifically as a result of irrigation
taking place at the nursery. Staff has met with the applicant on
site to discuss the drainage problems occurring at Northwest
Nursery and on adjacent properties. Drainage from the nursery
site is directed to a culvert that crosses Hwy. 101 to the east
and directs drainage into the Finger property adjacent to Hwy.
101. The runoff is then directed north along the east side of
Hwy. 101 and enters another culvert back across Hwy.. 101 and into
the wetlands located to the north of the nursery. The drainage
' flow follows the natural contours of the property. The culvert
under Hwy. 101 that drains the nursery site also handles water
from parcels located farther to the south along the highway.
ISheet 4 of the plans illustrates detailed grading and drainage
plans proposed by the applicant to alleviate the drainage
problems the Fingers are experiencing. In the letter from the
' applicant, Mr. VanHoef has outlined two options to remove any
drainage impacts from the nursery to the Finger property.
Currently, as previously stated, there is a culvert underneath
I Hwy. 101 directing drainage from the nursery site to the Finger
property. The culvert was installed and is controlled by the
Minnesota Department of Transportation. The applicant is pro-
posing to work with the Highway Department to redirect runoff
by eliminating the culvert and excavating a ditch that would run
north along the west side of Hwy. 101 outletting into the wetland
' (Alternative #2 ) . This proposal would prevent the runoff from
the nursery and from other properties draining into the culvert
from entering the Finger property. If the Highway Department
does not allow the culvert to be removed and to instead use the
' ditch along Hwy. 101 for drainage, the applicant is proposing to
provide a berm along the southeast corner of the site which would
collect the runoff from the nursery site. The runoff would then
' be piped along the east side of the nursery site adjacent to Hwy.
101 and would enter a ponding area adjacent to the Class B
wetland on the north side of the property. The runoff will then
continue to flow into the Class A wetland as it does naturally
(Alternative #1) . This proposal prevents runoff from the nursery
site from entering the Finger property but drainage from other
parcels that flows through the culvert onto the Finger property
would continue to do so. ( Sheet 4 of the plans illustrates the
berming, ponding areas and piping to redirect runoff from the
Finger property and to keep it on the nursery site. ) The appli-
cant is also proposing to pave a portion of the driveway where
runoff will be collected from the site and directed to the
drainage swale or pipe. The driveway will be paved with either
alternative.
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' Northwest Wholesale Nursery
October 9 , 1989
Page 7
Staff believes that either option will resolve the problem
' although relocating the culvert is preferable since it will
effectively deal with all the water crossing over to the Finger
property. If the conditional use permit is not revolced and the
use is allowed to continued, we are recommending that a $10, 000
letter of credit be required to ensure that the drainage improve-
ments and driveway paving are completed by June 1, 1990 .
The applicant has shown staff photographs taken in early spring,
prior to any irrigation taking place on the nursery site, which
shows that there is a large amount of runoff crossing Hwy. 101
and entering the Finger property. The applicant has provided
staff with the photographs to show that it is not necessarily the
irrigation of the site that is causing the drainage problems on
the Finger property. It appears that natural runoff from adja-
cent properties adds to the drainage problems that the Fingers
are experiencing and not directly a result of the activities of
the nursery. The corrections to the drainage problems on the
nursery site that the applicant is proposing will remove any off-
site drainage from the nursery site from entering the Finger pro-
perty and should resolve the issue and concerns that the Fingers
I had with the seasonal flooding of their property. Attachment #15
further addresses the drainage alternatives .
Mr. Finger has also stated that the location of trucks and truck
activity on site should be moved from directly behind the house
to behind the barn and hill. By moving the truck activity
further into the site, noise and other disturbances would be
' reduced. Should the applicant be permitted to proceed with an
application to amend the conditional use permit a condition of
approval could be to move the truck activity on site. Currently,
where the trucking activity is taking place is not in violation
11 of the existing conditional use permit.
3 . EXPANSION BEYOND THE APPROVED SITE PLAN FOR THE ORIGINAL
' CONDITIONAL USE PERMIT
Sheet 1 of the attached plans provide a copy of the approved site
plan dated January 21, 1985. The second sheet provides details
on existing conditions as of fall of 1989 . The third sheet shows
the ultimate expansion of the site. The fourth sheet is a detail
of the easterly portion of the nursery site. The original plan
was very basic showing just existing buildings and activities
that would be occurring at the wholesale nursery in the immediate
future. The applicant had been given direction by staff that
providing an expansion plan was not necessary at that time. The
1985 plan approved as part of the conditional use permit for the
wholesale nursery allowed and required the following:
1. Proposed planting screen in the southeast corner of the site
to screen the holding area from Hwy. 101.
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Northwest Wholesale Nursery
October 9 , 1989
Page 8
2 . The plan included one holding area adjacent to Hwy. 101, a
growing area along the southerly portion of the property, a
future storage area behind the barn, an existing house, two
storage buildings , and barn.
Sheet 2 of the plans ( existing conditions) show that the house,
two sheds and barn as located on the approved site plan are still
in existence and being used as part of the wholesale nursery.
The planting area as approved on the original site plan is still
' in existence and does not appear to have been expanded beyond
what was approved. The following is a list of areas that have
been added or expanded over what was originally approved.
1. The holding area located in the southeast corner of the site
has been expanded beyond what was originally approved.
2 . A shade structure has been added with the storage of potted
plants located north of the existing house, adjacent to Hwy.
101.
3 . Holding areas for shrubs have been added to the east and west
of the new shade structure. These areas are not shown on the
original site plan.
' 4 . Two larger holding areas for shrubs have been added to the
west of the barn adjacent to the Class B wetlands.
' 5 . An area has been filled as shown on Sheet 4 of the plans
adjacent to the proposed shade structure.
In summary, the applicant has increased the holding areas with
potted plants over what was originally approved with the 1985
site plan. The planting areas have remained the same and the
' applicant has included an additional structure on site.
As far as meeting the conditions of the original site plan, the
.applicant has met the condition of providing planting screen in
the southeast corner of the site. The zoning ordinance requires
the following specific conditions for a wholesale nursery:
' 1. The site must be on a collector street or a minor arterial as
identified in the Comprehensive Plan.
The nursery meets this condition.
2 . The minimum lot size is five acres .
The nursery meets this condition.
3 . All storage and yard areas , as well as buildings , must be
setback 100 feet from public or private road right-of-ways
and 500 feet from an adjacent single family residence.
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Northwest Wholesale Nursery
October 9 , 1989
Page 9
The existing shade structure does not meet this requirement,
but the applicant is proposing to remove the existing shade
' structure and replace it with a larger shade structure that
would meet the 100 foot setback from a public or private road
right-of-way. It appears that the structure would also be
' 500 feet from adjacent single family residences but the
applicant should provide a plan verifying that the setback is
being met.
' 4 . All outdoor storage areas must be completely screened by 100%
opaque fencing or berming.
' The applicant is proposing additional heavy screening along
Hwy. 101 to further screen the holding areas (see Sheet 4 of
the plans) . A condition of approving the shade structure
would that it would have to be screened by 100% opaque
' fencing to meet the condition for a wholesale nursery.
5 . Hours of operation shall be from 7 : 00 a.m. to 6 : 00 p.m.
' Monday through Saturday only. Work on Sundays and holidays
is not permitted.
The applicant has stated that their hours of operation are
from 7:00 a.m. to 6 : 00 p.m. Monday through Saturday only.
6 . Light sources shall be shielded.
' Northwest Nursery meets this requirement.
7 . No outside speaker systems are allowed.
Northwest Nursery meets this requirement.
' In summary, the Northwest Nursery has expanded beyond what was
originally approved in 1985 . Specifically, the holding areas
have been increased in size and number, a shade structure has
been added and partial filling of the site has occurred. As far
as conditions of site plan approval, it appears that the appli-
cant has met the screening condition of the southeast corner of
' the site. The screening is proposed to be increased. The nur-
sery meets the specific conditions for a wholesale nursery except
for the existing shade structure which is proposed to be moved to
meet the setbacks .
4 . LOCATION OF STRUCTURES WITHIN THE REQUIRED SETBACKS .
The applicant constructed a shade structure which is located
within the 100 foot setback requirement for any structures . The
zoning ordinance requires any storage areas to be setback 100
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Northwest Wholesale Nursery
October 9 , 1989
Page 10
feet from public right-of-ways and to be screened with 100% opa-
que fence. On Sheet 3 of the plans , the applicant is proposing
to remove the existing shade structure and replace it with a
' larger one which is located 100 feet from the public ROW from
Hwy. 101. If the City Council decides not to revoke the con-
ditional use permit, the applicant would be required to go
' through the conditional use permit process for expansion to the
original conditional use and as part of this would be required to
relocate the structure to meet the required setbacks . We would
recommend that June 1, 1990 , be set as the deadline for removal
of the non-conforming structure.
' 5 . THE FILLING OF PORTIONS OF THE PROPERTY ADJACENT TO WETLANDS
AND PROPOSED ALTERATIONS TO THE CLASS A AND B WETLANDS .
' The applicant has filled in a portion of the ravine located north
of the barn. Since this is within 200 feet of protected wetland,
the applicant is required to receive a wetland alteration permit
to allow such filling to take place. Even if the wetland ordi-
nance did not require the permit, the applicant would have had to
at least receive a grading from the City to allow the filling.
Staff placed a "stop work order" on the site to prevent any con-
tinued filling of the property and required the applicant to
install erosion control to protect the adjacent wetlands from the
fill . Sheet 4 of the plans illustrates the area that was filled
' and shows areas that the applicant is proposing to fill to level
out a area which will be used for future storage areas . The
actual Class B and A wetlands are not proposed to be disturbed.
The applicant has placed erosion control between the existing
' fill area and the wetlands. Staff is proposing that the erosion
control must be maintained until improvements to the site are
complete. As with #4 , if the City Council does not revoke the
' conditional use permit, the applicant will be going through a
conditional use permit for expansion of the wholesale nursery and
a wetland alteration permit to allow the filling that has taken
' place and is proposed to take place.
6 . PROPOSED EXPANSION OF THE SITE.
' Staff has directed the applicant to provide a plan showing the
ultimate expansion to the nursery which could be part of the
' application for amendment to the conditional use permit and would
allow the applicant the ability to expand if approved by the City
without having to go through the conditional use permit again.
Sheet 3 of the plans shows the proposed ultimate expansion of the
site. The proposed expansion of the nursery site does not
include any great expansion over what is existing today. The
only further expansion would be the future planting areas on
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Northwest Wholesale Nursery
October 9, 1989
Page 11
' the south side of the Class A wetland and alterations to the
Class B wetland adjacent to the Class A wetland. As with the
previous two sections, if the City Council does not revoke the
' conditional use permit, the applicant would be proceeding with
the conditional use permit to allow the existing expansion and
future expansion and wetland alteration permit. A condition of
approval would be that the applicant has until July 1, 1990 to
' receive an amended conditional use permit and wetland alteration
permit.
' RECOMMENDATION
The applicant has provided plans which staff feels will address
' the drainage issues raised by Mr. Finger. Staff feels that the
question of whether or not the Northwest Nursery is a wholesale
nursery has also been addressed. There is no question that the
nursery has expanded beyond what was originally approved in 1985
' but staff does not feel that the expansion that has taken place
is that out of character with the use of the property as a
wholesale nursery and is a negative impact to adjacent properties .
The applicant has stated that the hours of operation does not
exceed those that would be typically allowed tiith any wholesale
nursery ( 7 : 00 a.m to 6 : 00 p.m. Monday through Saturday) . The
number of employees and amount of equipment used on site has not
' greatly increased over what originally existed in 1985 and again,
staff does not feel what currently exists is over and above what a
typical nursery would include.
Therefore, staff feels that revocation of the conditional use per-
mit is not necessary at this time in that the issues raised in
' regards to activities on the nursery site can be addressed through
the application process of revising the conditional use permit and
wetland alteration permit.
Staff recommends that the City Council not revoke the conditional
use permit and instead require the applicant to continue with the
conditional use permit and wetland alteration permit process and
' .condition approval on that the applicant provide redirection of the
drainage from the nursery site from the Finger property, provide
the proposed screening along Hwy. 101 and receive an amended con-
ditional use permit and wetland alteration by June 1, 1990.
' "The City Council recommends denial of the consideration for
revocation of Conditional Use Permit #85-1 for Northwest Nursery
Wholesale with the following conditions :
1 . The applicant shall redirect runoff from the nursery by using
one of the alternatives shown on the drainage plans as shown on
Sheet 4 of the plans dated September 27 , 1989 and approved by
MnDOT and City Engineer by June 1, 1990.
' 2 . The applicant shall proceed immediately with the application
for expansion of the 1985 conditional use permit for the
Northwest Wholesale Nursery
October 9 , 1989
Page 12
wholesale nursery and proceed with the application for
wetland alteration for existing filling and proposed filling
' adjacent to the wetlands and receive such permits by June 1,
1990.
3 . By October 16, 1989 , the applicant shall install Type III
erosion control between the berm and holding area in the
southeast corner of the nursery site to prevent runoff and
' sedimentation from entering adjacent properties .
4 . The applicant shall provide a letter of credit as determined
by the City Engineer and Planning Director to ensure the
drainage improvements and proposed landscape is completed.
5 . The applicant shall remove the existing non-conforming shade
' structure by June 1, 1990. "
ATTACHMENTS
1 1 . City Council minutes dated February 5, 1985 , including staff
report.
2 . Letter from Jo Ann Olsen dated December 10 , 1986 .
1 3 . Letter from Northwest Nursery dated December 16 , 1986 .
4 . Letter from Jo Ann Olsen dated December 18 , 1986 .
5 . Letter from Jo Ann Olsen dated December 11, 1986 .
6 . Letter from Jo Ann Olsen dated July 6 , 1988 .
7 . Letter from Northwest Nursery dated August 15 , 1988 .
8 . Letter from Jo Ann Olsen dated August 18 , 1988.
9 . Public hearing notices .
10 . Planning Commission minutes dated January 4 , 1989 and staff
report.
11. Letter from Northwest Nursery dated January 25, 1989.
' 12 . Letter from Jo Ann Olsen dated August 2, 1989 .
13 . Letter from-Kevin Finger dated September 11, 1989 .
14. Letter from City Attorney dated August 29 , 1989 .
15 . Memo from Dave Hempel dated October 5 , 1989 .
'16 . Letter from Northwest Nursery dated September 25 , 1989 .
17 . Letter from Earl Holasek dated September 9 , 1989 .
18. Letter from David Blanski dated September 3 , 1989 .
19 . Plans dated September 27 , 1989 .
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' Council Meeting February") , 1985 -7-
:Y
Councilman Horn - I thought the suggestion was that we eliminate this lot as a
' building lot . Is it that or is it to raise the level of the floor?
r Councilwoman Swenson - It' s to make it a slab instead of a basement .
I i Councilman Geving - My earlier suggestion was to eliminate the lot. Pat came through
with a fairly good idea, maybe the building style would alleviate that particular
problem and as far as I am concerned I thought it was a good idea .
' Mayor Hamilton - Then one of the conditions of the approval of this subdivision could
be to have a review of Lot 1 so we can see at the time someone comes to you and says
I want to buy that lot then perhaps you had better tell them to come and see us or
when they figure out what kind of house they might want to build there then we still
reserve the right to review prior to their finalizing the deal with you.
' Councilman Horn - I would like clarification from the attorney , are we in a position
to do that on this property?
Roger Knutson - Under the circumstances I think that would be a workable solution.
' Randy Herman - I think that ' s e
e
a r .able as
9 long as you are not going to unduly
restrict any type of a structure on the property as long as it's understood that what
we are really looking at is what type .
Councilwoman Swenson - Maybe what we should do to follow up on what your suggestion
is, Mayor , since Lots 1 , 2, and 3 are the ones that are going to require the varian-
ces , let 's take a look at those when they come up and grant these variances as they
come instead of giving a blanket variance for all three right now .
Don Ashworth - From a staff standpoint if you wanted to look at the one lot when the
plat was completed you have got a specific time frame out there . Going through a
conditional use permit process is very difficult and may hamper sales. I guess I
would just as soon take a look at the plat once it is completed and if there is a
problem do it at that point in time .
Mayor Hamilton moved to approve the preliminary plat and wetland alteration permit
for twelve single family residential lots known as Piper Ridge with the condition
that the Council maintains the option of reviewing a structure to be built on Lot 1
and that compliance with drainage and street improvement recommendations as noted in
the City Engineer ' s memorandum of February 1 , 1985, City Council minutes dated
December 17, 1984, and building setback variances for Lots 2 and 3 . Motion seconded
by Councilman Horn. The following voted in favor: Mayor Hamilton , Councilwoman
' Swenson , Councilmen Geving and Horn . Councilwoman Watson voted no . Motion carried .
CONDITIONAL USE PERMIT, WHOLESALE NURSERY, GREAT PLAINS BLVD .
Mayor Hamilton - We reviewed this just a couple weeks ago and we rezoned . Has
anything changed since that time?
Barbara Dacy - No , every-thing that you see on the site plan represents what the
' applicant plans .
Councilman Horn moved to approve Planning Case 85-1 , Conditional Use Permit , to
t locate a wholesale nursery at 9150 Great Plains Blvd . as depicted on site plan #3.
Motion seconded by Mayor Hamilton . The following voted in favor: Mayor Hamilton ,
Councilwomen Watson and Swenson , Councilmen Horn and Geving. No negative votes . ,
Motion carried .
1
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it;, I
\
1
<_\7_ , .% ,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
` (612) 937-1900
I
1
February 5, 1985
I
Mr. Mark VanHoef and
I
Mr. Jim Wilson
10550 Nicollet Ave. So.
Bloomington, MN 55420
II
Dear Messrs. VanHoef and Wilson:
This is to formally notify you that the City Council at the
II
February 4, 1985 meeting approved your request for conditional
use permit for a wholesale nursery as depicted on the Site Plan
stamped "Received January 21, 1985" . Attached for your review is
II
a copy of the conditional use permit which will be filed at the
Carver County Recorder' s Office. Please be advised that in
transcribing your legal description from your site plan, we
II
discovered that a line was missing as compared to the description
on the subdivision survey filed by Lawrence Klein. You should
correct your copy of the site plan.
Should you have any questions, please feel free to contact me. II
Good luck in your new venture!
S 'ncerely, 1
:WU
Barbara Dacy 11 City Planner
BD:v II
II
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1 ,L.., y:-" -' " " 690 COULTER DRIVE • P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317
z" r (612) 937-1900 fiction by C;ty Administtafn
(Endorsed V
Modified
I STAFF REPORT Rejected
Date
TO: Chanhassen Planning Commission Date Submitted to Commissiori
IIFROM: Barbara Dacy , City Planner Date Submitted to Council
.2—-- --;
DATE : January 18 , 1985 r .
ISUBJ: Conditional Use Permit for a Wholesale Nursery
IPLANNING CASE: 85-1 Conditional Use Permit
GENERAL INFORMATION
II Applicant Mark VanHoff
10550 Nicollet Ave . S.
Bloomington , MN 55420
IStatus of Applicant Purchaser
I Owner Lawrence Klein
9170 Great Plains Blvd.
Chaska , MN 55318
IRequested Action Conditional use permit approval.
Purpose To operate a wholesale nursery .
IExisting Zoning R-la, Agricultural Residence
District .
Location 9150 Great Plains Blvd.
Size 39 acres
IExisting Land Use Single family residence and agri-
cultural activities .
IAdjacent Land Use and Zoning North: Single family residence;
R-la
South: Agricultural; R-la
I East : Single family residence;
R-la
West : Agricultural; R-la
I
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Mark VanHoff CUP
' January 18 , 1985
Page 2
Adopted Comprehensive Plan
a. Land Use Plan: The site is located outside of the
Urban Service Area and is
designated as Agricultural on the
adopted Land Use Plan.
b. Transportation: Great Plains Boulevard is
' designated as a collector.
Zoning History Wholesale nurseries were approved
as conditional uses in the R-la
11 District by the City Council on
January 7, 1985 .
' SPECIAL INFORMATION
' Physical Site Characteristics The site contains a Class A
wetland in the extreme northwest
corner of the parcel.
1
' ANALYSIS
The applicant is intending to operate a wholesale nursery on the sub-
, ject parcel. The applicant intends to utilize the existing driveway
for access to the existing structures as indicated on the attached
site plan. Nursery stock is intended to be grown in the area indi-
cated as holding areas. The applicant is also intending an area for
' greenhouses/propagation facilities . The proposed location of these
facilities will be screened by vegetation on the south and will be
screened to the north because of the slope of the land. The applicant
' also intends to locate vegetation along Great Plains Boulevard and
along a portion of the southern boundary. The southwest portion of
the property will be used for additional growing areas.
' The proposed use should not have an adverse impact on surrounding
properties. Existing access from Great Plains Boulevard (which is a
collector) appears to be adequate for vehicles that will be entering
and leaving the site. There is adequate turn around area and parking
area in and around the existing structures to accommodate vehicles.
Because the applicant intends to install landscaping along Great
Plains Boulevard and around the property, the visual impact of this
use should be minimized. The applicant has indicated that his acti-
vity is limited to licensed nurserymen and not the general public.
I
Mark VanHoff CUP
January 18, 1985
Page 3
RECOMMENDATION
The Planning staff recommends that the Planning Commission adopt the
following motion:
"The Planning Commission recommends that the City Council approve '
Conditional Use Permit Request #85-1 to locate a wholesale nursery at
9150 Great Plains Boulevard as depicted on the Site Plan labeled as
Attachment #3. "
PLANNING COMMISSION ACTION
The Commissioners unanimously recommended approval of Conditional ,
Use Permit Request #85-1 on a motion by J. Thompson and seconded
by M. Thompson.
REPORT ATTACHMENTS
1 . General location map.
2. Aerial photograph.
3. Site Plan stamped "Received January 21, 1985" .
4 . Application.
5 . Ordinance No. 47-AY.
6. Planning Commission minutes dated January 23 , 1985 .
I
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LAND DEVELOPMENT APPLICATION J / 1
CITY OF CIANHASSEN �iti �t *_t II
390 Coulter Drive mac,`
Chanhassen , C.1N 5531', / lt'"� �; __i __
/ ( Gl2) 937-1900 I IU :, j 1
APPLICANT: ,AF'-IL- \I , ' OWNER:
i
ADDRESS ICS-,-13 igke. u.T '{} 4 ADDRESS _ I
Zip Coae Zip Code,
TELEPHONE (Daytime) V R2-3y5 L TELEPHONE
REQUEST:
Zoning District Change Planned Unit Development '
Zoning Appeal Sketch Plan I
Preliminary Plan
Zoning Variance Final Plan
Zoning Text Amendment Subdivision II
Land Use Plan Amendment Platting
Metes and Bounds 11 Conditional Use Permit
Street/Easement Vacation
Site Plan Review I
PROJECT NAME
PRESENT LAND USE PLAN DESIGNATION II
REQUESTED LAND USE PLAN DESIGNATION
P
II
RESENT ZONING TA a.
REQUESTED ZONING ', I
1 J5�
U ES PROPOSED /\ C���f► ;iii j�*4 ,c7.0-,Li
S
II
IZE OF PROPERTY % AulV7
✓IOCATION 91 qmi\ r poi45 QAA1,41)
EASO,IS FOR THIS REQUEST 1,Q4),NV .l .. , "1
v�►'� rJ �CYk.L'�• Cg 1.4t�y���`w! WIu)U,,rt
nArn at -Wit, ItaVikiz 1 I
II
L
EGAL DESCRIPTION (Attach legal if necessary ) II
II
(over) 7X-C hilt Af
' City of Chanhassen
Land Development Application
Page 2
FILING INSTRUCTIONS :
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 City Planner
to determine the specific ordinance and procedural requirements
applicable to your application .
FILING CERTIFICATION:
The undersigned representative of the applicant hereby certifies
' that he is familiar with the procedural requirements of all
applicable City Ordinances .
Signed By
11/4.43(-- Date y '�
Appli antj t
' The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described.
Signed By Date
Fee Owner
s
Date Application Received
' Application Fee Paid
City Receipt No.
1
* This Application will be considered by the Planning Commission/
Board of Adjustments and Appeals at their -
meeting if the application is received by
/ 7
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES , MINNESOTA
ORDINANCE NO. 47-AY
AN ORDINANCE AMENDING SECTION 4 (RULES AND DEFINITIONS) AND
SECTION 6 . 04 (USES BY CONDITIONAL USE PERMIT WITHIN R-1A,
AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47 AS AMENDED
HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47" .
THE CITY COUNCIL OF CHANHASSEN ORDAINS :
SECTION 1 . Section 4 (Rules and Definitions ) of Zoning
Ordinance No . 47 is hereby amended by adding the following
definition: I
Nurseries : An enterprise which conducts the wholesale of
plants grown on site as well as accessory items directly
related to their care and maintenance (but not including
power equipment such as gas or engine lawn mowers and farm
implements ) .
SECTION 2 . Section 6. 04 (Uses by Conditional Use Permit Within
an R-1A, Agricultural Residential District) is hereby amended by
adding the following language: I
14 . Wholesale nurseries .
SECTION 3 . Effective Date . This ordinance shall become
effective from and after its passage and official publication.
Passed and adopted by the Chanhassen City Council this 7th
day of January , 1985 .
ATTEST : '
Don Ashworth, City Clerk/Manager Thomas L. Hamilton , Mayor
(Public hearing held by the Planning Commission on December 12, 1984 ) II
1
Note : First reading of this ordinance was approved by the City
Council on January 7 , 1985 . Approval of final reading
is recommended.
n //- jam,(x--7 !6
7
1
' MINUTES
CHANHASSEN PLANNING COMMISSION
JANUARY 23 , 1985
1
Chairman Ryan called the meeting to order at 7:33 p.m.
' Members Present
1 James Thompson, Thomas Merz, Ladd Conrad, Bill Ryan, and Mike
Thompson.
Members Absent
Susan Albee and Howard Noziska
' PUBLIC HEARING
Conditional Use Permit Request #85-1 for a wholesale nursery on
---- property zoned R-la, Agricultural Residence District and located
at 9150 Great Plains Blvd. , Mark VanHoff, applicant.
Public Present
Mark VanHoff 10550 Nicollet Ave. S. , Mpls.
' Dacy explained that the applicant is intending to operate a
wholesale nursery at 9150 Great Plains Boulevard. She stated
that the applicant intends on using the existing driveway and
' structures as indicated on the site plan. She noted that the
proposed location of the facilities will be screened by vegeta-
tion on the south and screened to the north by the slope of the
land. She also stated that the applicant intends to locate vege-
tation along Great Plains Boulevard and along the southern por-
tion of the parcel. She stated that the proposed use would not
have an adverse impact on surrounding properties and the existing
' access from Great Plains Boulevard appears to be adequate for
vehicles that will `be entering and leaving the site. She also
indicated that the applicant' s activity will be limited to
licensed nurserymen and not the general public.
Mark VanHoff noted that when the Zoning Ordinance Amendment for
wholesale nurseries as conditional uses , the Planning Commission
' was concerned about retail sales from the premises. He stated
that the only clientele would be licensed nurserymen such as
retailers and local landscapers. He also noted that the
' Commission was concerned about the traffic flow into the nursery.
He stated that the operation would have a possible total of 75 to
100 accounts and would generate approximately 7 to 10 customers
daily. He also wanted the Commission to know that they only har-
vest in the spring and fall and the storage would be for these
crops (burlapped) until sold. He also noted that the greenhouse
would be used for a propagation facility to take clippings, root
them and then plant outside.
11
Planning Commission Minutes
January 23, 1985
Page 2
M. Thompson moved, seconded by J. Thompson to close the public
hearing. All voted in favor and the motion carried.
After the explanation from the applicant, the Commissioners did
not feel that this activity would be detrimental to the
surrounding properties.
J. Thompson moved, seconded by M. Thompson, that the Planning ,
Commission recommends the City Council approve Conditional Use
Permit Request #85-1 to locate a wholesale nursery at 9150 Great
Plains Boulevard as depicted on the Site Plan labeled as
Attachment #3 . All voted in favor and the motion carried.
PUBLIC HEARING
Final Plan Amendment Request #79-2 for Near Mountain Planned Unit
Development on property zoned P-1 , Planned Residential
Development and located along Chanhassen Road, Near Mountain '
Partnership, applicant.
Public Present '
Peter Pflaum Lundgren Brothers Construction
Rick Sathre
Mike Pflaum
Olsen stated that the applicant is proposing to increase the Type
B area by 19 lots in exchange for 13 Type A lots and 6 condomium
units. She also noted that, in addition, the street alignment
and shape of the ponding areas have cuanged slightly but will not
impact the design and would allow for a better lot layout. She
explained that development is taking place in the Type C area
where the front and side yard setbacks are 25 ' and 5 ' /10 ' . The
developers intend to continue these setbacks into the Type B
area. She stated that staff believes the reduced setbacks can be ,
continued into the Type B area without adversely impacting the
surrounding property. She also noted that staff is recommending
that a berm be continued along the Type B area and also would
like the developers to further discuss with staff their phasing
plan for Near Mountain.
Peter Pflaum explained that as they develop the project, they are ,
getting more of an idea of how they want the different type of
homes to be phased together smoothly. He stated that they have
decided to change the line between the Type B and Type A phases
because of a natural tree line or wooded area and by doing that
are dropping 13 larger lots (Type A) and 6 condominium units and
adding 19 Type B lots . I
Conrad moved, seconded by Merz to close the public hearing. All
voted in favor and the motion carried.
11
I :/ i`
0.10NT Or TN
�P : Te MI
I
:, n United States Department of the Interior
efli \I 41.0""1 FISH AND WILDLIFE SERVICE c� m
,_\'bµ',"''' ' ST. PAUL FIELD OFFICE (ES) ■
50 Park Square Court
IN REPLY REFER TO: SPFO 400 Sibley Street
ISt. Paul, Minnesota 55101
July 11, 1988
I
IMs. JoAnn Olsen
Assistant City Planner
City of Chanhassen
I
P.O. Box 147
Chanhassen, Minnesota 55317
IDear Ms. Olsen:
In response to your June 30 , 1988 request, Mr. Paul Burke of
I this office conducted our on-site review of four wetland
sites within the City of Chanhassen.
I am enclosing herewith a copy of his report for your
Iinformation.
If you have any questions or require additional information,
Iplease contact us at your convenience.
Sincerely,
I
Robert F. Welford
7 Field Supervisor
Attachment
t-
zJ
I
I
I ..- -
I
CITY ;,F CHANFAS N
•
/;////t
Subject: Report of Field Investigation of four wetland
sites within the City of Chanhassen, Carver
County, Minnesota
Field Investigator: Paul Burke
Date: June 30, 1988 ,
Following my on-site review, I have determined that wetlands
are present at each of the four subject sites, and each of
the first three sites have been or will be impacted by site
development.
Site No. 1 ,
This is a lake shore wetland behind the Colonial Grove
Tennis and Beach Club, 80 Cheyenne Terrace, and 100 Cheyenne
Terrace. The affected area appears to have been recently
filled to an elevation of approximately 1 foot (vertical)
above previous grade, sodded, and stabilized at the water' s '
edge by a cobble wall. By examining the condition of the
shore line vegetation on each of the bounding property lots,
I found evidence of hydrological conditions that would
confirm my determination that the adjacent properties are
palustrine emergent and palustrine scrub-shrub wetlands
(Circular 39 Type characteristics of 2 , 3 , and 6 ) . The
evidence provided the positive identification of each of
three parameters needed for wetland delineation. The soils
were a peaty-silt (histosols) , and all histosols are a
hydric soil type. The vegetation canopy was dominated by
red-ozier dogwood (Cornus stolonifera) , and ground cover
consisted primarily of reed canary grass (Phalaris
arundinacea) , broad-leaved cattail (Typha latifolia) , and
purple loosestrife (Lythrum salicaria) . Each of the above
species are classified as FACW+, or wetter designation,
.hydrophytes. The water level at the time of the site visit
F_ was less than one vertical foot below the median elevation
of the affected wetland. In consideration of recent drought
conditions, it is reasonable to assume the hydrology of the
site ranges from saturated to permanently flooded.
Barring any information to the contrary, we can assume that
prior to the recent shoreline enhancement project at this
site, most, if not all, of the recently sodded area was a
wetland with characteristics and values similar to those
found on the adjacent properties. The majority of these
wetland values could be recovered if the fill were removed,
and the area allowed to revegetate.
Ir
-4"°4 Site No. 2
2
I This is a wet-meadow type complex adjacent to the Northwest
Nursery Co. site in Chanhassen. With the use of a plan view
of the earthen work proposed by the nursery company, I was
I able to identify, in approximate terms, the areas intended
for the placement of fill.
Starting at the north side of the nursery, near Highway 101,
I I found the proposed re-contouring will result in the loss
of between 1/2 and 3/4 of an acre of palustrine emergent,
saturated wetland (Circular 39 characteristic of Type 2)
I with reed canary grass dominating the site. With only minor
modifications, the nursery' s plans can be completed
resulting in only minimum loss of wetlands at the site.
IIOn the west end of the nursery, I found a similar wetland
characteristic, with evidence that the margins of the
wetlands have already been filled. I would estimate that
I approximately 1/2 of an acre of wetland has already been
covered by fill dirt. The plan view was contoured with
solid lines marking the existing land contours, and dashed
I lines showing the proposed contours at the completion of
their project. The plan view would indicate that a
substantial portion of the tree and shrub lot at the western
most end of the nursery is situated on fill.
IIt is my determination that the wetlands adjacent to the
nursery ( southwest of the barns) have been filled and that
I no additional fill can be placed at the lower end of the
site without placing fill in a wetland. If the nursery
company intends to proceed with their site plans, they
I should be advised to first contact the U.S. Army Corps of
Engineers, St. Paul District, for compliance with Section
404 of the Clean Water Act. Given the evidence of recently
deposited fill, I would recommend the land owner to contact
Ithe Corps of Engineers immediately, regardless.
Site 3
IThis is wet-meadow just off of Lake Lucy Lane, north of
Chanhassen and near the intersection with Lake Lucy Road.
The site, approximately two acres in size, is a palustrine
I emergent, saturated, wetland ( Circular 39 characteristic
Type 2 ) dominated by reed canary grass, and cattails. The
entire site is a Type 2 wetland, with the exception of minor
I undulations near the upper periphery. The area was mowed
some time just prior to our site visit, but the hydrophytic
vegetation was left as thatch and easily identifiable.
I Given the extent of the wetland boundary, no fill could be
placed adjacent to the roadway, regardless of configuration,
without fill being placed in wetlands. Any site plans that
I
I
CERTIFICATION
STATE OF MINNESOTA )
1
ss
COUNTY OF CARVER )
I , Karen J. Engelhardt, duly appointed, qualified and acting
Deputy Clerk for the City of Chanhassen, Minnesota , do hereby 1
certify that I have compared the foregoing copy of Conditional
Use Permit for Mark VanHoef & Jim Wilson for a wholesale nursery 1
i
with the original copy, now on file in my office, and have found
the same to be a true and correct copy thereof and as approved by
pp y the
City Council. 1
Witness my hand and official seal at Chanhassen, Minnesota,
this 11th day of February 19 85
.. 1
Karen J. Fing 1 ardt, Deputy Clerk 1
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 CONDITIONAL USE PERMIT
1 . Permit. Subject to the terms and conditions set
forth herein, the City of Chanhassen hereby grants a conditional
1 use permit for: Mark VanHoef and Jim Wilson for a wholesale
nursery.
1
2. Property. The permit is for the following described
1 property in the City of Chanhassen, Carver County, Minnesota:
See attached Exhibit "A" .
1
3 . Conditions. The permit is issued subject to the
1 following conditions :
1 1 . The site plan stamped "Received January 21 , 1985" as on file
in the City Planner ' s Office and indexed as Planning Case
#85-1.
1
1 � ,
4. Termination of Permit. The City may revoke the
1 permit following a public hearing under any of the following
1 circumstances : material change of condition of the neighborhood
where the use is located; violation of the terms of the permit.
1
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CEANEASSEN
4 `.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
December 10 , 1986
' CERTIFIED MAIL
Mr. Mark VanHoef and
Mr. James Wilson
9150 Great Plains Blvd.
Chaska, MN 55318
Dear Messrs . VanHoef and Wilson:
' The Conditional Use Permit for your wholesale nursery was
approved on the condition that the site would be in conformance
with the submitted site plan. As of December 6 , 1986, the site
did not have the planting screen required in the southeast corner
(Attachment #1) .
' The City has the power to revoke a conditional use permit if the
conditions have not been met (Attachment #2) . You are in viola-
tion of the conditions of your conditional use permit. Within
ten days of the receipt of this letter, you are requested to sub-
mit a letter of explanation as to why the site is not in confor-
mance with the site plan and when the planting screen is to be
installed. Unless an agreement is reached as to when compliance
' can be achieved, the City will begin revocation proceedings .
Failure to respond to this letter will also initiate revocation
proceedings .
' Please call me should you have any questions .
Sincerely,
Jo Ann Olsen
Assistant City Planner
JO:k
cc: Tim Erhart, Planning Commission Member
Pat Swenson, City Council Member
1
NORTH WEST NURSERY WHOLESALE
9150 GREAT PLAINS BLVD
CHASKA, MN 5318
612/445-4088 '
December 16, 1986
Ms. Jo Ann Olsen
City of Chanhassen
P 0 Box 147
Chanhassen, MN 55317
Dear Ms. Olsen; '
In response to your letter of December 10, I would like to make these
points: ,
1. On April 27 a temporary berm was established with 7' Colorado
Blue Spruce. Screening our holding area from Hwy 101. This
was maintained until October.
2. Beginning in October the adjoining property was developed,
requiring some road work and elevation grading. During
this time our temporary Spruce screen was moved and preparation
was made for a permanent berm and screen to be built screening
both property and highway view. '
3. November brought early freezes which caused all landscape
and planting to as early close. Holding off completion of
the permanent berm until Spring 1987.
- Ms. Olsen, I hope this explanation will satisfy your concerns
regarding our maintaining a proper screening plan for our operation. The 1
delay in our compliance has been a result of some developements beyond
our control, plus our desire to do the job properly with consistant
screening on both property borders. I would also ask the committee to
take into account the many property improvements we have attempted to
make this past year.
HOUSE AND BARN OUTSIDE REPAIRS, '
HOUSE AND BUILDING PAINTED,
NEW WINDOWS,
LAWN AND GROUNDS UPKEEP.
Please advise us if there continues to be a problem.
Sincerely,
VA/1(:-
MARK VAN HOEF
MVH/j fw i, ! 986
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cHANHAssEN
I I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
'
-
(612) 937-1900
I
December 18, 1986
' Mr. Mark Van Hoef --
9150 Great Plains Blvd
Chaska, MN 55318
' Dear Mr. Van Hoef:
Thank you for your letter regarding the improvements to the North
' West Nursery Wholesale site. As per our phone conversation, the
City will allow an extension to June 1, 1987 for the site impro-
vements to be completed. Should you find that you cannot meet
' the June 1 , 1987 deadline you should contact either myself or
Barb Dacy.
' Please call me if you have any questions .
Sincerely,
Jo Ann Olsen
Assistant City Planner
JO:n
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CITY OF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I
(612) 937-1900
1
December 11, 1987
Mr. Mark VanHoff
9150 Great Plains Boulevard
Chaska, MN 55318
Dear Mr. VanHoff: I
I have been informed by the Corps of Engineers that you have con-
tacted them in reference to the filling of a portion of the
wetland on your property. Please be advised that any alteration
to the Class A wetland would also require a wetland alteration
permit from the City. Prior to any alteration you must contact
the City and initiate the ,wetland alteration permit process.
Should you have any questions, please feel free to call me.
Sincerely,
Jo Ann Olsen
Assistant City Planner
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' __.I . NORTH WEST NURSERY WHOLESALE
*MISERY
9150 GREAT PLAINS BLVD
CHASKA, MN 55318
612/445-4088
JUNE 13, 1988
CITY OF CHANHASSEN
CHANHASSEN MN 55318
ITO WHOM IT MAY CONCERN:
We are planning to- erect a shade house similar to the one
' in the picture. The dimensions are 110' x 85' to be placed as
shown on the plot map. It will be constructed using 4 x 4 posts
set in concrete. The structure will be 10' tall with 2 x 8'
lumber as support joices with snow fencing tacked to them.
The purpose of this is to provide shade for our sun sensitive
plants that we offer for sale here. With this unusually hot
spring, this structure is a necessity for the survivability
' of these plants.
Thank you,
1 74
' Mike Nugent]
Manger
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CITY CAF
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BEIELASSZ
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
1 July 6 , 1988
1 Mr. Mark VanHoff
Northwest Nursery Wholesale
1 9150 Great Plains Boulevard
Chaska, MN 55318
1 Dear Mr. VanHoff:
This letter is to confirm our conversation regarding your pro-
, posed shade house to provide shade for sun sensitive plants on
your wholesale _nursery site. The activities occurring on the
Northwest Nursery site including the shade house are considered
an expansion to what was approved with the original conditional
1 use permit for your wholesale nursery. For these activities to
be permitted, you must receive another conditional use permit
from the City providing approval for expansion of your business .
1 Due to the hot and dry weather we have been experiencing this
year, staff stated that we would allow you to construct imme-
diately the shade house to provide protection to the plants
1 rather than having to wait until you go through the conditional
use permit process . In our conversation it was stated that you
would have to meet the setbacks required by the ordinance which
1 is 100 feet from a public right-of-way for all storage and yard
areas and that the outdoor storage areas must be completely
screened by 100% opaque fencing or berming. Therefore , when you
construct the shade house, these conditions must be met.
' It was our understanding that by August of 1988 Y ou would have
made your application for the conditional use permit for the
1 expansion of your business, and also the wetland alteration permit
application for your proposal to fill in a portion of the wetland
for site expansion. Staff visited the site with a Fish and
1 Wildlife representative on Thursday, June 30 , 1988 . It was con-
firmed that there has been partial filling of the wetlands at
this time and that no further filling of the wetlands would be
permitted until the wetland alteration permit has been applied
1 for and if it is approved by the City. Any filling of wetlands
that has occurred prior to receiving a wetland alteration permit
is not permitted by the city and must stop immediately.
1
Mr. Mark VanHoff
July 6
2 p, 1988 I Page
In summary, you are permitted to construct the shade house imme- I
diately with the conditions that it be 100 feet from Highway 101
and that the outside storage be screened 100% by either a berm or
opaque fencing. The construction of the shade house is con-
II
ditioned upon receiving a conditional use permit for the expan-
sion of your business and that any conditions of that conditional
use permit will have to be followed. You are also required to I
apply for the conditional use permit for the expansion of your
wholesale nursery and a wetland alteration permit by August 29 ,
1988. Should you have any questions, please feel free call me.
ISincerely,
�/ c , I
Jo Ann Olsen II Assistant City Planner
JO:ktm
II
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NORTH WEST NURSERY WHOLESALE
ME 9150 GREAT PLAINS BLVD
CHASKA, MN 55318
' 612/4.15-1088
AUGUST 15, 1988
MS. JO ANN OLSEN
' ASST. CITY PLANNER
CITY OF CHANHASSEN
P.O. BOX 147
CHANHASSEN MN 55317
' Dear Ms. Olsen:
' As per your request from our meeting of June 24, I am submitting
the following proposed site plan for North West Nursery Wholesale.
This site plan has outlined all future site improvement necessary
' for our continued wholesale nursery operation. Listed below you will
note each particular site improvement as discussed.
1. Exhibit A - "Future Tree Growin. Field"
' This particular area has been used as past crop product
growing area. This can be supported by the aerial picture
used by Barb Dacy in the planning case: 85-1 conditional
use permit. Also, to support this, Mr. Larry Klein will
testify to the fact that this area has continually been
used as crop land. Our intentions in purchasing the site
was to plant this area after all existing planning area
' was maximized.
2. Exhibit B - "Proposed Shrub Growing Field"
' This area will require special considerations due to it's
partial wetlands involvement. Mr. Tom Landwehr of the DNR,
and Mr. Jim Leach of the U.S. Fish and Wildlife Service,
' were supportive and interested in working with this
expansion if a proper wildlife open water pond was
also provided in the expansion project.
' 3. Exhibit C - "Proposed Pond"
A 2.5 acre open water pond would be created providing
nesting habitat for water fowl. This would border the
' wetland area.
4. Exhibit D - "Proposed Tree Growing Field"
' 5. Exhibit E - "Future Tree Growing Field"
Both areas would be used as tree and flowering shrub field
growing area.
6. Exhibit F - "Future Expanded Storage"
This would be an approximate 3,000-4,000 square foot pole
building to replace the existing old storage building.
11 rl k
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Page Z ® ® 1 '
7. Exhibit G - "Proposed Secondary Entrance"
Upon proper authorization from the DOT, we would like
to develop a second entrance to the site. This would
permit improved traffic flow to and from our site. '
Jo Ann, the enclosed master site plan should provide you and
the planning committee with our complete expansion considerations
for the future. Understand that this plan will not necessarily
be for the year 1989, but rather over a three year period. I am
hopeful that this information will provide your department with
an understanding of the needed expansion on our site. Please
contact me with what further steps are required before we can
take these issues to the city council.
Sincerely, '
Mark Van Hoef
MVH/dr
Enclosure
1
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1 . -
CITY OF
...,.
Claili , ,' ASSEN
1
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. .. ,
, " 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
''
I .� (612) 937-1900
IAugust 18, 1988
I Mr. Mark VanHoff
North West Nursery Wholesale
9150 Great Plains Boulevard
IIChanhassen, MN 55317
Dear Mark:
IOn August 15 , 1988, I received your proposed site plan for the
expansion of the North West Nursery and the letter explaining the
future expansion of the site. For the city to proceed with the
I conditional use permit and wetland alteration permit process , you
will have to submit 26 copies of the site plan, the application
fee ( $150 for conditional use permit and $150 for wetland altera-
' tion permit) and a property owners list within 500 feet of your
site. The site plan will have to contain the topography of the
site with proposed grading and drainage. For the wetland altera-
tion permit, we will need details on the proposed pond such as
' grading and elevations of the pond and the size of area of the
wetland that is proposed to be filled.
If the shade structure, currently under construction, is not
moved to meet the 100 foot setback from your property line a
variance to the conditional use permit requirement will have to
I be received. The next application deadline is August 29 , 1988 .
For you to meet the requirements of being permitted to construct
the shade structure, you must make formal application by August
29 , 1988 .
IShould you have any questions , please feel free to call me.
ISincerely,
I Jo Ann Olsen
Assistant City Planner
I JO:v
C . II
NOTICE OF PUBLIC HEARING
PROPOSED CONDITIONAL USE PERMIT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning
Commission will hold a Public Hearing on Wednesday, September 21,
1988 , at 7: 30 p.m. in the Council Chambers in Chanhassen City
Hall, 690 Coulter Drive. The purpose of this hearing is to con-
sider the application of Northwest Nursery to receive a con-
ditional use permit for expansion of a contractor' s yard on
property zoned A-2, Agricultural Estate and located on the west
side of Hwy. 101 just south of County Road 18 .
A plan showing the location of the proposal is available for
public review at City Hall during regular business hours.
I
1
NOTICE OF PUBLIC HEARING
PROPOSED WETLAND ALTERATION PERMIT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning
Commission will hold a Public Hearing on Wednesday, September 21 ,
1988 , at 7 : 30 p.m. in the Council Chambers in Chanhassen City
Hall, 690 Coulter Drive. The purpose of this hearing is to con-
sider the application of Northwest Nursery to receive a wetland
alteration permit to alter a Class A and B wetland on property
zoned A-2, Agricultural Estate and located on the west side of
Hwy. 101 just south of County Road 18 .
A plan showing the location of the proposal is available for ,
. public review 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.
1
Jo Ann Olsen, Asst. City Planner
Phone: 937-1900
( Publish in the South Shore Weekly News on September 8 , 1988)
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•
' Planning Commission Meeting
January 4 , 1989 - Page 23
PUBLIC HEARING: NORTH WEST NURSERY LOCATED ON THE WEST SIDE OF HWY 101,
JUST SOUTH OF COUNTY ROAD 18, MARK VAN HOEF, APPLICANT:
I - RA. CONDITIONAL USE PERMIT FOR EXPANSION OF A CONTRACTOR' S YARD ON
PROPERTY ZONED A-2, AGRICULTURAL ESTATE.
B. WETLAND ALTERATION PERMIT TO ALTER A CLASS A AND B WETLAND.
Public Present:
tName Address
Mark Van Hoef Applicant
Rick Dorsey
Kevin and Valette Finger 9151 Great Plains Blvd.
Mark Koegler presented the staff report on this item.
Chairman Conrad called the public hearing to order .
Mark Van Hoef: I 'd just like to add one in
J thing to the report and that is
in regard to the shade structure. The chronological timing which he ' s got
in his report is all accurate and fine in correspondence to all the
written correspondence that went on between the nursery and staff . What
wasn ' t in there was the fact that in June, the first week of June when we
realized there was obviously some damaging weather that would be
occurring , we at that time contacted verbally Jo Ann Olsen trying to find
out what procedure we had to pursue to get some type of shade structure up
to protect some of our shade tolerant plant material. At that time, and
this is again in early June , we were told that we had to have a blueprint .
We had to have photos. We had to go to the Building Inspector and that
process , when I came up to the City and started to go through that , I
' impressed upon her the timeframe that we ' re dealing with. We at that time
sat down and discussed it. She thought there would be no problem. I
still should submit the blueprints and a formal application but in
discussing that with Jo Ann , her comment to me was that we had to adhere
to a 50 foot setback. Now it wasn ' t for 2 weeks that she followed up with
a written letter than said it' s 100 foot and unfortunately, what ' s not in
this report is that construction was before the first of July so when that
' letter came to our nursery, the structure was already up. The only thing
that was not completed was the overall lathe and at that time when the
inspecter came out he put a work stopage. Now I share that with you just
' so it doesn' t look like we were told that we had to have 100 foot setback
and we just went out and randomly put it up wherever we wanted . If you' ll
note , the report states that we are 68 feet back and so that would have
adhered to the verbal 50 foot setback that we were told that we could
pursue. The only other thing that I would state and as Mark' s got in his
report, you talk about any work that ' s going to be done on TH 101 and the
fact that that 100 foot setback would provide an easier condition to have
people come in and use a little more of the land . If you ' ll note on the
plan, the house that we now are using as an office is closer to the road
than the shade structure . So if we have to move the shade structure,
r
( \r 1
Planning Commission Meeting
January 4 , 1989 - Page 24
that ' s fine but keep in mind that the house is actually closer to the road '
than the shade structure is presently as it stands . I think those are the
only comments I wanted to make. '
Rick Dorsey: I ' ve got property on Lyman Blvd . . I just had a question as
far as expansion of the growing yard. How big and what kind of traffic
problems would be involved with trucks going in and out .
Mark Van Hoef: The only expansion that we' re really going to do as noted
on the site plan , is less than a 2 acre canned expansion. The majority of
the listed areas that we were requested by staff, Jo Ann Olsen, was that
there was a lot of area on the original site plan that we submitted in
1985 that we didn ' t feel that we were going to need for several years.
Well we planted up to 15 acres . We' re out of room in terms of any
plantings so to do anymore expanding, I thought all we had to do was get
the plow out and till up the land and start planting . She alerted me to
the fact that anytime I went beyond what was noted on the original site
plan , I was no longer in compliance with our original site plan and
therefore no longer in compliance with the original conditional use
permit. So what you see in front of you is the complete expansion that we II
foresee us ever using. That was brought up by Mark that we also put
in a proposed secondary road access because in the spring when we are
shipping and receiving plant material , it ' s rather congested because we
are using semi-trailers to bring plant material in and ship out plant
material . That secondary road would definitely not be something we want
to see happen right away but again , we were encouraged to put all our
future considerations on the map. So in reference to the question at
hand , the only physical expansion in terms of actual container area would
be less than 2 acres . All the rest of the expansion would be in field
operation.
Conrad : Traffic?
Mark Van Hoef : Taf.ic , if you go back to your 1985 notes on our receiving II
our conditional use permit, there was some discussion as to traffic. At
that time we were talking about the possibility of doing any retail sales
on the site. The feeling of the Planning Committee at that time was that II
due to additional traffic pressure that any retail sales would provide,
they didn' t want to see us doing any retail . So at that time we said we
won' t pursue any retail and the only traffic that we have is heavy traffic
in the early spring because that' s when all the harvesting and the
receiving of the product is done . You have to understand the nursery
industry. is an industry such that we harvest only in the spring. So we' re
digging our tree . We' re shipping our tree . We' re dealing our trees in a
3 to 4 week period. From there on out , there is no semi traffic but
rather contractor traffic that comes in and picks up material . So in
reference to the traffic issue, I guess the majority of the traffic that
we' re looking at is early April to end of April to early May and then
after that it' s all customer traffic , which according to our expressed , use
permit , we have the right to bring our customers in and they' re picking up
their materials .
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Planning Commission Meeting
' January 4 , 1989 - Page 25
Kevin Finger : My name is Kevin Finger . I live at 9151 Great Plains
Blvd . . I think I live across the street across from that nursery but from
' what he just said , I don ' t know if I do or not . I 'm sorry, the reason I 'm
coming up here is I came to the City Hall Thursday and Friday and this was
not available so this is the first time I ' ve been able to see it . I guess
the thing, he keeps talking about harvesting trees and the only thing we
ever see from across the road is semi truck loads full of trees coming in ,
dumping them off starting at about 7 : 00 in the morning and the Bobcats
running all day long moving trees around until about 9 : 00-9 : 30 at night .
' Chanhassen is supposed to be a nice, quiet area. It' s not there. I look
back and what I saw when they received their conditional use permit , was
that they were going to be mostly a tree growing nursery. They have 15
' acres of trees . That ' s not a tree growing nursery. They broker trees .
They move trees in. They move them out. They' re all balled when they
come in . They' re all balled when they go out . Granted I know you do some
but I know a lot of people who work for you and that' s not the bulk of
your business . I have a real problem about giving them more yard space.
Right now they dump water onto our property on a steady rate. I 've talked
to them for the last 3 years to try to have them do something . Supposedly
they changed their watering system. I still get the same runoff that goes
underneath the culvert under TH 101. I ' ve talked to City Engineering .
Oh, they' ll work on it. They haven ' t done a thing. Help. I need
somebody to help me, a little citizen who ' s lost six 4 to 6 foot evergreen
trees . Two 40 foot stretches of good raspberries . I know it ' s no big
deal but it is to me and there ' s an area probably 200 square feet that I
can' t mow in front of the house because it ' s too wet and I ' ve got about 12
to 14 inches of sand . Another thing , they' ve excavated the road and with
all the trucks going over it, it ' s really nice. Every time there ' s a rain
storm, we get about another 3 or 4 inches of bark and sand on our
' property. So before they' re given another opportunity to expand their
conditional use permit , I think the two things should be looked at that
was given on their first permit and that is , number one, the number one
thing that was mentioned by the Planning Commission was , would they hurt
any of their neighboring properties . And it was absolutely, they would
not. Well , I ' ve talked to them for 2, it ' s actually 2 1/2 years because 3
years would be right now. About 2 1/2 years and they haven ' t done
anything . They haven' t talked to me and now they want to expand their
yard. Trust us all , we may never do it . We ' re going to give them 2 1/2
more acres of pots . Where do you think they get them? Do you think they
grow them? No , they bring them in by trucks every spring starting about
May 1st . So I am opposed to it . I hope you got my letter . I dropped it
off. I guess you ' re to represent us, the small people, that don ' t have
the big nursery that comes in with their big plan and all that stuff . The
' small people can ' t get it until you come to the Planning Commission
meeting . I don ' t understand why it wasn ' t available here but that
irritated me quite a bit. I wasn ' t even aware of the first two things .
I came in and asked what it was about and I was told that it was about the
shade. I wasn ' t told anything about the wetlands or about the increased
yard so I 'm very upset and I think something should be done to help me,.
Thank you.
Mark Van Hoef : Can I respond?
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Planning Commission Meeting
January 4 , 1989 - Page 26
Conrad: Sure . ,
Mark Van Hoef : I guess what he' s saying , he' s got three problems . The
major one, and I read his letter, is with regards to the runoff. He' s
right, he has approached the nursery. However , what he hasn ' t told you is
that the culvert which he wants us to divert is not our property. And
Minnesota Department of Transportation and the City Engineers come out and
inspected the property and we were in full agreement that they wanted to
divert any of the water that runs off of our property, they are more than •
welcome to do that. All they have to do is dig a culvert under our
driveway, let it run down the roadway and fall into the ditch but that ' s III
not even our property. I really take exception to the fact that he is
upset with our future expansion on an issue that we have no control over .
If he wants us not to water our plant material , than we really can ' t stay
in business . The other thing I take exception to is the fact that he ' s
eluding to, we keep talking about a tree growing operation. When we
approached the City Council , that ' s what we said the majority of our
business was going to be. However, if you look at our application and the
conditional use permit we received , it was as a commercial wholesale
nursery and we are operating as a commercial wholesale nursery. We are
operating by the explanation and definition that you have in your city
ordinance and if someone takes exception to that, than I guess you ' re
going to have to change the verbage in the city charter because we are
operating under those guidelines. I guess the third issue is the problem
with the container area and it ' s really not consistent with the fact that
he doesn ' t like our runoff because if you ' ll note on the site plan, any
expansion is in the rear of the property so any of the runoff on that
expanded area would not reflect his property at all anyway.
Conrad : Okay, thanks . '
Kevin Finger : I ' ve got one rebuttal . The culver that goes under and he
talks about it. Keep in mind that he' s . . .and that was all grass on that
hill so naturally the . . .would handle that without any problem. That ' s not I
the case. There' s about 8 garden hoses going on that hill into the
culvert . You guys , I can ' t get any help from the City Hall .
Conrad: Other comments? '
Emmings moved , Batzli seconded to close the public hearing . All voted in
favor and the motion carried. The public hearing was closed.
Conrad : Just a quick comment . Mark, there ' s no wetland alteration permit
in our packet. Is there a reason for that? Is there a wetland
alteration? I went through mine again .
Batzli : The form itself? ,
Conrad : Yes . And typically on that form we ask for justification for the
applicant why. 1
Emmings : Oh you mean the application permit?
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' Planning Commission Meeting
January 4 , 1989 - Page 27
I
Conrad : Yes . The permit itself says what is it going to do . What ' s the
harm. What' s the benefit. What ' s the rationale and that ' s not here so
it ' s tough for me to react . Normally we also get staff to react to that
permit. Just for those of you who are here, we do try to preserve
wetlands because they' re a vanishing part of our country and what we ask
the applicant to do when they want to build or build close, we ask them,
is this going to improve the situation? Typically they can make it so it
improves the wetland. We have structured that in Chanhassen so we don' t
necessarily get rid of the wetland but we allow developers to play with
them sometimes and actually improve the drainage and improve the habitat
for wildlife . In this I don ' t have very good feedback on anything , to
' tell you the truth. Mr . Burke' s letter is real confusing and doesn' t
tell . It ' s in different terms than what I 'm used to . I just have a
personal problem with some of the data that ' s here in terms of the wetland
alteration permit. It ' s not here . It' s not in our packet and we do need
that. That was just a quick aside. Tim, we ' ll start down at your end .
Erhart : I assume we want to talk about all three things?
Conrad: Everything , yes .
Erhart : Regarding the expansion of the conditional use permit . What ' s
the distance between the new driveway and the proposed driveway?
Brown : Approximately 350 feet .
Erhart : And what' s the ordinance require on an arterial? Isn ' t it 1, 200
feet?
Brown : Right . If my memory serves me correctly, we need a quarter of a
mile. Obviously TH 101 falls under the jurisdiction of MnDot and we would
basically look for their recommendation .
Erhart: Yes , except our ordinance has , a flat arterial , I think it ' s
1, 200 feet. I think that ' s an issue . The argument , I might add , in
driving by there in the spring there is a lot of trucks going in and
occasionally some have backed in . If that can be at all avoided by
adding a second driveway, there ' s a positive aspect to that although I
think on this plan , I think there appears to be enough room for the
' turning around of all semis isn ' t there Mark? In your current plan here?
So the backing in of trucks won ' t be required in the future? Okay.
Regarding, let me jump ahead to the wetland . I 'm a little confused about
' exactly what alterations we ' re making here with the wetland . Are we
moving the lines that were drawn on here by the Fish and Wildlife fella
Burke? These are the lines as they exist currently? They' re not the line
that differentiates a Class A wetland and Class B wetland? The edges are
not changing? Correct?
Mark Koegler : That is correct . They are , if you look at the area of the
' Class B wetland, in the proposed shurb growing field . It says proposed
shurb growing will be right on above there and there ' s a little notch
there. In the middle of that it says . . . Do you see where I 'm at?
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Planning Commission Meeting
January 4 , 1989 - Page 28
1
Erhart : Okay.
Mark Koegler : That area , the coordinates come back and said , that area
alone the applicant could deposit dredged material from the pond as long
as it was level . That ' s the only area outside of the excavation of the
pond that would be modified as a part of the wetland alteration. The
Corps letter also references , and I haven ' t seen a copy but they did send
along some typical section type data to enhance the wildlife value of the
ponds that they' re proposed to create as a part of their berm. •
Erhart: That ' s the 10: 21 slope?
Mark Koegler: Yes . '
Erhart : Going back to that again. Would you explain to us again that
filling , is that filling in an existing Class B wetland?
111
Mark Koegler : The area that we' re referencing is this portion right here .
Here is the exhibit that came back from the Corps which they have
indicated the hatched area A, which is referenced . They have a copy of
the letter you have, . 3 acre site that could be used to place fill
material from the pond . They' ve come back and found that to oc
acceptable. The rest of the wetland , the Type A is totally undisturbed .
The rest of the Type B is only disturbed insofar as the two ponds and the
connecting ditch are constructed.
Conrad : Doesn ' t our ordinance say that ' s not acceptable though?
Depositing debris within 200 feet of a wetland .
Mark Koegler : The ordinance does reference upland areas which was part of
my original recommendation. And you can stick with that or you can agree
with the Corps . Presumably the material that comes out of here can as
easily be placed somewhere else on the site if that ' s your desire. I
don ' t think that would be a big hurdle to anybody. But the Corps has come
back and said, for the purposes of a nationwide permit, that ' s an
acceptable place to deposit that material . ,
Erhart: The reason I ask, I think our ordinance on wetlands is stronger
than the Corps generally. I think in following our ordinance , I think the
material would have to be deposited somewhere on existing highland areas
just to follow in line with what we apply to other people in our following
ordinance. The drainage ditch, there' s a note here that says drainage
ditch that goes between the easterly pond and the westerly pond . Does
that mean that that ditch, the bottom of that ditch is lower than a Class
A wetland?
Mark Koegler : I would assume so , yes . There ' s no contour information
shown there but the ditch obviously connotates a lower elevation.
Erhart : Is that a drainage ditch just between the two ponds or does that I
go along someplace else?
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Planning Commission Meeting
January 4 , 1989 - Page 29
Mark Koegler : It only goes between the two ponds as proposed . Presumably
the applicant ' s intent , and I think he can speak to that , is to pick up on
' other things, some of the drainage that ' s coming off these irrigated
fields and channel that to the ponds .
Erhart : Is that right Mark? Essentially the drainage ditch is to drain
the future tree growing field area into one or those two ponds?
Mark Van Hoef : That whole field that you ' re looking at , at one time was
' farm. It was an alfalfa, in fact it ' s in your packet. The aerial photo.
Barb Dacy, when she first presented to the committee , showed that as being
farmed at one time. The only thing that we' re talking about doing is
' stumps that were left on the outside perimeter of that field are still
there. In removing them we ' re going to create some pockets anyway and we
wanted to connect the two ponds with the ditch along that border .
Erhart: I just want to make sure that that ditch is not intended or will
inadvertently act to lower the water level in that Class A wetland .
' Mark Koegler : The indication from the Corps was that that would not occur
and they specifically address that . . .
Erhart: I go back to my feeling of the growing of trees in the area .
This is really an agricultural use and I have no problem with growing the
trees . I do it on my farm so I don ' t have any problem with that.
Currently there is no open water existing on this whole wetland is there
' except for that half . . . so what we' re creating here is open water where no
open water exists on several , maybe 30 or 40 acres of Class A marsh . Is
that a correct summarization of what we ' re doing?
Mark Koegler : My knowledge of open water is restricted to one visit. . .
Erhart: And that ' s pretty much correct .
' Mark Koegler : There ' s no open water on the entire Class A or Class B
wetland in that whole area.
' Erhart : I personally worked with the DNR. I believe in an area as large
as this where essentially it' s grown over cattails and so forth, that
' opening up some areas for duck hatching is an improvement to the wetlands .
I just think we should all concur that we don ' t want to see any fill of
the deposits in the existing wetland . I would ask that we be assured that
the deposits were put on the highland someplace so I would favorably
respond to the creation of the ponds and so forth . One last , regarding
the variance . I can see perhaps where there may have been some confusion
about the 50 feet or 100 feet of TH 101. I think there' s been confusion
ever since I ' ve lived here and been on the Planning Commission on what in
fact the right-of-way is and what the plan i.s . I think a way to look at
this problem and to get out of it without creating a lot of hardship on
the owner is, I question the interpretation of the structure as permanent .
I would question that . There ' s no walls . There ' s no roof and I suggest
in reviewing that, that point of it, if future right-of-way was needed , it
would be easy enough to move. I guess I 'd be in favor of allowing it to
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Planning Commission Meeting
January 4 , 1989 - Page 3(3
stay but with the requirements that no addition was made to that
particular structure and nothing was done to make it more permanent .
That' s my feeling on that . Lastly, I feel that there ' s not enough
screening on the business, particularly as it grows further north. I
would like to see Mark has put some very nice evergreens , of course he
gets a good deal on them I think, over on the south side of the property
and along the south and along TH 101 on the south end of the property. I 'd 11
like to see that same thing done on now the north end as they are building
some permanent/temporary structures and so forth . Back in the old
conditional use permit it says that the hill screens it. When I drive II south on TH 101, it doesn ' t screen it for me and I don' t think it screens
it for others. It is a business. We require businesses in our industrial
park to screen and the ordinance relating to these two wholesale nurseries
is that we do require 100% opaque screening from the highway I do believe.
And I 'd like to see additional screening between that proposed driveway up
to the house. Not necessarily screen them from the house. With all that,
I ' ll pass it to Steve . 1
Emmi.ngs : Starting with that storage issue , I guess under the conditional
use permit, it says that the applicant has to comply with Section 2257 and II
2257 speaks to screening . It says that all outdoor storage areas , this is
on wholesale nurseries , all outdoor storage areas much be completely
screened by 100% opaque fencing or berming . I don ' t see this addressed in
the staff report as to whether they' re in compliance with that at this
time or not but I see it' s a condition . And as long as they' re aware of
that, that that condition is being included, I guess then after that it ' s
just a matter of enforcement . Mr . Van Hoof said we should look up the
definition of a wholesale nursery so I did. I think he might be surprised
to find out that maybe what he ' s doing isn ' t within the definition . It
says here that a wholesale nursery means an enterprise which conducts the
wholesale of plants grown on site. That ' s it . As well as accessory items
directly related to the care and maintenance of plants . I 'm not sure that
all the trucking in of, you know I was surprised frankly to find that . I
thought that you would be right but that is what the definition is and I 'm
not sure that what you ' re doing there complies with that definition . I 'm
very concerned about the neighbors complaints . I guess I want to know
from Larry why, if he' s looked into this drainage problem and what , if
anything can be done to resolve it so these people don ' t have. Water ' s
bad enough but when you ' re getting sand and a lot of bark and debris with
it, that ' s awful . What' s the problem there?
Brown: I ' ve been waiting to comment on this issue . I ' ve been out and
visited with Mr. Arlen Finger three times that I can recall . All three
times , after visiting with him, seeing the problem, I went back over to
the nursery and gave them notice that hey, you ' ve got a problem over here.
You need to take care of it . All my attempts to do so failed . My next
route was to go to MnDot saying , hey you ' ve got a problem with the culvert
out here . It ' s clogged . Please take care of it . MnDot did come out and
clean the culvert at one time but they have failed to do so since. As,, the
applicant did indicate , MnDot has jurisdiction over this . The other
attack is , how do we resolve the problem? When this application came in ,
unfortunately the consultant was not aware of this problem nor did I place
a review in here on this problem. What our intention was, and I was going
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' Planning Commission ;ieeting
January 4 , 1989 - Page 31
to be adding this condition , or asking that this condition when the
discussion was through , is that as a condition of the conditional use
' permit , that the applicant submit a revised grading and/or erosion control
plan which solves this problem. I think through the creative use of
berming or putting up some other type of vegetation or even using the silt
' fences that we have in place along some of the other developments , we may
be able to rectify this situation .
Emmings: Okay, so you think there is a solution out there?
' Brown: Yes I do .
Emmi.ngs : Have they been cooperative? Have you suggested to them that
' they do certain things to fix this problem?
Brown: We have asked them to take care of the damage that has occurred on
' the other side. Now obviously our powers , we ' re stretching our power
there but we have asked them, yes .
Emmi.ngs : But have you asked them to change his operation in any specific
ways to prevent the problem?
Brown : My last site visit out , I talked with the receptionist that was
out there and informed her that we would expect to see some sort of
immediate action to take care of the erosion problem, yes .
' Emmings : Okay, so there hasn' t been any real specific things? Just a
general?
' Brown : No , since this permit has been a long time in coming and we knew
that it was coming in, we' re going to attack it at that time.
Emmings : I guess for the property owner across the street too , he should
know that the Section 2257 that he has to comply with also restricts hours
of operation from 7 : 00 a .m. to 6 : 00 p.m. . So again , there are provisions
here that maybe will affect the operations of this and somewhat mitigate
' the problem that you ' ve raised but these things don ' t enforce themselves .
You should be aware of what they are and you ' ll have to try to get the
City to enforce the ordinance complying with that . Enforcement is always
a problem. With the added condition that Larry just mentioned , that the
applicant submit a revised grading and erosion control plan to eliminate
the consequences of all this runoff on the neighbor, as long as there' s
compliance with the rest of those conditions , I have no problem with the
' conditional use permit. As far as the wetland alteration permit goes ,
with the extra information that Mark gave them when Tim was making his
comments , I don ' t really have any problem with the wetland alteration and
I think we can do what Tim wanted to do simply by destroying condition 3
to what it was before. Mark just amended it in his comments . It
previously read all excavated material shall be placed in an upland area .
Mark amended that to say, or areas approved by the Corps . I think what we
' should do is just have it read , all excavated materials shall be placed in
upland area in compliance with the Chanhassen ordinance. Otherwise, I
have no other comments on the wetland but on the variance . I guess it
Planning Commission Meeting
January 4 , 1989 - Page 32
would be my feeling that if Jo Ann recalls telling this gentleman that
there was a 50 foot setback, I think we ought to ask her . If she recalls
that she did that , I think it ought to stay there but with the conditions
that Tim put on it. He shouldn ' t be made to move it. If on the other
hand , Jo Ann told him 100 feet from the beginning and it wasn ' t built
there, than I don' t think a variance should be granted .
Ellson : I too was concerned about the Finger family problems and the
additional condition 4 , revising grading and erosion control plan. I 'm
not quite sure , are we saying that we' re going to approve or if it' s going
to eliminate the problem? It' s going to reduce the problem? Or what' s
going to be considered acceptable? I think anybody who has a culvert in
their yard is bound to get more water than someone who doesn' t no matter
where you live. Granted he ' s certainly got a lot more water across the
street than most people but like Steve said, I think the bark and the sand
have got to be the absolute worse part of it so even if it' s something
like that erosion. I 'd like a little more specifics. To who ' s
satisfaction is this plan going to be? Our City Engineer ' s? Is that
basically it?
Brown : That would be my intention , yes . i
Ellson: Well , I ' ll trust you Larry. If it went for the Finger ' s
satisfaction or Mark ' s or what have you, I 'm not sure that we ' d ever come
up with a satisfactory solution. So we ' ll go with a city employee. Than
I guess I could see that . I agree with these two. I never even thought
about the berming part of it , 2257 and they made a good point so I could
see adding that in a little more detail maybe in condition 1. Instead of
basically saying, we' ll comply with the Section , make a point about the
berming that we necessarily haven ' t seen in one . The other two , I don ' t
know, I think Jo Ann is a lot like me. She has to have the actual facts
in front of her and I ' ve seen her do this with me when I ' ve called her on
things. Say one thing and then later come back and tell me another so I
don ' t believe it ' s not possible that she said 50 feet . I can believe it
because that' s the way I am too. I really hate granting variances but the
point he made about the house is even further up than this screening deal .
I would go along with Tim that we' re not going to add to it. We ' re not II going to . . . the possibility of taking it down but I can ' t see that this is
that big a deal . I would probably let it go.
Batzli : I like the submission of the erosion control plan . I think we
may want to specify that one of the things it ' s intended to correct is the
runoff to the gentleman ' s property across TH 101 . The wetland alteration
permit, I guess I would like to see a condition 7 stating that the
applicant shall insure that the elevation of the proposed drainage channel
will not adversely affect the Class A wetlands so that everybody' s clear
on what this thing is going to do. That we received his indication that
it' s not intended to adversely affect it but I guess I would prefer that
that be a condition . I had a question for Mark. He' s going to build a
pond right against the Class A wetlands , according to our map here
correct?
Mark Koegler : Yes .
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Planning Commission Meeting
January 4 , 1989 - Page 33
Batzli : And you indicated that the typical 6 conditions that are normally
in there would apply to that pond? Did you say that earlier? About the
slope and all that other good stuff?
' Mark Koegler : I referenced the wanting to avoid the storm water runoff
provisions that were a part of the wetland alteration permis would apply.
Conrad : That ' s not it . Those are conditions from the DNR.
Batzli : They are the U. S. Fish and Wildlife Service conditions typically
are included in ponding areas of this type . Are those include in here?
Mark Koegler : I don' t know that I had it. The item that I added with
item 6 was a reference to the Corps ' permit requirements . The Fish and
Wildlife, essentially in this particular case, and Paul Burke specifically
' has essentially not commented , if you will in any level of detail other
than to say that basically it' s under the Corps' jurisdiction and he
agrees with their findings and then offered to conduct the visual
' inspection which might tie in to some degree to item 7 prior to the time
that the actual disturbance occurs . Stake the location where the drainage
ditch in the field . . .
Batzli : I guess typically we look at whether a ponding area is going to
kind of be a deep, open water pond , if you will or an enhancement to the
wetlands in accordance with the U. S. Fish and Wildlife Service ' s
recommendations for a wetland type area . I guess what I 'm hearing is that
they apparently didn ' t really look at it for that . He just concluded that
this was under the Corps ' jurisdiction?
Mark Koegler : Let me respond to that in a couple of ways . First of all a
little elaboration. Connecting with the Fisheries people and the Corps '
people and everybody else was very difficult with the holidays intervening
inbetween so as a result unfortunately some of the material literally came
into the City yesterday. If it ' s your desire , I would suggest as a part
of the grading and erosion control plan that they submit , that they submit
' a section on the proposed pond construction in conformance to the Corps
criteria that' s been submitted along with this letter of December 29th .
In that way, the City would have on file the intended construction packet
' for the pond . There is no elevation or section right now of the pond
submitted with this plan of materials to the City so we' re hoping to
request that so that again Paul Burke has something to review in the field
when he goes out there .
' Batzli : So you would actually put that in the conditional use permit , the
fourth condition? That the grading and erosion control plan be submitted
to the City Engineer?
Mark Koegler : I suppose more appropriately would be a number 8 in the ,
wetland alteration permit that is part of that process that the applicant
submit upon their application by the City a section of proposed pond which
is consistent with the recommendations of the Corps which again relates to
this maximum 5 feet depth , gently sloping sides , and so forth to produce
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Planning Commission Meeting
January 4 , 1989 - Page 34
the wildlife habitat that is desired .
Erhart : That ' s a Fish and Wildlife recommendation . ,
Emmings: The ones that we ' re talking about up here right now are Fish and
Wildlife .
Mark Koegler : They' re pretty well in sync . Again , both of these agencies
and both of these gentlemen we' re involved in . . .
Erhart : There ' s a regular handout , I ' ve got a copy of it. I could swear II
it was the Fish and Wildlife. It is the item that he just mentioned .
Mark Koegler : From my understanding , they are synonymous . Not the ,
agencies but the recommendation.
Batzli : I guess I 'd like to see that added as a condition . One other
thing, correct me if I 'm wrong , do we often times not link the conditional
use permit with the . . .
Emmings : If we want to .
Batzli : Well , do we want to?
Emmings : Yes .
Batzli : But we haven ' t here? I
Emmings : It ' s number 5 .
Batzli : Did I miss that? 1
Emmings : I wrote it down but I didn ' t say it .
Batzli : Well , I would like to see that as a condition that we link the
wetland alteration permit with compliance of the conditional use permit
and= basically vice versa . One other question for Mark and then I 'm pass
the torch here. My question is , how can they realistically build this
pond without dredging in the Class A wetlands?
Mark Koegler : The field conditions are pretty definitive when you ' re out
there . There is a stand of willows that actually sits right on the edge
of the A and the B so physically there is a very definitive reference in
the field as to where they' re at so it should be totally possible to
construct totally within the Class B area and not disturb the Class A.
Again , that ' s part of the rationale behind having a final verification of
staking a pond outline. I see no reason why the applicant can ' t do that .
Batzli : Are they going to kill all the willows when they' re digging tie
pond? Or is that a silly question? I 'm sorry, I said I was just going to
ask one more question . That was all I had . On the variance , I kind of
like the idea of asking Jo Ann if she remembers telling him that before we
would say one way or another . I think it was an emergency type situation
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Planning Commission Meeting
January 4 , 1989 - Page 35
and she did tell him where to build it and he did it , I think it ' s tough
for us to at this time to tell him to tear it down. I think that ' s kind
of silly.
Wildermuth : I 'm wondering if this conditional use permit is for a nursery
' or whether it' s for a contractor ' s yard. The operation doesn' t seem to
fit our ordinance ' s definition of a nursery very well as Steve wrote just
a little earlier . I think one of the conditions for looking at the
conditional use permit , there' s got to be satisfaction of adjacent
property owners. I understand Mark that we don ' t have all the information
on the wetland alteration permit but reading Paul Burke' s description of
this thing, I get the impression that there was a lot of fill work done
I even before the application was made which is strictly in violation of the
ordinance.
Mark Koegler : Again , it ' s my understanding and I apologize for probably
none of us having a consensus of information here. With Jo Ann gone,
we ' re doing the best we can . It ' s my understanding there was some
material deposited on the edge of the , probably the tree edge in the Class
B wetland which is primarily potting material . That ' s what I believe
triggered one of the initial responses from Jo Ann that a wetland permit
needed to be obtained and that the conditional use permit needed to be
modified. There has been no more filling that I 'm aware of nor have I
seen any evidence of any since that time so I think you may be right .
There was a minor amount of filling that did occur which triggered the
response from City Hall initially, or one of the triggers .
Wildermuth: I understand what the applicant is trying to do here but I
really get the feeling that he ' s doing pretty much what he wants to do and
the ordinances really don ' t make an awful lot of difference. That seems
to be the theme that runs down through the conditional use permit , the
wetland alteration permit and then this variance issue . I am in
agreement , if Jo Ann remembers that she did say 50 feet , fine . Other than
' that it just comes down to one individual ' s word against another . If it
comes down to one individual ' s word against another regarding the
variance, it doesn ' t meet the test. It ' s a self created hardship and it
doesn ' t meet the test . That ' s all .
Headla : The Planning Commission magazines , the Planners or whatever .
' They had an article this last time. I 'm not trying to impress you that I
read it all the time . I started to read this one article and in that
article it mentioned how decisions we make, how that can impact the time
on the staff . We can give them a tremendous load or really give them a
' lot lighter load and let them do a good job on what they' re after .
They' ve got limited resources . You ' ve only got so many people and
indirectly we can control how much they are going to do. I started
thinking about that and I ' ve been turning it over in my mind and I ' ve
decided that I 'm going to look at two things this year . I 'm going to go
at the reviews , two things. If somebody tells me there ' s a sense of
urgency, I 'm not going to listen to them. We got some of them tonight
that they want things approved because there ' s a sense of urgency, they
got it done and how many times I think all of us in business , one of the
best ways to get something passed , if you want to get it rolling , wait
I
Planning Commission Meeting
January 4 , 1989 - Page 36
until it ' s about midnight and just ram it through . I see that type of
thing going and I think we' ve got to really look at that type of thing .
The other thing you want to look at is getting stuff that' s incomplete . II We okay it and then we expect the staff to have everything ready for the
Council meeting . I don ' t think we should do that . What we approve should
go unadulterated right to the Council , period . If they can' t get it to us '
in time, that ' s not our problem. That ' s their problem. An example of
this, and I want to save this page because I think Jim had some good
points here , the applicant shall submit a new site plan drawing that
accurately depicts the location of the shade tree structures and all other !'
buildings and features . Why didn ' t we get a good , accurate drawing to
begin with? In no way am I , and I may be alone but no way am I going to
approve something going to the Council when it doesn ' t accurately depict
it to us so what we look at is going to be different than what the Council
gets . Give us the real story to begin with . I don' t like it where you
had a neighbor , you had a real problem with it , maybe you weren' t given
direct direction to get it corrected . You knew there was a problem and
even tonight you pretty well said, well he didn' t do this or he didn' t do
that. I don ' t see where you ever took corrective action and I just don ' t
think that' s right. I think you created the initial problem, I didn ' t see II
where you did anything to correct it. The lift trucks going for a long
time. We really, and Lyman Lumber did a good job in trying to be
cooperative. When a neighbor complained abou the noise , Lyman Lumber
listened to it and they really tried to take corrective action. I hope
you' ll look at that in the same spirit . What can you do to reduce the
noise to your neighbors? I think there ' s a lot of room in there to work
on . I think Steve did a good job tonight looking up the definitions of
what really a wholesaler is and that may help to solve part of the
problem. On the field investigater Paul Burke , at the bottom of the page.
The last paragraph, halfway through where he talks about the recent
shoreline enhancement project at this site , most if not all of the
recently sodded area was a wetland with characteristics so on and so
forth. Apparently he went and sodded the wetland . Now there ' s a common
theme here. You' re- taking and you ' re taking. I guess I 'm frustrated
because you keep nitpicking . You potato chip us and we can ' t ever go in
and stop one little thing but the theme is you keep taking and taking and
that ' s it . ,
Conrad : Okay, thank you Dave. Quick comments . For allowing the
expansion, this is really close to a contractor ' s yard in my opinion . I
It' s not called that but it' s real close . To allow expansion I 'd really
have to concern myself with the neighbor ' s concerns. The runoff. The
noise plus things that we ' ve identified . Filling the wetlands and I
haven' t seen evidence that the applicant has worked with the neighbors .
Maybe he has and maybe he hasn ' t . It ' s tough typically to judge on that
but the runoff, I think Larry' s got a solution to it . The noise appears
to be a problem. I wouldn ' t want to live across from something that , if
it' s true, that machines are running and that we' re actually bringing in
material . I wasn ' t aware that we allowed that here but I see a whole lot
of problems . I wouldn ' t allow expansion until those problems are solved .
If we want to build it into approval tonight to make sure those problems
are solved. The wetland filling is kind of a concern to me and obviously
a concern for the neighbor in the area . We do have to help him out or at
II Planning Commission Meeting
January 4 , 1989 - Page 37
IIleast make sure staff and the applicant are getting together to resolve
these problems . In terms of the wetland alteration permit , a couple
1 things . I really do need to see , for me to look at it , I need to see an
application form saying this is what we' re doing and why we' re doing it
and how we' re going to benefit the wetland and I haven ' t seen that , which
I said to begin with. Number two, putting a ditch in a wetland is
I contrary to anything that I ' ve ever seen . A wetland is supposed to filter
and the B wetland filters for the A wetland. Well , running a ditch
through there doesn ' t do anything . It totally destroys the purpose of the
1 wetland that we' ve got there . I 'd really like to see Mr. Burke or
somebody review what the applicant is intending to do. I 'm not convinced
that this has really been done. That Mr. Burke knows what has been said
I and then I 'd like to see staff recommend to us what , in terms of our
ordinance and what we say about a Class B, what the benefit of this is
based on our ordinance and I haven ' t seen that done . So I have a real
problem with the wetland issue right now. I think the ponding , Tim I
I agree with the ponding . That there ' s some benefit down there. That we ' re
conformni.ng to the standards . I haven ' t seen the benefit. Then again, a
lot of it goes back to there ' s no permit , there ' s no request here and I
II don' t know what the information is . It ' s incomplete. The variance .
Again , I would have a tough time approving a variance until I 'm convinced
that the other issues have been solved. The runoff . The noise and all
that kind of stuff . If Jo Ann said 50 , that ' s again , geez , I don ' t know
II that I can go along with that but anyway. I have some real concerns on
this and I think there are ways to solve this tonight to get it out of
here and to put the burden on staff to work with the applicant to make
1 sure but I think just having a nursery across the street from a
residential area and the fact that there ' s water problems created by that
nursery, has to be solved . It just has to be solved . Period . Before
II expansion is granted, period . In my mind. Anyway. I would sure
entertain a motion .
Emmings : What do you thing ought to be done?
' Conrad: I don ' t know. I 'm not making the motion .
IEmmings : No , but what is your opinion about it?
Conrad: This should not have been here tonight .
1 Emmings : Yes , it ' s incomplete .
Conrad : It ' s real imcomplete and it ' s partial data and it ' s sort of , I
I hate to put people through this from the public but we ' re kind of running
with new staff and a whole lot of other things and we haven ' t met for a
while so part of that is just the Fact that we ' re getting things back
I together again and I apologize for not having it all together but I really
would not have wanted to see this tonight until all the information was in
and the applications were correct and staff made some comments so I don ' t
like it. I hate to say it but I 'd get it out of here tabling it or doing
Isomething with it .
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Planning Commission Meeting II January 4 , 1989 - Page 38
Emmings : How do you feel about the fact that a large portion of the II
business seems to be trucking in and trucking out?
Conrad : I don ' t like that . That ' s not the intent of what a nursery is in,
my mind. It ' s a growing area but I don ' t know. This gentleman across the
street said there ' s noise at 5: 00 a.m. . I don ' t know if that ' s true or
not but if there was a registered complaint where we would have it on II
record in City Hall , we should go back and search for those complaints .
If the gentleman called into City Hall , we would have it on record that
there was noise at 5: 00 a .m. . If not , it ' s a problem. We can ' t prove I
anything but if that ' s there, we would have it. I think the runoff is, a
grading plan is great for the runoff but again , I would have liked to have
seen a grading plan before we sent it to City Council so it ' s here. We' re
saying let ' s get it out of here and let somebody else do it but basically
i.t ' s kind of an incomplete case that we' re looking at right now. So it' s
up to somebody, one of you who wants to make a motion and do something
with this .
II
Emmings : I think in light of the fact , does delay in passing this screw
up your plans in anyway Mark? Is this something that has to be started I
right now or can get started a month from now? Does it makes any
difference?
Mark Van Hoef : The ponding has to be dug in the winter . I
Emmings: So we' re talking about until when?
Mark Van Hoef : The first of March. I would like to add one tai.ng . There "
is an application for a wetland alteration. I don ' t know where it is .
Conrad : It ' s not here . Maybe you turned it in and we just don ' t have it.
It may not be your problem but there ' s just a lot of little things .
Somebody said 50 foot and we don ' t know if i.t ' s 50 or 100 . :here ' s not a
permit here and then there ' s some filling of a Class A wetland a lot of
little things like that that I 'd like to get straighten out . :`sings that
bother me.
Wildermuth : I recommend that we table this entire matter until staff has
had an opportunity to look a conditional use permit in light of either a
nursery or a contractor ' s yard . Also , has an opportunity to .het the
wetlands package together more completely and clarify questions regarding
who said what on the variance issue .
Hanson: And the grading plan? I
Wildermuth : And the grading plan.
Emmings: All of the comments that we' ve made . I
Headla : I ' ll second that .
Emmings : I guess I think it ' s appropriate . I 'm up to number 9 in II
conditions on the wetland alteration permit and there' s an awful lot of
II
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Planning Commission Meeting
January 4 , 1989 - Page 39
them that are , this has to be done before it goes to Council and that has
to be done before it goes to Council or that staff has to be satisfied. I
' think since that one was so far out of whack, it seems to me maybe we
ought to just table the whole thing and come back and do it all over
again .
Wildermuth moved , Headla seconded to table action for North
West Nursery
on a Conditional Use Permit and Wetland Alteration Permit for additional
information . All voted in favor and the motion carried .
Hanson: I guess the one thing I would ask is , in the motion you just made
it was part of the direction that the applicant address the conditions
that had been presented and discussed?
Conrad : I think it would be real wise?
Hanson : I guess the reason I 'm asking is , essentially you ' re asking him
' to provide some additional information so we have those items to bring
back? I guess the question is more directed at the applicant that he ' ll
have those revised plans in.
' Conrad : There ' s nothing that ' s really preventing us from reacting kind of
quickly? It ' s not like our next 13 agendas are filled?
Hanson : No .
Conrad : We can react as soon as the information comes in and the
' applicant gets back with a few of those things?
Hanson : Is it fair to say that we ' re planning that that information has
to be in about a couple weeks before?
Conrad : It really should be.
11 Hanson : I just don ' t want to be in the position of them coming in and
saying here it is the meeting day.
Emmings : That ' s always true . If they want us to act on something , than
they've got to get the information to you with enough lead time so that
you can get it to us in the packet so we ' re not getting sheets at the last
minute.
' Hanson : I assume part of this is a referral back to Paul Burke and some
of the other agencies?
rConrad : So Mark would you come in probably tomorrow and rehash this with
Steve so you kind of get a game plan of what we just said over the last
hour and a half which is not easy to summarize . I think that ' s a pretty
good starting point.
_ , / . . . .
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
`'`" (612) 937-1900
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January 10 , 1989
Mr. Mark Van Hoef
I
Northwest Nursery Wholesale
9150 Great Plains Boulevard
Chanhassen, MN 55317
II
Re: CUP #85-1 and WAP #88-1
Dear Mr. Van Hoef:
II
The Planning Commission tabled your requests for Conditional Use
Permit #85-1 and Wetland Alteration Permit #88-1 in order for you II to clarify and submit additional information. Specifically, the
Commission requested the following:
1. Submittal of a new site plan that is legible and complies
I
with the site plan requirements of the zoning code. A copy
of these requirements are attached for your review.
2 . The site plan should clearly depict the location of all II
structures , existing topography, proposed grading and
drainage improvements, and label each of the growing areas .
II
3 . Detailed reasons and justification for the wetland alteration
permit. Enclosed please find a detailed questionaire for
this purpose. 1
4 . Clarify the confusion between reports of Department of
Natural Resources (DNR) , Corps of Engineers and Division of II Fish and Wildlife Service regarding wetland issues .
5 . Grading and drainage plans should address the issue raised by
the property owner across from your site.
6 . Provide a detailed description of your business , specifically
addressing hours of operation, truck traffic, material I
handling, typical length of time materials are grown on site,
irrigation methods used on site, storage of materials , and
number of employees . i
7 . There was discussion at the meeting as to whether your busi- ,
ness falls under the classification of a wholesale nursery or
II
Mr . Mark Van Hoef
January 10 , 1989
Page 2
' a contractor' s yard. You should provide justification that
your business is a wholesale nursery, pursuant to City Code.
Enclosed please find copies of the definition for both and
standards for conditional use permits for both.
8 . Address how your application complies with the conditional
' use permit standards in Section 20-232 , and Section 20-257.
If your business fits the definition of a contractor' s yard,
you would be subject to Section 20-255 and Section 20-257.
9 . The proposed plans should include a property survey.
Pending submittal of the above items and referral to appropriate
' agencies, staff will reschedule this matter before the Planning
Commission. As this information will need to be referred to
agencies, submittal of this information will need to be made as
' if this was a new application. The next submittal date is
January 23rd for the February 15 , 1989 , Planning Commission
meeting.
I look forward to receiving the information referenced above. If
you have any questions , please let me know.
Sincerely,
Steph n Hanson
Planning Director
SH:v
Enclosures
1 ¢
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t.C. DATE: Jan . 4 , 1989
C; I T Y O F
` CHANHASSEN C.C. DATE: Jan. 23 , 198911
CASE NO: 85-1 CUP & 88-1 WAI
Prepared by: Hanson/v II
STAFF REPORT
PROPOSAL: 1 . Conditional Use Permit for Expansion of a
Wholesale Nursery Operation
1- 2 . Wetland Alteration Permit for Alteration of a
Z Class A Wetland
Q 3 . Setback Variance
U I
LOCATION: 9150 Great Plains Boulevard
Q_ APPLICANT: Northwest Nursery Wholesale
Mark VanHoef
9150 Great Plains Boulevard
Chaska, MN 55318
'I
PRESENT ZONING: A-2, Agricultural Estate
ACREAGE: 39 . 48 acres
DENSITY: '
ADJACENT ZONING
AND LAND USE: N- A-2; single family residence
S- A-2; agricultural
E- A-2; single family residence
Q W- A-2; agricultural
LLJ WATER AND SEWER: Not available to the '
site.
PHYSICAL CHARAC. : The site contains a Class A wetland in the
northwest corner of the site.
2000 LAND USE PLAN: Agricultural
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Northwest Nursery
January 4 , 1989
Page 2
ANALYSIS '
Proposal
Northwest Nursery is proposing to expand their wholesale nursery '
operation requiring a modification of their existing conditional
use permit. Implementation of the proposed land also involves a
wetland alteration permit and a variance. Each of these appro- '
vals is discussed separately in this report. Fore the con-
venience of the public, it is suggested that staff present all
three items simultaneously during the public hearing process . '
Conditional Use Permit
The applicant is requesting modification of an existing conditional '
use permit to expand a wholesale nursery operation. On February 4,
1985 , the City Council approved a permit including a site plan
which identified the existing house and barn, buildings "A" through '
"D" , a yard area, proposed planting screens and a large growing
range encompassing the entire western portion of the site.
A new site plan dated August 12 , 1988 , stamped "Received December '
12, 1988" identifies many of these same facilities but is more
definitive in breaking down the growing range areas of the site.
The new plan calls for the creation of a pond in the north central
portion of the site and a shade structure east of the existing
house which serves as a main office. Both of these items are
addressed later in this report. Additionally, the plan calls for a
secondary structure that is shown on the overall site plan does not
appear to be of the same shape or dimension of the actual structure
that exists on the property.
Northwest Nursery is not proposing any changes in use. The busi-
ness will continue to operate in the same manner that it has since
it was first approved in 1985 . Only the site plan configuration
which is part of the formal permit is actually changing. Of the
site plan modifications , only one causes concern. TH 101 is
currently under the jurisdiction of the Minnesota Department of
Transportation. Eventual construction of the second access will
require a permit from MnDOT. Plans for the construction of TH 212
may impact the area around the nursery property. Since exact
details of such plans are unknown at this time, it is advisable
that the City defer approval of the second access until a later
date when right-of-way and alignment plans are finalized.
RECOMMENDATION - Conditional Use Permit
Planning staff recommends the Planning Commission adopt the
following motion:
"The Planning Commission recommends that the City Council approve
Conditional Use Permit #85-1 based on the plans stamped "Received
December 12 , 1988" and subject to the following conditions :
I . ' (- C
Northwest Nursery
January 4 , 1989
Page 3
' 1 . The applicant shall comply with Section 20-257 (Conditional
Use Standards for wholesale nurseries) of the Chanhassen City
Code.
2 . The applicant shall submit a new site plan drawing that
accurately depicts the location of the shade structures and
all other buildings and features .
' 3 . Approval of the site plan specifically excludes the second
access along the northern portion of the property. If
' desired by the applicant at a later date, the driveway loca-
tion will require a permit from the Minnesota Department of
Transportation and modification of the conditional use permit
by the City.
Wetland Alteration Permit
The Northwest Nursery property contains both Class A and Class B
wetlands . The approximate locations of the wetland boundaries
are shown on the applicants site plan . The areas labeled Class
III correspond to the City' s Class A wetlands the Class II areas
correspond to the Class B wetlands . Under City Code, a wetland
alteration permit is required for development within 200 feet of
' a Class A wetland. Additionally, a permit is required for any
digging, dredging or filling in a Class A or B wetland.
' The Northwest Nursery site plan does not call for the disturbance
of the Class A wetland area. The plan does , however, include
construction within the Class B wetland. Within the Class B
area, the applicant is proposing to remove a number of old stumps
and create two ponding areas , a small one at the west end of the
site and a large one approximately 550 feet to the east. The two
ponds will be connected oy a proposed drainage ditch.
' On November 30 , 1983 , a group of people including representatives
of the U. S . Fish and Wildlife Service, Corps of Engineers , EPA
' and City of Chanhassen walked the site with Mark VanHoef and Mice
Nugent of the Northwest Nursery to review all of the proposed
improvements . During the visit, the approximate boundaries of
the Class A and Class B wetlands were identified by the represen-
tative from the Corps of Engineers .
Northwest Nursery' s plan has been reviewed by both the Corps of
Engineers and the U. S . Fish and Wildlife Service. Due to the
holidays , the City has not received written comments from either
agency at the time or the assembly of this report. Both Jerry
Smith of the Corps and Paul Burke of the Fish and Wildlife
' Service have verbally indicated that the proposed plan is accep-
table. Written comments should be available for presentation at
the Planning Commission meeting .
Northwest Nursery
January 4 , 1989
Page 4
RECOMMENDATION - Wetland Alteration Permit
Based upon the review of both the Corps of Engineers and the
U . S . Fish and Wildlife Service, staff recommends approval of the
proposed wetland modifications . It is suggested that the
Planning Commission adopt the following motion:
"The Planning Commission recommends that the City Council approve
the Wetland Alteration Permit Request #88-1 based on the plans
stamped "Received December 12 , 1988" subject to the following
conditions:
1 . All areas designated as Class A wetlands shall remain
undisturbed.
2 . Disturbance of the Class B wetlands shall be limited to the
improvements identified on the applicant' s site plan stamped
"Received December 12, 1988" .
3 . All excavated material shall be placed in upland areas . 1
4 . The applicant shall comply with the provisions of Section
20-440 of the Chanhassen City Code.
5 . Prior to any excavation of fill activity, all improvements
shall be staxed in the field and field conditions shall oe
reviewed by a representative of the U. S. Fish and Wildlife
Service or other individual acceptable to the City.
( Note: The above conditions may be modified and/or supplemented
based upon written comments from review agencies . )
Variance
During the summer of 1988 , Northwest Nursery constructed a shade
structure to protect heat sensitive plants . Although no building
permit was issued, the structure was approved by city staff for
immediate construction due to the hot, dry conditions that
existed during June, July and August. The shade structure con-
sists of a series of 4 x 4 posts and 2 x 8 ' support joists with a
snow fence roof to screen sunlight. The overall height of the
structure is 10 feet.
Under Section 20-257 of the Chanhassen City Code, all storage
yard areas and buildings must be setback 100 feet from public
rights-of-way. The required setback was not observed during
construction of the building. The following is a summary of the
events that occurred:
June 13 , 1983 - The City received a letter from Mike Nugent, 1
Manager of Northwest Nursery stating that they intended to
•
IF . C i_
Northwest Nursery
January 4 , 1989
Page 5
build a shade house with approximate dimensions of 85 ' x 110 ' .
July 6 , 1988 - Jo Ann Olsen wrote a letter to Mark VanHoef of
Northwest Nursery confirming a conversation regarding the
shade structure. The letter specifically referenced that a
100 foot setback was required for all storage areas and
' structures .
July 15 , 1988 - The Chanhassen Building Inspector visited the
' site and noted that a portion of the structure was located
117 ' from the centerline of TH 101 and that due to the 66 '
right-of-way width, the structure should be a minimum of 133 '
from the centerline of the road. The inspector advised the
' applicant that the shade house would have to be moved 16 feet
in order to comply with required setbacks .
July 21 , 1988 - The Chanhassen Building Inspector visited the
site and issued a stop work order for the portion of the
structure that was not in compliance with the required set-
backs . At that time, the southeast portion of the shade
' house was complete and construction was suspended on the
northeast portion.
'
September 12 , 1988 - Steve Kirchman, Building Inspector,
wrote a memorandum to Jo Ann Olsen stating that portions of
the structure are in violation of the zoning ordinance. He
' further recommended that the portions in violation be removed
before any further permits are granted.
To date, the applicant has not submitted a registered survey of
the property locating both boundary lines and existing features .
All references of the location of the shade house are based on
field measurements by the Building Inspector and non-survey plans
' submitted by Northwest Nursery. Because of a lack of definitive
field data, the location and setback of the shade structure can
only be considered approximate . The information available is
reasonably accurate for the purposes of analyzing the required
Variance.
The shade structure that now exists has an overall envelope
dimension of 36 .5 ' x 90 ' with a 12 ' x 48 ' notch out of the
northeast corner . At the closest point, the structure has a 68
foot setback from the right-of-way line for TH 101 . Only the
' southwest corner of the structure actually observes the required
100 foot setback. The existing configuration results in the
application for the 32 foot variance from the required 100 foot
setback.
tIn accordance with the City Code, the actual decision on the
variance is made by the Board of Adjustments and Appeals . Sicne
the variance is part of the conditional use permit, it is
•
Northwest Nursery
January 4 , 1989
Page 6
appropriate for the Planning Commission to offer their comments
and make a recommendation to the Board.
In reviewing the variance request, the Planning Commission should
consider the criteria for granting variance as stated in Section
20-58 of the City Code.
The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the following
facts :
A. That the literal enforcement of the Ordinance would cause undue
hardship and practical difficulty.
B . That the hardship is caused by special conditions and cir-
cumstances which are peculiar to the land and structure involved
and which are not characteristic of or applicable to other lands
or structures in the same district. '
C. That the granting of the variance is necessary for the preser-
vation and enjoyment of substantial property rights . '
D . That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
E . That the variance will not be injurious to or adversely affect
the health, safety or welfare of the residents of the City of
the neighborhood wherein the property is situated and will be in
keeping with the spirit and intent of the Ordinance.
Additionally, the nature of the structure and the status of TH 101
are also relevant factors . As the Planning Commission knows , the
eventural jurisdiction and improvement of TH 101 is unknown at this
time. The City is actively pursuing plans to improve 101 south to
the planned interchange with new TH 212 . The comprehensive plan
calls for improvement of the entire route. Since eventual plans
for the section of the road that abuts Northwest Nursery are
unknown at this time, it is impossible to predict if additional
right-of-way will be needed in the future. Maintaining a 100 foot
setback certainly assures that the property will be available
should additional right-of-way be needed. Allowing lesser setbacks
may compromise future options . '
The existing shade house is considered a permanent structure by the
Building Inspector because the posts are anchored in concrete .
Since the structure does not contain interior or exterior walls and
has only snow fence for a roof , it could be relocated relatively
easily with an almost total salvage of materials . '
RECOMMENDATION - Variance
Planning staff recommends the Planning Commission adopt the '
following motion:
Northwest Nursery
January 4, 1989
Page 7
"The Planning Commission recommends that the Board of Adjustments
ents
and Appeals find the requst to be inconsistent with the conditions
' for granting a variance and therefore deny the requested 32 foot
setback variance. The Northwest Nursery shad house should be relo-
cated in such a mannter that all of the structure observes the
required 100 foot setback. "
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KEVIN S. AND VALETTE FINGER
9151 GREAT PLAINS BLVD.
CHANHASSEN, MN 55317
(612) 445-2612
December 28, 1988
Planning Commission
City of Chanhassen
Chanhassen, MN
Dear Commission Members:
I am writing this letter in response to the Northwest Wholesale
Nursery, Inc. 's (Nursery) application for zoning amendment.
It is my understanding that the Nursery is requesting to build a I
shade structure to come within 200' of a water shed. I DO NOT
FEEL THEY SHOULD BE ALLOWED TO DO THIS. My reasoning is of a
very basic nature. The Nursery has shown NO respect for others
property in the past and I feel they will go beyond what you
would allow, as they are currently doing.
They basically have no respect for the property of others. It is
my opinion that if you allow them to build the shade structure
they will continue to dump more junk and fill into the water shed
area and eventually take advantage of the situation and remove
the water shed area, and MOST IMPORTANT OF ALL remove the animal
cover in the winter time.
I also hereby request that the planning commission review the
Nursery' s current permits. This request is because they are not
operating as they represented they would at the time their per-
mits were issued.
Let us first review my first contention that they do not respect
other peoples' property. We have owned the property directly
across Highway 101 from the Nursery for the same period of time
the Nursery has owned their land. In the summer of 1986 we
noticed that the type of watering system they were operating to
water the shrubs on the hill facing Highway 101 was draining on
to our property uncontrollably through a culvert under the high-
way. We spoke to them in the fall of 1986, the spring and summer
of 1987 and the summer of 1988. All they have done is gone to a
different type of watering system, which has NOT alleviated the
problem. We have now lost five nice evergreens, two forty-foot
rows of good producing raspberry bushes and have received,
through erosion, approximately eight to twelve inches of sand and
bark through this culvert.
DEC 1988 I
CITY OF CHANHAS._N
II I . i
1
Page 2
Planning Commission
December 28, 1988
' We have spoken to them on numerous occasions and they refuse to
do anything; I have spoken to the city engineer and he puts us on
the back burner and does nothing for us. In the Nursery's
original meetings with the Planning Commission the Nursery stated
they "would not hurt any of the surrounding properties" . They
have hurt us since day one and are unwilling to cooperate with
' us.
My suggestions to take care of the problem and return things to
the way they were is to:
' 1 ) Block the culvert that runs under Highway 101 just
south of the Nursery's driveway.
2) Excavate a ditch along Highway 101 to handle all the
run off the Nursery should have.
3) The Nursery should re-excavate their driveway in a man-
ner that would eliminate us receiving all their gravel
and bark.
These are items that have been discussed with the Nursery before
and they refuse to do anything, they have not even come up with a
counter proposal .
My second area of concern was that of reviewing their permit to
operate as a nursery. If you will review the comments made at
their hearing in 1985 you will see that they assured the planning
commission that they would be a "tree farm" . It is true that
' they do grow trees. However, the greatest share of their busi-
ness is that of a broker. They are constantly having semis haul
trees in and out during the spring and summer. There is also a
great deal of noise coming from there, due to the two Bobcats
they have. These machines run from 7:00 AM to 9:00 PM every day
including Saturday. If they were in fact operating a "tree grow-
ing nursery" the noise would be substantially less (ie. there
would not be the amount of Bobcat noise that there currently is)
and there would not be the volume of large truck traffic that
there is now. With a "tree growing nursery" we would also have
' the peaceful country atmosphere that was there when we first
purchased the property.
I believe this operation has gone far beyond the original an-
ticipated guidelines set forth by this commission. For this
reason I request that you do not give this business any further
considerations. I further request you review their previous
request and compare it to their current operations to determine
if they are in fact operating within the guidelines that they
themselves had previously set forth.
1
I
1
Page 3
11
Planning Commission
December 28, 1988 1
Thank you for your consideration in this matter. We look forward
to a favorable decision declining the Nursery's request.
Sincerely,
Y�
I .
04T OF-ti ■
Qp �\ F;. TAIE�-
1 ,:p _, yp United States Department of the Interior Amotiammimm
\ �' , FISH AND WILDLIFE SERVICE um= III
' '' ST. PAUL FIELD OFFICE (ES) UN ■
50 Park Square Court
IN REPLY REFER TO: 400 Sibley Street
ISPFO St. Paul, Minnesota 55101
December 9, 1988
II
I Ms. JoAnn Olsen, Assistant City Planner
City of Chanhassen
P.O. Box 147
Chanhassen, Minnesota 55317
IDear Ms. Olsen:
I We have reviewed the comments contained in Mr. Mark
Koegler's memorandum dated November 30, 1988, regarding the
Northwest Nursery Wholesale, Inc. , project. We concur with
the details provided in the memorandum and we reiterate our
I offer to review the final project staking prior to fill
placement activities.
I If you have any further questions regarding this project,
please contact Mr. Paul Burke of my staff at your
convenience.
I Sincerely,
7-'7
j
, / ' OrVP 1
j
James L. �th
1 Asst. Field Supervisor
1
I
I
A
I
III
NORTH WEST NURSERY WHOLESALE
hVIOLRY
HOtEAL6
.- .rc. 9I50 GREAT PLAINS BLVD.
CI-HASKA, MN 55318
812/445-4088
December 5, 1988 1
MEMO I
To: JoAnn Olsen
From: North West Nursery Wholesale, Inc.
Date: December 5, 1988
Subject: Follow-up Site Plan North West Expansion
Comments:
1 . Enclosed please find revised site plan as requested from '
our meeting of November 30th at the Nursery. Please note
that both Class II and Class III Wetlands have been denoted
per Mr. Jerry Smith's recommendation. Also find proposed '
relocation of pond area.
2. After review of Mr. Mark Koealer's memorandum I would
question his notation of : "A portion of the field area is
in Type II (U.S. Fish & Wildlife) Wetland area and cannot
be filled." My understanding was that this area in ques-
tion was not Class II Wetlands, and that Mr. Smith flagged
the appropriate boundaries which exempted Field "A" from
Wetland compliance. Otherwise, I was in full agreement with
all information recapped by Mr. Mark Koegler.
Sincerely,
tic
MARK VAN HOEF
•
1 I
1
SR{
Rr.
t t t}'.� +�.
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3�yyk�f i h��hi �'t t��f.
{k Y,.
IMEMORANDUM
TO: Jo Ann Olsen
IFROM: Mark Koegler
DATE: November 30 , 1988
I SUBJECT: Summary of meeting held at
Northwest Nursery Wholesale ,
Inc . on November 30 , 1988
IIN ATTENDANCE : Mark VanHoff , Northwest Nursery Wholesale , Inc .
Mike Nugent , Northwest Nursery Wholesale , Inc .
1 Jerry Smith , U . S. Army Corps of Engineers
Paul Burke , U . S . Fish and Wildlife Service
Catherine Grissom Garra , U . S . EPA , Region V Water
I Division , Chicago
Mark Koegler , VHS , Inc . , Representing the City of
Chanhassen
I COMMENTS: A field review of the site was conducted focusing on the
three areas that are outlined on the attached sheets . Area E which
lies at the northeast corner of the site was the first area
I observed . Federal agency representatives did not have any problems
with fill activities in area E providing that the limits of fill
generally correspond to the extension of the east/west plane of the
northern wall of the existing shade structure . This would
I generally allow the nursery to fill the area down to and including
the 892 contour shown on the plan .
1 •- Area A is the site proposed as a future tree growing field .
According to federal agency representatives , a portion of the field
area is within the Type II ( U . S . Fish & Wildlife) wetland area and
I can not be filled . Mr . VanHoff was informed that the nursery can
grow trees within the area and , if necessary , can conduct plowing
operations within the growing field area . If needed , the nursery
can also construct an access road along the southwest portion of
I the growing field providing that the road generally follows the toe
of the existing slope .
I Area C contains both Type II and Type III wetlands as classified
by the U . S . Fish and Wildlife Service . The pond as shown on the
site plan dated "Received August 29 , 1988 " is not acceptable ,,
i
DEC I) ° 1988
3030 Harbor Lane North Bldq.11, Suite 104 Minneapolis, MN. 55447-2175 612/5 31-71gou- '" :4
•
• ,
because it lies within the Type III wetland . The line of
delineation between the two wetland types is generally consistent
with the eastern edge of the proposed pond . Representatives stated
that they could support fill and the construction of the pond
within the Type II wetland which comprises the area identified on
the plan as "Proposed Shrub Growing Field * Exhibit B " .
Wetlands in Areas A and C were located in the field by Jerry Smith
with orange flagging .
After review of the site , Mark VanHoff indicated that he would
revise the site plan to show the wetlands as marked in the field
and modification of the proposed pond . Upon completion , he will
forward copies of the plan to the City of Chanhassen for review by
the Planning Commission and City Council . Upon receipt of the
plan , the Corps and Fish and Wildlife Service will respond with
appropriate comments in writing . Paul Burke indicated that he would
review the staking of the proposed pond improvements prior to
initiation of construction if desired by the City of Chanhassen .
Please advise me if , in your review of this memo , you find that
your interpretation of any of the subject matter varies .
R . Mark Koegler
cc : Paul Burke
Catherine Grissom Garra
Jerry Smith
Mark VanHoff
•
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Mark Koegler and Future City Planner
November 3 , 1988
Page 2
' 3 . Northwest Nursery - The Northwest Nursery needs to receive a
conditional use permit for expansion of the wholesale nursery
and a wetland alteration permit for alteration to the Class A
wetland. I spoke with Mark VanHoff today (11/2/88 ) and they
will be making application on November 7 for the December 7,
1988 Planning Commission meeting. The revised plans need to
show the exact location of the wetland on the site and staff
will be meeting with Mark VanHoff and Paul Burke and hope-
fully somebody from the Corps of Engineers to determine the
' exact boundaries of the wetland.
4. Pfankuch/Frost (80 & 100 Sandy Hook Road) - These two residents -
reside on Lotus Lake. In the summer of 1988 , they filled in a
' portion of a wetland adjacent to Lotus Lake, claiming that
they did so to remove purple loosestrife. Staff visited the
site with Paul Burke from the Fish and Wildlife Service and
determined that a wetland was filled and some of the fill
should be removed to permit the wetland to return to the site.
It was felt that filling in the wetland was not the proper
way to remove purple loosestrife and in fact has not removed
purple loosestrife from the site. All of the information is
in Wetland Alteration Permit #88-13 .
(Vicki - I will be writing a letter to the involved parties
stating that they must submit a wetland alteration permit
application . Please send a copy of this letter to Mark and
' he can refer to file for more information. )
5 . Tree Protection Plan - Alan Olson (DNR Forester) during the
winter months of 1988 and 1989 will be identifying and inven-
torying forested areas within the city boundaries of
Chanhassen . This will involve aerial photography and on site
field checking. Mr. Olson should have his field work
' completed by March of 1989 . The purpose of this is to
designate important stands of trees which should be con-
sidered to be preserved by the city from development. There
' should not be too much staff involvement at this point, but
' be aware that this is in the works if the City Council asks
what the status of it is. A file is being made with the
information in it.
' 6 . Retail West Shopping Center - Jim Winkels representing the
Retail West development is in the process of pursuing Planning
' Commission and City Council approval for the shopping center
sign. The site plan approval for the shopping center required
that the sign receive Planning Commission and City Council
approval . Staff has been working with Mr . Winkels and Jim
' Lasher from BRW to provide a design that meets city ordinance
requirements and also meets with the downtown redevelopment
plans . Currently, there are many illegal signs on the site
and staff has stated to Mr. Winkels that these have to be
a
CITY ' OF
CLAI '' ', ASSEN
. \
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 1
MEMORANDUM
TO: JoAnn Olsen, Assistant City Planner ,
FROM: Steve A. Kirchman; Building Inspector t. .ak ,
DATE: September 12 , 1988
SUBJ: Planning Case CUP 85-1 WAP (Northwest Nursery)
Applicant constructed a shade structure this past summer on the
north side of the office. Portion -) of the structure are in
violation of current zoning oruinances. This should be removed
before any further permits are grantsd.
1
I . .
STATE OF
' � �. .
DEPARTMENT
OE NATURAL RESOURCES
' PHONENO. 296-7523 METRO REGION DIVISION OF WATERS FILENO
1200 Warner Rd. , St. Paul, MN 55106
September 8, 1988
Ms. JoAnn Olsen
City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, MN 55317
' RE: EXPANSION OF A WHOLESALE NURSERY, COUNTY ROAD 18 AND HIGHWAY 101
1 Dear Ms. Olsen:
Thank you for submitting the master plan for the above referenced
proposal.
The area south of County Road 18 and west of Highway 101 contains a 37
acre, Type 3, Department of Natural Resources protected wetland.
' Therefore, any alterations below the ordinary high water elevation of
this basin would require a DNR Protected Waters Permit, and
development should be designed appropriately.
' If you have any questions, feel free to contact me or Metro
Hydrologist John Fax at 296-7523.
Sincerely,
� �
Mike Peloquin
Intern
F293:kap
1
AN EQUAL OPPORTUNITY EMPLOYER
EN1 OFT _
TAKE MIMI= 72/1•' Wit- United States Department of the Interior 1
Ememasemmm
.1—.: 'ir1 o FISH AND WILDLIFE SERVICE ummsammom
- ' ST. PAUL FIELD OFFICE (ES) I
50 Park Square Court
IN REPLY REFER TO: SPFO 400 Sibley Street
St. Paul, Minnesota 55101
II
July 11, 1988
1
Ms. JoAnn Olsen
I
Assistant City Planner
City of Chanhassen
P.O. Box 147
II
Chanhassen, Minnesota 55317
Dear Ms. Olsen: I
In response to your June 30 , 1988 request, Mr. Paul Burke of
this office conducted our on-site review of four wetland
sites within the City of Chanhassen.
II
I am enclosing herewith a copy of his report for your
information. i
If you have any questions or require additional information,
please contact us at your convenience. I
Sincerely,
/ / !± i
I
- t - ,7---- --1-- .4/./,/ 7-'.1 .-"------r------- ''''/-..,_,
. 1 o�ert . Welford
/ Field Supervisor I
Attachment
I
I
I
I
I
l.:1 e ..', CHANf-.Asz:N
2
Site No. 2 .
This is a wet-meadow type complex adjacent to the Northwest
Nursery Co. site in Chanhassen. With the use of a plan view
of the earthen work proposed by the nursery company, I was
' able to identify, in approximate terms, the areas intended
for the placement of fill.
Starting at the north side of the nursery, near Highway 101,
' I found the proposed re-contouring will result in the loss
of between 1/2 and 3/4 of an acre of palustrine emergent,
saturated wetland (Circular 39 characteristic of Type 2)
' with reed canary grass dominating the site. With only minor
modifications, the nursery' s plans can be completed
resulting in only minimum loss of wetlands at the site.
' On the west end of the nursery, i found a similar wetland
characteristic, with evidence that the margins of the
wetlands have already been filled. I would estimate that
approximately 1/2 of an acre of wetland has already been
covered by fill dirt. The plan view was contoured with
solid lines marking the existing land contours, and dashed
' lines showing the proposed contours at the completion of
their project. The plan view would indicate that a
substantial portion of the tree and shrub lot at the western
most end of the nursery is situated on fill.
' It is my determination that the wetlands adjacent to the
nursery ( southwest of the barns ) have been filled and that
' no additional fill can be placed at the lower end of the
site without placing fill in a wetland. If the nursery
company intends to proceed with their site plans, they
should be advised to first contact the U.S. Army Corps of
Engineers, St. Paul District, for compliance with Section
404 of the Clean Water Act. Given the evidence of recently
deposited fill, I would recommend the land owner to contact
' the Corps of Engineers immediately, regardless.
Site 3
' This is wet-meadow just off of Lake Lucy Lane, north of
Chanhassen and near the intersection with Lake Lucy Road.
The site, approximately two acres in size, is a palustrine
emergent, saturated, wetland (Circular 39 characteristic
Type 2 ) dominated by reed canary grass, and cattails. The
entire site is a Type 2 wetland, with the exception of minor
11 undulations near the upper periphery. The area was mowed
some time just prior to our site visit, but the hydrophytic
vegetation was left as thatch and easily identifiable.
Given the extent of the wetland boundary, no fill could be
' placed adjacent to the roadway, regardless of configuration,
without fill being placed in wetlands. Any site plans that
_ l
c : - I
��N"EsOrq Minnesota Cue d 141-+' FaL1�
.. to Department of Transportation t
District 5
< 3 2055 No. Lilac Drive
v'oF The Golden Valley, Minnesota 55422
I
(612)593. 8403
October 24 , 1988 I
Ms . Jo Ann Olsen, Asst. City Planner I
City of Chanhassen
690 Coulter Drive I
P.O. Box 147
Chanhassen, MN 55317 ._
In Reply Refer To: 315
I
S.P . 1009 T.H. 101
Plat review of Northwest Nursery Wholesale, Inc.
I
located W. of T.H. 101 and South of Lyman Blvd.
in City of Chanhassen
Carver County
I
Dear Ms . Olsen:
We are in receipt of the above referenced plat for our
I
review in accordance with Minnesota Statutes 505 . 02 and
505 . 03 Plats and Surveys . We find the plat acceptable for
further development with consideration of the following
I
comments :
- Proposed plat will affect existing wetland. DNR, Corp. I
of Eng. and Riley Purgatory-Bluff Creek Watershed
permits will be required. Existing rate of runoff and
drainage areas should be maintained.
- It is recommended that access to T.H. 101 be limited to 1
one driveway with right turn and by-pass lanes
provided. A permit will be needed before any
II
construction may begin on Mn/DOT right-of-way.
- As you know, Mn/DOT is currently developing preliminary
plans for future T.H. 212 which includes realignment of
II
T.H. 101 near Lyman Blvd. This realignment could
affect existing alignment on T.H. 101 as far south of
Lyman Blvd. as 1000 ' ( +/-) . Because the plan we received
II
did not have exact dimensions on it, we are unable to
determine any impact this might have on the plat. We
would like to receive a plan with specific dimensions
I
in relation to land corners so that a more detailed
review may be made.
II
An Equal Opportunity Employer
I
1
Jo Ann Olsen
October 24, 1988
Page 2
If you have any questions in regard to this review, please
contact Evan Green at 593-8537 . Thank you for your
cooperation in this matter.
e • ,
10"
W. . Crawfo •- - .E%
District Engineer
cc : Steve Keefe - Metropolitan Council
Roger Gustafson - Carver Co.
IF
I
1
I
1
1
.oa.H»E,t NORTH WEST NURSERY WHOLESALE
WMOLEULE
9150 GREAT PLAINS BLVD.
CHASKA. MN 55318
612/445-4088 1
JANUARY 25, 1989 1
MR. STEPHEN HANSON
CITY OF CHANHASSEN
P.O. BOX 147
CHANHASSEN MN. 55317
•t}:2
Dear Mr. Hanson:
In follow-up to your letter of January 10, I would '
request that our application for Conditional Use Permit
#85-1 and Wetland Alteration Permit #88-1 be postponed.
After considering the cost quotes received and the 1
timing involved concerning the additional requirements
from the Planning Commission, we feel rescheduling our
application for a later date would be more appropriate.
I will pursue obtaining the outlined requirements and
contact your staff sometime in October or November.
Thank you in advance for your assistance on our
expansion plans. Should you have any questions, please
contact Jim Wilson or myself at 445-4088.
Sincerely,
'YYl c�k Usti,.. !-I
Mark Van Hoef
MVH/dr
cc: Mr. Jim Parker '
Advance Surveying and Engineering
•
JAN 27 1989
CITY OF CHANHASSEN
C1YOF
I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
612 -
' ( ) 937 1900
August 2, 1989
' Mr. Mark VanHoef
North West Nursery Wholesale
9150 Great Plains Boulevard
Chanhassen, MN 55317
' Dear Mark:
On Friday, July 28 , 1989, the City was informed that filling was
taking place on your nursery site. There was concern as to
whether the filling was occurring within protected wetlands and
if it was in violation of your conditional use permit. The
Building Department visited the site on Friday, July 28 , 1989 and
was instructed by my department to place a stop work order until
it could be determined if the filling was in violation of the
' conditional use permit and/or the wetland ordinance. It was also
determined on Friday that stockpiling of the dirt from trucks
entering the site that day could continue, but could not be
placed near the area where the filling was occurring and that
nothing could occur until proper erosion control was in place.
I visited the site on Monday, July 31, 1989 with Steve Kirchman,
' Building Inspector. Upon visiting the site it was found that
filling was still occurring on site, that filling had gone beyond
where it was stopped on Friday, and that the erosion control was
' not properly installed. At that time we replaced the stop work
order sign from where it had been moved to the edge of the filled
area and instructed employees on the site that all filling was to
' cease and that no more dumping of fill could take place. The
area that is being filled is not in a protected wetland but is
directly adjacent to one, and the filling is an expansion of the
site over what was approved as a part of the 1985 conditional use
permit. Therefore, what occurred on site is in violation of both
the wetland ordinance and the 1985 conditional use permit.
Your conditional use permit and a wetland alteration permit were
reviewed by the Planning Commission in January, 1989 . Staff had
directed you to go through this process since filling of the
wetlands had occurred and you wished to further expand the con-
ditional use permit. At the Planning Commission meeting in
January, 1989 , there were many issues brought up over what
actually was permitted on site, drainage issues with neighboring
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Mr. Mark VanHoef I
August 2, 1989
Page 2
residences, etc. and the item was tabled until further infor-
mation could be provided to the Planning Commission. The City
then received a letter from you dated January 25 , 1989,
requesting that the application be postponed until fall of 1989.
The Planning Department required you to make application to the
City because of the expansion of the conditional use permit and
the filling of a protected wetlands . Therefore, extension to the
application should not have occurred and the Planning staff
should have actively been pursuing the application. Since new
violations have occurred on the site, it is necessary for the
City to again require you to provide the information requested at
the January Planning Commission and that the application con-
tinue. Staff is requesting that the revised site plan and infor-
mation requested by the Planning Commission in January, 1989 be
submitted by the September 25 , 1989 application deadline. The
following are items that need to be submitted with the applica-
tion:
1. Submittal of a new site plan that is legible and complies
with the site plan requirements of the Zoning Code. Enclosed
please find a site plan checklist.
2 . The site plan should clearly depict the location of all
structures , existing topography, proposed grading and
drainage improvements , and label each of the growing areas .
3 . Detailed reasons and justification for the wetland alteration
permit. Enclosed please find a detailed questionnaire for
this purpose.
4 . Provide grading and drainage plans addressing the issue
raised by the- property owner across from your site.
5 . Provide a detailed description of your business, specifically
addressing hours of operation, truck traffic, material
handling, typical length of time that materials are grown on
site, irrigation methods used on site, storage of materials
and number of employees.
6 . Provide justification that your business is a wholesale nur-
sery sery
pursuant to the City Code. Enclosed please find copies
of the definition for both a wholesale nursery and contrac-
tor' s yard and standards for such conditional use permits .
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NORTH WEST NURSERY WHOLESALE
m 4""tr 9150 GREAT PLAINS BLVD.
tn�cnr
' NNOt[LtIL
CHANHASSEN,MN 55317
(612)445-4088
August 14 , 1989
City of Chanhassen
Ms . , Joann Olson
P . O. Box 147
Chanhassen MN 55317
Dear Joann :
' Thank you again for your time and assistance in
explaining the procedures and actions North West Nursery
' Wholesale must pursue inorder to comply with your
August 2 letter . I am currently working with Mr . James
Parker of Advanced Surveying and Engineering Company
' in preparing the requested site information . I am ,
however , very concerned that despite this work and the
expense involved - there still may exist the problem of
clarification of "wholesale nursery" compliance. As I
mentioned in our meeting Friday , these issues - were all
discussed in length at the 1985 council meeting , at
which , the zoning ordinances were ammended to allow for
a wholesale nursery . During these discussions , I came
prepared to detail the operations of a wholesale nursery .
I offered at the final council meeting a complete review ,
including a slide presentation of the Bachman ' s wholesale
operation located in Lakeville , Minnesota . This discussion
did not occur . The reason given was that there did not
seem to be a need for further discussion , no further
problems or questions remained .
I share this information with you at this time
' because there seems to be questions concerning the exact
definition -of a "wholesale nursery , " and North West
Nursery compliance with that definition . Currently North
West Nursery is one of nine operating wholesale nurseries
' within the Twin City market . North West Nursery business
is that of supplying the landscape and garden center
markets with nursery livegoods . On site we have approx-
imately 15 acres in tree and evergreen field production ,
2 - 3 acres of container production , and approximately
2 acres of holding area for balled trees and evergreens .
Our container site consist of container flowering shrubs
and container evergreens all growing in plastic pots .
Many of these shrubs come to the nursery as bare root
shrubs in early spring - they are then potted , fertilized ,
and watered , until grown into saleable sizes . The
evergreen ' s growing in pots also are shipped into the
nursery yard in early spring , and are fertilized and '
grown on site until saleable .
AI I'; 1 f; 1989
'r OF CHANHASSEN
Page 2
411 I
Joann , I must stress that all nursery stock sold at
North West Nursery goes through a period of our growing ,
prunning , watering , and fertilizing . This is consistant
with all wholesale nurseries in this market area. North
West Nursery is not a retail operation , landscape
contractor , nor nursery broker .
I am hopeful that this information will clear up
any concerns that we do not comply with the definition
of a "wholesale nursery . " I am continuing to work toward
preparing all the necessary data for our expansion
approval - I ' m doing so on the basis that the wholesale
nursery issue will not prevent our future operations
at the Chanhassen site.
Thanks again for your help. Please contact me
should you have any further questions . -
Sincerely ,
c„Js I-401A
Mark Van Hoef CC
MVH/dr I
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' REVIN S. AND VALETTE FINGER
9151 GREAT PLAINS BLVD.
CHANHASSEN, MINNESOTA 55317
HAND DELIVERED
July 31, 1989
' Ms. Jo Ann Olsen
Assistant City Planner
City of Chanhassen
' 690 Coulter Dr.
Chanhassen, MN 55317
Dear Ms. Olsen:
As you are well aware we have had a problem with the North West
Nursery Wholesale, (the Nursery) , located at 9150 Great Plains
Blvd. in Chanhassen for quite sometime. Until now my comments
have been limited to telephone calls and city meetings. This
letter is written to take a somewhat different approach.
' I am hereby filing with you, and the individuals listed as
receiving copies of this letter, a Formal Complaint against the
Nursery. I feel the Nursery is in violation of the conditions of
its conditional use permit. It is quite clear to me that the
Nursery has violated two conditions of their permit:
' 1. The Nursery has NOT operated as a "wholesale nurs-
ery" as defined by the City's ordinances.
2 . The Conditional Use Permit 85-1, which pertains to
this property, was approved by the planning commis-
sion and the city council based on the site plan
' submitted with the application. As of this date
the Nursery has NOT, despite letters from the city
planner, planted the necessary screening and in
fact has altered the site plan to fit its needs.
' As you are aware, I have reviewed the City's file in regard to
this situation. Upon reviewing this file I noted various situa-
tions in regard to the property that I feel need to be addressed.
On January 23 , 1985 the Chanhassen planning commission met. In
' Mr. Van Hoef's remarks the minutes read, "He also wanted the Com-
mission to know that they only harvest in the spring and fall and
the storage would be for these crops (burlapped) until- sold. "
The definition of a nursery is as follows (from Section 4 of
Zoning Ordinance No. 47) :
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Page 2 1
July 31, 1989
Ms. Jo Ann Olsen
City of Chanhassen 1
Nurseries: An enterprise which conducts the wholesale
of plants grown on site as well as accessory items
directly related to their care and maintenance (but not
including power equipment such as gas or engine lawn
mowers and farm implements) . ,
From all appearances Mr. Van Hoef knew what the definition of a
nursery was. He stated to the planning commission that he would
operate his business as a nursery. Ever since the spring of 1985
the Nursery has not operated under the guidelines set forth in
the ordinance. All through the spring, summer and fall there are
semis bringing trees in. Even if someone does not believe that
there are semis bringing trees in, all you have to do is look at
the yard. It does not take a very intelligent person to look and
realize the amount and variety of potted and balled and burlapped
trees and shrubs cannot be grown on their 39 acres.
By observation alone (it isn't even necessary to look at their
records to determine the number of shipments they have received
this year) one can tell the Nursery is NOT growing the trees they
sell ON SITE. This is clearly a MAJOR violation of the Condi-
tional Use Permit No. 85-1 that was issued to Northwest Nursery
Wholesale.
According to the permit that was issued the Nursery was to be
laid out as per the site plan submitted with the permit applica-
tion. Accordingly a planting screen was to be put in. There
were communications between the staff and Mr. Van Hoef inregards
to this. Mr. Van Hoef assured the staff that this would be taken
care of by June 1, 1987 . To this day there has not been a per-
manent planting screen installed. This is another direct viola-
= tion of the Conditional Use Permit No. 85-1 that was issued to
the Nursery. The City' s staff has been aware of this and has
been negligent in follow up on this matter.
In 1988 Mr. Van Hoef decided that he would expand the Nursery's
yard. He did this by first expanding to the west, then when he
decided to put up a shade structure he found that his usual tac-
tics
of doing first, then getting approval did not work. He was
then forced to ask to have his site plan revised. He was given a
list of nine items that were necessary for his permit to be
looked at again by the commission. Keep in mind, he was not
given any approval to expand his yard or operate other than as a
wholesale nursery.
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Page 3
July 31, 1989
Ms. Jo Ann Olsen
City of Chanhassen
Attached you will find pictures that I took of this site on July
30, 1989 . These pictures are taken so that there is a permanent,
visual record of the site as of this date. From these pictures
you can see that the Nursery has gone beyond what was approved in
the site plan as approved for the Conditional Use Permit No. 85-
1. You can also note that from the view from my property that
there is no plant screening.
' Upon reviewing these pictures in depth you will also see that
there are many plants on the site, far more than what could have
been grown there. Especially when you look up at the growing
field and see it full.
In the January 18 , 1985 analysis issued by the staff, Ms Dacy,
' stated that "the proposed use should not have an adverse impact
on surrounding properties" . Based on this and other information
(ie. the site plan) the staff recommended that the planning com-
mission adopt the motion for the permit. I am not taking issue
with the Nursery out of spite, I am taking issue with the Nursery
because they have damaged my property and have turned our peace-
ful setting into the constant noise of Bobcat machines and semis
' running from early in the morning to after supper. If they were
truly operating as a wholesale nursery I would not have the
drainage problems nor would I have to put up with the excessive
' noise.
I have sustained a great deal of damage to my property due to the
excessive drainage from the Nursery. A culvert runs underneath
Highway 101 from the Nursery to my property. The normal rainfall
water is not a problem. The nursery waters their trees con-
stantly, because of this we have a constant stream of water run-
ning on to our property. This water has brought with it ten to
twelve inches of sand over a two hundred square foot area on my
property. It has also killed off fifteen, five foot blue spruce
' evergreens. This damage will cost me over two thousand dollars
to repair and replace. Keep in mind the drainage used to be ade-
quate (when the drainage came from a field a grass) it is no
' longer adequate when the water runs constantly.
The noise I have experienced is not that of a wholesale nursery.
In our immediate area there are two places that this can be com-
pared to. The first is on Pioneer Trail in Eden Prairie. There
are a couple of fields operated by Minnesota Valley Nursery. I
stood and listened one day as the men were extracting
(harvesting) trees. In a four hour period the Bobcat only ran
for approximately twenty minutes. You see, most of the work in
harvesting is manual, not machine. The other place is Halla
Nursery.
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Page 4
July 31, 1989
Ms. Jo Ann Olsen
City of Chanhassen
This is not a good comparison as Halla also has retail trade and
thus you would think more noise. The only noises I heard was
cars pulling in and out. Halla does not unload semis of trees
from other growers as does North West Nursery Wholesale. It be-
came quite apparent to me, as it would to you if you performed
the same study, that ' a wholesale nursery does not produce the
amount of noise that the North West Nursery Wholesale does.
As I sit back and look at this whole situation, one thing comes
to my mind. If the Nursery had-and-or-would operate as a
wholesale nursery I would not have any complaints against them.
Let's pause for a moment and analyze this:
1. Problem #1 - Noise. A wholesale nursery ONLY harvests '
trees that it grows on its own property. The Nursery
only has 39 acres. Take away the buildings etc. and
there can't be over 35 acres. The amount of trees they
could grow would limit the noise. Generally trees,
after planting are in the ground two to four years.
The rate at which trees would be harvested would also
limit the noise.
2 . Problem #2 - Drainage. A wholesale nursery would have
the field effecting me planted with trees. None of the
other nurseries around irrigate their growing farms.
You see I am not asking the City to do anything more than to en-
force the ordinances it sets forth. This has been a problem for
quite sometime now. I have over the past three years asked the
Nursery to resolve these problems. All I have received from them
is promises that have never come true. I assumed that last
January, upon the City receiving absolute knowledge of the viola-
tions, the City would begin taking action, but as this has gone
in the past it was evidently been put on a shelf. I understand
there may be other items you have on your agenda that may be more
important to you; however let me make this perfectly clear THIS
IS VERY IMPORTANT TO ME. It would seem to me that when a busi-
ness operates so far beyond the law, for so long and with total
disregard for the law the city should be very concerned about the
situation. Let's keep in mind that in the January 4, 1989 City
planning commission meeting Mr. Van Hoef was made aware in no un-
certain
terms by Mr. Emmings, of the planning commission, •that he
was operating in direct contradiction to the law.
II
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Page 5
July 31, 1989
' Ms. Jo Ann Olsen
City of Chanhassen
In this particular situation I feel the City would be setting a
very dangerous precedent if it decided to do nothing. What are
other businesses or property owners to think if they know that as
' long as their violations are way down on the City's priority list
and as long as they have been in violation for quite some time
they do not have to worry about coming into compliance.
' I want to thank you in advance for your prompt and courteous at-
tention to this matter.
' Sincerely,
1 /
Kevin S. Finger
Enclosures
cc. Mr. Ladd Conrad
cc. Mr. Scott Harr
cc. City Council - City of Chanhassen
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Extension of above photos - View from the north
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September 11 , 1989
Ms. JoAnn Olson
Assistant Planning Director
City of Chanhassen
Dear JoAnn: ,
Just a few lines to let you and the Commission know my feelings
on living next to North West Nursery and their business practices '
relating to my side of the fence.
They have been very respectful to us and our privacy and have ,
been cooperative in not disturbing our living standards with their
business practices. '
Should they continue their business ways in the future, as in
the past, I would support their endeavors to remain here as a busi- ,
ness indefinitely.
Feel free to call me if I can assist in any way to help North '
West and the City of Chanhassen.
Sincerely, ,
BOB//PETERS N
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LAW OFFICES
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GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION
TELECOPIER.
DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359
403 NORWEST BANK BUILDING Einorr B KNETSCH
VANCE B GRANNIS MICHAEL . MAYER
VANCE B GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE J
PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075
DAVID L. GRANNIS, HI
ROGER N. KNUTSON TELEPHONE(612)455-1661
DAVID L. HARMEYER
I
.ALSO ADMITTED TO August 29, 1989
PRACTICE IN WISCONSIN
Ms. Jo Ann Olsen
Chanhassen City Hall
I 690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
II RE: North West Nursery Wholesale
Dear Jo Ann:
I You asked me if North West Nursery Wholesale qualifies as a
wholesale nursery under the City ' s zoning ordinance since they
grow some nursery stock in pots rather than in the ground.
ISection 20-1 of the City Code defines a "wholesale nursery"
as :
II An enterprise which conducts the wholesale of plants grown
on site as well as accessory items directly related to their
care and maintenance (but not including power equipment such
IIas gas or engine lawnmowers and farm implements) .
The definition does not require that the plants be grown in the
II ground rather than in pots. As I mentioned before, "zoning
ordinances should be construed strictly against the City and in
favor of the property owner. " Frank ' s Nursery Sales v. City of
Roseville, 295 N.W.2d 604, 608 (MN. 1980 ) . Based upon the City' s
II definition of wholesale nursery and considering that the
ordinance has to be construed in the property owner 's favor, my
conclusion is that North West Nursery qualifies as a wholesale
Inursery.
Very truly ,.urs,
' GRA ■ ' - , GRANNIS, FARRELL
11 NUTSON P A
II ...4111111111■B
: .•er N. Knutson
RNK:srn
'C' r ( f
I fAU LI b 1989
(AP( OF CHANHAJSEN
. II
CITY O F
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Jo Ann Olsen, Senior Planner ,
FROM: Dave Hempel, Sr. Engineering Technician ?
DATE: October 5, 1989 _
SUBJ: Proposed Drainage Solutions/Modifications to '
Northwest Nursery Wholesale
File No. 85-1 Conditional Use Permit
Upon review of the plans prepared by Advanced Surveying & Engineering dated ,
September 5, 1989 on behalf of Mark Van Hoef, I offer the following comments:
ALTERNATE #1 1
This alternate as proposed is basically accurate. This solution would also eli-
minate the routine washing of sediments and debris now washing through on to the
neighbor's (Mr. Finger) property by the watering of nursery stock.
If this alternate is constructed, a better design would be to move the proposed
storage sedimentation pond upstream to the south side of the driveway where the
pipe begins. Debris and sediments would then be collected in this area and
therefore eliminate potential plugging of the pipe together with reducing
environmental impacts on the downstream wetlands. In addition, this new loca-
tion would be much easier for the applicant to maintain.
ALTERNATE #2
I concur that this solution would be a better one although debris and sediment
would continue to be washed into the proposed ditch from the nursery and would
require periodic cleaning.
GRADING AND EROSION CONTROL
The plans propose filling and re-grading an area over the northeasterly portion
of the site. The area is proposed to be seeded with dormant seed because of the
time of year. The seeded areas should also be mulched. ,
The plans do not designate areas for erosion control measures. The plans should
be modified to incorporate erosion control along the base of the fill area and
along Trunk Highway 101. Type III erosion control is recommended because of
potential impact on adjacent wetlands.
c: Gary Warren, City Engineer
14r' II
1
' NORTH WEST NURSERY WHOLESALE
9150 Great Plains Boulevard
Chanhassen, MN 55317
September 25, 1989
Ms. JoAnn Olson
CITY OF CHANHASSEN
P. 0. Box 147
Chanhassen, MN 55317
Dear Ms. Olson:
Per our meeting of September 15th, I am enclosing the following information regard-
ing issues for the upcoming City Council meeting on October 9th.
' SECTION A: Complete descriptions of the operation and activities
involved on site at North West Nursery Wholesale.
SECTION B: Listing of the progress on issues which are of concern
to the October 9th City Council meeting:
' - drainage issue on highway 101;
- fill area on hillside north of shade structure;
- shade structure location;
- screening of property along Highway 101.
' SECTION C: Outline of further desired improvements which have previously
been discussed and presented to the Planning Committee.
' SECTION A
On February 5, 1985 North West Nursery Wholesale was approved as "conditional
use permit for a wholesale nursery." It was discussed in some detail at this city
council meeting the extent of those activities concerning wholesaling. The major
concern was to clearly define that no retailing was to be permitted on site.
' The site plan presented at the meeting depicted site locations designated as both
growing areas and holding areas. Discussion was held as to future expansion desires
for future production requirements. These needs focused on greenhouse/propagation
facilities and more holding areas. After approving our conditional use permit,
plans were started on opening our operation in the Spring of 1985.
First year operations on site were very limited due to capital availability.
Use of the site was limited to a small holding area involving inventory levels of
trees and shrubs. Some space behind the barn was also used for a plant holding area.
For both holding areas no improvements or changes were made except for the spreading
' of wood chips over the existing holding areas. The barn was used for limited
storage of equipment and supplies. The 1985 employment included one full-time
office staff, one full-time yard manager and four to six part-time laborers. Field
work was limited to approximately 7 acres of shade and ornamental tree plantings.
1 Year two we expanded the holding area. The focus of our 1986 business season
was to offer our customer base a complete line of nursery stock, to allow our pro-
gram to be competitive with the other wholesale nursery operations within the metro
market area. This holding area expansion moved into space which originally was
listed as growing area. This area was already properly leveled, which only required
the installation of irrigation lines to water all the holding inventories. A second
(2) ' 1
well was installed in 1986 to ensure ample supply and proper quality water levels.
Employee totals for 1986 were: one yard manager, one assistant yard manager, two
II
part-time office staff, and four to eight part-time laborers. Field operations
included the expansion of 2 acres of shrubs and evergreen field plantings on site,
plus 10 acres of tree plantings on the adjacent leased ground.
II
Year three we increased our holding area behind the barn. This ground was
originally used as an extended pasture and livestock pen area. The fences were II taken down and wood chips were spread to provide ample drainage for the potted
flowering shrub crops currently utilizing the space. Irrigation was added to provide
the shrub crops with required water needs. All field growing expansion was taken
off site to an additional farm west of the existing site. Additional field planting
II
was considered on site; however, the wet spring weather prevented proper preparation
of the remaining lower field areas, so all field planting was done at the new farm.
With the new farm operation available, most field equipment, watering tanks and
II
fertilizers were taken off site. This reduced our machinery on the site to include
only: one 35 h.p. tractor, two wagons, two bob-cat loaders and one pickup truck.
The new farm location also reduced most semi-truck loading requirements at the II Chanhassen site. Whenever possible, early spring and fall field direct orders
were shipped from the new site. The employee totals for 1987 included: one yard
manager, one office staff person, one sales staff person, one production/yard
assistant and 6 to 10 part-time laborers.
II
Year four the elimination of two small on-site buildings were completed. Both
buildings were old, damaged and presenting a safety hazzard. Upon the removal of II these buildings the ground in between was smoothed and wood chips were spread over
the area. After irrigation was set up on this site, the area was used as an
additional holding area for shrubs and evergreens. After the heat and drought
conditions continued into June we contacted the city for approval of a shade
II
structure for the protection of heat sensitive plants. The structure was constructed
on July 5 and 6. Field operations on site were limited mainly to the continued
maintenance of the existing fields. All new plantings were done on the new farm.
Employee totals for 1988 included: one yard manager, one sales person, one yard
assistant, one office staff person, and 6 to 10 part-time laborers.
Year five, 1989, no expansion was considered. The focus of the site was to
II
improve the grounds with landscaping, grading and screening. An attempt to improve
the hillside on the Highway 101 approach to the nursery was a top priority. The
Fill and sloping of the existing hillside was required in order to begin the plant '
screening of the shade structure and holding area. Land fill was brought on site
to begin the project. Because proper permits were not obtained for grading, the
entire project was stopped.
II
1989 employee totals were the same as 1988. The total business growth from
the year previous remained constant. All field expansion was done off site. Again,
field planting was considered on lower fields; however, until the wet land alteration
issue is resolved, we have done no further planning.
Some concluding comments on the overall operation and the activities involved II would include:
1. Nursery stock growing in field (field inventories include trees, ever- II greens, large shrubs).
2. Production in container growing (items grown in containers include shrubs;
evergreens and groundcovers).
II
II
1
(3)
' 3. Inventories of accessory landscape items (wood chips, mulch, rock, edging,
timbers, etc.).
Our overall operation consists of marketing a full line of products used in
the landscape trade. Much of our product is completely grown on site, other items
are purchased and brought on site to finish growing into saleable sizes. We consider
' all livegoods sold through North West Nursery as continuously growing. All products
on site receive continuous care with watering, prunning, fertilizing and some up-
grading. The operations major business months are from May to October. The levels
' of business focus on when weather conditions allow outdoor landscaping. Our peak
month is May, when shipping, receiving, potting, planting and inventory maintenance
must occur. Field planting is done in early May. Field Harvesting occurs both in
early spring and again in fall. The overall growth of our sales has remained
relatively constant from 1987. We do hire local people to staff all positions.
Any additional details on the operation and our activities can be provided upon
' request.
SECTION B
' The following information is a progress report on the area of concern for the
upcoming council meeting:
1 1. Front drainage;
2. Fill area;
3. Shade structure;
' 4. Screening.
1. Front drainage.
' The front drainage issue is being addressed by our new proposed site plan.
Currently we are continuing to work with the State Highway Department in
hopes of altering the future water flow to follow along Highway 101 to
connect with existing water flow at the northeast property corner. If
approved by the necessary people, the project would be done with highway
supervision with the Highway Department providing the proper excavation
grades, new culvert placement, and ditch construction to prevent further
run-off on property across the road. Should this plan not be obtainable
we have outlined a contingency plan of using a catch basin and drain pipe
to keep all water run-off on our site. The water would be captured by
use of burms and catch basins, then piped along the highway until joining
with existing drainage waterways. Upon completion of the drainage system
further grading and screening would then be offered as a final step to
the project.
2. Fill area.
The area where land fill was started then stopped is still a project we
desire to pursue. As previously stated, the major focus of our expansion
for 1989 was to improve the site appearance and efficiency. The fill
project was begun to allow the capability of finalizing the screening of
holding area with plant materials. It was also our intention to pursue
this area to allow the improvement of the hillside overall appearance.
This hillside is the first visual contact one has with our operation, and
it remains our desire to improve this area. The project itself has been
researched before and presented to the Planning Committee. We had all
interested and required people visit the proposed site, as follows:
(4) 1
* U. S. Fish and Wildlife - Paul Burke,
;; Corp of engineers - Jerry Smith,
* U.S. EPA, Region and Water - Catherine Garva
:; City of Chanhassen - Mark Koegler '
No objections or problems were given during our initial presentation.
Our hope continues to focus on using this area as a well-maintained and
well-groomed site, thus enhancing the overall appearance of the entire
operation.
3. Shade structure.
The problems concerning the shade structure are all directed to the non-
compliance of set-back requirements. Upon verbal approval North West
Nursery minunderstood the required set-back to be 50 feet, rather than
100 feet. Since the structure is merely a supporting post and snow-
fencing top, it can easily be moved to conform to any requirements. It
was mentioned in Planning Committee discussion that since the existing
house is further outside the 100 foot compliance requirement, it might
give the shade structure special consideration to remain at its present
location.
The original intent was to screen both the east and north sides of the
shade structure with plant materials. The screen has been on hold until
the location of the structure is finalized, and the fill area can provide
proper space for screen planting.
4. Screening.
Wd have limited the current landscaping and site screening until the
final site plan is approved. It should be clearly understood that since
we are in the business of selling wholesale plant materials, it would
greatly benefit our program to have an attractive and well groomed site.
I would remind those interested that since moving onto the side many
visual improvements have been made. Listed below are only a few of
the improvements we have made which all can easily be seen from Highway 101:
- removed corn crib
- removed hog building '
- repaired and painted house
- repaired and painted barn
- removed chicken house
- removed machinery building
cleaned up dump area between buildings
- landscaped ground around house
- continued improvement of road entrance
- removal of all diseased elm trees
- planting of large conifer screening on southeast property line
We wish to continue to improve the entire site appearance. Our priority I
remains the upgrading of site grooming along Highway 101.
SECTION C '
Further inprovements and expansion desires are focused mainly on improved
presentation and increased efficiencies. The expansion propose center around the
lower flowering shrub container area. We would hope to utilize the additional area
for shrub production. This would require some Class "B" wetland alteration. We have
(5)
worked with local DNR and U.S. Fish and Wildlife people, and offered some improve-
ments on site if the project was approved. Both offices liked the idea of perman-
ent ponds and drainage improvements.
' The field expansion on the boundary of the wetland area has also been pursued.
We had hoped to put this lower field back into evergreen production. Up until our
' possession this area was crop farmed. The field production plan was discussed
with the U.S. Fish and Wildlife and the Corp of Engineers representatives. Neither
organization had any reservations, and each verbally approved the plan.
This concludes my written report on all matters you have requested. Both Jim
and I are most anxious to resolve the continued issues involving our site, and the
operation usage of our business. Most of the problems are a result of a lack of
' communication on our part to the City Planning staff. We, at North West Nursery,
look forward to resolving these matters, and hope we might continue to improve our
site's appearance to us and the overall community.
Sincerely,
tb A
Mark Van Hoef
MVH/dn
I
I
1
I
1
I =nci !Thirr.3t=rrias
EARL HOLASEK & SON GREEN H thi ,
-.11■400° 8610 Galpin Boulevard
o
Chanhassen, Minnesota 55317
• 4S4‘<c 474-6669 474-5459
HOLASEK
Se-vtember 9, 193Q
To .:Thom it may concern, 1
Hy farm land borders fl.fl. I'uraery -Fholesalers and I have been
informed that there seems to be a roblem -ith some of his
neighbors across the street. -e h-ve not had any -roblems
yith this com-Dany et nil. In fact the trees, etc . have been
advant-igous to my -roerty, not a hinderance. I 'could much
rather have trees to look at, than to have manure
co-Ts, feed , silage, etc. to -tat un -ith. The 7ater has never
been - roblerq for un, (7oC made r-1-,E';r run do-nn h111. :1th
the -)OT of Ilinnesota hving ')ro-)osnla-, for redoing the road or
high7ay in the future, I reel it -ould be very costly for the
ta --ayers to re- 'o the road to or three times, yhen it could
I
be Cone only once.
i:ark Van 7.1off company have ' Lays been a rliling -nd
hel-yful neighbor to have, and I you1,2 much r-ther have him and
his coimr)any fls a neighbor than a bunch of housec, 'cithout ny
trees or beutific-tion of any kind. I
7incerelv,
f igla-Z14
Hr l J. 'olasek
7r,)sjdont of 7olasek creerhou:-es Inc.
1 ,
September 3, 1989
Ms. Jo Ann Olson David R. Blanski
Assistant Planning Director 9350 Great Plains Blvd.
City of Chanhassen Chanhassen, MN 55317
690 Coulter Street
Chanhassen, MN 55317
I
Dear Ms. Olson;
' My property is adjacent to North West Nursery Wholesale on the south side.
Since I have lived there they have operated their business in a manner
' that does not disturb my family in any way. In fact I feel they have gone
out of their way to be good neighbors and have improved the appearance
of their property.
' As long as they continue to operate in a responsible manner they will have
my continued support.
' If I can answer any questions, please contact me at 445-2849.
Yours Truly,
fq?
David R. Blanski
t
cc: Mark Van Hoef
North West Nursery Wholesale, Inc.
9150 Great Plains Blvd.
Chanhassen, MN 55317
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