13-10 IUP Recorded-Amended and Restated IUP 96-02(a, -i0CA4
CAMPBELL KNUTSON
November 5, 2013
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Chanhassen — Miscellaneous Recording
Dear Kim:
Pursuant to your letter of September 17, 2013, enclosed herewith for your
files is the original recorded Amended and Restated Interim Use Permit #96 -2.
Please note that this Interim Use Permit was recorded with the Carver County
Recorder on October 10, 2013, as Document No. A 585554.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
Carole J. Hoeft
ejh Legal Assistant
Enclosure
NOV 8 - 2013
CITY OF CHANHASSEN
CARVER COUNTY
RECORD ER /REGIST- - -- - - -- --
Document No. OFFICE OF THE
DOCUMENT CC A 585554 COUNTYRECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on October 10, 2013 4:30 PM
Fee: $46.00
585559
IN III
Mark County Recorder
DOCUMENT
TITLE:
DOCUMENT
DATE:
DOCUMENT
NAMES:
CITY OF CHANHASSEN
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 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.
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/Flying Cloud Drive further to the west and providing a deceleration
lane along westbound CSAH 61/Flying Cloud Drive in conjunction with the CSAH 61/Flying
Cloud Drive improvements.
bb. All loading or unloading should be done on site and not blocking either CSAH 61 /Flying
Cloud Drive or Highway 101.
cc. The area of the new lot lines shall have the through driveway blocked from direct access to
the garden center to prohibit continued vehicle access to the garden center from this driveway
location.
dd. Permits must be obtained for the construction of, alteration of, or occupancy use changes to
any buildings on the site.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: May 28, 2013
(SEAL)
STATE OF MINNESOTA
( ss
COUNTY OF CARVER
CITY OF CHANHASSEN
BY. IL
Tom Furlong, Mayor
AND/--
odd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 3 /Oaay 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.
Cia"L �1�
NCT PUBLJC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227 -1100
re.No.ta El!GELiJHanABR6oDtT a 31 an p 7
5
g: \plan\2013 planning cases\2013 -10 bluff creek gardens iup amendment\amended iup.doc
0
I
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)