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CAS-10_BLUFF CREEK GARDENS - 850 FLYING CLOUD DRIVEV 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. r I CITY OF CIIANIIASSFN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.2271110 141 November 16, 2015 Christopher Hagen 850 Flying Cloud Drive Chaska, MN 55318 Re: Interim Use Permit #96-02, Garden Center Dear Mr. Hagen: up 010-1GC&a.. The City of Chanhassen recognizes that your property, 850 Flying Cloud Drive, is currently noncompliant with the conditions of Interim Use Permit (IUP) #96-02 (see attached). The City understands the difficulties facing businesses in regards to the construction on County Road 61 /Flying Cloud Drive. Due to the construction, the City will not be scheduling IUP compliance inspections for your property until after completion of the road construction; however, you are encouraged to meet the conditions of your IUP prior to the completion of the road construction. Once construction is completed, the property must be brought into compliance with the interim use permit. It is the intention of the City to work with you to bring the property into compliance with Recreation Center the interim use permit. Please contact me if you plan to bring the property into 2310 Coulter Boulevard compliance prior to the completion of the road construction or with further questions and Phone: 952.227.1400 concems. I can be reached by phone at 952-227-1132 or by email at Fax: 952.227.1404 dingvalson@ci.chanhassen.mn.us. Planning 8 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works Sincerely, 7901 Park Place c/�) PFax:952,22271300 Fax: 952.2271310 Drew Ingvalson Senior Center Planner Phone: 952.227.1125 Fax: 952.2271110 Enclosures Website www.ci.chanhassen.mn.us ce: Kate Aanenson, Community Development Director g:\plan\cup iup wap\annual inspection documents\g = garden's iup 96-02\c ty road 61 letter of noncompliance drafl.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning fur Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BLUFF CREEK GARDENS - PLANNING CASE NO. 2013-10 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: Wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-2 IUP — Planning Case 2006-15 and herein amended Planning Case 2013-10 to allow the alteration of the property within the Interim Use Permit is issued for the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along CSAH 61/Flying Cloud Drive to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from CSAH 61/Flying Cloud Drive. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. It. Drainage in the CSAH 61/Flying Cloud Drive right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the NP amendment activities. 0 i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. j. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. in. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. ' o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to CSAH 61/Flying Cloud Drive and Highway 101 (southeast corer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and CSAH 61/171ying Cloud Drive. q. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 am. to 10:00 p.m. r. Exterior light sources shall be shielded. s. No outside speaker system shall be allowed. t. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. u. The applicant shall work with staff to develop signage that will comply with city ordinances. v. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH 61 /Flying Cloud Drive. 0 i w. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. x. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. Y. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. z. No grading of the property shall be permitted unless a grading permit is obtained from the City. aa. The applicant shall work with Carver County in examining the possibility of relocating the access point on CSAH 61 /Flying Cloud Drive further to the west and providing a deceleration lane along westbound CSAH 61 /Flying Cloud Drive in conjunction with the CSAH 61 /Flying Cloud Drive improvements. bb. All loading or unloading should be done on site and not blocking either CSAH 61/Flying Cloud Drive or Highway 101. cc. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. dd. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 3 0 Dated: May 28, 2013 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN 1;7— BY: 1 L L Tom Furlong, Mayor AND• odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this Nsfday of 2013, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N Y PUB C DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 DTtaI#MKAREN 2015 9:�Plan\2013 Planning mm\2013-10 bluff creek gardens iup amendment\ammded iup.doe 0 0 6 EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Westem Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last northwesterly right-of-way line terminating. (361,778.85 sq. ft — 8.30 acres) described line, a distance of 232.05 feet to the of State Highway 101 and said line there IF 0 0 CAMPBELL KNUTSON November 5, 2013 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: Pursuant to your letter of September 17, 2013, enclosed herewith for your files is the original recorded Amended and Restated Interim Use Permit #96-2. Please note that this Interim Use Permit was recorded with the Carver County Recorder on October 10, 2013, as Document No. A 585554. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Professional Association By: Carole J. Hoeft Legal Assistant RECEIVED NOV 8 - 2013 CITY OF CHANHASSEN SCANNED A CARVER COUNTY RECORD ER/REGIST- - - - ---- -- DOCument No. OFFICE OF THE DOCUMENT CC A 585554 COUNTYRECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on October 10, 2013 4:30 PM Fee: $46.00 uiwi�uiu DOCUMENT TITLE: DOCUMENT DATE: DOCUMENT NAMES: RECEIVED NOV 8 - 2013 Mark Lundgren County Recorder CITY OF CHANHASSEN u CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BLUFF CREEK GARDENS - PLANNING CASE NO. 2013-10 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: Wholesaletretail nursery use on property located in the Agricultural Estate (A-2) District 2. Property. The permit is for property situated in the City of Chanbassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-2 IUP — Planning Case 2006-15 and herein amended Planning Case 2013-10 to allow the alteration of the property within the Interim Use Permit is issued for the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. C. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along CSAH 61/Flying Cloud Drive to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from CSAH 61/Flying Cloud Drive. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. g. The accumulation of nursery waste shall not be permitted on site. h. Drainage in the CSAH 61/Flying Cloud Drive right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the IUP amendment activities. 0 0 i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. j. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. in. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to CSAH 61/Flying Cloud Drive and Highway 101 (southeast corer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and CSAH 61 /Flying Cloud Drive. q. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 am. to 10:00 p.m. r. Exterior light sources shall be shielded. s. No outside speaker system shall be allowed. t. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. u. The applicant shall work with staff to develop signage that will comply with city ordinances. v. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH 61/Flying Cloud Drive. 0 0 w. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. x. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. y. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. z. No grading of the property shall be permitted unless a grading permit is obtained from the City. aa. The applicant shall work with Carver County in examining the possibility of relocating the access point on CSAH 61/Flying Cloud Drive further to the west and providing a deceleration lane along westbound CSAH 61/Flying Cloud Drive in conjunction with the CSAH 61/Flying Cloud Drive improvements. bb. All loading or unloading should be done on site and not blocking either CSAH 61/Flying Cloud Drive or Highway 101. cc. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. dd. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 3 0 Dated: May 28, 2013 (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER 0 CITY OF CHANHASSEN BY. 1 "'e"'^^ Tom Furlong, Mayor AND, -'10j J'\ A odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this Asiday of�, 2013, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N Y PUBIX DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 KAREN J. ENGELHARDT Notary Pubuc•Minnesota My Commission Ezpjm3 Jan 31, 2015 gAplan\2013 planning cases\2013-10 bluff creek gardens iup a mendment\amended iup.doc 13 W4113 -3r1". That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway 101 and said line there terminating. (361,778.85 sq. R — 8.30 acres) Of , CITY OF CHANH• SEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/17/13 2013-10 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/28/13 96-2 Restated and Amended Interim Use Permit 96-2 (Bluff Creek Gardens ❑ FORBIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Skip Cook ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNE it h <im euwi en, (952) 227-1107 SCANNED Uenclosures are not as noted, kindly notify us at once. 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BLUFF CREEK GARDENS - PLANNING CASE NO. 2013-10 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: Wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-2 IUP — Planning Case 2006-15 and herein amended Planning Case 2013-10 to allow the alteration of the property within the Interim Use Permit is issued for the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along CSAH 61/Flying Cloud Drive to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from CSAH 61/Flying Cloud Drive. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. h. Drainage in the CSAH 61/Flying Cloud Drive right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the IUP amendment activities. i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. j. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. in. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to CSAH 61/Flying Cloud Drive and Highway 101 (southeast comer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and CSAH 61/Flying Cloud Drive. q. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m. r. Exterior light sources shall be shielded. s. No outside speaker system shall be allowed. t. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. u. The applicant shall work with staff to develop signage that will comply with city ordinances. v. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH 61 /Flying Cloud Drive. 0 w. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. x. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. y. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. z. No grading of the property shall be permitted unless a grading permit is obtained from the City. aa. The applicant shall work with Carver County in examining the possibility of relocating the access point on CSAH 61/Flying Cloud Drive fimrther to the west and providing a deceleration lane along westbound CSAH 61/171ying Cloud Drive in conjunction with the CSAH 61/Flying Cloud Drive improvements. bb. All loading or unloading should be done on site and not blocking either CSAH 61/Flying Cloud Drive or Highway 101. cc. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. dd. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. • Dated: May 28, 2013 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY7 IL A %r Tom Furlong, Mayor AND odd dt, City Manager The foregoing instrument was acknowledged before me this 3Asfday of , 2013, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 r � WE 11 , • . :lP• KAREN I ENGELHARDT � Notary Public -Minnesota Si•�. , "` My commisslon E,oms Jan 31. 2015 g:tplan\2013 plaemng casts\2013-10 bluff creek gardens hip a mendmant\amended iup.doc II EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway 101 and said line there terminating. (361,778.85 sq. ft — 8.30 acres) _)PI�4 No delinquent taxes and transfer entered: Certificate of Real Estate Vahte ( ) Filed ( ) Not Required CRV # LatrleMo,20 .T�oe asurer Deputy Document No. A581359 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt N RA 201300008675 Certified Recorded on July 26, 2013 1:14 PM Fee 696 00 VIII VIII VIII I III Mark uCounty Rec oder QUIT CLAIM DEED Individual(s) to Individual(s) Minnesota Uniform Conveyancing Blanks Form 10.3.1 (2011) DEED TAX DUE'S 7.65 DATE: June 'Z 2013 FOR VALUABLE CONSIDERATION, Skip S Cook and Teri A Cook, husband and wife mom✓aaYireai (insert nam¢ antl manml5faus bleach G+enta� hereby conveys and quitclaims to Skip S Cook (`Grantor'). ove7 nave Keach Grar4w) in Carver (`Grantee') real property County. Minnesota. legally described as follows: See attached Exhibit "A" Deed Tax of $ 1 ..4. paid on —L£ I (pate) Conservation Fee Paid Laude Davies Carver County Auditor•Tresaurer Tc2M� C'Ur.1wt��2�t,,v.�.� =�1i15 CV�rJ�Y4N.� 1S 9jOo � Com. Check here if ad or partof the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. ck Ll The Seller box: Grantor :] The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has p arwe, been electronically filed (If electronically fled, insert WDC Sk S C ok number L ❑ 1am familiar with the property described in this instrument and hael Teri A cook t+ I certify that the status and number of wells on the described syre real property have not changed since the last previously filed well disclosure certificate. 1 or 2 SCANNED City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: / (Check one of the following:) V That City suodivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument t as been approved by the governing b3dy of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated:-3t&V%4r 2—D-j 2,013 By Deputy C�anhanhassen City Clerk ^ Printed Name: "46er+ 1�sLA�LS � • 0 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.1 State of Minnesota. County of � -,P &D t J This instrument was acknowledged before me on —3,,) N1 —L `. 7—d\;3 . by Skip S. Cook and Teri A Cook, husband )m Wayryeay and wife pnaert name and marks Vats leach Grana) (Stamp) TIMOTHY A. NETZELL ° Notary Public State of Minnesota My commission Explles January J1 . 2015 t�iHIS INSTRUMENT WAS DRAFTED BY: or name arid&ddress) Netzell Legal Services, PLLC 7900 International Dir #200 Bloomington. MN 55425 i srpnatwe d me+a' dlKn) Title (and Rank). My commission expires: (mordhklay/yea'.I TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: pmwt lepal name and residenuaf a business address of Grenw) Skip S. Cook r /.SSec Vtllaye wads Drive Edeh 4AIrie, mc5b0 y7 0 EXHIBIT "A" That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116, Range 23 West of the Fifth Principle Meridian, which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies easterly and northeasterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast Quarter of said Section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway No. 101 and said line there terminating, Carver County, Minnesota. Administration Re: Planning Case #2013-10 Phone: 952.2271100 May 29, 2013 CITY OF CHANIIASSEN Dear Mr. Cook: 7700 Markel Boulevard Mr. Skip Cook 15506 Village Woods Drive PO ox 147 Chanhasssen, MN 55317 Eden Prairie, MN 55347 Administration Re: Planning Case #2013-10 Phone: 952.2271100 Amendment to Interim Use Permit 96-2 Fax: 952.227.1110 Dear Mr. Cook: Building Inspections Phone: 952.227.1180 This letter is to confirm that on May 28, 2013, the Chanhassen City Council approved an Fax: 9522271190 amendment to Interim Use Permit 96-2 to permit you to adjust the lot lines of the Engineering property covered by the Interim Use Permit for the Garden Center located at 850 Flying Phone: 952.227.1160 Cloud Drive to remove area 4 from the garden center. Approval of the amendment Fax: 952.2271170 revised the conditions of approval for the garden center. The conditions of approval are as follows: Finance Phone: 952.227.1140 1. The applicant shall submit vehicular use area measurements. Fax: 952.227.1110 Park 6 Recreation 2. The applicant shall install landscape islands or peninsulas based on the overall Phone: 952.227.1120 area of the vehicular use area. Fax: 952.227.1110 3. The applicant shall install overstory trees in the parking area in quantities as Recreation Center required by City Code. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 4. Bufferyard plantings will be required along CSAH 61/Flying Cloud Drive to screen the parking lot. Planning & Natural Resources 5. Bufferyard plantings may be required in front of the stone sales area and mulch Phone. 952.227.1130 bins depending on the visibility of these areas from CSAH 61/Flying Cloud Fax:952.2271110 Drive Public worts 7901 Park Place 6. Landscaping storage and disposal activities shall be prohibited within 50 feet of Phone: 952.227.1300 the drainage way which runs along the northwest corner of the property. Fax: 952.227.1310 7. The accumulation of nursery waste shall not be permitted on site. Senior Center Phone: 952.227.1125 8. Drainage in the CSAH 61/Flying Cloud Drive right-of-way and Highway 101 Fax: 952.227.1110 right-of-way shall not be modified or changed as part of the IUP amendment Web Site activities. www.ci.chanhassen.mn.us 9. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Skip Cook May 29, 2013 Page 2 10. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. 11. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 12. Applicant must fill out the aboveground storage tank installation permit application. 13. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. 14. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. 15. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. 16. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to CSAH 61 /Flying Cloud Drive and Highway 101 (southeast comer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and CSAH 61 /Flying Cloud Drive. 17. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 am. to 10:00 p.m. 18. Exterior light sources shall be shielded. 19. No outside speaker system shall be allowed. 20. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. 21. The applicant shall work with staff to develop signage that will comply with city ordinances. 22. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH 61/Flying Cloud Drive. 23. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. 24. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. 10 0 w Mr. Skip Cook May 29, 2013 Page 3 25. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. 26. No grading of the property shall be permitted unless a grading permit is obtained from the City. 27. The applicant shall work with Carver County in examining the possibility of relocating the access point on CSAH 61/Flying Cloud Drive further to the west and providing a deceleration lane along westbound CSAR 61/Flying Cloud Drive in conjunction with the CSAH 61/Flying Cloud Drive improvements. 28. All loading or unloading should be done on site and not blocking either CSAH 61/Flying Cloud Drive or Highway 101. 29. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. 30. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. Please note that all landscaping material and equipment must be removed from area 4, the area of the site to be transferred to the property to the north. You will need to provide the City with an executed deed to complete the lot line adjustment. The City will then record this deed and the amended and restated Interim Use Permit with Carver County. If you have any questions or need additional information, please contact me at (52) 227-1131 or 1bgenerous(a)ci.chanhassen.mn.us. Sincerely' - Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Jerry Mohn, Building Official Paul Oehme, City Engineer g:Nplan\2013 planning cases\2013-10 bluff creek gardens iup amendment\appm"1 letter.dm a Chanhassen City Council — May 28, 2013 May 10th. Was recognized right in this room with a bunch of city employees. We had at our banquet the week before had also recognized Mark so he's 25 years as a full time fire marshal here in the city which is also a milestone this year and a 40 year member, and he still gets up at 3:00 a.m. for those midnight or late night calls so we really appreciate Mark's service. As you know Dale retired and he was our Battalion Chief and we replaced Dale with John Murphy who was a Captain. 21 year member and John, we're excited to have John in that role. He was recently promoted to that position. We've got 4 probationary fire fighters that will finish their one year probation at the beginning of next month on July 8'h at the annual Black Hat Ceremony, It's Monday, July 8`h at 7:00 at our main station. All are invited. Year to date on calls. We're up about 40% from last year but last year we were really down so we're probably a little over the average. Maybe single digit. Low single digit percentage so kind of on pace, and I think a month ago I was talking about fire danger, with all, it was so dry and I think we caught up really, really quickly. I wished we'd stop catching up at this point though. I'm ready for summer so, we've got a great recruit class in. Probably the best one we've ever had and so we're excited about bringing on some new folks too so take any questions if you have any. Mayor Furlong: Great, any questions for Chief Wolff .9 Thank you again for the service the fire fighters do and the department does with the American Legion for Memorial Day, we appreciate that. Chief John Wolff: You bet, thank you. BLUFF CREEK GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2): LOCATED AT 850 FLYING CLOUD DRIVE: APPLICANT: SKIP COOK Mayor Furlong: Let's start with a staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. This item appeared before the Planning Commission on May 21' and they did recommend approval of the request. Again the applicant is requesting an Interim Use, amendment to the Interim Use Permit to allow for a lot line adjustment. Typically a lot line amendment, when it's not a subdivision can be done administratively but we altered or made amendments to the City Code a few years ago when we found it was problematic when we had a conditional use and someone was allowed to alter their lines and it may impact the standards of that conditional use or the interim use so for that reason, for the lot line adjustment to go forward we need to amend the Interim Use so it remains consistent with the parcel. So the subject site is at the bottom of the Y. Flying Cloud Drive, County Road 61 and 101. There's a garden center there currently and the property owner also owns the house behind in this area here. So the entire parcel is 10 acres. The resulting parcel with this split would then be 8.3 acres and I'll go through that in just a minute here. Just wanted again to kind of frame up where this property is. This property is all agricultural right now so again we do provide conditional uses and interim uses in this area where we have no municipal services to allow some reasonable use of the property. For example across the street we had the driving range and in this particular instance we do allow the agricultural landscaping businesses on the conditional use. In looking at the future of this area, the property again is in the black circle there is guided for office park and office also to, along County Road 61 as we look at the new river crossing, the upgraded 61. We also have office then to the east of 101 and then further to the west along the city limits it would be high density residential. As you know with the County upgrade the City Engineer and myself are also looking at kind of how, and the Planning Commission and also the Council, how these properties would be developed in the future and providing additional access so in reviewing this application we wanted to make sure that we weren't jeopardizing any of those future access points to allow for development. I just want to point out too that we did put a stall on their potential commercial. We didn't specifically a site but we'd evaluate that in the future as we move forward as we talk about maybe some support 13 -Io SCANNED 0 0 Chanhassen City Council —May 28, 2013 commercial somewhere down in that area depending upon how it all aligns up. I think this is kind of serendipity. It looks like it's right where the round about may be. So this is how the property currently is being used and the Interim Use there were specific identifying how this property would be used so Area 4 is actually the area that's going to be split and joined from the Interim Use Permit. So they identified Areas 1 and 2 again with the Interim Use, how they'd be used. 3 would just be for the storage and then 4 would be kind of the, was really to be added to planting. To provide screening to that house to the north. So this is approximately where that lot line would go. Kind of creating that new lot so the interim use then would just be the rest of the 8.3 acre parcel. Again this could have gone forward without any approvals but for the fact of the Interim Use so this property now is not part of that landscaping business so it changes that from the 10 acre parcel then to the 8.3. So with that the Planning Commission did recommend approval. We did have some conditions of approval. There are 3 on there but we are supporting this, as did the Planning Commission so we're recommending that you approve it and I'd be happy to answer any questions you may have. Mayor Furlong: Thank you. Any questions for staff? Seeing none, is there any comments or thoughts from council members? Mr. McDonald. Councilman McDonald: No, I have none. Mayor Furlong: Oh I'm looking at Mr. Laufenburger hitting his button and I said your name. I apologize. Mr. Laufenburger. Councilman Laufenburger: See how much sway you have on this council Mr. McDonald. It seems very appropriate. I congratulate the staff for doing the work to make this happen. I have no questions and I would support it. Mayor Furlong: Thank you. Any other thoughts? Obviously there are, as Ms. Aanenson mentioned, the work that the County and MnDOT are doing with the upgrade of the river crossing and County Road 61 goes right by this property so it's nice that we, while this is coming forward now, obviously to my knowledge it doesn't effect any of the street improvement projects or any of the design work that's taken place there. Kate Aanenson: No, and we want to make sure that both parcels had continued access so we don't have to buy somebody out for taking an access point and typically we don't like, while it's agricultural, one is a conditional use. The home to the back, although it looks like there's some quasi type of uses on there so ultimately when we come down with urban services we'd certainly see this area being developed. Mayor Furlong: Redeveloped. Kate Aanenson: To a higher and better use. Mayor Furlong: Yep, understand. Okay. If there are no other comments, would somebody like to make a motion? Councilwoman Ernst: Sure I'll move. Mayor Furlong: Could you bring the motion back up on the screen? Kate Aanenson: Yep. Mayor Furlong: Thank you. Councilwoman Ernst. a Chanhassen City Council — May 28, 2013 Councilwoman Ernst: I make a motion that City Council approve amendment to the Interim Use Permit subject to the existing restated and amended Interim Use Permit with conditions and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the attached Findings of Fact and conditions: 1. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued access to the garden center from this driveway. 2. Any stored landscape material or plants must be relocated from Area 4 to the Areas 1-3. 3. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: I'd like to start, oh I'm sorry. Councilwoman Ernst, do you have something? Councilwoman Ernst: No, I was just going to talk about Memorial Day and the event that we had. Mayor Furlong: Thank you. Councilwoman Ernst: You know every year I go to this event. I keep thinking it can't get any better but this year it was just phenomenal and I applaud Todd Hoffman and his team and the Legion and everyone that was involved because it was just a phenomenal event. Mayor Furlong: Thank you. Any other council presentations? It was a good event. Well attended. We went through about 2 or 3 seasons during the event with the weather but it was well attended. It was great to, as Chief Wolff said, great to see many of the veterans who have been in these events for a long, long time but they're still there and they're still participating and it's good to see so. Councilwoman Ernst: And weather even held out. Mayor Furlong: The weather held out. I think we had the best hour and a half of the day yesterday from about 11:30 to 1:00 so it worked out great. Todd Gerhardt: The mayor was in charge of weather on Memorial Day and I was in charge of it on Arbor Day. MY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.d.chanhassen.mn.us 0 0 L4 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: May 28, 2013 bW SUBJ: Amendment to Interim Use Permit 96-2 PROPOSED MOTION "The Chanhassen City Council approves the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The developer is requesting an amendment to Interim Use Permit 96-2 to allow for a lot line adjustment pursuant to Section 20-233(c) of the Chanhassen City Code. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 21, 2013 to review the proposal. The Planning Commission voted 7 — 0 to recommend approval of the amendment. There were no concerns or issues with the amendment. RECOMMENDATION Staff recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit. ATTACHMENTS 1. Planning Commission Minutes dated May 21, 2013 2. Planning Commission Staff Report Dated May 21, 2013. 9:lplan12013 planning casm2013-10 bluff creek gardens iup amendment\exmutive smnmary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 21, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marty Schutrop 540 Lakota Lane Chuck & Sandy Worm 760 West 96'" Street Gary Benziek PUBLIC HEARING: BLUFF CREEK GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2) AND LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SKIP COOK. PLANNING CASE 2013-10. Generous: Thank you Chairman Aller and commissioners. Bluff Creek Gardens is in for an amendment to its Interim Use Permit because the property owner would like to change the property line of the development. Under City Code such changes require an amendment to any approvals that they have. The applicant is Skip Cook. Again, the reason for the amendment is due to the lot line adjustments. They're reducing part of the property out of the development. The site is located at the northwest corner of Highway 101 and Flying Cloud Drive. It's a unique shaped property. The new lot line will be an adjustment of this lot line will come down 101 so that they'll have direct frontage onto the highway. Right now they have an easement agreement to access their property. This area of the garden center will be coming out of the project. The existing Interim Use Permit divided the site into four areas. Area 1 is the retail and storage building site. Area 2 is the growth area where they have the nursery stock out in that. Area 3 is for hard object stock such as rock and they have their bins for the mulch and things like that. And then Area 4 was an overflow area as part of the overall development and it was for overflow landscaping materials that they had and some equipment. This area has very little use within the development. We are recommending approval of the amendment to allow the lot line change subject to the existing restated and amended Interim Use Permit which is attached to the project and the additional conditions in the staff report, and adoption of the attached Findings of Fact and Recommendation. With that I'd be happy to answer any questions. Aller: Any of the commissioners have any questions? I received the packet. The packet's a part of the record. I don't have any questions. Aanenson: Chairman Aller, if I may, just for some background. It's in the staff report but I want to make sure for our new commissioners, we had made a code amendment a couple years ago where we had conditional uses, interim uses, in certain circumstances people can subdivide if it's in agricultural zone and it may have an interim use on it and because the State law allows you to subdivide a piece of property, but we wanted to make sure if it had an interim use or a conditional use on it, or even a lot line Chanhassen Planning Commission — May 21, 2013 • moving that we would notify on that because it may affect the terms of the interim use so this would have gone through the staff administratively but because of that new ordinance put in place, and really it's a control point where someone may sell off a portion of it. They moved a property line. Sell off a portion of that property that would affect the underlying conditions of that interim use. For an example on this one, there's a lot of ways the lot line could have moved that would affect the functionality of that so we just want to make sure that it worked for the interim use and it doesn't change the terms and conditions of that so with that we are supporting that as Mr. Generous stated but I just wanted to make sure for the new planning commissioners that was really the rational basis behind that. Aller: Great. My understanding is that the landscape materials will be moved from Area 4 to 1 and 3. Generous: And to the garden center site that remains after the approvals. Aller: Any additional comments? Questions? Weick: One question. Area 4 becomes just part of the small triangle then that the home is on, correct? Generous: Right, part of the single family home. Weick: So that becomes one lot. Generous: One lot. Weick: Okay. Generous: In the future this area is guided for office use so we think when urban services become available it will intensify the uses down on the property and they'll work together. Weick: Thank you. Aller: Alright. Any additional comments? Questions? Okay, is the applicant here? Would like to make any comments. Presentation. Anything. Skip Cook: Not at this point. I'm here but... Aller: We don't have any real questions based on the report so. Skip Cook: Okay. Aller: With that, okay. I'll entertain a motion or, any comments or questions? Oh, what I need to do is open a public hearing so at this point, since we have public here, let's open a public hearing. Anyone wishing to come forward, please do so. Everyone else must have read the report as well. Seeing no one come forward, public hearing is closed. Comments. Questions. Motions. I'll entertain a motion. Hokkanen: I'll make a motion. Aller: Okay. Hokkanen: I move the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and re -stated Interim Use Permit and adoption of the Findings of Fact and Recommendation. Chanhassen Planning Co •ion — May 21, 2013 Aller: I have a motion. Do I have a second? Tennyson: I'll second. Aller: I have a motion and a second. Any further discussion? Comments or questions. Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. I PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the Amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting an Amendment to hiterim Use Permit 96-2 to allow for a lot line adjustment pursuant to Section 20-233(c) of the Chanhassen City Code. LOCATION: 850 Flying Cloud Drive (PID 25-0351700) APPLICANT: Skip Cook 15506 Village Woods Drive Eden Prairie, MN 55347 (612) 750-5887 prairiesales@aol.com PRESENT ZONING: Agricultural Estate District, A-2 2020 LAND USE PLAN: Office ACREAGE: 10 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting an amendment to the Interim Use Permit for the property so that he may alter the property lot line. The resulting parcel will be 8.3 acres in size. Planning Commission Amendment to Interim Use Permit 96-2 May 21, 2013 Page 2 of 5 l� y 05 - --- - - --- ~4¢04 i A i �y I _ _._._._$TATE_._"16AWAY NO. 712 APPLICABLE REGULATIONS Chapter 20, Article IV, Division 2, Conditional Use Permits Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts Sec. 20-268. Wholesale and retail nurseries. (1) Intent. It is the intent of this section to recognize that preexisting retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments predate current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council. (2) The following conditions will apply to wholesale and retail nurseries: a. The site must be on a collector or minor arterial as identified in the comprehensive plan. b. The minimum lot size is five acres. c. All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater. d. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan. 0 • Planning Commission Amendment to Interim Use Permit 96-2 May 21, 2013 Page 3 of 5 f Light sources shall be shielded. g. No outside speaker systems shall be allowed without approval from the city council. h. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. i. One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight feet in height shall be permitted on the premises. The council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan. Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article X, "A-2" Agricultural Estate District BACKGROUND On March 11, 1996, City Council approved an ordinance amendment permitting wholesale and retail nurseries in the A-2 district as an interim use. On July 8, 1996, the City Council approved IUP #96-2 for a wholesale and retail nursery, and a 250 -foot Variance from the 300 -foot setback requirement from residential property. The subject property has been used as a farmer's market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in 1972. Sunny Acres produce stand occupied the subject property prior to the site being used as a nursery. Use of the property for retail purposes predates the City's Zoning Ordinance. The site contains four structures: the primary retail building measuring 40' x 50' (2,000 square feet) in area, two white storage structures measuring 32' x 40' (1,280 square feet) each, and one greenhouse. In the fall of 2004 and spring of 2005, staff conducted inspections of the subject property to determine compliance with the conditions of IUP #96-2. It was discovered that the tenant (Green Gardens) was in violation of several of the IUP conditions. The tenant was informed that the site must be brought into compliance or the 1UP would need to be amended to allow the expanded use. On May 8, 2006, the City approved an amendment to the Interim Use Permit for the property expanding on the nursery use of the property. 1 ANALYSIS The applicant is requesting an amendment to the Interim Use Permit to remove Area 4, as seen in the site schematic from the garden center site, which will be attached to the property to the north. Planning Commission Amendment to Interim Use Permit 96-2 May 21, 2013 Page 4 of 5 IUP #96-2 was approved with a site plan that split the property into four sections (Areas 1-4). The 2006 expansion of the nursery use consisted of a rearrangement of permitted uses in relation to their area designations. The use of the site is as follows with changes due to the 2006 amendment underlined: Area 1: Retail building, two existing storage buildings, a greenhouse, nursery equipment storage, waste disposal, customer parking, sales display area and a future storage shed/supplementary office building. The use of Area 1 must be amended to permit the addition of a third storage shed. All waste disposal areas shall be in a screened enclosure. The existing retail building offers limited office space for the purposes of wholesale trade. The applicant proposed creating office space in a portion of the proposed third storage building for the sole purpose of serving wholesale customers. The parking area has been moved from in front of the building and along the southeast property comer and will be relocated along the side of and behind the existing retail building. Area 2: Growing range for in -ground, potted and balled nursery stock, diVlav garden, storage bins for stone and mulch, future greenhouse, future parking and a decorative pergola walkway/display. If storage bins for stone and mulch are permitted in Area 2, then staff is recommending they be screened from CSAH 61 (Flying Cloud Drive) with landscaping. Area 3: Hard goods storage (stone and rock storage bins, storage of pallets containing stone/block . Staff has determined that the slope behind Area 3 is not a bluff. The applicant is proposing to plant a row of trees along the ridge that separates Area 2 from Area 3. The purpose of landscaping this area is to screen the hard goods storage (Area 3) from public view. Staff is recommending a mixture of evergreens, ornamental trees and shrubbery be planted along this ridge. Staff agrees with °o 0 0 0 0 ° _ 0❑ o O O S O y.. `� �*w-evne:eao�ppp O O. PGi m- f, MCNRNCtIIuln . � ru�rH.ry;-lOGfiedp! MY 212 4 LI.PLM[ .f/iT.ImlRYlmINt6Y_ ? - �f61WR4 M - AX'IN/ACK:BQ �� N acvr r:q rmn, IUP #96-2 was approved with a site plan that split the property into four sections (Areas 1-4). The 2006 expansion of the nursery use consisted of a rearrangement of permitted uses in relation to their area designations. The use of the site is as follows with changes due to the 2006 amendment underlined: Area 1: Retail building, two existing storage buildings, a greenhouse, nursery equipment storage, waste disposal, customer parking, sales display area and a future storage shed/supplementary office building. The use of Area 1 must be amended to permit the addition of a third storage shed. All waste disposal areas shall be in a screened enclosure. The existing retail building offers limited office space for the purposes of wholesale trade. The applicant proposed creating office space in a portion of the proposed third storage building for the sole purpose of serving wholesale customers. The parking area has been moved from in front of the building and along the southeast property comer and will be relocated along the side of and behind the existing retail building. Area 2: Growing range for in -ground, potted and balled nursery stock, diVlav garden, storage bins for stone and mulch, future greenhouse, future parking and a decorative pergola walkway/display. If storage bins for stone and mulch are permitted in Area 2, then staff is recommending they be screened from CSAH 61 (Flying Cloud Drive) with landscaping. Area 3: Hard goods storage (stone and rock storage bins, storage of pallets containing stone/block . Staff has determined that the slope behind Area 3 is not a bluff. The applicant is proposing to plant a row of trees along the ridge that separates Area 2 from Area 3. The purpose of landscaping this area is to screen the hard goods storage (Area 3) from public view. Staff is recommending a mixture of evergreens, ornamental trees and shrubbery be planted along this ridge. Staff agrees with • 0 Planning Commission Amendment to Interim Use Permit 96-2 May 21, 2013 Page 5 of 6 Area 4: It was envisioned that this area would be used for storage of overflow nursery stock (i.e. mulch, trees, plants and shrubs. This is the area of the property that will be removed from the garden site and added to the single-family home to the north and east of the garden center. The proposed amendment to the Interim Use Permit has minimal impact on the garden center. It reduces the area of overflow nursery stock, but should not impact the actual operation. This area should be either fenced off of or blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. The City is working with the Minnesota Department of Transportation and Carver County on the future alignment of Highway 101 from Pioneer Trail to CSAH 61 (Flying Cloud Drive). Hennepin County, in coordination with MnDOT, Carver County, and the cities of Eden Prairie and Chanhassen, is preparing for the reconstruction of Flying Cloud Drive (CSAH 61) between Trunk Highway 101 and Charlson Road. This section of Flying Cloud Drive (CSAH 61) was a tumback from the State of Minnesota in 2009 and was previously known as Trunk Highway 212. The Project is in the early stages of the development process and construction is anticipated in mid 2015. Highway 101 river crossing is also progressing. Project construction is anticipated in 2014 and 2015. Carver County is leading the project delivery and design effort for the Highway I OI/Flying Cloud Drive "Wye" at the north end of the river crossing project, and the overall project delivery and roadway design (including MnDOT's portion). MnDOT will continue to assist Carver County with bridge design, construction engineering and other engineering services as needed. Additionally, Chanhassen and Carver County are preparing for the reconstruction of CSAH 61 west past Bluff Creek Drive. While the proposed amendment to the Interim Use Permit should have no impact on these road projects at this time, in the future the alignment of these roads may lead to a changed access. Planning Commission Amendment to Interim Use Permit 96-2 May 21, 2013 Page 6 of 6 RECOMMENDATION Staff recommends that the Planning Commission approve the amendment to the Interim Use Permit subject to the existing restated and amended Interim Use Permit and adding the following conditions and adoption of the attached Findings of Fact and Recommendation: 1. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued access to the garden center from this driveway location. 2. Any stored landscape material or plants must be relocated from Area 4 to the Areas 1 — 3. 3. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Site Schematic Stamped April 19, 2013. 4. Restated and Amended Interim Use Permit. 5. Public Hearing Notice and Mailing List. gAplan\2013 pWnfing cases\2013-10 bluff creek gardens iup amendment\staff report bluff creek garden tup amend.doc 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION_ IN RE: Application of Skip Cook for an amendment to Interim Use Permit #96-2 to adjust the boundary on the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) located at 850 Flying Cloud Drive — Planning Case No. 2013-10. On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Skip Cook for an amendment to Interim Use Permit #96-2 to adjust the lot lines on the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) located at 850 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed interim use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate (A-2). 2. The property has a Land Use Designation of Office. 3. The legal description of the property is: That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway 101 and said line there terminating. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. 0 0 c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds that such use at the proposed location: a. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. b. Conforms to the zoning regulations. c. The use is allowed as an interim use in the zoning district. d. The date of event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future: and The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6. Sec. 20-268. Wholesale and retail nurseries: (1) Intent. It is the intent of this section to recognize that preexisting retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments predate current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council. (2) The following conditions will apply to wholesale and retail nurseries: a. The site must be on a collector or minor arterial as identified in the comprehensive plan. b. The minimum lot size is five acres. c. All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater. d. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan. f. Light sources shall be shielded. g. No outside speaker systems shall be allowed without approval from the city council. h. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. i. One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight feet in height shall be permitted on the premises. The council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan. 7. The planning report #2013-10 interim use permit dated May 21, 2013, prepared by Robert Generous, et al, is incorporated herein. 0 • The Chanhassen Planning Commission approves the amendment to Interim Use Permit 96-2, Planning Case #2013-10, to alter the boundaries of the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2). ADOPTED by the Chanhassen Planning Commission on this 21' day of May, 2013. CHANHASSEN PLANNING COMMISSION OW Planning Commission Chairperson g:\plan\2013 planning casest2013-10 bluff creek gardens iup a mendmentTmdings of fact and recommendation.doc 4 CITY OPCHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 Planning Case No. e;0Far' 10 See Also qb-a, luip DEVELOPMENT REVIEW APPLICATION at, -in Perm } if ,'tes.' nS v�lu{� Cree.E. C�Qicie 1�1o.wvti:��c 4?Lse- dam- I`- RAMin Sub ao0(3 -61 ana Acidness: Prope er Name and Address: Contact: Phone: 4,1 — So ax: Email �, ,..- � w< 62 n nl „^ P_ Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) mer Non -conforming Use Permit Planned Unit Development - Rezoning CITY OF CHANHASSEN RECEIVED Sign Permits APR 19 2013 Sign Plan Review CHANHASSEN PLANNING DEPT Site Plan Review (SPR)" Subdivision' A d' Temporary Sales Permit Vacation of Rightof-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment L� Notification Sign - $200 2K7 -c (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPRNACNAR/WAP/Metes 8 Bounds - $450 Minor SUB ✓ TOTAL FEE$ In a dltlonal fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNEL 0 PROJECT NAME: •� LOCATION: D C 10 y LEGAL DESCRIPTION AND PID: 2 S 0- 5 1 % C) o TOTAL ACREAGE: 1 ( J WETLANDS PRESENT: YES NO PRESENT ZONING: _ Z 0 REQUESTED ZONING: PRESENT LAND USE DESIGNATION: D�� ' CO— REQUESTED 2REQUESTED LAND USE DESIGNATION: v REASON FOR REQUEST: G -v FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that proceedal the study- The documenes may be charged for ts and infonsulting frmationn feasibility have submitted ae true andc, with an ecorrect to the best of timate prior to any authorization to proceed Y - my knowledge- SigSigriature pplicant D e y 13 Signature Fee Owner Date SCArIP1E0 &Nplan\fm \&velopnxnt review applicatim-doc • 0 PROJECT NAME: S�to LOCATION: C I o' -J py `' �2- LEGAL DESCRIPTION AND PID: 2S 03S 11:00 TOTAL ACREAGE: WETLANDS PRESENT: (� 7 PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES —)4, NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: L -J � FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. y Signat re Applicant DIte z Signature Fee Owner Date SCANNED g:\plan\fonns\development review application doc ON I�qF� ■ ■ I - -• 1 tw za J cl''y gECI ECSSEV APR "1 9 2013 CHANHASSEN PLANNING DEPT SCANNED 0 9 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BLUFF CREEK GARDENS - PLANNING CASE NO. 2013-10 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a interim use permit for the following use: Wholesale/retail nursery use on property located m the Agricultural Estate (A-2) District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-2 IUP — Planning Case 2006-15 and herein amended Planning Case 2013-10 to allow the alteration of the property within the Interim Use Permit is issued for the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along CSAH 61/Flying Cloud Drive to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from CSAH 61 /Flying Cloud Drive. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. h. Drainage in the CSAH 61/171ying Cloud Drive right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the NP amendment activities. i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion 0 and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. m. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. 'MMU .� t. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to CSAH 61 /Flying Cloud Drive and Highway 101 (southeast comer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and CSAH 61 /Flying Cloud Drive. u. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 am. to 10:00 p.m. v. Exterior light sources shall be shielded. w. No outside speaker system shall be allowed. x. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. y. The applicant shall work with staff to develop signage that will comply with city ordinances. 2 0 z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH 61/171ying Cloud Drive. aa. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. cc. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. ee. The applicant shall work with Carver County in examining the possibility of relocating the access point on CSAH 61/Flying Cloud Drive further to the west and providing a deceleration lane along westbound CSAH 61/171ying Cloud Drive in conjunction with the CSAH 61/Flymg Cloud Drive improvements. ff. All loading or unloading should be done on site and not blocking either CSAH 61/Flying Cloud Drive or Highway 101. gg. The area of the new lot lines shall have the through driveway blocked from direct access to the garden center to prohibit continued vehicle access to the garden center from this driveway location. hh. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 0 Dated: May 28, 2013 CITY OF CHANHASSEN I� (SEAL) STATE OF MINNESOTA ) (sS COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this—day of 2013, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC R' 51 1: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplen\2013 planning eases12013-10 bluff creek gardens iup amendmcnA mended iup.doc rd EXHIBIT A That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of he northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway 101 and said line there terminating. (361,778.85 sq. ft — 8.30 acres) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 850 Flying Cloud Drive IUP Amendment — Planning Case 2013-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kaz J. EngelWdt, Depuj Clerk Subscribed and sworn to before me this day of M&I ,2013. t Je^ Notary Pu lic 11A��j _, KIM T. MEUWISSEN Notary Public -Minnesota ORR, y Canmission Fxgres Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting nate & Time: Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an Amendment to Interim Use Permit 96-2 to allow Proposal: for a lot line adjustment per Section 20-233(c) of the Proposal: Chanhassen City Code on property zoned Agricultural Estate District A-2 Applicant: 850 Flying Cloud Drive Property Skip Cook Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-10. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bcienerous(ccDci.chanhassen.mn.us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). e because me vianning commission noios me POOIIC nearing, me City wmicn uues nm. ,vmmms e,e ,e..e,I ono any correspondence regarding the application will be included in the report to the City Council. If you wish to have I something to be included in the reportplease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 21, 2013 at 7:00 P.M. This hearing may not start untif later in the evenin , depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an Amendment to Interim Use Permit 96-2 to allow for a lot line adjustment per Section 20-233(c) of the Proposal: Chanhassen City Code on property zoned Agricultural Estate District A-2 Applicant: 850 Flying Cloud Drive Property Skip Cook Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead public hearing through the following steps: What Happens W Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-10. If you wish to talk to someone about this project, please contact Robert Generous by email at bgenerousCcDci.chanhassen.mn.us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Aheratli;4 Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request, At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification 0 ALLEN R ROTHE 750VOGELSBERG TRL CHASKA MN 55318-9461 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA MN 55318-9515 KEVIN NIELSEN 740 VOGELSBERG TRL CHASKA MN 55318-9461 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA MN 55318-9470 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE MN 55347-1439 WAYNE A & INGRID A DICASTRI 1025 HESSE FARM RD CHASKA MN 55318-9527 ANDREA S CARTY 675 LAKOTA LN CHASKA MN 55318-9455 HENNEPIN CO REG RR AUTHORITY 300 6TH ST S SW STREET LEVEL MINNEAPOLIS MN 55487-0999 L RICHARD & KAREN C DEE 1201 HESSE FARM CIR CHASKA MN 55318-9518 RAIN SNOW OR SHINE GOLF LLC 825 FLYING CLOUD DR CHASKA MN 55318-9503 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL MN 55155-4030 BRIAN J JOHNSON 1190 BLUFF CREEK DR CHASKA MN 55318-9515 JOHN D & BARBARA J FORCE 1001 HESSE FARM RD CHASKA MN 55318-9527 LOUISE E ZAMJAHN ETAL 7506 77TH ST CHASKA MN 55318-9600 RILEY PURGATORY BLF CRK WS 701 4TH AVE S #500 MINNEAPOLIS MN 55415-1810 SUSAN V RECH 1000 HESSE FARM RD CHASKA MN 55318-9520 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Skip Cook for an amendment to Interim Use Permit #96-2 to adjust the boundary on the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) located at 850 Flying Cloud Drive — Planning Case No. 2013-10. On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Skip Cook for an amendment to Interim Use Permit #96-2 to adjust the lot lines on the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2) located at 850 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed interim use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate (A-2). 2. The property has a Land Use Designation of Office. 3. The legal description of the property is: That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, which lies westerly and southwesterly of a line described as follows: Beginning at a point in the centerline of the Chicago and Northwestern Railway main tracks, said point being 626.50 feet westerly of the East line of the northeast quarter of said section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 87 degrees 00 minutes 51 seconds as measured from the East to the South from the centerline of said tracks; a distance of 360.09 feet; thence Southeasterly at an angle of 147 degrees 18 minutes 26 seconds to the right, as measured from the last described line, a distance of 232.05 feet to the northwesterly right-of-way line of State Highway 101 and said line there terminating. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. SCANNED 0 0 c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. L Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds that such use at the proposed location: a. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. b. Conforms to the zoning regulations. c. The use is allowed as an interim use in the zoning district. d. The date of event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future: and 0 0 The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6. Sec. 20-268. Wholesale and retail nurseries: (1) Intent. It is the intent of this section to recognize that preexisting retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments predate current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council. (2) The following conditions will apply to wholesale and retail nurseries: a. The site must be on a collector or minor arterial as identified in the comprehensive plan. b. The minimum lot size is five acres. c. All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater. d. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming. e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan. £ Light sources shall be shielded. g. No outside speaker systems shall be allowed without approval from the city council. h. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. i. One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight feet in height shall be permitted on the premises. The council may fiuther restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan. 7. The planning report #2013-10 interim use permit dated May 21, 2013, prepared by Robert Generous, et al, is incorporated herein. 0 RECOMMENDATION The Chanhassen Planning Commission approves the amendment to Interim Use Permit 96-2, Planning Case #2013-10, to alter the boundaries of the existing wholesale and retail nursery use on property zoned Agricultural Estate (A-2). ADOPTED by the Chanhassen Planning Commission on this 20 day of May, 2013. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2013 planning casm\2013-10 bluff creek gardens iup amendment\findings of fact and mommendation.doc 0 0 CHANHASSEN PLANNING REGULAR MEETING MAY 21, 2013 i _-io Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, Maryam Yusuf, Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marty Schutrop Bruce Geske Chuck & Sandy Worm Gary Benziek 540 Lakota Lane 7325 Hazeltine Boulevard 760 West 9e Street 731 West 96" Street PUBLIC HEARING: BLUFF CREEK GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 TO ALLOW FOR A LOT LINE ADJUSTMENT PER SECTION 20-233(C) OF THE CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A-2) AND LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SKIP COOK. PLANNING CASE 2013-10. Generous: Thank you Chairman Aller and commissioners. Bluff Creek Gardens is in for an amendment to it's Interim Use Permit because the property owner would like to change the property line of the development. Under City Code such changes require an amendment to any approvals that they have. The applicant is Skip Cook. Again the reason for the amendment is due to the lot line adjustments. They're reducing part of the property out of the development. The site is located at the northwest comer of Highway 101 and Flying Cloud Drive. It's a unique shaped property. The new lot line will be an adjustment of this lot line will come down 101 so that they'll have direct frontage onto the highway. Right now they have an easement agreement to access their property. This area of the garden center will be coming out of the project. The existing Interim Use Permit divided the site into four areas. Area 1 is the retail and storage building site. Area 2 is the growth area where they have the nursery stock out in that. Area 3 is for hard object stock such as rock and they have their bins for the mulch and things like that. And then Area 4 was an overflow area as part of the overall development and it was for overflow landscaping materials that they had and some equipment. This area has very little use within the development. We are recommending approval of the amendment to allow the lot line change subject to the existing restated and amended Interim Use Permit which is attached to the project and the additional conditions in the staff report and adoption of the attached Findings of Fact and Recommendation. With that I'd be happy to answer any questions. Aller: Any of the commissioners have any questions? I received the packet. The packet's a part of the record. I don't have any questions. Aanenson: Chairman Aller, if I may, just for some background. It's in the staff report but I want to make sure for our new commissioners, we had made a code amendment a couple years ago where we had conditional uses, interim uses, in certain circumstances people can subdivide if it's in agricultural zone and it may have an interim use on it and because the State law allows you to subdivide a piece of SCANNED Chanhassen Planning Commission — May 21, 2013 • property, but we wanted to make sure if it had an interim use or a conditional use on it, or even a lot line moving that we would notify on that because it may affect the terms of the interim use so this would have gone through the staff administratively but because of that new ordinance put in place, and really it's a control point where someone may sell off a portion of it. They moved a property line. Sell off a portion of that property that would affect the underlying conditions of that interim use. For an example on this one, there's a lot of ways the lot line could have moved that would affect the functionality of that so we just want to make sure that it worked for the interim use and it doesn't change the terms and conditions of that so with that we are supporting that as Mr. Generous stated but I just wanted to make sure for the new planning commissioners that was really the rational basis behind that. Aller: Great. My understanding is that the landscape materials will be moved from Area 4 to 1 and 3 Generous: And to the garden center site that remains after the approvals. Aller: Any additional comments? Questions? Weick: One question. Area 4 becomes just part of the small triangle then that the home is on, correct? Generous: Right, part of the single family home Weick: So that becomes one lot. Generous: One lot. Weick: Okay. Generous: In the future this area is guided for office use so we think when urban services become available it will intensify the uses down on the property and they'll work together. Weick: Thank you. Aller: Ahight. Any additional comments? Questions? Okay, is the applicant here? Would like to make any comments. Presentation. Anything. Skip Cook: Not at this point. I'm here but... Aller: We don't have any real questions based on the report so. Skip Cook: Okay. Aller: With that, okay. I'll entertain a motion or, any comments or questions? Oh, what I need to do is open a public hearing so at this point, since we have public here, let's open a public hearing. Anyone wishing to come forward, please do so. Everyone else must have read the report as well. Seeing no one come forward, public hearing is closed. Comments. Questions. Motions. I'll entertain a motion. Hokkanen: I'll make a motion. Aller: Okay. 2 Chanhassen Planning Co •ion — May 21, 2013 • Hokkanen: I move the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and re -stated Interim Use Permit and adoption of the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Tennyson: I'll second. Aller: I have a motion and a second. Any further discussion? Comments or questions Hokkanen moved, Tennyson seconded that the Chanhassen Planning Commission recommends approval of the amendment to Interim Use Permit 96-2 to allow for a lot line adjustment subject to the amended and restated Interim Use Permit and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BLUFF CREEK WOODS: REOUEST TO REZONE 3.57 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DISTRICT (BSF): SUBDIVISION WITH VARIANCES FOR THE CONSTRUCTION OF A PRIVATE STREET AND USE OF A NECK LOT: AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED AT 7331 HAZELTINE BOULEVARD. APPLICANT: MARTIN SCHUTROP, PLANNING CASE 2013-09. Generous: Thank you Chairman Aller, commissioners. Bluff Creek Woods is, the applicant is Marty Schutrop. It's a proposed development located at 7331 Hazeltine Boulevard. It's on the east side of Highway 41, just across from Tanadoona Drive. The property's approximately 3 acres in size. The request is to rezone the property from Agricultural Estate District to Single Family Residential District. Subdivision approval with variances for the use of a neck lot and the construction of a private street and a Conditional Use Permit to allow development within Bluff Creek Overlay District. The applicant is proposing to divide the property into 3 buildable lots. The existing house would remain on the middle lot and then there'd be 2 new building sites. The most southerly portion of the site would be put into an outlot status. As part of this the Bluff Creek Overlay District is being redefined. Under the existing mapping system that we have it shows that the whole property is within the primary zone. However we know that there is actually developable area and as part of the process the City is permitted with the developer to look at the site and determine what would be an appropriate delineation for that primary zone. The three green lots on here include 2 of the new building sites and existing single family home in the middle I should note that I did hand out earlier, put in front of you an email that I received from Hal Newel. He's opposed to this development because of the addition of traffic onto Highway 41. It's hard to tell from his comment whether he thought that there would be two new driveways going on there or if he's aware that we're forcing them to have a common access point out onto Highway 41 and that's part of the reason for the variance because of the private street serving more than one property. Aller: Just for the record we have received and read the email Generous: Okay. All the lots comply with the minimum requirements in the City's zoning ordinance. The smallest one is 33,000 square feet which is about three-quarters of an acre and the other two are over one acre in size. The most northerly, Lot 3 is the neck lot and that's any lot that does not have it's full frontage on a public street. We wait until it gets back to the lot width hits 100 feet and then we have a valid lot and that's where we establish the setback area from As part of their application they did show a plan for a private street. However staff in going out to the site and reviewing it was concerned that the access to Lot I would require additional grading and take out some significant trees that are on the f3 -la Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 21, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an Amendment to Interim Use Permit 96-2 to allow Proposal: for a lot line adjustment per Section 20-233(c) of the Chanhassen City Code on property zoned Agricultural Estate District A-2 Applicant: 850 Flying Cloud Drive Property Skip Cook Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inforffi you about the applicants request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1, Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-10. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bgenerous(a)ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report. please contact the Planning Staff person named on the notification. 13 CITY OF CHANHASSFN Disclaimer This map is neither a legally m- to be used as one. Thi- data located in van Hty nF)Jy? \\ sources regarding the Nei ,_ \\\N p1 A `\\\N"�� .ees _�� System only. The City does n 9 t) (GIS) Data used to prel y"x , \\\"" City does not represent that the GIS L G' \,\\\% ..anal, tracking or any other purpose requiring e. .�, t.� \`\�\`` at distance or direction or precision in the depiction c .arures. If errors or discrepancies are found please contact -007. The preceding disclaimer is provided pursuant to Minneso . atatutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise o tt oQf ht mgr'¢ Tss or use of data provided. SS4 S tr j W itG6 rd r�� 5 A9 + 0-PITxev so as 02 1 P $ 000.46° 0003195036 MAY 09 2013 MAILED FROM ZIP CODE 55317 55317 RILEY PURGATORY BLF CRK WSD 701 4TH AVE S #500 MINNEAPOLIS MN 55415-1810 III IIIIIII1.0,111iI'll'I'lu.,1111 -it s I,II,IIII II,II.... 1.1.1.1 0 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES State of Minnesota NOTICE OF PUBLIC HEARING )SS. PLANNING CASE NO. 2013-10 NOTICE IS HEREBY GIVEN County of Carver ) that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, May 21, 2013, at 7:00 P.M. in the Council Chambers in Chanhassen Ciry Hall, 7700 Market Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized Blvd. The purpose of this hearing is agent of the publisher of the newspapers known as the Chaska Herold and the Chanhassen Vil- toconsider arequest for an Amend- lager and has full knowledge of the facts herein stated as follows: - ment to Interim Use Permit 9fr2 to allow for a lot line adjustment per (A) These newspapers have complied with the requirements constituting qualification as a legal CSectionty de on r p the Chanhassen newspaper,as provided Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as City Code on property zoned Agri- P by PP cultural Estate (A-2) and located at amended. SSSkip Cook Cloud Drive. Applicant: (B) The printed public notice that is attached to this Affidavit and identified as No. A plan showing the location of was published on the date or dates and in the newspaper stated in the attached Notice and sai the proposal is available for public Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of review on the City's web site at the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both wwwci.chanhassen.mn.us/2013-10 inclusive, and is hereby acknowledged as being the kind and size of type used in the composition or at City Hall during regular busi- and publication of the Notice: ness hours. All interested persons are invited to attend this public abcdefghijkhnnopgrstu z hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen. B 'usLaurie A. Hartmann Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, May 9, 2013; No. 4007) Subscribed and sworn before me on this day of 2013 oitg RKN blic f'9 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED 0 i CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 21, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an Amendment to Interim Use Permit 96-2 to allow for a lot line adjustment per Section 20-233(c) of the Chanhassen City Code on property zoned Agricultural Estate (A-2) and located at 850 Flying Cloud Drive. Applicant: Skip Cook. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-10 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on May 9, 2013) CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/14/2013 11:43 AM Receipt No. 00219317 CLERK: AshleyM PAYEE: Skip & Teri Cook 15506 Village Woods Drive Eden Prairie MN 55347 - Planning Case 2013-10 ------------------------------------------------------- GIS List 45.00 Total Cash Check 3186 Change 45.00 0.00 45.00 0.00 SCANNED To: Skip Cook 15506 Village Woods Drive Eden Prairie, MN 55347 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Invoice RE: Bluff Creek Gardens -850 Flying Cloud Drive Planning Case 2013-10 SALESPERSON I I DATE I I I TERMS KTM S3.00 May 9, 2013 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 15 Property Owners List within 500' of 850 Flying Cloud Drive (15 labels) S3.00 545 00 TOTAL DUE $45.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for May 21, 2013. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2013-10. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED Date: Apri123, 2013 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department IN ` Review Response Deadline: May 10, 2013 '1 Al By: Robert Generous, Senior Planner Subject: BLUFF CREEK GARDENS: Request for Amendment to Interim Use Permit 96-2 to allow for a lot line adjustment per Section 20-233(c) of the Chanhassen City Code on property zoned Agricultural Estate (A-2) and located at 850 Flying Cloud Drive. Applicant: Skip Cook. Planning Case: 2013-10 PID: 25-0351700 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 19, 2013. The 60 -day review period ends June 18, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 21, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 10, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources S. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN Gadaimer. TMs map was created using carver Ceurty's Geograpmc Map Seale N Inbrmatron Systems (GIS), a is a compilatron o1 mfonnatlon aind data horn varaus city,county. State, and Federal omces. rhes maps n a Cinch =786 feet surveyed a legally recorded map ad, is 111 1. Ee used as a wE relerenca. Cann County Is not rssponsiDk for any Inaavrades mnmMeO herein. Map Date 4/19/2013 S 0 0 Generous, Bob From: Sinclair, Jill Sent: Thursday, April 25, 2013 9:48 AM To: Generous, Bob Subject: 850 flying cloud Hi Bob, I have no comments regarding the property line change. Jill Sinclair Environmental Resources Specialist City of Chanhassen 952-227-1133 SCANNE;) 0 Generous, Bob From: Littfin, Mark Sent: Tuesday, April 23, 2013 1:10 PM To: Generous, Bob Subject: Planning case 2013- 10 and PID 25-0351700 Follow Up Flag: Follow up Flag Status: Flagged Robert, I have reviewed the above request for Amendment to interim use permit 96.2 . The area I have concerns with are items L,M,N. in the Interim use permit # 96.2. None of these were ever complied with. If the applicant has installed aboveground tanks I am unable to sign off on until appropriate permits and inspections are conducted. 91darkLit fin Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1190 SCA,NtJFD • MEMORANDUM TO: Bob Generous FROM: Jerritt Mohn, Building Official DATE: April 23, 2013 11 SUBJ: Review of request for an Interim Use Permit Amendment at 850 Flying Cloud Drive. Planning Case: 2013-10 I have reviewed the plans for the above project and offer the following comments. These comments should be included in the conditions of approval. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. G:\PLAN\2013 Planning Cases\2013-10 Bluff Creek Gardens IUP Amendment\buildingofficialcomment.doc SCANNED '1 Y 6 a N H a S Date: April 23, 2013 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department 0 Review Response Deadline: May 10, 2013 By: Robert Generous, Senior Planner Subject: BLUFF CREEK GARDENS: Request for Amendment to Interim Use Permit 96-2 to allow for a lot line adjustment per Section 20-233(c) of the Chanhassen City Code on property zoned Agricultural Estate (A-2) and located at 850 Flying Cloud Drive. Applicant: Skip Cook. Planning Case: 2013-10 PID: 25-0351700 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 19, 2013. The 60 -day review period ends June 18, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 21, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 10, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacwm 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN Disdamer This map was created uamg Carver Count's Ge aphm Information Systems (GIS), it is a compilation of information and data from various City County, State, and Federal offices. this map is not a surveyed or "Ity recorded map and is intended to be used as a relerence. Carver County Is not responsible for any mauvraores contained herein. Map Scale N 1 inch = 786 feet WE Map Date SCANNED 4/19/2013 S w • . CfTY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/22/2013 3:16 PM Receipt No. 00217534 CLERK: AshleyM PAYEE: Skip & Teri Cook 15506 Village Woods Drive Eden Prairie MN 55347 - Bluff Creek Garden Admin Sub and IUP Amendment Files Admin Sub 2013-01 and Planning Case 2013-10 ------------------------------------------------------- Administrative Subdivision 150.00 Noticication Sign 200.00 Recording Fees 50.00 Escrow for filing fees 50.00 Interim Use Permit 425.00 Total Cash Check 3181 Change 875.00 0.00 875.00 0.00 ,,CANNED r 0 BLUFF CREEK GARDENS ADMIN SUB AND IUP AMENDMENT FILES ADMIN SUB 2013-01 AND PLANNING CASE 2013-10 $150.00 Administrative Subdivision $50.00 Recording Fee $425.00 Interim Use Permit $200.00 Notification Sign $50.00 Escrow for filing fees (Variance) $875.00 TOTAL $875.00 Less Check 3181 from Skip Cook $0.00 BALANCE REMAINING TO BE PAID 0 r'LtA,t YKIN 1 • Planning Case No. oVlar' 10 CITY OF CHANHASSEN Ser -Also iuP 7700 Market Boulevard - P.O. Box 147 S TXPefmf+ Chanhassen, MN 55317 - (952) 227-1100 yr'Wr Cxn',rcte ns W -EA -4 Crcee- Goderts DEVELOPMENT REVIEW APPLICATION PkaviI Co— x-16 Rv P'AMXA Sub aoot3 -61 Applicant Name and Address: IS�r�tr U,`�I„ �I�t7lr c SJR, % Contact: Phone: o- ax: Email:„�� me and Address: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning CITY OF CHANHASSEN RECEIVED Sign Permits APR 19 2013 Sign Plan Review CHANHASSEN PLANNING DEPT Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment l� Notification Sign — $200 2,a7a ✓ (City to install and remove) X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE$ -,, ,v An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8'/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: 0 0 LEGAL DESCRIPTION AND PID: Z S 0 -SS 1700 TOTAL ACREAGE: 1 i WETLANDS PRESENT: YES NO PRESENT ZONING: -2- REQUESTED Z REQUESTED ZONING: PRESENT LAND USE DESIGNATION: CA ` 0 REQUESTED LAND USE DESIGNATION: o �� ` C --a REASON FOR REQUEST: Ff t 'S �l V. V A o'/ 1-0 Y I�-Q- ail: ws Fvs¢t/r FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. y Signature Applicant D to u Signature Fee Owner Date SCANNER 9Ap1anW0 ms\developmmt review applicatimAm yIN OF RECFN HASSEN APR 19 2013 CHANHASSEN PLANNING DEPT SCANNED IT SctEi�l�4`T1C q - _ i IS u ? IQ o '+fes c a a z ❑❑.- .. - � O �y�`.. W�. � Kp{pg,(K[MIaYX.OItlFOpt �fOHec 6RLMJM.PLQy,9.' R'GYIC1p.. yIN OF RECFN HASSEN APR 19 2013 CHANHASSEN PLANNING DEPT SCANNED D0 1 13T1 DGt L NEA i'T DA=. _ At Ov s -- cry -D lot 4--,- DocumentNo. OFFICE OF THE A 4 4 63 9 9 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Cheddt: 16057 Certified Recorded on 07-27-2006 at 01:00 ❑ AIdp M 446399 it I I VII I IIIIII I III Carl n ecs der r i SCANNED 0 0 A CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GREEN GARDENS - PLANNING CASE NO. 06-11 INTERIM USE PERMIT #96-2 RESTATED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Expansion of the wholesaletretail nursery use on property located in the Agricultural Estate (A-2) District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-2 IUP — Planning Case 06-11 is issued for the expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) , District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of Green Gardens dated March 31, 2006, subject to the following conditions: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along Highway 212 to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from Highway 212. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest corner of the property. g. The accumulation of nursery waste shall not be permitted on site. h. Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be modified or changed as part of the IUP amendment activities. i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. SCANNED j. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. in. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. q. The applicant will be allowed to utilize the trailer through November 30, 2006. The trailer must be permanently removed from the property no later than December 1, 2006. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. s. Area 4 shall not be used for the storage of equipment, materials or vehicles associated with the nursery. Storage or display of nursery stock is permitted in Area 4. A 50 -foot setback shall be maintained from all property lines for the storage of materials, growing ranges and parking, except that the existing display area adjacent to Highway 212 and Highway 101 (southeast comer of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. The storage of materials over three (3) feet in height shall be prohibited in the site triangle of Highway 101 and 212. u. Hours of operation shall be from 7:00 am. to 9:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m. v. Exterior light sources shall be shielded. w. No outside speaker system shall be allowed. x. The use shall terminate one year following the availability of public sewer and water service. An annual review shall be made to determine compliance with the attached conditions. y. The applicant shall work with staff to develop signage that will comply with city ordinances. SCANNED 0 0 z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. aa. No equipment or vehicles shall be stored on the site with the exception of employee vehicles and equipment necessary for the operation of the nursery. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. cc. Storage structures shall not be used for retail purposes. A portion of the proposed storage structure may be allocated as office space to service wholesale customers. Storage of equipment and materials is permitted in these buildings. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. cc. The applicant shall work with MaDOT in examining the possibility of relocating the access point on TH 212 further to the west and providing a deceleration lane along westbound TH 212 in conjunction with the Highway 212 improvements. ff. All loading or unloading should be done on site and not blocking either Highway 212 or 101. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: May 8, 2006 (SEAL) CITY OF CHANHASSEN BY: Tom F long, Mayor AND: J odd Gerhardt, City Manager 0ANNF_F STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 0 day of, 2006, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. LX Q.Wt NOT PUB C 3 "'=' KAREN I ENGELHARDT 7: Notary Public -Minnesota �'i:x 1 Commlealon Fxplraa Jan 31.1010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 g.kplan12006 planning cases106-15 green gardens iup amendmem\amended iup dx W:V9li6,38 � 0 That part of the Southeast Quarter of the Northeast Quarter of Section 35, Township 116 North, Range 23 West of the Fifth Principal Meridian which lies southerly of the southerly right-of-way line of the Chicago & North Western Transportation Co. and lying westerly and northwesterly of the centerline of State Highway No. 101 as laid out and traveled, EXCEPT the following described parcel: Commencing at a point in the centerline of the Chicago Northwestern Railway main tracks said point being 646.50 feet Westerly of the East line of the Northeast one-quarter of said Section 35 as measured along the centerline of said tracks; thence Southeasterly at an angle of 80 degrees 35 minutes 18 seconds as measured from East to South from the centerline of said tracks, a distance of 402.77 feet to the point of beginning of the parcel to be described; thence Northwesterly along the last described line, a distance of 224.31 feet to the Southerly right-of-way line of the said Chicago Northwestern Railway; thence Easterly along said Southerly right-of-way line a distance of 467.90 feet; thence Southwesterly to the point of beginning. SCANNED