7 SPR 10000 Great Plains Blvd.CITY OF
P.C. DATE: 10-21-03
C.C. DATE: 11-10-03
REVIEW DEADLINE: 11-18-03
CASE: 97-8 SPR
BY: A1-Jaff
STAFF
REPORT
Z
n.
PROPOSAL:
LOCATION:
APPLICANT:
Site Plan Approval for the construction of a two story building for fish and
supplies on prop.erty zoned Agricultural Estate District.
South of County Road 14 (Pioneer Trail), and west of Highway 101 (Great
Plains Blvd.).
Don Halla
10000 Great Plains Blvd.
Chanhassen, MN
PRESENT ZONING:
A2, Agricultural Estate District
ACREAGE:
Approximately 10 acres
SUMMARY OF REQUEST: Site Plan Review for a two story building for fish and supplies on
property zoned Agricultural Estate District. The site is used as a nursery.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a site plan is limited to whether or not the
proposed project complies with Zoning Ordinance requirements. If it meets these standards, the
City must then approve the site plan. This is a quasi-judicial decision.
Halla Nursery
October 21, 2003
Page 2
PROPOSAL/SUMMARY
This request is for the construction of a two story fish and supplies storage area. The site is located
west of Highway 101, south of Pioneer Trail and north of Creekwood Drive. The lot area is
approximately 10 acres. It is zoned A-2, Agricultural Estate District. The addition is proposed to
be located between Buildings A and E3 (see attached map). The footprint of the first floor is
proposed to be limited to 2,000 square feet. The building is also proposed to contain a manager's
Proposed
location of
building and
reenhouse
Il
office, aquarium, water plant tanks, and marginal plant tanks. The applicant intends to use metal as
the exterior material of the building. A green house is proposed to be attached to the south of this
building.
The site is zoned Agricultural Estate District. The district allows for agricultural use. An
agricultural building for agricultural purpose is exempt from a building permit. It is staff's opinion
that the application for a Koi building is for retail sales and storage. It does not meet the
agricultural definition. Therefore, it is inconsistent with the permitted use in the district. The site is
operated as a Garden Center. The zoning ordinance defines a Garden Center as a place of business
Halla Nursery
October 21, 2003
Page 3
where retail and wholesale products and produce are sold to the retail consumer. These centers,
which may include a nursery and/or greenhouses, import most of its items sold. These items may
include paints, handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn
and garden power equipment and machinery, hoes, rakes, shovels and other garden and farm
tools and utensils. Garden Centers are a permitted use in the General Business District and a
Conditional Use in the Highway Business District. The subject site is zoned Agricultural Estate
District. The use is legal non-conforming. In 1997, a Stipulation for Entry of Judgment listed
conditions of approval ordered by the court. The judgment also included a list of existing buildings
and uses. The requested aquatic building is not included as a use in the judgment and the green
house is not shown on the plans approved by the court. The requested commercial building is an
intensification of a non-conforming use.
There are no other changes to the site.
Section 20-72 (a). states There shall be no expansion, intensification, replacement, structural
change, or relocation of any nonconforming use or nonconforming structure except to lessen or
eliminate the nonconformity.
Based upon the foregoing, staff is recommending denial of the site plan request.
BACKGROUND
Attached is the Order for Judgment and Judgment and Stipulation for Entry of Judgment for Halla
Nursery. The documents contain conditions of approval as ordered by the court.
SITE PLAN REVIEW
General Site Plan/Architecture
The site is bordered by Highway 101 to the east, and Halla Great Plains Estate residential
subdivision to the north and south. It is zoned A-2, Agricultural Estate District.
The applicant is requesting a two story aquatic building and a green house to be attached to the
aquatic building. The site has a nonconforming status and the ordinance prohibits expansion of
non-conforming uses.
SITE PLAN FINDINGS
In evaluating a site plan and building plan, the city shall consider the development's compliance
with the following:
Consistency with the elements and objectives of the city's development guides,
including the comprehensive plan, official road mapping, and other plans that may
be adopted;
Halla Nursery
October 21, 2003
Page 4
(2)
Finding: The site is guided residential large lot. The proposed use is not in
keeping with the comprehensive plan.
Consistency with this division;
Finding: The zoning ordinance allows garden centers as a permitted use in the
General Business District and a Conditional Use in the Highway Business District
only. The site is zoned Agricultural Estate District and the requested expansion is
an intensification of a non-conforming use. Also, the Building Official requested
the individual sewage treatment system (ISTS) on the site be evaluated by a
licensed ISTS designer to determine if it is in compliance with city code and MN
Rules Chapter 7080 before a building permit can be issued.
(3)
(4)
(5)
Preservation of the site in its natural state to the extent practicable by minimizing
tree and soil removal and designing grade changes to be in keeping with the
general appearance of the neighboring developed or developing or developing
areas;
Finding: The proposed structure is intended to be located in a hidden area behind
the main office building.
Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development;
Finding: As stated earlier, the building is proposed to be located in an area
hidden from views. The applicant has not submitted a building elevation plan
showing how it relates to the surrounding buildings. However, he has explained
that he intends to use metal as the main exterior material. Metal is prohibited as
the main material and may only be used as an accent.
Creation of functional and harmonious design for structures and site features, with
special attention to the following:
An internal sense of order for the buildings and use on the site and
provision of a desirable environment for occupants, visitors and general
community;
b. The amount and location of open space and landscaping;
Co
Materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
Vehicular and pedestrian circulation, including walkways, interior drives
and parking in terms of location and number of access points to the public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic and arrangement
and amount of parking.
Halla Nursery
October 21, 2003
Page 5
Finding: The building will be hidden from views. There are no intended changes
to the vehicular and pedestrian circulation.
(6)
Protection of adjacent and neighboring properties through reasonable provision
for surface water drainage, sound and sight buffers, preservation of views, light
and air and those aspects of design not adequately covered by other regulations
which may have substantial effects on neighboring land uses.
Finding: The applicant has a legal non-conforming use. The use has been
regulated through a Stipulation Agreement. The property is zoned A2 and guided
Residential Large Lot.
Wetlands
There do not appear to be wetlands on the subject site.
Gradin~
No grading is proposed in the subject area.
Drainage
Existing drainage will not be impacted.
Utilities
Halla Nursery is currently serviced by septic and well. The individual sewage treatment system
(ISTS) on the site must be evaluated by a licensed ISTS designer to determine if it is in
compliance with city code and MN Rules Chapter 7080 before a building permit can be issued.
Parkine Lot Circulation
The applicant has not submitted detailed parking information. Staff counted 34 parking spaces.
The addition can be classified as retail. The ordinance requires i space per 200 square feet.
Erosion Control
The applicant will be required to apply for a building permit. When the plans are reviewed, it
will be determined if there is a need for erosion control. Since there is no proposed grading,
most likely, there will be no need for erosion control.
Landscaoin~
No additional landscaping is shown.
Halla Nursery
October 21, 2003
Page 6
Lighting
None additional exterior lighting is shown.
Signage
No additional signage is proposed.
STAFF RECOMMENDATION
Site Plan Review
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission recommends denial of Site Plan Review #97-8 as shown on the site
plan dated received September 19, 2003 for findings listed in the staff report including:
1. Approval of the requested expansion is not in keeping with section 20-72 which prohibits
expansion of non-conforming uses.
2. The requested use is not permitted in the Agricultural Estate District.
3. The requested use was not approved under the Stipulation for Entry of Judgment."
Should the Planning Commission recommend approval of this application, staff recommends
adoption of the following motion:
"The Planning Commission recommends approval of Site Plan Review #97-8 as shown on the site
plan dated received September 19, 2003, with the following conditions:
1. Building Official Conditions:
a. The building is required to have an automatic fire extinguishing system.
b. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
c. The building must have exterior walls of not less than one-hour fire-resistive
construction if it is less than 20 feet from other buildings or structures. The plans
submitted are not detailed enough to make an accurate determination at this time.
d. Detailed occupancy and building area related code requirements cannot be
reviewed until further information is provided.
e. The individual sewage treatment system (ISTS) on the site must be evaluated by a
licensed ISTS designer to determine if it is in compliance with city code and MN
Rules Chapter 7080 before a building permit can be issued.
f. The owner and or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
2. The applicant shall submit a detailed building elevations plan and utilize an exterior
material permitted by ordinance.
3. Submit Parking Lot calculations."
Halla Nursery
October 21, 2003
Page 7
ATTACHMENTS
2.
3.
4.
Stipulation for Entry of Judgment.
Letter from Don Halla dated September 23, 2003.
Application.
Notice of Public Hearing.
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STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10/Other Civil
Court File No. C8-94-851
STIPULATION FOR ENTRY
OF JUDGMENT
STIPULATION, made this 10th day of February, 1997, by, between, and among the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and HALLA
NURSERY, INC., a Minnesota corporation, ("Tenant").
RECITALS
WHEREAS, Tenant leases the following described property ("Subject Property")
located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of
Minnesota consisting of approximately 12 acres now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to-wit:
Lot 10, Block 1, Halla Great Plains Addition, according to the
recorded plat thereof, Carver County, Minnesota.
The Subject Property is zoned A-2, Agricultural Estate District.
WHEREAS, in early 1994, Tenant constructed a new retail sales building ("Garden
Center") of approximately 5,000 square feet on the Subject Property, and no building permit
31155.12 Chanhassen/Halla Nursery, Inc.
r02/03/97
was obtained. Tenant has since used the Garden Center for retail sale of goods to the
general public.
WHEREAS, in May 1994, the City inspected the Garden Center. The City Building
Official found that the Garden Center did not comply with the Uniform Building Code
("UBC") requirements for a B-2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeking
to permanently enjoin Tenant's operation of a retail commercial business from the Garden
Center unless a Building Permit was obtained, the necessary requirements for a B-2
occupancy were satisfied and a certificate of occupancy issued.
WHEREAS, Tenant has obtained a Building Permit and has complied with the March
20, 1995 Letter of Understanding and completed all requirements for a B-2 occupancy for
the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The
City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate.
WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long term land use of the
Subject Property.
WHEREAS, the City is desirous of exercising its zoning and police powers for the
public good.
WHEREAS, the parties desire to amicably resolve and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
31155.12
r02/03/97 -2-
Chanhassen/Halla Nursery, Inc.
1. APPROVAL. Except as otherwise provided herein, the Subject Property shall
be subject to the requirements of the City's Zoning Ordinance, as may be amended from
time to time. Except as allowed by the Zoning Ordinance, no permitted, conditional, or
interim uses are allowed, however, except for the following uses at the locations identified
on the Site Plan, Exhibit "A", unless the use is approved in advance by the City Council.
A. Office, Garage, Sales Building K.
B. Garden Center L.
C. Existing Green Houses M.
D. Shade House N.
E. Future Green Houses O.
Storage Building
Play Area/Gazebo
Truck/Storage Building
Potting/Storage Building
Pump House
Po
So
LY.
V.
Storage In Bins
Peacock Barn
Game Barn
Bridge
Future Storage Bins
or Product on Pallets
Parking
Outdoor Display of Materials
Storage, Growing and Outdoor
Display of Plant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
Permitted Signage
Directional or Safety Signage
(TI - T18)
Future Pergola
Landscape Yard
Pond Easement Area.
These designated buildings and uses may continue in compliance with this Stipulation unless
such buildings or uses have become a public nuisance as determined by a court of competent
jurisdiction.
2.
27, 1997,
PLAN APPROVAL.
prepared by Tenant and attached hereto as Exhibit "A".
Property shall be in accordance with Exhibit "A" and Exhibit "B".
from the written terms of this Stipulation, the written terms shall control.
The City hereby approves the Site Plan dated January
The use of the Subject
If the Site Plan varies
31155.12 Chanhassen/Hat[a Nursery, Inc.
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3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit
"A" may not be enlarged beyond its current footprint, nor may a basement or second story
be added, unless approved in advance by the City Council.
A. Retail Sales - Defined. Retail sales means sales to the general public of the
products listed on the attached Exhibit "B". (Permitted Products).
B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
expressly allowed pursuant to this Stipulation and Exhibit "B".
C. Allowed Retail Sales. The general public may enter and use the Garden
Center, Greenhouses, Shade House, Office and the outdoor areas shown as K, O, Q and R
for the purpose of viewing, selecting and purchasing Permitted Products. All cash register
checkout activity must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales
are permitted may not be expanded or relocated on the Subject Property, Exhibit "A",
without the prior written approval of the City.
E. Expansion of List of Permitted Products. The list of Permitted Products
may not be expanded without the prior written consent of the City. The list of Permitted
Products may not be expanded without the prior written consent of the City, to include
power tools which are not hand held, farm implements, motor vehicles, snow plows or snow
plow blades, or recreational vehicles or non-handheld equipment of any kind.
F. Inspection. The City may inspect those portions of the Subject Property and
buildings which are open to the general public, without advance notice to the Tenant, during
the business hours when those portions of the Subject Property and the buildings are open to
31155.12 Chanhassen/Hat[a Nursery, Inc.
r02/03/97 -4-
the general public.
without any undue disruption to Tenant's use of the Subject Property.
4.
A.
The City agrees to conduct the inspections in a reasonable manner, and
NURSERY.
Nursery Stock and Nursery Equipment - Defined.
Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by
Tenant used for growing, storage, digging, installation or display of nursery stock.
B. Indoors. The buildings on the Site Plan identified as C, D, E, F, H, I, L and
M may be used for growing, storage and display of nursery stock, nursery supplies, Garden
Center supplies, and nursery equipment.
C. Outdoors. The outdoor area identified as R may be used only for storage,
growing and outdoor display of plant materials, or supplies on pallets or wheels.
D. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are permitted may not be expanded or relocated on the Subject Property, Exhibit
"A" without the prior written approval of the City Council.
5. LANDSCAPE YARD.
A. Defined. Landscape Yard means an area or use of land where vehicles,
equipment and materials commonly uses by nurseries and landscaping contractors are stored
or serviced.
B. Approval. The outdoor areas identified on the Site Plan as LY = Landscape
Yard may be used for a Landscape Yard.
C. Screening. The outdoor areas identified as LY on the Site Plan must be
screened, fenced or landscaped to provide effective screening of all vehicles, materials and
equipment from public streets and any property not leased or owned by Tenant. The
31155.12 Chanhassen/Hatta Nursery, Inc.
r02103197 -5-
screening must meet the requirements of City Code Section 20-1180, with the exception that
required screening may be located on adjacent property with the written consent of the owner
of the adjacent property.
D. Buildings. The buildings identified as A, F, H, I and J may be used for
storage of vehicles, equipment and materials used in conjunction with the Landscape Yard.
E. Expansion of Landscape Yard. The buildings and outdoor areas where
Landscape Yard activities are permitted may not be expanded or relocated without the prior
written approval of the City Council.
6. SIGNAGE.
A. Permitted Signage. The following signs are allowed:
1. Existing sign on the roof of the Garden Center.
2. Existing sign at the entrance to the Subject Property from Highway
101, or an updated pylon sign of the same height and square footage.
3. One off premises directional sign may be placed in the southeast
quadrant of the intersection of Highway 101 and Pioneer on Lot 2,
Block 1, Halla Great Plains Addition. The sign content shall be as
approved by City Staff in the sign permit. The sign may not exceed
eight (8) feet in height and seventy-two (72) square feet in size per sign
face. The sign may have two sides back-to-back or "V" shaped. The
sign shall not be lit. Before erecting the sign, a sign permit must be
obtained from the City. The sign must be removed when the lot on
which it is located is sold.
4. Plant identification signs not to exceed two (2) square feet each.
B. Directional/Safety Signage. On-site directional and safety signage as shown
on the Site Plan. Additional on-site directional and safety signage may be allowed provided
that it is approved by City Staff.
31155.12 Chanhassen/Halla Nursery, Inc.
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C. Prohibited Signage. All signs are strictly prohibited, except as expressly
allowed pursuant to paragraphs 6A and 6B of this Stipulation, or pursuant to a sign permit
issued by the City.
7. PARKING.
A. Minimum Number of Stalls. The areas identified as P on the Site Plan are at
least the minimum required parking stalls, which shall not be devoted to any other use.
B. Handicapped Parking and Fire Lanes. The handicapped parking stalls and
fire lanes as shown on the Site Plan must be designated and marked as required by State law
and City ordinances.
8. FENCE/SCREENING/BERMING.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
installing the future fence as shown on the Site Plan.
B. Installation Date. The future fence, screening or berming must be installed
within thirty (30) days after a certificate of occupancy is issued to any residential lot which
abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit
if necessary due to weather or ground conditions. The screening must meet the requirements
of City Code Section 20-1180, with the exception that required screening may be located on
adjacent property with the written consent of the owner of the adjacent property.
9. PUBLIC ADDRESS SYSTEM. Tenant may retain the existing public
address system, provided that Tenant shall permanently remove and disconnect all speakers
or other sound amplification devices located outside of a building by February 15, 1997.
The public address system or other sound amplification devices shall be operated so that it
31155.12 Chanhassen/Hat[a Nursery, Inc.
r02103/97 -7-
may not be heard by the human ear at the setback line of any property not leased or owned
by Tenant.
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon
execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit
The parties hereby stipulate to entry of said Order by ex-parte motion of
"C", to the Court.
either party.
11.
SEVERABILITY. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation.
12. WAIVERS/AMENDMENTS. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
this Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run with the land and may be recorded
against the title to the Subject Property.
14. NOTICES. Required notices to the Tenant shall be in writing, and shall be
either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Halla at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770
Creekwood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to
the City Manager and shall be either hand delivered to the City Manager of the office staff,
31155.12 Chanhassen/Halla Nursery, Inc.
r02/03/97 -8-
or mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317.
15. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subject Property.
16. JURISDICTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deems just and proper.
17. EQUAL PROTECTION. The City will not enforce any provision of law
against Tenant unless it is enforced on all A-2 users in accordance with the equal protection
doctrine.
18. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEMENT. The prevailing party in any action or proceeding in court
to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable
attorneys' fees and other reasonable costs and expenses from the non-prevailing party.
CITY OF CHANHASSEN
Nancy ~'¢MancigoT', Mayor
Don Ashworth, ~t~ Mai~ager}Clerk
31155.12 Chanhassen/Halla Nursery, Inc.
r02/03/97 -9-
STATE OF MINNESOTA
COUNTY OF CARVER
_.~.~The foregoing instrument was acknowledged before me this ,,~ ht ~' day of
, 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and
City Manage(f~Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf
of the corpora" Vtion and pursuant to the authority granted by its City Council.
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
Elliott B. Kn~tsdh, #168130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452-5000
31155.12 Chanhassen/Hatta Nursery, Inc.
r02/03/97 -10-
TENANT:
HALLA NURSERY, INC.
AND ~',~ · ~
STATE OF MINNESOTA )
) SS.
COUNTY OF DAr- era )
The foregoing instrument was acknowledged before me this
f:~_Ff¥2~ c;~-~/ , 1997, by ,47.,4- ~r /< D. rf.,'Fz
said corporation.
~/&day of
and
, the ~d¢¢, oc~' :'--- and
of Halla Nursery, Inc., a Minnesota corporation, on behalf of
Mr. Robert J. Bruno, //12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
(612) 890-9171
Notary Public
· ~ ~ ~OBiCl J BRUNO
DRAFFED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612)452-5000
31155.12 Chanhassen/Hatta Nursery, Inc.
r02/03/97 -11-
FEE OWNER CONSENT
TO
STIPULATION FOR ENTRY OF JUDGMENT
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee
owners of the Subject Property more particularly described in the foregoing Stipulation, do
hereby join in, affirm, and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the Subject Property owned by them.
DONALD E. HALLA n E. Halla
STATE OF MINNESOTA )
( SS.
COUNTY OF '.724~vT/4 )
The foregoing instrument was acknowledged before me this 4(- 75-- day of
Fegi'g c;.4P_ Y , 1997, by DONALD E. HALLA and-S-ANDRAg:~CWAYNA-HAIzLA7
husband and wife.
J' ¢~77 Owayna Halla
ANN M. WALDSCHMIDT
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Comm. Expires Jan. 31. 2000
AND SANDRA J. CWAYNA HALLA
NOTARY PUBLIC for Donald E. Halla
31155.12 Chanhassen/Hatta Nursery, Inc.
r02/03/97 -12-
EXHIBIT "B"- PER~MITTED PRODUCTS
PRODUCTS FOR THE INSTALLATION, SALES, CAKE, MAINTENANCE AND
ORNAMENTATION OF PLANTS, LAWNS, ANIMALS AND OTHER LANDSCAPE
FEATURES tm.4
FERTILIZERS
HERBICIDES ~
FUNGICIDES ~
BIRD SUPPLIES ~
BIKD FEEDERS ~'4
BIRD HOUSES
BIRD BATHS I¥2,4
WEED BAiR.gTE_._K FABRIC AND PINS
POWER AND HAND TOOLS ~
SEEDS:
SPREADERS:
WATERING EQUIPMENT 2,:
INFO~TIONAL TEXT:
PONDS
STATUARY
FENCING, h:
TRELLISES
GAZEBOS
LIGITI'ING
CHRISTMAS TREES & ACCESSORIES
BULBS:
CLOTHING ~
PESTICIDES ~
CHIMES ~':'~
POTTEKY
ANIMAL REPELLENTS ~
SOD:
WOOD TIES:
TOOL AND EQUi?MENT RI3NTAL
SOIL AMENDMENTS
TREE, SHRUB & PLANT MATERIAL
INSURANC~~GE EVALUATIONS
GIFT CERTIFICATES
GAMF_.~ARM ANSMALS & SUPPLIES
RETAINING WALL PKODUCTS:
PATIO PRODUCTS
ORNAMENTAL ITEMS ~
WATER PRODUCTS
BULK SOILS 2
BAG{RED MULCTS 'm
BULK MULCHES ~
BAGGED SOIL
SITE FURNITUR~ ~'~
CONSULTATIONS ~'~'~
GAUGES;
POLY ~
CLOTH AND NETTING ~
PLANT SUPPORTS ~'~
FOUNTAINS ~'~'a
FISH AND WATER PLANS
STRAWflvfAKSH I-LAY:
LABELS ~
BIRDS ~,2
LANDSCAPE DESIGNS
LABOR 22
MAINTENANCE 2.3
SNOW PLOWrNO
INSTALLATIONS :,a
CONSTRUCTION
RECONSTRUCTION za
REMOVAL TM
DELIVERY
BOULDERS ~
SAND:
EDGING
STRUCTURES ~'~
OUTDOOR LIVING ACCESSORIES
PLAYGROUND EQUIPMENT 1,2
DRAIN TILE & ACCESSORIES
MISCELLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PKAC-
TICAL, IMPROVEMENT, OR USE OF INDOOR 'AND OUTDOOR LIVING SPACES
~ Indoor sales from the Garden Center
2 Outdoor saJe$
~ Indoor sales from the Office
a Sales from the Greenhouses identified as Buildings C & E on Exhibit A.
STATE OF MINNESOTA
COUNTY OF CARVER
'FILED
h1AR - 6 1997
CARVER COUNTY COURTS
City of Chanhassen,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Plaintiff,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10/Other Civil
Court File No. C8-94-851
ORDER FOR JUDGMENT
AND JUDGMENT
ORDER FOR JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are
each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is
incorporated herein by reference.
2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the
Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation
of any obligation under the Stipulation will constitute immediate and irreparable damage to
the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and
permanent injunctive and equitable relief to cure the violation upon application to the District
Court.
30982.02 ]~]IBI'~' ~'(~'
07/22/96
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court.
4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its
entirety with prejudice.
5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
,ate : , 9.4
BY THE COURT:
(Court Seal)
Dated: March 6, 1997
The above Order hereby constitutes the Judgment of this Court.
/79
30982.02
07/22/96 -2-
Document No:
STATE OF MINNESOTA
CARVER COUNTY RECORDER
(Abstract Department)
Filling Fee:--/"~ ~O Copy Fee:
CheckNo: ./ 7~ ,~ Cash
Carl W. Hanson Jr., Coun~ R~order
09/23/2003 TIrE 16:30 FAX
952 445 6557 HALLA NURSERY INC
002/002
PO~D BUILDERS, "r~liE MOVERS, GARDEN CENTER & G'RI~ENHOUSES
10~001) Gceat Plains BIV~I., Chaaka, Minnesota 55318.946S '~
Located on Hwy. 101, 3 Miles .qouth of Hwy. 5 I1~ Chanhassen
Phone 952-445-655~ Fax 952-44S-6557
City of Chanhassen
Attn. Sharmin Al-jaff
Dear Sharmin,
I'm WrRing to inform you that Halla Nursery, inc.
Needs a building to house our pond supplies, water plants, Koi,
Goldfish, ect. This would not be energ~y efficient as fish need to be kept
at a water temperature of 55-70 degrees, and U.V. light ruins the
printing packaged supplies: pumps, ~ters, etc. We therefore need to
build a pole barn building (like the other building we presently have).
The building would be located behind our office building as
shown on our sRe plan. We are limited to a 2,000 sq. ft. inside
dimension foot print, by fire code. Therefore, we need a second floor
for storage of supplies eet.
We would also have a managers' office, aquarium, water plant
tanks, and marginal plant tanks in the building and the greenhouse
attached to the south of the pole barn building attached to the south of
this building. Our aquatic department, pond and waterfall area is
growing rapidly. We need appropriate space to serve our customers
demands.
Thank for your time and considerations.
Sincerely,
Don E. Halla
Halla Nursery, Inc.
10,000 Great Plains Blvd.
Chaska, MN 55318
952-445-6555-Ext.-101
612-282-6672 Cell
"THE PLACE TO GO FOR PLANTS THAT GROW"
YOUR '3TATE AND NATIONAL LANDSCAPE AWARD" WINNINO NURSERY FOR DESIGNING & PLANTING
EMPLOYEE PARKING
PULLED
AREA
BLOCK 26
BLOCK 25
BLOCK 23 ~
BLOCK 22
PLAY AREA
BLOCK
,c:=::, BLOCK18
BLOCK 24 ' ~>
BLOCK 20 ' >
BLOCK 21
BLOCK 17
BLOCK 15 ~
<C==~ BLOCK 14
BLOCK 16 c==;>
BLOCK 13
IBLOCK
BLOCK 10
BLOCK 12 ~
BLOCK 9
BLOCK 7 ~
~ BLOCK 6
IBLOCK 3 ~
<c:=~ BLOCK 2
BLOCK 8 '
<C=~ BLOCK 5
BLOCK 4
~ BLOCK
ANNUAL
HOUSE
GARDEN
CENTER --
GROWING GREEN HOUSE
PERENNIAL PULLED
AREA
SHADE HOUSE
O
PLANTS
[1 I
KOI
RETAIL GREEN
HOUSE
OFFICE
GARAGE
STORAGE SHED
PARKING
LOT
PARKING
PARKING
PARKING
SOD
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT:
ADDRESS:
TELEPHONE (Day time)
__ Comprehensive Plan Amendment
__ Temporary Sales Permit
Conditional Use Permit
Vacation of ROW/Easements
Interim Use Permit
Variance
__ Non-conforming Use Permit
Wetland Alteration Permit
__ Planned Unit Development*
__ Zoning Appeal
__ Rezoning
__ Zoning Ordinance Amendment
__ Sign Permits
__ Sign Plan Review
/
~/' Site Plan Review* S ~Z~ X Escrow for Filing Fees/Attorney Cost**
5'# ~'~UP/SPR/VACNAR/WAP/Metes
~Z:}---- and Bv ' -ounds, $400 Minor SUB)
__ Subdivision* '---'"'~ ¢ O TOTAL FEE $ ~ ,¢)4). C~)
__ Notification Sign
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
*Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy
for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING //~
YES ~ NO
PRESENT LAND USE DESIGNATION ~
REQUESTED LAND USE DESIGNATION ~
This application must bo comploted in full anO ba ~powri~on or clearly pdntod and must bo accompaniod by all inIormation
anO plans requbed by applicablo Ci~ OrOinanco provisions. ~oforo filin~ this application, you shouM confer with tho ~lannin9
Dopa~mont to Ootormino tho sp~ific orOinanco and procodural roqubomonts applicablo to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
r, equbem_~nts and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
bxtension'"f~ development review. Developmel~t review shall be completed within 120 days unless additional review
e~en_~ions ar'bXapproved by the applicant, _ /
Sign-a_t_ure_o"~plicant .,/- /")//
Signature of Fee Owner
Application Received on
Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 21,2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Site Plan for 2-Story
Building
APPLICANT: Halla Nursery
LOCATION: 10000 Great Plains Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants,
Halla Nursery, is requesting site plan review for a 2,000 sq. ft. two stow building for fish and supplies
on property zoned Agricultural Estate District and is located at 10000 Great Plains Blvd.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written
comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies
to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on October 9, 2003.
J Pro~sed,oca, on
®091~
BLUFF CREEK GOLF ASSOC
1025 CREEKWOOD DR
CHASKA MN 55318
GERALD R JR & SHELLY D COOK
7265 BUTTERSCOTCH RD
EDEN PRAIRIE MN 55346
slaqe'! ssaJppv
DAVID S & CLARE M JOHNSON
821 CREEKWOOD DR
CHASKA MN 55318
DONALD E HALLA &
SANDRA J CWAYNA HALLA
10000 GREAT PLAINS BLVD
CHASKA MN 55318
SHAWN S & NICOLAS SMITH
18614 CLEARVIEW DR
MINNETONKA MN 55345
KAY M HALLA
770 CREEKWOOD DR
CHASKA MN
55318
BLUFF CREEK GOLF ASSOC
1025 CREEKWOOD DR
CHASKA MN 55318
DONALD E HALLA ETAL
10000 GREAT PLAINS BLVD
CHASKA MN 55318
MARYANNE M WHITE
670 CREEKWOOD DR
CHASKA MN
55318
DONALD E HALLA &
SANDRA J CWAYNA HALLA
10000 GREAT PLAINS BLVD
CHASKA MN 55318
:THOMAS J & KATHLEEN R GERTZ
10001 GREAT PLAINS BLVD
ICHASKA MN 55318
JOHN & ANNA MAE MAKELA
9860 RASPBERRY HL
CHASKA MN 55318
THOMAS J & KATHLEEN R GERTZ
10001 GREAT PLAINS BLVD
CHASKA MN 55318
LISA CUFF
9855 DELPHINIUM LN
CHASKA MN
55318
DAVID R TEICH
1217 MONROE ST S
SHAKOPEE
MN 55379
CONRAD L KERBER
9850 DELPHINIUM LN
CHASKA MN
55318
BLUFF CREEK GOLF ASSOC
1025 CREEKWOOD DR
CHASKA MN 55318
VIVEK KAUL &
SHERYL R EBERT
14329 RAYMOND LN
EDEN PRAIRIE
MN 55347
DONALD E HALLA &
SANDRA J CWAYNA HALLA
10000 GREAT PLAINS BLVD
CHASKA MN 55318
JAXON D & ALLISON L LANG
9870 DELPHINIUM LN
CHASKA MN 55318
WALTER G & CHRIS A ARNDT
10151 GREAT PLAINS BLVD
CHASKA MN 55318
KEN K HOLMBERG &
NANCY J ROSSBERG
9885 RASPBERRY HL
CHASKA MN
55318
DALE ALAN GUNDERSON
845 CREEKWOOD DR
CHASKA MN
55318
~Oqt~; JOl aleldtual asfl .... slaauc D99.1 UlOOEUC
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Sharmin Al-Jaff, Senior Planner
Steven Torell, Building Official
October 6, 2003
Site Plan review for a 2,000 sq. ft. two story building located at
10000 Great Plains Blvd., Halla Nursery.
Planning Case: 97-8 Site Plan
I have reviewed the plans for the above building. Following are my comments,
which should be included as conditions of approval.
1. The building is required to have an automatic tire extinguishing system.
2. The plans must be prepared and signed by design professionals licensed in
the State of Minnesota.
3. The building must have exterior walls of not less than one-hour tire-resistive
construction if it is less than 20 feet from other buildings or structures. The
plans submitted are not detailed enough to make an accurate determination
at this time.
4. Detailed occupancy and building area related code requirements cannot be
reviewed until further information is provided.
5. The individual sewage treatment system (ISTS) on the site must be
evaluated by a licensed ISTS designer to determine if it is in compliance
with city code and MN Rules Chapter 7080 before a building permit can be
issued.
6. The owner and or their representative shall meet with the Inspections
Division as soon as possible to discuss plan review and permit procedures.
G/safety/st/memos/plan/10000 Great Plains- fish building