Loading...
IUP Recording Transmittal 09-17-2013CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227 -1100 FAX (952) 227 -1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 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 Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Skip Cook copies for approval copies for distribution corrected prints SIGNE ! c_ �.; "� oAA (im Vleuwi en, (952) 227 -1107 If enclosures are not as noted, kindly notify us at once. 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 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. i. If active grading, earthwork or landscaping activity exceeds I acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. m. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. 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. q. 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. 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. 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 61/171ying 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. Dated: May 28, 2013 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: IL 'k Tom Furlong, Mayor AND• odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 3 /sfday of?4� 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 PUBLJC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 rLjNGARNotary Publ'2 innesota Mycommisslon ExPire gAplan\2013 planning cases\2013 -10 bluff creek gardens iup amendment\amended iup.doc .n 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) 5