CC Staff Report 05-28-2013CITY OF
CAANAASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: May 28, 2013 b
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.
g: \plan\2013 planning cases\2013 -10 bluff creek gardens iup amendment \executive summary.doc
Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow
4i
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:
CHANHASSEN CITY CODE ON PROPERTY ZONED AGRICULTURAL ESTATE (A -2) AND
LOCATED AT 850 FLYING CLOUD DRIVE. APPLICANT: SHIP 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.
Alley: 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 Commission — May 21, 2013
Alter: I have a motion. Do I have a second?
Tennyson: I'll second.
Alter: 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.
4
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 Interim 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
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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.
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 NP #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 fanner'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 1UP conditions. The tenant was informed that the site
must be brought into compliance or the NP 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. i
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 4of5
3
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 corner
and will be relocated along the side of and behind the existing retail building.
Area 2: Growing range for in- ground, potted and balled nursery stock, display garden, storage bins
for stone and mulch future greenhouse future parkins 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
"
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11
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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 corner
and will be relocated along the side of and behind the existing retail building.
Area 2: Growing range for in- ground, potted and balled nursery stock, display garden, storage bins
for stone and mulch future greenhouse future parkins 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
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
turnback 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
101 /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 planning cases\2013 -10 bluff creek gardens iup amendmenrstaff report bluff creek garden iup amend.doc
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.
c. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and condition of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
h. Will have vehicular approaches to the property that do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
5. The Planning Commission shall recommend an interim use permit and the City Council shall
issue interim permits only if it finds that such use at the proposed location:
a. Meets the standards of a conditional use permit set forth in section 20 -232 of the City Code.
b. Conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date of event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the public to take
the property in the future: and
2
f The user agrees to any conditions that the City Council deems appropriate for permission of
the use.
6. Sec. 20 -268. Wholesale and retail nurseries:
(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.
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 21 st day of May, 2013.
CHANHASSEN PLANNING COMMISSION
ffim
Planning Commission Chairperson
glplan\2013 planning cases\2013 -10 bluff creek gardens iup amendment \findings of fact and recommendation.doc
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Planning Case No. ,ZOI a. w` 10
CITY OF CHANHASSEN ltso qi;�_a
7700 Market Boulevard - P.O. Box 147
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Chanhassen, MN 55317 - (952) 227 -1100 ., p
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DEVELOPMENT REVIEW APPLICATION ��� Cc,%,Q- 0'ou -I�
Rf-. E\ A_ c .,,
MINI . ._.. — - ---• -�
it Name and Address: Property—owner Name and Address:
Contact: j
Phone:�-C-� �75o�—s FaX:
Email: nl
t
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) 4n,t1�
Non - conforming Use Permit
Planned Unit Development*
Rezoning
CITY OF CHANHASSEN
RECEIVED
Sign Permits
APR '19 2013
Sign Plan Review
CHANHASSEN PLANNING f7EP'r
Site Plan Review (SPR)*
Subdivision*
An additional fee of $3 00 d
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
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost— S�
- $50 CUP /SPR/VAC/VAR/WAP /Metes & Bounds
- $450 Minor SUB d /
TOTAL FEE
per a dress 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'/3" X 11" reduced
copy for each plan sheet along with a digital cop y 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
I
PROJECT N
LOCATION:
LEGAL DESCRIPTION AND PID: 2S 03 5 I% U U
TOTALACREAGE: I( )
WETLANDS PRESENT: /n YES _ NO
PRESENT ZONING: 4 _2
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
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
Signa re Applicant D to
Signature Fee Owner Date
g: \plan\forms \development review applicationAm
SCANNED
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CHO HPSSEN PLANNINGI)FPT
SCANNED
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 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 corner 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 IUP amendment activities.
i. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving
exposed soils, the applicant will need to obtain an NPDES permit as determined by the
Pollution Control Agency.
j. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion
and sediment from their property. Upon inspection, if erosion becomes a problem on site, the
City may require the applicant to make corrections and stabilize soil.
k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize
erosion potential.
1. Applicant must fill out the aboveground storage tank installation permit application.
m. An aboveground storage tank installation permit must be issued by the Chanhassen Fire
Marshal before any type of work on tanks and dispensing equipment is started.
n. Acceptance test on the aboveground storage tank must be conducted by the installer and
witnessed by the Chanhassen Fire Marshal.
o. Building permits must be obtained for proposed structures and all must comply with the
Minnesota State Building Code.
rre!rs . ZATM -
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 corner of the property) may continue to be used for
these purposes. No materials or displays shall be placed within the right -of -way or obstruct the
view of the traveling public. The storage of materials over three (3) feet in height shall be
prohibited in the site triangle of Highway 101 and CSAH 61/Flying Cloud Drive.
u. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 8:00 a.m.
to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin
and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m.
v. Exterior light sources shall be shielded.
w. No outside speaker system shall be allowed.
x. The use shall terminate one year following the availability of public sewer and water service.
An annual review shall be made to determine compliance with the attached conditions.
y. The applicant shall work with staff to develop signage that will comply with city ordinances.
2
z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and CSAH
61 /Flying 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/Flying
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.
Dated: May 28, 2013
CITY OF CHANHASSEN
1:"
(SEAL)
om
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Tom Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me thisday 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
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227 -1100
gAplan\2013 planning cmes\2013 -10 bluff creek gardens iup amendmenA mended iup.doc
11
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)
W
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.
Subscribed and sworn to before me
this Q.441 day of 12013.
Notary Pu lic
L
KaredJ. Enge dt, Deputy Clerk
1%��l
yr, KIM T. MEUWISSEN
Notary Public- Minnesota
s;—'" My Commission Expires Jan 31, 2015
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ALLEN R ROTHE ANDREA S CARTY BRIAN J JOHNSON
750 VOGELSBERG TRL 675 LAKOTA LN 1190 BLUFF CREEK DR
CHASKA MN 55318 -9461 CHASKA MN 55318 -9455 CHASKA MN 55318 -9515
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
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
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