PC Staff Report 4-18-06
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PC DATE: April 18, 2006
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CC DATE: May 8, 2006
CITY OF CHANHASSEN
REVIEW DEADLINE: May 16,2006
CASE #: 06-15
BY: Josh Metzer, et. al.
STAFF REPORT
PROPOSAL:
Request for an amendment to Interim Use Permit #96-2 for expansion ofthe
wholesale/retail nursery use.
Northwest of the intersection of Highway 212 and Highway 101 D'&Y-
850 Flying Cloud Drive
LOCATION:
APPLICANT:
Skip Cook (Property Owner)
15506 Village Woods Drive
Eden Prairie, MN 55347
612-750-5887
Keith Werner (Green Gardens)
850 Flying Cloud Drive
Chaska, MN 55318
612-220-8554
PRESENT ZONING: Agricultural Estate District (A2)
2020 LAND USE PLAN: Residential - Medium and High Density and Office
ACREAGE: 10.9 DENSITY: N/A
SUMMARY OF REQUEST: Request for an amendment to Interim Use Permit #96-2 for expansion of
the wholesale/retail nursery use.
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 the 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.
Green Gardens
Interim Use Permit Amendment
850 Flying Cloud Drive
Planning Case No. 06-15
City of Chanhassen
Bluff Creek Golf Course
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Raguet Wildlife Management Are
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 2
PROPOSAL/SUMMARY
The applicant is requesting an amendment to Interim Use Permit (IUP) #96-2 to allow for the
expansion of the existing wholesale/retail nursery use. Interim use permits and amendments to
them are processed in the same manner as conditional use permits.
The project site is located in the northwest quarter of the intersection of Highway 212 and Highway
101. Immediately to the north of the subject property are the Hennepin County Regional Trail
Corridor and a single-family home on a 1.2 acre parcel. To the east across Highway 101 is the
Brookside Motel. To the south across Highway 212 is Golf Zone, formerly known as Rain, Snow
or Shine Golf. And to the west is a 6-acre parcel used for agricultural purposes. The site has two
access points, one gained via Highway 212 (Flying Cloud Drive), the other gained via Highway 101
(Great Plains Boulevard).
APPLICABLE REGULATIONS
Sections 20-231 through 20-237, Conditional Use Permits
Section 20-320 through 20-323, Interim Use Permits
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.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 3
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.
BACKGROUND
On March 11, 1996, the City Council, upon recommendation from the Planning Commission,
approved an ordinance amendment permitting wholesale and retail nurseries in the A-2 district as an
interim use. On July 8, 1996, the City Council approved IUP #96-2 for a wholesale and retail
nursery, and a 250-foot Variance from the 300-foot setback requirement from residential property.
The subject property has been used as a farmer’s market and retail nursery prior to the adoption of
the Chanhassen zoning ordinance in 1972. Sunny Acres produce stand occupied the subject
property prior to the site being used as a nursery. Use of the property for retail purposes predates
the City’s Zoning Ordinance. The site contains four structures: the primary retail building
measuring 40’ x 50’ (2,000 square feet) in area, two white storage structures measuring 32’ x 40’
(1,280 square feet) each, and one greenhouse.
In the fall of 2004 and spring of 2005, staff conducted inspections of the subject property to
determine compliance with the conditions of IUP #96-2. It was discovered that the tenant (Green
Gardens) was in violation of several of the IUP conditions. The tenant was informed that the site
must be brought into compliance or the IUP would need to be amended to allow the expanded use.
A notice of noncompliance dated June 2, 2005 is attached.
IUP ANALYSIS
IUP #96-2 was approved with a site plan that split the property into four sections (Areas 1-4). The
proposed expansion of the nursery use will basically consist of a rearrangement of permitted uses in
relation to their area designations. The proposed use is as follows with changes requiring
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 is proposing to create office space in a
portion of the proposed third storage building for the sole purpose of serving wholesale customers.
Staff is recommending the storage shed be of compatible design, materials and color to those of the
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 4
existing storage sheds. A building permit must be obtained and the structure must comply with the
Minnesota State Building Code. As a temporary supplement for extra office space, the applicant is
proposing to maintain the use of a mobile office trailer (pictured in June 2, 2005 letter). Staff is
recommending the applicant be allowed to utilize the trailer through November 30, 2006. The
trailer must be permanently removed from the property no later than December 1, 2006. 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 parking and a decorative pergola walkway/display.
If storage bins for stone and mulch are permitted in Area 2, then staff is recommending they be
screened from Highway 212 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
the applicant that Area 3 is more suitable for the storage of hard goods than Area 1. With the
proposed screening of Area 3, the site will become more aesthetically pleasing.
Area 4:
It is envisioned that this area will be used for storage of overflow nursery stock (i.e. mulch,
trees, plants and shrubs.
The existing monument sign does not comply with City Code. Staff is recommending that the
applicant work with staff to bring existing signage into compliance with City Code. The monument
sign shall be set back a minimum of 25 feet from the property line. The total sign area shall not
exceed 24 square feet of sign display area, nor be more than five feet in height.
The existing tanks for storage and dispensing of fuels into motor vehicles do not meet Minnesota
State Fire Code. In order to comply with the Chanhassen Fire Department/Fire Prevention
Division, the applicant must meet the attached conditions regarding fire code or city
ordinance/policy requirements. The site plan review is based on the available information
submitted at this time. If additional plans or changes are submitted, the appropriate code or
policy items will be addressed.
Enclosed are copies of the installation of aboveground tanks for dispensing fuels into motor
vehicles. This information should assist the owner with the correct way to install the
tanks/dispensing equipment.
Staff feels the proposed changes are reasonable and will improve the overall aesthetics of the
nursery center. Therefore, staff is recommending approval of the proposed IUP amendment with
conditions.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 5
GRADING/DRAINAGE/EROSION CONTROL
Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage
way which runs along the northwest corner of the property. This will eliminate the possibility of
materials being dumped in the drainage way. The accumulation of nursery waste shall not be
permitted on site. The presence of an on-site dumpster will eliminate the dumping problem.
Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be modified
or changed through grading as part of the IUP amendment activities.
If active grading, earthwork or landscaping activity exceeds one 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. Staff is recommending
that all drive lanes be surface with a Class V gravel base or similar material to minimize erosion
potential.
LANDSCAPING
The landscape requirements for Green Gardens include parking lot landscaping and bufferyard
plantings. Vehicular use areas of 6,000 square feet and larger require interior landscape features
such as landscape islands and/or peninsulas. Based on preliminary measurements of the
proposed parking and drive areas it appears that these islands or peninsulas and corresponding
tree plantings will be required. The applicant shall submit vehicular use area measurements.
The parking areas will also require screening from Highway 212. These plantings are to be
located between the road and the parking lot. In the proposed plan, the parking area is located at
the property line. The lot will have to be moved north in order to accommodate plantings along
Highway 212. Screening may also be required in front of the stone sales area and mulch bins
depending on the visibility of these areas from Highway 212.
FINDINGS
The Planning Commission shall recommend a conditional use permit and the City Council
shall issue such conditional use permits only if it finds that such use at the proposed
location:
1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding:
The proposed use will not be detrimental to or endanger the public health or safety if
the appropriate conditions are attached to the permit.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 6
Finding:
The proposed use is consistent with the City’s comprehensive plan and zoning
ordinances. Staff sees this use as a temporary use of the site until municipal sewer and water are
brought to the property. At that time the use may change to a more intensive use.
3. Will be designed, constructed, operated and maintained so 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.
Finding:
The proposed use will be operated in a manner which is consistent with other uses and
compatible in appearance with the general vicinity subject to compliance with the conditions of
the permit. Additional buffering should be provided along TH 212.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding:
The expansion of the existing use will not be hazardous or disturbing to existing or
planned neighboring uses. There is an existing home to the north, a motel to the east, a golf
course to the south and an agricultural use to the west.
5. 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.
Finding:
The proposed use will be served by adequate public streets, private well and septic
system.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding:
The proposed use will not be detrimental to the economic welfare of the community.
The use is proposed to be temporary until municipal services are brought to the site.
7. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare due to excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding:
Expansion of the existing nursery operation by adding additional storage, growing
areas, display areas and parking will not further impact adjoining properties or the general
welfare if the conditions of the permit and complied with.
8. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding:
The nursery operation will utilize the existing access points onto Highway 212 (Flying
Cloud Drive) and Highway 101. The site is accessible from Highway 101 and Highway 212.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 7
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding:
The nursery operation will not result in the destruction, loss or damage of solar
access, natural, scenic, or historic features of major significance.
10. Will be aesthetically compatible with the area.
Finding:
The nursery will be aesthetically compatible with the surrounding area with
compliance of the conditions of the permit.
11. Will not depreciate surrounding property values.
Finding:
The proposed use will not depreciate surrounding property values if the conditions of
the permit are met.
12. Will meet standards prescribed for certain uses as provided in this ordinance.
Finding:
The nursery will meet applicable standards with the exception of revised locations of
storage areas.
Section 20-383. General issuance standards.
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:
1.Meets the standards of a conditional use permit set forth in section 20-232 of the City Code.
2.Conforms to the zoning regulations.
3.The use is allowed as an interim use in the zoning district.
4.The date of event that will terminate the use can be identified with certainty.
5.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
6.The user agrees to any conditions that the City Council deems appropriate for permission of the
use.
Findings:
The nursery operation meets the above standards. Staff has recommended
conditions which should allow the use to be compatible with adjacent properties and the
provisions of the City Code.
Sec. 20-268. Wholesale and retail nurseries:
1.The site must be on a collector or minor arterial as identified in the comprehensive plan.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 8
Finding:
The property is located on collector/arterial streets.
2.The minimum lot size is five acres.
Finding:
The property is over ten acres in area.
3.All storage and yard areas as well as buildings must be setback fifty (50) feet from public or
private road right-of-ways, and three hundred (300) feet from an adjacent single family
residence or a minimum of fifty (50) feet from a side lot line, whichever is greater.
Finding:
The applicant is permitted to maintain a 50 foot setback from all property lines as part
of IUP #96-2.
4.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 one hundred (100)
percent opaque fencing or berming.
Finding:
One residential property is located to the north of the existing business. A partial
buffering is provided with the existing vegetation and landscaping. If the storage of equipment
is permitted in Area 4, then additional vegetation and landscape plantings must be planted to
provide a 100% buffer to the adjoining property.
5.Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00 a.m. to 5:00
p.m. on Saturday and Sunday. 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.
Finding:
The hours of operation will comply with those stated above.
6.Light sources shall be shielded.
Finding:
Any proposed lighting shall be done in a manner as not to infringe upon neighboring
properties or negatively impact traffic on the adjoining roadways.
7.No outside speaker systems shall be allowed.
Finding:
No speaker system shall be allowed.
8.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 permits. 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.
Finding:
The termination date of this permit will coincide with the availability of public sewer
and water service.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 9
9.One wall sign not to exceed ninety (90) square feet, and one monument sign not exceeding
twenty-four square (24) square feet in size or eight (8) 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 to
adjacent to property guided residential as identified in the Comprehensive Plan.
Finding:
All signage shall comply with these standards.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Planning Commission recommends approval of the amendment to Interim Use Permit #96-2
allowing the expansion of the wholesale/retail nursery use on property located in the Agricultural
Estate (A-2) District at 850 Flying Cloud Drive, as shown on the plans prepared by Jeff Zeitler of
Green Gardens dated March 31, 2006, subject to the following conditions:
1.The applicant shall submit vehicular use area measurements.
2.The applicant shall install landscape islands or peninsulas based on the overall area of the
vehicular use area.
3.The applicant shall install overstory trees in the parking area in quantities as required by City
Code.
4.Bufferyard plantings will be required along Highway 212 to screen the parking lot.
5.Bufferyard plantings may be required in front of the stone sales area and mulch bins
depending on the visibility of these areas from Highway 212.
6.Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage
way which runs along the northwest corner of the property.
7.The accumulation of nursery waste shall not be permitted on site.
8.Drainage in the Highway 212 right-of-way and Highway 101 right-of-way shall not be
modified or changed as part of the IUP amendment activities.
9.If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving
exposed soils, the applicant will need to obtain an NPDES permit as determined by the
Pollution Control Agency.
10.If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion
and sediment from their property. Upon inspection, if erosion becomes a problem on site, the
City may require the applicant to make corrections and stabilize soil.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 10
11.All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize
erosion potential.
12.Applicant must fill out the aboveground storage tank installation permit application.
13.An aboveground storage tank installation permit must be issued by the Chanhassen Fire
Marshal before any type of work on tanks and dispensing equipment is started.
14.Acceptance test on the aboveground storage tank must be conducted by the installer and
witnessed by the Chanhassen Fire Marshal.
15.Building permits must be obtained for proposed structures and all must comply with the
Minnesota State Building Code.
16.Construction of the third storage shed shall be of compatible design, materials and color to those
of the existing storage sheds.
17.The applicant will be allowed to utilize the trailer through November 30, 2006. The trailer must
be permanently removed from the property no later than December 1, 2006.
18.Use of the temporary office trailer shall cease within 30 days following the issuance of
certificate of occupancy for the third storage shed.
19.Area 4 shall not be used for the storage of equipment, materials or vehicles associated with
the nursery. Storage or display of nursery stock is permitted in Area 4.
20.A 50-foot setback shall be maintained from all property lines for the storage of materials,
growing ranges and parking, except that the existing display area adjacent to Highway 212 and
Highway 101 (southeast 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 212.
21.Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 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.
22.Exterior light sources shall be shielded.
23.No outside speaker system shall be allowed.
24.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.
25.The applicant shall work with staff to develop signage that will comply with city ordinances.
26.Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212.
Green Gardens IUP Amendment
Planning Case No. 06-15
April 18, 2006
Page 11
27.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.
28.No outside storage of equipment and materials unrelated to the nursery business shall be
permitted.
29.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.
30.No grading of the property shall be permitted unless a grading permit is obtained from the City.
31.The applicant shall work with MnDOT in examining the possibility of relocating the access
point on TH 212 further to the west and providing a deceleration lane along westbound TH 212
in conjunction with the Highway 212 improvements.
ATTACHMENTS
1.Findings of Fact and Recommendation.
2.Development Review Application.
3.Letter from Keith Werner to the City dated March 15, 2006.
4.Memo from Mark Littfin to Josh Metzer dated, April 7, 2006.
5.Letter of Noncompliance with IUP #96-2 dated June 2, 2005.
6.Interim Use Permit #96-2.
7.June 19, 1996 Planning Commission Minutes.
8.July 8, 1996 City Council Minutes.
9.Affidavit of Mailing Notice.
10.Original Site Plan dated July 8, 1996.
11.Proposed Site Plan dated March 31, 2006.
g:\plan\2006 planning cases\06-15 green gardens iup amendment\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Skip Cook & Green Gardens for an amendment to Interim Use Permit
#96-2 to expand the existing wholesale and retail nursery use on property zoned
Agricultural Estate (A-2) at 850 Flying Cloud Drive - Planning Case No. 06-15.
On April 18, 2006, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Skip Cook & Green Gardens for an
amendment to Interim Use Permit #96-2 to expand the existing wholesale and retail nursery
use on property zoned Agricultural Estate (A-2) at 850 Flying Cloud Drive. The Planning
Commission conducted a public hearing on the proposed conditional 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 Residential - Medium and High Density
and Office.
3. The legal description of the property is: See attached "Exhibit A".
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.
1
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.
1. 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
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:
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.
2
c. All storage and yard areas as well as buildings must be setback fifty (50) feet from
all property lines.
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
one hundred (100) percent opaque fencing or berming.
e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00
a.m. to 5:00 p.m. on Saturday and Sunday. 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.
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 permits. 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.
1. One wall sign not to exceed ninety (90) square feet, and one monument sign not
exceeding twenty-four square (24) square feet in size or eight (8) 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 to adjacent to property guided residential as identified in
the Comprehensive Plan.
7. The planning report #06-15 conditional use permit dated April 18, 2006, prepared by
Josh Metzer, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the amendment to Interim Use Permit
#06-15 to expand the existing wholesale and retail nursery use on property zoned Agricultural
Estate (A-2).
ADOPTED by the Chanhassen Planning Commission on this 18th day of April, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Planning Commission Chairperson
g:\plan\2006 planning cases\06-15 green gardens iup arnendrnent\findings offact and recommendation.doc
3
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EXHIBIT'A
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.That part 9t the Southeast Quarter of the Northeast Quarter of
Section 35 , Township 1 H~ . North, ,~,~pge 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 ofS~ate
Highway No. 101 as laid out and traveled, EXCEPT the following
described parcel:
. .
Commencing at a point in the centerline of the Chicago
Northwestern Reii lway main tracks said point being
646.50 feet Westerly of the East line of the Northeast
one-quarter of said Section 35 as measured along the
centerline of said tracks: thence Sou~heaste~ly at an
angle of 80 degrees 35 minutes 18 seconds as measured
from East to South from th~ ceriterline of sa~d tracks,
a .distance of 402.11 feet to the point of b~ginrting Of
the parcel to be described: thenCe Northwesterly along
the last described line, a distance of 224.31 feet to
the Southerly right-of-way line of the said Chicago
Northwestern Railway; thence Easterly along said
Southerly right-of-way line a distance of 461.90 feet;
thence Southwesterly to the point of beginning.
Planning Case No. 6b -l S'
CITY OF CHANHASSEN ,
7700 Market Boulevard - P.O.,Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Contact: ~ 'J\
Phone: (Pl~- ~9-~C:;~ Fax:~5J.->>lj-~''')9
Emai): ~tAt-\\ Jv\irJtJ 0 'l1l\V\oc, (frA'
Owner Name and Address:
~l~OJ;;,~:'I1;~=dS !lV\V{_ .
Contact: ~ \<t (L C-<lo\S..
Phone:~ll."lSb- S<:i'i/7 Fax:
Email:
NOTE: Consultation with City staff is reQuired prior to submittal, including review of developm~nt
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
-A- Interim Use Permit (IUP) ,qdMeNdM,(~+
Vacation of Ri9ht-of-WaY/Easem~nts (V AC)
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit rNAP)
Planned Unit Development'"
Zoning Appeal'
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost-
Site Plan Review (SPR)* - $50,CUP/SPRNACNAR/WAP/Metes & Bounds
- $450 Minor SUB
Subdivision" T~TAL FEE: $' 47.5 (' t\uo."..~. ,fu-
An additional fee of $3.00 per address within the public hearing notificati,on area will be invoiced to the applicant
prior to the public hearing. '
"'Sixteen (16) full~size folded copies of the plans must be submitted, including an 8%n X 1'1"
reduced copy for each plan sheet along with a digital COpy in TIFF-Group 4 ("'.tit) 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 charge~ for
each application.
SCANNED
600/Z00~
XHOHUOOM YNVH l33R1SNIVW Ogttgr.LTgg YV.~ RO:GT TN~ QOO7./oTir.o
PROJECT NAME:
LOCATION: 8'50
LEGAL DESCRIPTION:
fl )'1.N1
-
,...
;!
TOTAL ACREAGE: -.J 0
WETLANDS PRESENT:
YES
'i-
NO
PRESENT ZONING: ~fIN}^ r.J....
REQUESTED' ZONING: 5~ f'I'.a-
PRESENT LAND USE DESIGNATION: _N V\;y'S~'1
REQUESTED LAND USE DESIGNATION: 'SA fV\..R...
REASON FOR REQUEST: W'C.. w.o", \~ \ ~ \<..n +-\1) t"\'A k
\0 tk.. \ r-J~ '-', ^'" '^~ ~~(,"h~' -\-;~ I,M rr~v<....
*'("~ri (y.~.",~ ~)
~
::t.k.
IV\ \ rJ.o'\
~{lf~
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. T~is 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.
~I ~ ~/J-
Signature of Applicant
~ ~ tJ4-
Signature of Fee OWner ~
3- 3 ElOo~
Date
3.. 3 Joo?,
Date SCANNED
Rev. 12/05
G:\pLAN\forms\Development Review Applicatlon.DOC
C:OOIZOO ~
XIDlHaoOM )lNVH IHffillSNJVW Ogngr.ngg YV.~ RO: GT nl~ ~oo7./oT/rn-"
RECEIVED
MAR 17 2006
CITY OF CHANHASSEN
March 15,2006
Josh Metzer
Planning Department City of Chanhassen
Chanhassen, Minnesota
Dear Planning Commission members;
Green Gardens Nursery and Landscape Inc. located at 850 Flying Cloud Drive is
applying to amend its' current interim use permit. The current permit was established in
1996 and severely limits the new business owners desire to improve the aesthetics of the
property and the viability of the nursery.
Core changes proposed
1. Screen and establish landscape and bin materials on second level of the property.
The current !UP restricts landscape materials to the lower property level which is
difficult to screen and divides the plant material sales area.
2. Establish display gardens, pergolas, and arbors on the lower area of the property.
3. Incorporate the current temporary aesthetically pleasing storage structure and
seasonal office on its current site and plan for a future storage/office structure on
the site. (See map)
4. Add additional parking for trucks and equipment behind the current storage
structures to improve the aesthetics of the property and screen them from the
highway.
5. Creation of a monument sign following the guidelines of the City of Chanhassen
sign ordinance.
Green Garden's management believes the proposed changes in the current interim use
permit will improve the overall atmosphere of the garden center. The proposed changes
will enhance the overall aesthetics of the city and establish an impressive gateway to the
city of Chanhassen. Over the last two years Green Gardens has worked hard to clean the
850 flying Cloud property and create a more inviting environment for the benefit of the
city, the health of the local economy, and the business. We feel the current business and
the proposed !UP changes are consistent with the cities comprehensive plan for the
property and surrounding area.
Green Gardens is extremely sensitive to the design and appearance of the overall property.
We feel that the proposed changes will improve the overall appearance of the property. The
project will be designed, constructed, operated, and maintained to be compatible in
SCANNED
appearance with the existing or intended character of the general vicinity. The !UP changes
will not change the essential character of that area and improve the general value of the
property and the adjoining areas. The improvements will not require additional city services
and will create a more functional facility.
The proposed changes to the interim use permit will not result in increased intensity of the
use of the land -- the changes are for business functionality and aesthetic purposes and will
not result in more traffic and noise or other offensive issues.
Green Gardens will not be making changes vehicular flow or the entrances to the property.
The proposed !UP changes will not negatively impact historic or natural features of the area.
Green Gardens will continue to enhance the 850 Flying Cloud properties with planting that
incorporate native species and will following the cities guidelines for perimeter landscaping.
Thank you
Keith Wemer
President Green Gardens
SCANNED
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park Ilr Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning Ilr
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Josh Metzer, Planner I
FROM:
Mark Littfin, Fire Marshal
DATE:
April 7, 2006
SUBJ:
Skip Cook/Green Gardens. Request for an amendment to
Interim use permit #96-2 for expansion of the wholesale/retail
nursery use. The site is located in an Agricultural Estate(A-2) District
At 850 Flying Cloud Drive.
Planning Case: 06-15, Green Gardens !UP amendment
I have the reviewed the proposed plan for the interim use.permit for the above project.
In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I
have the following fire code or city ordinance/policy requirements. The site plan
review is based on the available information submitted at this time. If additional plans
or changes are submitted, the appropriate code or policy items will be addressed.
The existing tanks for storage and dispensing offuels into motor vehicles do not meet
Minnesota State Fire Code. In orderto.approve the interim use permit, the applicant
must meet the following requirements.
1. Applicant must fill out the aboveground storage tank installation permit
application. (See enclosed permit application.)
2. Permit must be issued by the ChanhassenFire Marshal beforeanytypeofwork
on tanks and dispensing equipment is. started.
3. Plans will need to be reviewed by the planning and building department for
proper compliance.
4. Acceptance test must be conducted by the installer and witnessed by the
Chanhassen Fire Marshal.
5. Enclosed are copies of the installation of aboveground tanks for dispensing fuels
into motor vehicles. This information should assist owner with the correct way
to install the tanks/dispensing equipment.
g:\<;afety\ml\plrev06-15greengardens
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CHANHASSEN FIRE DEPARTMENT
FIRE PREVENTION BUREAU
7700 MARKET BLVD. PO BOX 147
CHANHASSEN,MN 55317
(952) -227 - 1150
FAX: (952) 227-1190
ABOVEGROUND
Stora2e Tank Installation Permit Application '
Date
Proposed Date to Start Work
Permit Fee $
TANK SITE:
Company:
City, State, Zip:
Contact:
Address:
Phone:
,Fax:
CONTRACTOR:
Name:
City, State, Zip:
-, Contact:
Address:
"'...
Phone:
Fax:
Describe Work To Be Done.
PLEASE READ THE FOLLOWING INFORMATION BEFORE BEGINNING:
The following information must be submitted with the application and proposed plan:
Submit all materials, including application and plot plan, in duplicate.
Provide a detailed plot plan showing locations of new and existing tanks, liquefied petroleum tanks, property
lines, roadways, driving surfaces, all structures, surface waters, all utilities, canopies, piping layout, dispenser
location, emergency controls and portable fire extinguishers.
A copy of the approved plans and application must be present on the site for review.
. .
Incomplete information will result in application being returned. If not applicable, mark N/ A.
All tank installations must comply with the International Fire Code, NFP A standards, Pollution Control
, Agency rules and City of Chanhassen requirements.
Aboveground Storage Tank Installation
Permit Application
Page 1 of3
. Work, including site preparation work, shall not begin until permit has been issued.
All information requested below must be provided on plans or described below unless not applicable.
Incomplete information may.result in plans being returned~ .
Check all that apply: Motor vehicle fuel dispensing
Bulk storage
Loading rack
Tank #1
Tank #2
Tank #3
Tank #4
Capacity:
Product:
UL Listing:
Type of dispensing: Public ~ Private
Attendant? Yes
No 24-hour?
Secondary containment: Double-wall tank
or Dike
Dike material
Describe. overfill protection
Describe spill Prevention
. .
Describe leak detection
Describe material beneath tank( s)
-Canopy over tank or dispenser?
Describe normal venting
Emergency vent size
Describe signage/labeling
Describe vehicle impact protection.
Describe dispenser( s)
Describe hose and breakaway devices .
Describe lightning protection
Describe electrical classifications
Describe vent lines.
Dispensing lines
Provide manufacturer specification sheets for tanks and piping.
Provide documentation of Minnesota PCA tank registration.
Provide docum~ntation of both indiVidual and company MNPCA certification.
Aboveground Storage Tank Installation.
Permit Application
Page 2 of3
. I, the undersigned, do hereby agree to complete the above described work in accordance with City codes, the
Minnesota Fire Code, NFP A and other nationally recognized standards.
Applicant Signature
Date
3/24/05
..Aboveground Storage Tank Installation..
Permit Application
Page 3 of3
Minnesota State Department of Public Safety
Alcohol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Security
Crime Victim
Services
Driver & Vehicle
Services
Emergency
Management I
Emergency
Response
Commission
State Fire
Marshall
Pipeline Safety
State Patrol
Traffic Safety
State FirtfMarshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 651/215-0500 FAX: 651/215-0525 TIT: 651/282-6555
Internet: http://www.fire.state.mn.us.
ABOVEGROUND STORAGE TANK PLAN REVIEW
INFORMATION SHEET
SECTION 1 - INTRODUCTION
The purpose of this information sheet is to provide a general outline to
individuals who conduct aboveground storage tank installation plan reviews.
This information sheet does not attempt to cover every code requirement or
every situation. As of August, 2002, the Minnesota State Fire Marshal
Division no longer conducts plan reviews for aboveground or
underground storage tank installations. This responsibility has been given
to the local code officials to ensure compliance with Minnesota State Fire
Code (MSFC) provisions. The requirements outlined in this information sheet
apply only to aboveground storage tank plan review regulations.
The requirements for aboveground flammable/combustible tank installations
come from MSFC Chapters 22 and 34, along with National Fire Protection
Association Standard (NFP A) 30, Flammable and Combustible Liquids Code.
The requirements for liquefied petroleum gas installations come from NFP A
58,2001 Edition, Liquefied Petroleum Gas Code.
Local jurisdictions may have other guidelines that must also be followed in
addition to what is outlined in this document. However, this does not relieve
the installer from following the requirements outlined in the 2003 Minnesota
State Fire Code.
Applicable MSFC code sections are referenced in brackets [ ].
The local fire official is also required to be notified and may require plan
review documents be submitted when any flammable/combustible liquid tank
or liquefied petroleum gas tank is installed in their jurisdiction rMSFC (03)
Section 3401.61. The plans shall include, at minimum, method of storage
(tank construction); type and class ofliquid; distance from public ways,
buildings, property lines, and combustible storage; layout for dispensing (if
applicable); pumping loading and unloading equipment; and provisions for
spill control and secondary containment. Any dispensing of
flammable/combustible liquids from aboveground storage tanks must receive
prior approval from the local fire chief or fire marshal rMSFC (03) Section
2206.2.7. as amended).
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 2 of 27
This information sheet will review the code requirements that are commonly overlooked
for flammable/combustible liquid dispensing, storage and propane installations. These
regulations applv to both new and existing aboveground storage tanks.
There will be several occasions where this document will reference National Fire
Protection Association (NFP A) Standards. The State Fire Marshal Division cannot give
this information out free of charge due to copyright laws. However, all NFP A Standards
can be purchased by calling NFPA directly at 800-344-3555 or going on-line to
www.nfpa.org.
More information can be obtained by contacting the State Fire Marshal Division at 651-
215-0500. E-mail questionstofirecode@state.mn.us or visit our web site at
www.fire.state.mn.us for the latest information on fire in Minnesota.
Important Definitions:
Bulk Plant or Terminal-A portion of a property where flammable/combustible liquids
or LPG are received by tank vessel, pipelines, tank car or tank vehicle and are stored or
blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank
car, tank vehicle, portable tank or container.
Bulk Transfer-The loading or unloading of flammable/combustible liquids or LPG from
or between tank vehicles, tank cars, or storage tanks.
Combustible LiQuid-A liquid having a closed cup flash point at or above 1000F.
Combustible liquids shall be subdivided as follows:
Class II. Liquids having a closed cup flash point at or above 1000F and below 140oF.
Class IlIA. Liquids having a closed cup flash point at or above 1400F and below 200oF.
Class IIIB. Liquids having a closed cup flash point at or above 2000F.
Flammable LiQuid-A liquid having a closed cup flash point below 1000F. Flammable
liquids are further categorized into a group known as Class I liquids. The Class I
categories are subdivided as follows:
Class IA. Liquids having a flash point below 730F and having a boiling point below
1000F. l
Class lB. Liquids having a flash point below 730F and having a boiling point at or above
1 OooF.
Class IC. Liquids having a flash point at or above 730F and below lOOOF.
Flash Point-The minimum temperature in degrees Fahrenheit at which a liquid will give
off sufficient vapors to form an ignitable mixture with air near the surface or in the
container, but will not sustain combustion. The flash point of a liquid shall be
determined by appropriate testing procedures (if the flash point is in question, review the
Material Safety Data Sheets or MSDS for the product).
Liquefied Petroleum Gas (LP-Gas)-Any material having a vapor pressure not
exceeding that allowed for commercial propane that is composed predominantly of the
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 3 of27
following hydrocarbons, either by themselves or as a mixture: propane, propylene, butane
(normal butane or isobutene), and butylenes.
SECTION 2 - TANK CONSTRUCTION
2.1 Tank Construction
Aboveground storage tanks must be constructed in accordance with Underwriter's
Laboratories, Inc. (UIL) Standard/or Steel Aboveground Tanks/or Flammable and
Combustible Liquids, UIL 142,921, or, Standard/or Insulated Aboveground Tanks/or
Flammable and Combustible Liquids, U/L 2085. All new and existinl! tanks must meet
one of these standards in order to remain in service. If it does not, it must be replaced
with a tank that does meet this requirement.
Exception:
The State Fire Marshal Division does allow bulk storage tanks to be reused
(relocated from a different site) with the understanding that upon relocation the
tanks with be tested by a qualified third party engineer to determine the tanks are
structurally sound and in good working order. As specified above, all new tanks
that are installed in Minnesota must comply with the UL requirements as
specified above.
2.1.1 U/L Standard 142 Tank (Single-Walled Steel Tank)
UIL Standard 142 is a plain single-wall steel tank. A metal plate should be posted
on the tank indicating it meets UIL standard 142. There will also be a row of
openings on the top for emergency venting, normal venting, filling, and product
removal.
2.1.2 U/L Standard 921 Tank (Double-Walled Steel Tank)
A UIL Standard 921 tank is two UIL 142 tanks - one inside the other. Similar to
the 142 tank, a metal plate should indicate the tank meets the standards ofUIL
921. Due to the double-wall, secondary containment would not be required as it
would be for a UIL 142 tank.
2.1.3 U/L Standard 2085 (Two-Hour Protected Aboveground Tank)
A UIL Standard 2085 tank is constructed and tested in accordance with U/L 2085
and consists of a primary tank provided with protection from physical damage and
fire-resistive protection from a high-intensity liquid pool fire exposure. The tank
may provide protection elements as a unit or may be an assembly of components,
or a combination thereof. A metal plate should indicate that the tank meets the
requirements of Underwriter's Laboratories Standard 2085. This is also a double-
walled tank. Similar to the UIL 921 tank, the double-wall exempts it from
meeting the secondary containment requirements.
2.1.4 U/L Standard 2080 Tanks (Fire-Resistive Tanks)
Aboveground tanks and dispensing operations meeting the criteria ofNFPA 30-A
and the UL 2080 (fire resistive tanks) listed criteria are NOT considered to
provide equivalent protection to tanks complying with Minnesota State Fire Code
(MSFC) "fire protected" tanks. Therefore, UL 2080 tanks shall NOT be installed
within the State of Minnesota OR as a substitute to UL 2085 tanks. UL 2080
tanks have passed a two hour pool fire test and are called FIRE RESISTIVE
TANKS (UL 2080) as opposed to FIRE PROTECTED. These NFPA 30-A fire
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 4 of 27
resistive tanks, however, have not received the other tests as required by the
MSFC or UL 2085. Although, both types of tanks pass a similar exposure fire
test, the UL 2085 tanks tend to have a layer of concrete as necessary to pass other
tests, while the fire resistive tanks can pass the exposure tests with thick steel
tanks and insulation. Some of the tests of the fire resistive tanks done at
Southwest Research do not even monitor the inside temperature during the
exposure fire test. Thus, the UL 2085 protected tank is the more demanding of
the two tests conducted since fire resistive tanks are allowed to go to higher
internal temperatures; or not even measured (Source: FMCAP Interpretation 02-
007-1, dated May 16,2002).
SECTION 3 - DISPENSING INTO MOTOR VEHICLES
Dispensing into motor vehicles must be done in accordance with MSFC (03) Chapters 22
and 34. Furthermore, these two chapters will in some circumstances refer to NFP A 30
for additional requirements.
3.1 Location of Dispenser from Tanks
Tank location from the dispenser must be a minimum of 30 feet [MSFC (03) Section
2206.2.7.1.8]. There are the following four exceptions to this regulation:
1. For operations not open to the public and for resort operations serving
registered guest only, dispensing of Class I liquids from one tank having a
capacity of 560 gallons or less having the dispenser located on or adjacent to
the tank is permitted.
2. For operations not open to the public, dispensing of Class II liquids from one
tank having a capacity of 1000 gallons or less having the dispenser located on
or adjacent to the tank is permitted.
3. Special tank enclosures complying with MSFC (03) Section 2206.2.6 having
the dispenser located on or adjacent to the tank is permitted.
4. Dispensing devices are permitted to be installed on top of or adjacent to a
protected aboveground tank system (UIL 2085 tank).
3.1.1 Dispenser Proximity to Buildings and Building Openings
Dispensers must be located not less than 10 feet from lot lines and combustible
buildings and cannot be closer than 5 feet from building openings when the nozzle
is fully extended.
3.2 Location of Tanks from Buildings, Property Lines and Combustible Storage
Tanks shall be located not less than 50 feet from the nearest side of any public way,
property line, building or combustible storage located on the same property and at least 3
feet from adjacent tanks [MSFC (03) Section 2206.2.7.1.9].
Exception: Aboveground tanks that have a separation distance of at least 30 feet
between the tank and the dispenser may reduce the distances from the tank to the
public way, property line, building, or combustible storage to 30 feet.
3.2.1 Protected Aboveground Storage Tanks
If a protected aboveground storage tank (UIL 2085) is used, and the capacity is
less than or equal to 6,000 gallons, the distance from property lines and
combustible storage can be reduced to not less than 15 feet and no less than 5 feet
from public ways and important buildings.
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 5 of27
If the protected tank exceeds 6,000 gallons, the tank must be a minimum of 25
feet from property lines and combustible storage and 15 feet from public ways or
important buildings.
3.2.2 Tank Separation
If more than one tank is on-site, the tanks must be separated by a minimum of 3
feet.
3.3 Number of Tanks Permitted
Not more than 3 aboveground storage tanks shall be used for dispensing at any single site
[MSFC (03) Section 2206.2.7.1.1].
3.4 Capacity of Tanks
Tanks storing Class I liquids shall not exceed 6,000 gallons individual capacity. Tanks
storing Class II liquids shall not exceed 10,000 gallons individual capacity [MSFC (03)
Section 2206.2.7.1.2].
Exception: Tank capacity is allowed to be increased to a maximum of 12,000 gallons for
Class I and II liquids when stored in a two-hour fire protected tank (UIL 2085) or an
aggregate quantity of36,000 gallons (no more than 3 tanks on one site per section 3.3).
3.5 Fuel Delivery Method
Fuel delivery from aboveground storage tanks shall be from the top of the tank with the
dispensing line equipped with an approved anti-syphon system [MSFC (03) Section
2206.2.7.1.3]. Gravity dispensing tanks are only permitted on farms and construction
sites.
3.6 Dispensing Lines
Dispensing lines between the diked area and the dispenser shall be located underground
and shall be completely enclosed in an approved secondary containment piping system.
These lines shall also be equipped with an approved normally closed solenoid valve at
each dispenser located below the impact valve [MSFC (03) Section 2206.2.7.1.4].
3.7 Fill Pipe and Fill Openings
The fill pipe between the fill opening and the diked area shall be underground. In
addition to the normal valve requirements of the code, there shall be a manually operated,
mechanical shut-off valve on the fill line inside the diked area which is operated from a
location outside the dike [MSFC (03) Section 2206.2.7.1.5].
3.8 Safety Precautions
The tanks and piping shall be safeguarded against collision, spillage, and overfill. The
fire chief may require additional safeguards on tanks and piping for collision, spillage,
and overfill. Dispensing lines and fill piping shall not penetrate the dike [MSFC (03)
Section 2206.2.7.1.6].
3.9 Grounding
Outdoor tanks shall be grounded as specified in National Fire Protection Association
(NFPA) Standard 780, Lightning Protection Code [MSFC (03) Section 2206.2.7.1.7].
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 6 of 27
3.10 Fire Protection for Multiple Tanks
When more than one tank is used, all aboveground tanks shall be protected by an
approved fire-protection system when required by the code official [MSFC (03) Section
2206.2.7.1.10].
3.11 Secondary Containment
An approved secondary containment system shall be provided in accordance with Section
6 unless a double-walled tank is used.
3.12. Vehicle Impact Protection
Vehicle impact protection shall be required when deemed by the code official to be in
danger of impact or collision from other objects. It shall be done in accordance with the
following [MSFC (03) Section 312.2]:
. Constructed of steel not less than 4 inches in diameter and concrete filled.
. Spaced not more than 4 feet between posts on center.
. Set not less than 3 feet deep in a concrete footing of not less than 15 inches in
diameter.
. Set with the top of the posts not less than 3 feet above ground.
. Located not less than 3 feet from the protected object.
3.12.1 Other Barriers
Other vehicle impact objects are permitted in accordance with MSFC (03) Section
312.3. The physical barrier(s) shall be a minimum of 36 inches in height and
shall resist a force of 12,000 pounds applied 36 inches above the adjacent ground
surface.
3.13 Emergency Shut-off Switch
An approved clearly identifiable and readily accessible emergency disconnect switch
shall be provided on-site at an approved location, to stop the transfer of fuel to the
dispensers in the event of a fuel spill or other emergency. Travel to another location or
property to contact emergency personnel is not permitted. The disconnect switch must be
located within 100 feet, but not less than 20 feet from the fuel dispensers. In addition, if
the fueling facility has 24-hour dispensing, the emergency shut-off switch must be
located outside so it is accessible should the store be closed.
3.14 Fire Extinguishers
Approved portable fire extinguishers shall be provided in accordance with MSFC (03)
Section 906 and NFPA 10. The fire extinguisher shall have a minimum rating of2-A:20-
B:C and shall be located such that an extinguisher is not more than 75 feet from the
pumps. Ifthe fueling facility has 24-hour dispensing, the extinguisher must be located
outside so it is accessible if the store is closed. Fire extinguisher servicing companies
will be able to assist in determining the appropriate location.
3.15 Hazard Identification Signs
Visible hazard identification signs as specified in NFP A 704 for the specific material
contained shall be placed on stationary containers and aboveground tanks and at
entrances to locations where hazardous materials are stored, dispensed, used or handled
and at specific entrances and locations designated by the code official [MSFC (03)
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Section 2703.5]. For further information please review State Fire Marshal Division
Policy titled INS-41, Tank Labeling. Review the last few pages of this document under
"Fire Properties of Common Liquids" for appropriate hazard identification markings.
3.16 OverfIll Prevention
Aboveground tanks shall not be filled in excess of95 percent oftheir capacity. An
overfill prevention system shall be provided for each tan1e During tank filling
operations, the system shall [MSFC (03) Section 3404.2.9.6.6]:
1. Provide an independent means of notifying the person filling the tank that the fluid
level has reached 90 percent capacity by providing an audible or visual alarms
signal, providing a tank level gauge marked at 90 percent of tank capacity, or other
approved means.
2. Automatically shut-off the flow of fuel to the tank when the quantity ofliquid in the
tank reaches 95 percent oftank capacity. For rigid-hose fuel delivery systems, an
approved means shall be provided to empty the fill hose into the tank after the
automatic shut-off device is activated.
3.17 Hose Length
Dispenser hoses shall be a maximum length of 18 feet unless otherwise approved by the
local code official. Dispenser hoses shall be listed and approved for their intended use.
When not in use the hose shall be reeled, racked or otherwise protected from damage
[MSFC 903) Section 2206.7.5].
3.18 Leak Detection Device
Where remote pumps are used to supply fuel dispensers, each pump shall have installed
on the discharge side a listed leak detection device that will detect a leak in the piping
and dispensers and provide an indication at an approved location [MSFC (03) Section
2206.7.7.1 ].
3.19 Warning Signs
Signs prohibiting smoking, dispensing into unapproved containers, and requiring vehicle
engines to be stopped during fueling shall be conspicuously posted within sight of each
dispenser [MSFC (03) Section 2205.6].
3.20 Clearance from Combustible Materials
All weeds, grass, brush, trash and other combustible materials shall be kept a minimum
of 10 feet from fuel-handling equipment [MSFC (03) Section 2205.7].
3.21 Dispenser Operating Instructions
Dispenser operating instructions must be conspicuously posted in approved locations in
each dispenser.
3.22 Supervision of Dispensing
The dispensing of fuel at service stations shall be conducted by a qualified attendant or
shall be under the visual supervision of a qualified attendant at all times or it must meet
the requirements for an unattended self-service station in Section 3.22 [MSFC (03)
Section 2204.1].
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3.22 Unattended Self-Service Stations
Where approved by the code official, unattended self service stations are allowed. As a
condition of approval, the owner/operator of the site shall be accountable for daily site
visits, regular equipment inspection and maintenance. Unattended self-service stations
must also comply with applicable requirements outlined in Sections 3.1 through 3.21 of
this information sheet.
3.22.1 Emergency Procedures
At unattended self-service stations, an approved emergency procedures sign is
required and shall be posted in a conspicuous location and shall read:
IN CASE OF FIRE, SPILL OR RELEASE
1. USE EMERGENCY PUMP SHUT-OFF
2. REPORT THE ACCIDENT!
3. FIRE DEPARTMENT TELEPHONE NO.
4. FACILITY ADDRESS
3.22.2 Communications
A telephone not requiring a coin to operate or other approved, clearly identified
means to notify the fire department shall be provided on site in a location approved
by the code official. Travel to another location or property to contact emergency
personnel is not permitted.
3.22.3. Quantity Limits
Dispensing equipment used at unsupervised dispensing stations shall comply with
one of the following:
1. Dispensing devices shall be programmed or set to limit uninterrupted
fuel delivery up to 25 gallons and require manual action to resume
delivery .
2. The amount of fuel being dispensed shall be limited in quantity by a
preprogrammed card as approved.
3.23 Electrical Equipment and Wiring
All electrical equipment and wiring for aboveground storage tanks installations shall
conform to the requirements of the Minnesota State Electrical Code.
SECTION 4 - DISPENSING FLAMMABLE/COMBUSTIBLE LIQUIDS INTO
MOTOR VEHICLES INSIDE BUILDINGS
MSFC (03), Chapters 22 and 34 have very stringent guidelines for dispensing
flammable/combustible liquids into motor vehicles inside buildings. This must be done
in accordance with MSFC (03) Section 3405, the 2003 Minnesota State Building Code
(MSBC) and the applicable requirements from Section 3 above.
4.1 Dispensing Flammable/Combustible Liquids Inside Buildings
Aboveground tanks storing Class I, II or III liquid motor fuels are allowed to be located
in buildings. These tanks must be located within special enclosures complying with
MSFC (03) Section 2206.2.6 in a liquid storage room, or a liquid storage warehouse
complying with Chapter 34, or the tanks shall be a listed U/L 2085 protected tank. The
maximum allowable quantities are limited to the amounts listed in MSFC (03) Table
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2703.1.1(1). If these limits are exceeded, the facility shall comply with the hazardous (or
'H-2') occupancy requirements from MSFC (03) Section 3405 and the building code.
Sections 3.1, 3.3 - 3.10, and 3.17 - 3.22 above, must also be complied with in addition to
the requirements below.
4.2 Secondary Containment
An approved secondary containment system shall be provided in accordance with Section
6 unless a double-walled tank is used.
4.3 Vehicle Impact Protection
Vehic1e impact protection shall be required when deemed by the code official to be in
danger of impact or collision from other objects. It shall be done in accordance with
Section 3.12 or 3.12.1.
4.4 Emergency Shut-off Switch
An approved clearly identifiable and readily accessible emergency disconnect switch is
required and shall comply with Section 3.13 above
4.5 Fire Extinguishers
Approved portable fire extinguishers shall be provided in accordance with MSFC (03)
Section 906 and NFPA 10. The fire extinguisher shall have a minimum rating of2-A:
20-B:C and shall be located such that an extinguisher is not more than 75 feet from the
pumps.
4.6 Hazard Identification Signs
Visible hazard identification signs are required and must be installed in accordance with
Section 3.15 above.
4.7 Overfill Prevention
Overfill prevention is required and must be installed in accordance with Section 3.16
above.
4.8 Fire Protection
Rooms or buildings that exceed the maximum allowable quantities ofMSFC (03) Table
2703.1.1(1) shall be provided with an approved automatic fire-extinguishing system in
accordance with NFP A 13 (99).
4.9 Electrical Equipment and Wiring
All electrical equipment and wiring for aboveground storage tanks installations shall
conform to the requirements of the Minnesota State Electrical Code.
SECTION 5 - STORAGE OF FLAMMABLE/COMBUSTIBLE LIQUIDS
5.1 Tank Construction for Storage of Flammable/Combustible Liquids
Storage of flammable/combustible liquids inside and outside of buildings must comply
with MSFC (03) Chapters 27 and 34 along with National Fire Protection Association
Standard 30 (96). If the storage is indoors and the maximum allowable quantities listed
in Table 2703.1.1(1) are exceeded, then MSFC (03) Chapter 34 must also be followed.
The tank construction requirements outlined in Section 2 are also applicable.
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5.2 Storage of Flammable/Combustible Liquids Inside Buildings
The storage of flammable and combustible liquids in containers and tanks inside
buildings shall comply with MSFC (03) Chapter 27 and Chapter 34, Section 3404.
Storage inside buildings must comply with MSFC (03) Table 2703.1.1(1). This Table
will outline the maximum allowable quantities (MAQ) that can be within A, B, E, F, I, R
and U Occupancies (S and M Occupancies have less stringent guidelines and should
follow MSFC (03) Section 2703.11). The amounts given in Table 2703.1.1(1) are the
maximum allowable quantities allowed before the facility must comply with the
requirements for a hazardous (or 'H-2') occupancy in accordance with the fire and
building codes. Please read the footnotes to the Table carefully.
5.2.1 Control Areas
Control areas are spaces within a building and outdoor areas where quantities of
hazardous materials not exceeding the maximum allowable quantities in Table
2703.1.1(1) are stored, dispensed, used or handled. Facilities that frequently utilize
hazardous materials but do not want to exceed the MAQ can have up to four control
areas on a ground floor facility storing the hazardous materials. The advantage of
this is a facility can store more hazardous materials without having to upgrade to a
hazardous (or 'H') occupancy classification.
For example: MSFC Table 2703.1.1(1) allows 240 gallons of gasoline (I-B Liquid)
in a facility as long as it has sprinklers and is stored in approved storage cabinets. If
a company wanted to stored more than 240 gallons onsite, but did not want to
comply with the requirements for an 'H' Occupancy, they could build up to four
control areas on a ground floor each storing the MAQ of 240 gallons. Thus,
allowing them to store up to 960 gallons (240 x 4=960) of a Class I-B liquid.
5.2.1.1 Control Area Construction Requirements
In order for a facility to fall under this category, the control area(s) must be
separated from other portions of the facility as follows. Control areas shall be
separated from other portions of the building and each other by not less than a
I-hour fire barrier constructed in accordance with the 2003 Minnesota State
Building Code.
5.2.1.2 Maximum Number of Control Areas per Floor
The maximum number of control areas within a building shall be in
accordance with MSFC (03) Table 2703.8.2.2.
5.2.2 Fire Protection
Indoor storage areas of flammable/combustible liquids shall be equipped with and
approved automatic extinguishing system. The design of the system shall not be
less than that required for Ordinary Hazard Group 2 with a minimum design area of
3,000 square feet [MSFC (03) Section 2704.5].
5.2.3 Explosion Control
Indoor storage rooms and areas shall be provided with explosion control in
accordance with MSFC (03) Section 911 [MSFC (03) Section 2704.6].
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5.2.4 Secondary Containment
Secondary containment shall be provided in accordance with Section 6 unless a
double-walled tank is used.
5.2.5 Vehicle Impact Protection
Vehicle protection shall be required when deemed by the code official to be in
danger of impact or collision from other objects. It shall be done in accordance
with Section 3.12 or 3.12.1.
5.2.6 Emergency Isolation Valves
Aboveground tanks with connections located below normal liquid level shall be
provided with internal or external isolation valves located as close as practical to the
shell of the tank. For liquids that are incompatible with steel, such valves, when
external, and their connection to the tank shall be of steel [MSFC (03) Section
3403.6.7].
5.2.7 Fire Extinguishers
Approved portable fire extinguishers shall be provided in accordance with MSFC
(03) Section 906 and NFP A 10. Fire extinguisher servicing companies will be able
to assist in determining the location and what type of extinguisher is necessary
dependant upon the hazard.
5.2.8 Hazard Identification Signs
Hazard identification signs shall be provided in accordance with Section 3.15
above.
5.2.9 Overfill Prevention
Aboveground tanks shall be provided with overfill prevention in accordance with
Section 3.16.
5.2.10 Electrical Equipment and Wiring
All electrical equipment and wiring for aboveground storage tanks installations
shall conform to the requirements of the Minnesota State Electrical Code.
5.3 Flammable and Combustible Storage Outside of Buildings
The storage of flammable and combustible liquids in containers and tanks shall comply
with MSFC (03) Chapter 27 and Chapter 34, Section 3404, along with the applicable
requirements ofNFPA 30 (96).
5.3.1 Separation Distances for Plain Steel Tanks (UIL 142 and 921 Tanks)
Tank separation distances for exterior tanks must be in accordance with NFP A 30
Table 2-6 (96), re-printed below:
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NFP A Table 2-6
Minimum distance in Minimum distance in
feet from property feet from nearest side
Tank Capacity (gallons) line that is or can be of any public way or
built upon, including from nearest
the opposite side of a important building on
Dublic way the same oronertv
275 or less 5 5
276 to 750 10 5
751 to 12,000 15 5
12,001 to 30,000 20 5
30,001 to 50,000 30 10
50,001 to 100,000 50 15
100,001 to 500,000 80 25
500,001 to 1,000,000 100 35
1,000,001 to 2,000,000 135 45
2,000,001 to 3,000,000 165 55
3,000,001 or more 175 60
5.3.2 Separation Distances for Protected Aboveground Tanks
U/L Standard 2085 protected two-hour tanks shall be separated in accordance with
NFP A 30 (96). The separation distances from property lines, important buildings
and combustible storage can be reduced by ~ versus U/L 142 and 921 tanks.
Although at no time shall the distance be less than 5 feet.
5.3.3 Secondary Containment
Secondary containment shall be provided in accordance with Section 6 unless a
double-walled tank is used.
5.3.4 Vehicle Impact Protection
Vehicle protection shall be required when deemed by the code official to be in
danger of impact or collision from other objects. It shall be done in accordance
with Section 3.12 or 3.12.1.
5.3.5 Emergency Isolation Valves
Aboveground tanks with connections located below normal liquid level shall be
provided with internal or external isolation valves located as close as practical to the
shell of the tank. For liquids that are incompatible with steel, such valves, when
external, and their connection to the tank shall be of steel [MSFC (03) Section
3403.6.7].
5.3.6 Fire Extinguishers
Approved portable fire extinguishers shall be provided in accordance with MSFC
(03) Section 906 and NFP A 10. Fire extinguisher servicing companies will be able
to assist in determining the location and what type of extinguisher is necessary
dependant upon the hazard.
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5.3.7 Hazard Identification Signs
Hazard identification signs shall be provided in accordance with Section 3.15
above.
5.3.8 Overfill Prevention
Aboveground tanks shall be provided with overfill prevention in accordance with
Section 3.16.
5.3.9 Electrical Equipment and Wiring
All electrical equipment and wiring for aboveground storage tanks installations
shall confofl!l to the requirements of the Minnesota State Electrical Code.
SECTION 6 - SPILL CONTROL AND SECONDARY CONTAINMENT
6.1 Spill Control and Secondary Containment
In accordance with MSFC (03) Section 2704.2.2, ANY exterior or interior building, room
or area used for the storage of hazardous materials liquids shall be provided with
secondary containment when the capacity exceeds the maximum allowable quantities of
MSFC (03) Table 2703.1.1(1) and the individual vessel or the aggregate capacity of
multiple vessels exceeds the following:
a. Capacity of an individual vessel exceeds 55 gallons; or,
b. Aggregate capacity of multiple vessels exceeds 1,000 gallons.
6.2 Drainage/Containment Method
The building, room or area shall drain or contain the hazardous materials through one of
the following methods [MSFC (03) Section 2704.2.2.1]:
1. Liquid-tight sloped floors or recessed floors in indoor locations or similar areas in
outdoor locations.
2. Liquid-tight floors in indoor locations or similar areas in outdoor locations
provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection system.
4. Drainage system leading to an approved location.
5. Other approved engineered systems deemed acceptable to the code official.
6.3 Indoor Containment Areas
Secondary containment for indoor storage shall be designed to contain a spill from the
largest vessel plus the design flow volume of fire protection water calculated to discharge
from the fire-extinguishing system over the minimum required system design area or area
of the room in which the storage is located. The containment capacity shall be designed
to contain the flow for a period of 20 minutes.
6.4 Outdoor Storage Areas
Secondary containment for outdoor storage areas shall be designed to contain a spill from
the largest individual vessel. If the area is open to rainfall, the secondary containment
shall be designed to include the volume of a 24-hour rainfall as determined by the 25-
year storm and provisions shall be made to drain accumulations or ground water and rain
water.
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6.5 Monitoring of Containment Area
An approved monitoring method shall be provided to detect hazardous materials in the
secondary containment system. The monitoring system is allowed to be visual inspection
of the primary or secondary containment, or other approved means. Where the
containment area is subject to the intrusion of water, a monitoring method for the
detection of water shall be provided.
SECTION 7 - NORMAL AND EMERGENCY VENTING
7.1 Normal Venting
Normal venting requirements must be done in accordance with MSFC (03) Section
3404.2.7.3 and NFPA 30 Section 2-3.5 (96). The fumes must be discharged at a safe
point at least 12 feet above the adjacent ground level. They shall be so located so that
fumes do not get trapped by overhanging eaves or other obstructions and shall be at least
5 feet from building openings or lot lines of properties that can be built upon.
7.2 Emergency Venting
Every form of aboveground storage tank shall have some form of construction or device
that will relieve excess internal pressure caused by exposure fires. Emergency venting
must be installed in accordance with NFP A 30 Section 2-3.6 (96). The size of the
emergency vent is dependant upon the surface area of tank (square feet).
SECTION8-0THERFEATURESFORABOVEGROUNDSTORAGETANK
DISPENSING OR STORAGE
8.1 Additional Features
When required by the local fire chief/fire marshal, a foam fire protection system shall be
provided when more than one tank exists on-site, they are less than 50 feet apart, have a
liquid surface area in excess of 1,500 square feet and meets one of the following:
1. Used for the storage of Class I or II liquids
2. Used for the storage of crude oil
3. Used for in-process products and is located within 100 feet of an ignition source
at a processing plant or petroleum refinery.
4. Considered by the code official as posing an unusual exposure hazard because of
topography, nature of occupancy, proximity on the same or adjoining property,
height and character of liquids to be stored, degree of private fire protection
available (hydrant water pressure, etc.), facilities of the fire department to cope
with flammable/combustible liquid fires.
8.2 Elevated Tanks
Tanks elevated more than 12 inches that store Class I, II or IliA liquids shall have a fire-
resistance rating of not less than 2 hours in accordance with the fire exposure criteria
specified in ASTM E 1529. There are three exceptions to this regulation:
1. Structural supports tested as part of a protected aboveground tank in accordance
with U/L 2085
2. Stationary tanks located outside buildings when protected by an approved water-
spray system designed in accordance with MSFC (03) Chapter 9 and NFPA 15.
3. Stationary tanks located inside buildings equipped throughout with an approved
automatic sprinkler system designed in accordance with NFPA 13 (99).
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8.3 Separation requirements for Aboveground Storage Tanks and LPG
Aboveground storage tanks shall be separated by a minimum of 20 feet from propane
(LPG) tanks [MSFC (03) Section 3404.2.9.5.3.
8.4 Electrical Equipment and Wiring
All electrical equipment and wiring for aboveground storage tanks installations shall
conform to the requirements of the Minnesota State Electrical Code.
SECTION 9 - BULK PLANTS OR TERMINALS
9.1 Bulk Plants
Bulk plants or terminals are discussed in MSFC (03) Section 3406.4, 3406.5 and must
also be done in accordance with NFPA 30 (96).
9.2 Bulk PlantlIndustrial Plant Tank Separation Distances
Bulk Plants I
Tank Separation Distances
Minimum distance in Minimum distance in
feet from property feet from nearest side of
line that is or can be any public way or from
Tank size built upon, including nearest important
(gallons) the opposite side of a building on the same
public way, and shall property and shall not
not be less than 5 feet be less than 5 feet
2750rless 5 5
276 to 750 10 5
751 to 12,000 15 5
12,001 to 30,000 20 5
30,001 to 50,000 30 10
50,001 to 100,000 50 15
100,001 to 500,000 80 25
9.3 Dispenser Separation Requirements
Bulk transfer and process transfer operations must be done in locations approved by the
code official. Tank vehicles and tank car transfer facilities shall be separated from
buildings, aboveground tanks, combustible materials, lot lines, streets, alleys, or public
ways by a distance of not less than 25 feet for Class I liquids and 15 feet for Class II and
III liquids. These measurements shall be taken from the nearest position of any loading
or unloading valve. Buildings housing pumps or shelters for personnel shall be
considered part of the transfer facility.
9.4 Loading Dock
The loading dock must be constructed of noncombustible materials [MSFC (03) Section
3406.5.1.12].
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9.5 Secondary Containment
An approved secondary containment system shall be provided in accordance with Section
6 above unless a double-walled tank is used.
9.6 Normal and Emergency Venting
Emergency and normal venting shall be provided on all tanks in accordance with Section
7 above.
9.7 Separation requirements for Aboveground Storage Tanks and LPG
Aboveground storage tanks shall be separated by a minimum of 20 feet from propane
(LPG) tanks [MSFC (03) Section 3404.2.9.5.3.
9.8 Emergency Isolation Valves
Aboveground tanks with connections located below normal liquid level shall be provided
with internal or external isolation valves located as close as practical to the shell of the
tank. Additionally, for bulk transfer facilities, the emergency isolation valve shall be
located on the transfer and loading side outside of the secondary containment area. For
liquids that are incompatible with steel, such valves, when external, and their connection
to the tank shall be of steel [MSFC (03) Section 3403.6.7].
9.9 Security
Bulk transfer operations shall be surrounded by a noncombustible fence no less than 5
feet in height.
Exception:
1. Installations where adequate public safety exists because of isolation, natural
barriers or other factors as determined appropriate by the code official is
considered to be an acceptable alternative.
2. Motor vehicle service stations complying with MSFC (03) Chapter 22.
3. Facilities or properties that are entirely enclosed or protected from entry.
4. Facilities where all control valves are locked in the closed position or the power
supply to the pumps is locked in the off position in an approved manner to
prevent the dispensing of liquids by unauthorized persons.
9.10 Hazard Identification Signs
Visible hazard identification signs shall be provided in accordance with Section 3.15
9.11 Fire Extinguishers
Each industrial plant, bulk plant and distributing point shall be provided with at least one
approved portable fire extinguisher having a minimum capacity of 18 lb' s of dry
chemical with a B:C rating. Fire extinguisher servicing companies will be able to assist
in determining the location and what type of extinguisher is necessary.
SECTION 10 - ABOVEGROUND PROPANE (LPG) INSTALLATIONS
10.1 NFPA 58, 2001 Edition
The State of Minnesota has adopted National Fire Protection Association (NFPA)
Standard 58, 2001 Edition, Liquefied Petroleum Gas Code. NFPA 58 (01) handles the
stationary tank and piping requirements. The actual "downstream" piping requirements
that lead into the building are covered in the Minnesota State Mechanical Code (MSMC).
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NFPA 58 (01) Chapter 3 applies to the location and field installation of LPG systems.
This chapter will include criteria for:
. Location of containers
. Installation of container appurtenances and regulators
. Installation of piping (including hose and flexible connectors)
. Hydrostatic relief valves
. Emergency shut-off valves
10.2 Container Requirements
Propane containers must be designed, fabricated, tested, and marked according to [NFP A
58 (01) Section 2.2.1]:
1. Department of Transportation (DOT) regulations;
2. American Society of Mechanical Engineers (ASME) regulations
a. Boiler Pressure Vessel Code, Section VIlL "Rules for the construction of
unfired Pressure Vessels".
10.3 Maximum Container Size
Containers for general use shall not exceed 120,000 gallon water capacity. Dispensing
stations (where cylinders are filled) shall not exceed 30,000 gallon water capacity. These
requirements do not apply to bulk plants or industrial installations. There is no limit on
the number of tanks at one site [NFPA 58 (01) Section 2.2.1.10].
10.4 Container Appurtenances
Tanks exceeding 2,000 gallon water capacity shall be equipped with the following
appurtenances:
. Pressure Relief Gauge
. Liquid Level Gauge
. Pressure Gauges
. Temperature Gauge
. Container Shut-off Valves
. Backflow Check Valves
. Excess Flow Valves
10.5 Pressure Relief Valves
Containers shall be equipped with one or more pressure relief devices to relieve vapor.
As the temperature in a tank increases, so does the pressure, therefore, both a pressure
and volume gauge are necessary. The valves must be in direct location to the vapor space
and should be constructed to meet U/L 132 -Standard on Safety Relief Valves for
Ammonia and LP-Gas. Each pressure relief valve shall be plainly and permanently
marked with
1. The start-to-Ieak pressure in pounds per square inch (psi);
2. Relieving capacity in cubic feet per minute (cfm) of air;
3. Manufacturer's name and phone number.
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Example: A relief valve marked 250-4050 AIR
indicates start-to-leak at 250 psi and rated
relieving capacity at 4050 cfm of air.
Pressure relief Pressure relief devices on ASME
containers shall be vented away from the
container upward and unobstructed to the open air
[NFPA58 (01) Section 3.2.11]. Aboveground
containers greater than 2,000 gallon water
capacity shall be installed vertically upward and
unobstructed to the open air at a point at least 7
feet above the top of the container. Shut-off
valves are not permitted on openings for relief
valves.
NFPA 58 (01)
Table 2.3.2.4(a)
Pressure Relief Valve
Flow Capacity as a
function of Container
Surface Area
Minimum
Surface Area (sq. ft.) Flow
Rate ft3
air/min
100 2340
250 4960
500 8760
750 12220
1000 15470
1500 21570
10.6 Regulators
A two stage regulator or an integral two-stage regulator shall be required on all fixed
piping systems that serve ~ psi appliance systems [NFPA 58 (01) Section 3.2.12].
Regulators that are to be installed outdoors must be protected from the elements (rain,
freezing rain, snow, sleet, mud, etc.).
10.7 Emergency Shut-off Valve
Emergency shut-off devices are required on tanks with an aggregate water capacity
exceeding 4,000 gallons. The emergency shut-off valve shall be located within 20 feet of
the tank [NFPA 58 (01) Section 3.2.19]. The shut-off valve will stop the flow of the LPG
should a break in the line occur. In addition, a manually operated remote is also required
between 25 and 100 feet for new and existing emergency shut-off valves.
10.8 Separation Distances Between Containers, Important Buildings and Other
Properties
Containers installed outside of buildings, whether portable or permanently installed, shall
be separated as follows from the nearest important building or line of adjoining property
that may be built upon [NFPA 58 (01) Section 3-2.2.2]:
NFPA 58 (01) Table 3.2.2.2.
Minimum Distances
Water Capacity Per Aboveground Containers Between Containers (feet)
Container (gallons) (feet)
< 125 Oa 0
125-250 10 0
251-500 10 3
501-2,000 25b 3
2,001-30,000 50 5
30,001-70,000 75 1/4 of sum of diameters of
adjacent containers
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70,001-90,000 100 1/4 of sum of diameters of
adjacent containers
90,001-120,000 125 1/4 of sum of diameters of
adjacent containers
120,001-200,000 200 1/4 of sum of diameters of
adjacent containers
200,001-1,000,000 300 1/4 of sum of diameters of
ad1acent containers
> 1,000,000 400 1/4 of sum of diameters of
adjacent containers
a=See NFPA 58 (01) Section 3.2.2.2 (b), (c) and (e).
b=See NFPA 58 (01) Section 3.2.2.2, Exception #2.
10.8.1. What is an "Important Building"?
A building could fall under the "important" category due to anyone of the
following:
-replacement costs of building or contents;
-Occupancy or occupant load;
-Vital role in production or business;
-Buildings impact on fire control activities.
For further information on what might classify as an important building, please
review State Fire Marshal Division Policy INS-44, Important Buildings.
10.8.2 Separation from Combustible Materials
Loose or piled combustible materials, weeds and dry long grass shall be separated
from containers by a minimum of 10 feet.
10.8.3 Separation Distances from Point of Transfer and other Exposures
Any facility that fills portable containers (i.e. local gas station filling 20 lb
cylinders) must comply with NFPA 58 (01) Table 3.2.3.3 Distance Between Point
of Transfer and Exposures.
. Buildings, tents, trailers with fire-resistive walls - 10 feet
. Buildings, tents, trailers without fire-resistive walls - 25 feet
. Line of adjoining property that can be built upon - 25 feet
. Outdoor places of public assembly - 50 feet
. Public ways (streets, sidewalks, etc.) - 10 feet
. Driveways - 5 feet
. Containers other than those being filled - 10 feet
. Mainline railroad track centerlines - 25 feet.
10.10 Installation of Containers on Roofs of Buildings
NFPA 58 (01) Section 3.2.10 allows LP-gas containers to be installed on rooftops of
buildings when approved by the code official. However, due to state amendment, this
section has been deleted from the Minnesota State Fire Code (MSFC) and is not allowed
in the State of Minnesota. Under no circumstance may containers be permitted to be
installed on roofs of buildings.
SFMD AST Plan Review Fact Sheet
August 15, 2003
Page 20 of 27
10.11 Hazard Identification Signs
Visible hazard identification signs as specified in NFP A 704 for the specific material
contained shall be placed on stationary containers and aboveground tanks and at
entrances to locations where hazardous materials are stored, dispensed, used or handled
and at specific entrances and locations designated by the code official [MSFC (03)
Section 2703.5]. For further information please review State Fire Marshal Division
Policy titled INS-41, Tank Labeling.
10.12 Additional Protection for LP-Gas Containers
If the aggregate storage in all containers exceeds 4,000 gallons water capacity and is
located in a heavily populated or congested area, a fire safety analysis shall be conducted
by a qualified fire safety official [NFPA 58 (01) Section 3.2.2.3].
10.13 Containers Awaiting Use or Resale
Storage of containers awaiting use or resale with a total quantity of gas stored of720 lbs
or less need not be separated from the nearest building and line of adjoining property line
which may be built upon [NFPA 58 (01) Section 5.4.1.3]. Larger quantities ofLP-Gas
stored require separation according to NFPA 58 (01) Section 5.4.1.3. Containers
awaiting use or resale shall be stored within a fenced enclosure or in a lockable metal
locker or rack that prevents tampering with the values and pilferage of the cylinders
[NFPA 58 (01) Section 5.4.2.1].
10.14 Vehicle Impact Protection
Vehicle Impact Protection shall be in accordance with Section 3.12 or 3.12.1 above.
10.15 Fire Protection
Fire protection shall be provided for installations of ASME containers with an aggregate
water capacity of more than 4,000 gallons. The mode of protection shall be through a
written fire safety analysis provided by a knowledgeable fire official familiar with LP-gas
installations [NFPA 58 (01) Section 3.10]. The fire safety analysis shall include, but not
be limited to, remote and automatic shut-offs, evaluations of local hazards, exposures,
population density, congestion, effectiveness of manual fire suppression systems (i.e.
available water supply, fire department response time, fire department training, etc.).
Fire protection is not needed if the container is isolated in a remote area.
10.16 Fire Apparatus Access Roads
Roadways or other means of access for emergency services personnel shall be provided.
10.17 Fire Extinguishers
Each distributing point shall be provided with at least one approved portable fire
extinguisher having a minimum capacity of 18 lb's of dry chemical with a B:C rating.
Fire extinguisher servicing companies will be able to assist in determining the appropriate
location and spacing.
SECTION 11 - BULK TRANSFER AND/OR INDUSTRIAL LP-GAS SYSTEMS
11.1 Bulk Plant and/or Industrial Plant LP-Gas System Installations
All bulk plant or industrial plant installations must be in accordance with NFPA 58 (01)
Section 3.3 through 3.3.8.
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 21 of27
11.2 Separation Distances
Separation distance for bulk LP containers shall be in accordance with Section 10.8.
11.3 LP-Gas Liquid Transfer Facilities
Safeguards shall be provided to prevent uncontrolled discharge ofLP-gas in the event of
failure ofthe hose or swivel-type piping. Emergency shut-off valves shall be installed in
accordance with NFPA 58 (01) Section 3.2.19.
11.3.1 System Piping
System piping shall be designed to prevent debris from obstructing the action of
valves or other components of the piping system.
11.3.2 Railroad Transfer Facilities
In areas where liquid transfer is done by railroad tank cars, barriers shall be
provided at the ends of railroad sidings. Where a hose or swivel-type piping is used
to fill railroad tank cars, it shall be protected as follows:
a. An emergency shut-off valve shall be installed at the railroad tank car end of
the hose or swivel-type piping where flow into or out of the tank car is
possible.
b. An emergency shut-off valve or a backflow check valve shall be installed in
the tank car end of the hose or swivel piping where flow is only into the
railroad type tank car.
11.4 Gas Distribution Facilities
Any facility that manufacturer's, stores, mixes, or vaporizes LP-gas shall comply with
NFPA 58 (01) Section 3.3.4.
11.5 Security
To prevent against unauthorized tampering, any area that includes container
appurtenances, pumping equipment loading and unloading facilities, and container filling
facilities shall be protected in one of the following ways:
1. Enclosure with at least 6 feet high industrial type fence, chain link fence or
equivalent protection. There shall be at least two means of emergency access
from the enclosure.
2. As an alternate to fencing an area, suitable devices that can be locked in place
shall be provided. Such devices shall effectively prevent unauthorized tampering
or operation of any of the container appurtenances, system valves or equipment.
11.6 Fire Extinguishers
Each distributing point shall be provided with at least one approved portable fire
extinguisher having a minimum capacity of 181b's of dry chemical with a B:C rating.
Fire extinguisher servicing companies will be able to assist in determining the location
and what type of extinguisher is necessary dependant upon the hazard.
11.7 Fire Protection
Fire protection shall be provided for installations of ASME containers with an aggregate
water capacity of more than 4,000 gallons. The mode of protection shall be through a
written fire safety analysis provided by a qualified fire official [NFPA 58 (01) Section
3.10]. Existing installations shall be provided with a fire safety analysis within 3 years of
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 22 of 27
the effective date of adoption ofNFPA 58, 2001 Edition (March 31, 2006). The fire
safety analysis shall include, but not be limited to, remote and automatic shut-offs,
evaluations oflocal hazards, exposures, population density, congestion, effectiveness of
manual fire suppression systems (i.e. available water supply, fire department response
time, fire department training, etc.). Fire protection is not needed if the container is
isolated in a remote area.
SECTION 12 - SUMMARY
12.1 Technical Expertise
It is important to note that the requirements for flammable/combustible tank and LP-gas
installations are extensive and not possible to condense every code requirement into this
information sheet. MSFC (03) Section 104.7.2 allows the code official to seek technical
expertise on issues that are beyond his/her knowledge or capabilities. There are several
fire consulting companies in the State of Minnesota that are very capable to ensure proper
installation requirements. The State Fire Marshal Division is not allowed to recommend
or refer individuals to certain companies. For further information please contact the code
specialist at the State Fire Marshal Division at firecode@state.mn.us or 651-215-0542.
12.2 Minnesota Pollution Control Agency
The Minnesota Pollution Control Agency (MPCA) also regulates aboveground storage
tanks in excess of 1,100 gallons. The State Fire Marshal Division does not enforce
MPCA regulations. Please contact the MPCA at 651-296-6300 for their regulations.
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 23 of 27
FIRE PROPERTIES OF COMMON LIQUIDS
NAME FLASH BOILING HAZARD
POINT POINT CLASSIF- I.D.
eF) eF) ICATION (NFP A 704)
H F R
Acetaldehyde -38 70 IA 3 4 2
(Acetic Aldehyde)
(Ethanol)
Acetone -4 133 ill 1 3 0
(Dimethyl Ketone)
(2- Prop an one )
Acetyl Chloride 40 124 IB 3 3 2
(Ethanoyl Chloride) W
Acrolein Dimer 118 304 II I 2 1
Acrylonitrile 32 171 IB 4 3 2
(Vinyl Cyanide)
(Propenenitrile)
Alcohol- Butyl 98 243 IC 1 3 0
Alcohol- Ethyl 55 173 IB 0 3 0
Alcohol- Isopropyl 53 181 IB 1 3 0
Alcohol- Methyl 52 147 IB 1 3 0
Alcohol- Propyl 74 207 Ie 1 3 0
Allyl Alcohol 70 206 IB 4 3 1
Allylamine -20 128 IB 4 3 1
(2- Propenylamine)
Amyl Acetate 60 300 IB 1 3 0
(l-Pentanol Acetate)
Amyl Alcohol 91 280 II 1 3 0
(l-Pentanol)
Amylene 0 86 IA
(Pentene)
Asphalt (Typical) 400+ >700 IIIB 0 1 0
(Petroleum Pitch)
Benzene 12 176 IB 2 3 0
(Benzol)
Benzyl Alcohol 200 403 IIIB 2 1 0
(Phenyl Carbinol)
Butyl Acetate 72 260 IB 1 3 0
(Butylethanoate)
Butyl Acrylate 84 260 IC 2 2 2
r--------------------------------------------------
I
: H = Health F = Flammability R = Reactivity :
~--------------~-----------------------------______I
SFMD AST Plan Review Fact Sheet
August 15, 2003
Page 24 of 27
FLASH BOILING CLASSIF- HAZARD
NAME POINT POINT ICA TION I.D.
(oF) eF) lNFPA 704)
H F R
Butyl Alcohol 98 243 IC 1 3 0
(I-Butanol)
(Propylacarbinol)
(Propyl Methanol)
Carbon Disulfide -22 115 IB 3 3 0
(Carbon Bisulfide)
Creosote Oil 165 382-752 IlIA 2 2 0
Cumene 96 306 IC 2 3 1
(Cumol)
(2-Phenyl Propane)
(Isopropyl Benzene)
Cyc10hexane -4 179 IB 1 3 0
(IIexahydrobenzene)
(IIexamethylene)
Denatured Alcohol 60 175 IB 0 3 0
Dibutylamine 117 322 II 3 2 0
Dibutyl Ether 77 286 IC 2 3 1
(l-Butoxybutane)
(Butyl Ether)
Diesel Fuel Oil 100 Min II 0 2 0
No. I-D
Diesel Fuel Oil 125 Min II 0 2 0
No. 2-D
Diethylamine -9 134 IB 3 3 0
Epichlorohydrin 88 239 IC 3 3 2
(2-Chloropropylene
Oxide)
(Chloropropylene
Oxide)
Ether-Ethyl -49 95 IA
Ethyl Acetate 24 171 IB 1 3 0
(Acetic Ester)
(Acetic Ether)
(Ethyl Ethanoate)
Ethyl Acrylate 50 211 IB 2 3 2
Ethyl Alcohol 55 173 IB 0 3 0
(Grain Alcohol, Cologne
Spirits, Ethanol)
Ethylamine <0 62 IA 3 4 0
(Amino ethane )
r--------------------------------------------------
I
: II = IIealth F = Flammability R = Reactivity :
~---------------------~----------------------______I
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 25 of 27
NAME FLASH POINT BOILING CLASSIF- HAZARD I.D.
eF) POINT ICATION (NFPA 704)
eF)
H F R
Ethyl Chloride -58 54 IA 1 4 0
(Chloroethane)
(Hydrochloric Ether)
(Muriatic Ether)
Ethylene Dichloride 56 183 IB 2 3 0
(1,2- Dichloroethane)
(Glycol Dichloride)
Ethylene Glycol 232 387 IIIB
Ethylene Oxide -20 51 IA 3 4 3
(Dimethylene Oxide)
(1,2- Epoxyethane)
(Oxirane)
Ethyl Methacrylate 68 239-248 IB 2 3 0
(Ethyl Methyl
Acrylate)
Ethyl Ether -49 95 IA 1 4 1
(Diethyl Ether)
(Diethyl Oxide)
(Ether) (Ethyl
Oxide)
Formic Acid
Butyl Ester 64 225 IB
Methyl Ester -2 90 IA
Fuel Oil No. 1 100-162 304-574 II/IlIA 0 2 0
(Kerosene)
(Range Oil)
(Coal Oil)
Fuel Oil No.2 126-204 II/IIIA 0 2 0
Fuel Oil No.4 142-240 II/IIIA 0 2 0
Fuel Oil No.6 150-270 II/IIIA 0 2 0
Furan <32 88 IA
Gasoline -45 to -50 100-400 IB 1 3 0
Gasoline -50 1 3 0
115-145 Octane
(Aviation Grade)
Heptane 25 209 IB
Hexane -7 156 IB 1 3 0
(Hexyl Hydride)
Isopentane -60 82 IA .
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 26 of 27
NAME FLASH POINT BOILING CLASSIF- HAZARD I.D.
eF) POINT ICATION (NFPA 704)
eF)
H F R
Isopropyl Alcohol 53 181 IB 1 3 0
Osopropanol)
(Dimethyl Carbinol)
(2-Propanol)
Isopropyl Ether -18 156 IB
Isoorooylamine -35 89 IA
Jet Fuels
Jet A and A-I 110-150 400-550 II 0 2 0
JetB -10 to 30 1 3 0
JP-4 -10 IB
Kerosene See II
fuel Oil No.1
Linseed Oil, Raw 432 600+ 0 1 0
Methyl Alcohol 52 147 IB 1 3 0
(Methanol)
(Wood Alcohol)
(Columbian Spirits)
Methyl Chloride -50 -11 IA 1 4 0
(Chloromethane)
Methyl Ethyl Ether -35 51 IA
Methyl Ethyl Ketone 16 176 IB 1 3 0
(2- Butanone)
(Ethyl Methyl
Ketone)
Methyl Isobutyl 64 244 IB
Ketone
Methyl Methacrylate 50 212 IB 2 3 2
Mineral Oil 380 680 IIIB 0 1 0
Mineral Soirits 104 300 II
Motor Oil Varies IIIB
Naphtha V.M. & P. 50 240-290 IB 1 3 0
500 Flash
Naphtha V.M. & P. 85 280-350 II 1 3 0
High Flash
Naphtha V.M. & P. 28 212-320 IB 1 3 0
Regular
SFMD AST Plan Review Fact Sheet
August 15,2003
Page 27 of 27
NAME FLASH BOILING CLASSIF- HAZARD
POINT POINT ICATION I.D.
eF) eF) (NFPA 704)
H F R
Nitrobenzene 190 412 IIIA 3 2 1
(Nitrobenzol) .
(Oil or Mirbane)
Nitromethane 95 214 Ie 1 3 4
Octane 56 258 IB
Pentane -40 97 IA
Petroleum, Crude, Sweet 20-90 1 3 0
Petroleum Ether <0 95-140 IA/IB 1 4 0
(Benzine)
(Naphtha, Petroleum)
Phenol 175 358 IlIA 4 2 0
(Carbolic Acid)
Propyl Alcohol 74 207 IC 1 3 0
(I-Propanol)
Propylene Glycol 210 370 IIIB
Propylene Oxide -35 94 IA 3 4 2
Styrene 88 295 IC 2 3 2
(Cinnamene)
(Phenyl ethylene)
(Vinyl Benzene)
T etrahydrofuran 6 151 IB 2 3 1
(Diethylene Oxide)
Toluene 40 231 IB 2 3 0
(Methylbenzene)
(Phenylmethane)
(Toluol)
Turpentine 95 300 IC 1 3 0
Vinyl Acetate 18 161 IB 2 3 2
(Ethenyl Ethanoate) .
Vinyl Ethyl Ether -50 96 IA
o-Xylene 90 292 IC 2 3 0
(1,2- Dimethy Ibenzene)
(o-Xylol)
,--------------------------------------------------
I
! H = Health F = Flammability R= Reactivity :
--~--~-----~----------------~------~-~-------______I
MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY
Alcohol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Security
Crime Victim
Services
Driver & Vehicle
Services
Emergency
Management I
Emergency
Response
Commission
State Fire
Marshall
Pipeline Safety
State Patrol
Traffic Safety
State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555
Internet: http://www.dps.state.mn.us
INSTALLATION OF ABOVEGROUND STORAGE TANKS
FOR DISPENSING INTO MOTOR VEHICLES
The 2003 Minnesota State Fire Code (MSFC) allows the dispensing of flammable (Class I)
and combustible (Class II) liquids from aboveground storage tanks (AST) into motor vehicles
including automotive, marine, and aircraft. There are predominantly three types of ASTs that
are used for this operation; one is the Underwriters Laboratories (UL) listed 142 steel AST
(single wall), the UL Standard 921 (double wall) and the other is the listed 2-hour fire
protected AST that is built to UL 2085.
Proposed installations will need local approval/notification (permit) and possible plan review
documents dependant upon the local code official. Also, MN Pollution Control Agency
and/or Department of Natural Resources may require approval when necessary. Effective
AU2;ust. 2002. plan review documents are no lon2;er required to be submitted to the State
Fire Marshal Division. Code Specialists are available at the State Fire Marshal Division to
answer any questions on these requirements from the 2003 Minnesota State Fire Code
(MSFC). They can be reached at (651) 215-0500 or by email senttofirecode@state.mn.us.
ReQuirements for BOTH the UL 142 and 2-hour protected AST
1. Installations are only allowed when approved by the local code official.
2. Dispensers shall be located a minimum of IO-feet from buildings and property lines.
When the hose is fully extended, the nozzle shall be no closer than 5-feet from building
openings (MSFC Section 2206.7.7.2). The dispensers shall also be located twenty feet or
more from fixed sources of ignition. This is not the only separation requirement: there are
additional rules that apply for separation between the tank and buildings and also the tank
and dispenser. These can be found on page 3 or 4 depending on the type of tank installed.
3. Dispensing hoses for automotive dispensing are limited to 18-feet. At marine or aircraft
fuel dispensing stations, the hoses are allowed to be longer.
4. ASTs shall be provided with secondary containment when the quantities exceed the
maximum allowable quantities as specified in MSFC Table 2703.1.1(1) and the individual
vessel exceed 55 gallons OR multiple vessels exceed 1,000 gallons. The secondary
containment must be able to hold the volume of the largest AST within the secondary
containment area. Examples include dikes, drainage control, listed double wall ASTs, and
listed secondary containment built into the AST. Dispensing and fill piping shall not
penetrate a dike. For further information, please review MSFC (03) Section 2705.3.7.
5. ASTs shall not be filled in excess of95 percent of their capacity. An overfill prevention
system shall be provided for each tank. During tank-filling operation, the system shall:
SFMD Fact Sheet INS-FACT-ll March 31, 2003
Page 1 of5
SFMD Fact Sheet INS-FACT-ll
March 31, 2003
Page 2 of5
a. Provide an independent means of notifying the person filling the tank that the fluid
level has reached 90 percent of tank capacity by providing an audible or visual alarm
signal, providing a tank level gauge marked at 90 percent of tank capacity, or other
approved means.
b. Automatically shut off the flow of fuel to the tank when the quantity of liquid in the
tank reaches 95 percent of tank capacity. For rigid hose fuel-delivery systems, an
approved means shall be provided to empty the fill hose into the tank after the
automatic shutoff device is activated.
c. Reduce the flow rate to not more than 15 gallons per minute (0.95 Llsec) so that at the
reduced flow rate, the tank will not overfill for 30 minutes, and automatically shutoff
flow into the tank so that none of the fittings on the top of the tank are exposed to
product because of overfilling.
A permanent sign shall be provided at the fill point for the tank, documenting the filling
procedure and the tank calibration chart.
Exception: Where climatic conditions are such that the sign may be obscured by ice
or snow, or weathered beyond readability or otherwise impaired, said procedures and
chart shall be located in the office window, lock box or other area accessible to the
person filling the tank.
The filling procedure shall require the person filling the tank to determine the gallonage
(literage) required to fill it to 90 percent of capacity before commencing to fill operation.
6. ASTs shall have vehicle impact protection, such as guard posts, to provide protection of
connected piping, valves, fittings and storage tanks. When guard posts are installed, the
posts shall be (1) constructed of steel not less than 4 inches in diameter and concrete
filled, (2) spaced not more than 4 feet between posts on center, (3) set not less than 3 feet
deep in a concrete footing of not less than 15 inch diameter, (4) set with the top of the
posts not less than 3 feet above the ground, and (5) located not less than 3 feet from the protected
object [MSFC (03) Section 312].
7. Dispensers shall be protected against physical damage from vehicles by mounting on a concrete
island 6 inches or more in height or by other approved means.
8. There shall be an emergency shut-off device located between 20 feet and 100 feet from the
dispenser. Activation of the emergency shut-off shall shut down transfer of fuel to the dispenser
and shall close all valves that supply fuel to the dispenser. The emergency shut-off shall be
distinctly labeled EMERGENCY FUEL S~UTDOWN DEVICE.
9. Within 75 feet ofthe dispenser, there shall be a portable fire extinguisher rated at a minimum 2-
A, 20-B:C. The fire extinguisher shall be inspected annually by qualified personnel.
10. Signs prohibiting smoking, dispensing into unapproved containers, and requiring vehicle engines
to be stopped during fueling shall be conspicuously posted within sight of each dispenser. When
open to the public or when there are employees that are under 16 years old, there shall be a sign
stating the minimum age to dispense flammable/combustible liquids is 16.
SFMD Fact Sheet INS-FACT-II
March 31, 2003
Page 3 of5
11. Weeds, grass, brush, trash and other combustible materials shall be kept at least 10 feet from an
AST.
12. ASTs shall have a minimum 3-foot separation between tanks. Larger tanks may require more
space.
13. Storage vessels for LP-gasand CNG shall be located 20 feet or more from AST's. Suitable means
shall be provided to prevent the accumulation ofliquids under adjacent LP-gas containers such as
by dikes, diversion curbs or grading. When AST's are within a diked area, the LP-gas containers
shall be outside the diked area and at least 10 feet away from the centerline' of the wall or the
diked area.
14. ASTs shall have warning signs or labels to identify the tank contents to emergency personnel.
15. ASTs require normal and emergency vents. The normal vent shall terminate at least 12 feet above
the ground level and 5 feet from building openings or property lines that can built upon.
16. Electrical equipment shall be installed in accordance with the Minnesota State Electrical Code.
17. Dispensing is required to be under the supervision of a qualified attendant at all times. The
attendant's primary function shall be to supervise, observe and control the dispensing of motor
fuels. The attendants view to the dispensing area shall be unobstructed. The attendant shall
prevent the dispensing of flammable and combustible liquids and flammable gases into containers
not in compliance with the Minnesota State Fire Code. The attendant shall also control sources of
ignition, give immediate attention to accidental spills or releases, and be prepared to use fire
extinguishers. A method of communicating with the fire department shall be provided for the
attendant.
18. Contact the State Fire Marshal Division for requirements that may apply to situations such as:
. Dispensing at a bulk plant, marina or
resort
· Dispensing inside a building
. Dispensing into containers
. Dispensing of LPG, CNG, etc.
. Dispensing from tank vehicles
· Unsupervised dispensing
19. Pages 4,5, and 6 of this information sheet contain additional requirements specific to the type of
above ground tank installation used for dispensing.
SFMD Fact Sheet INS-FACT -11
March 31, 2003
Page 4 of5
Additional reQuirements for UL 142 or 921 AST's
UL 142 (single wall) or UL 921 (double walled) above ground storage tanks are plain steel tanks.
These tanks are not constructed to be fire resistive and thus have requirements for separation between
the tank and buildings and also between the tank and dispenser.
This page coverstheadditiorialreqllirements for single and double wall
plaiIl steel UL142 or UL921 tanks. Note the separation required ..
between the tank and buildings plus the separation required between.tank
1. A maximum of three ASTs are allowed for dispensing at any single dispensing site. AST shall not
exceed 6,000 gallons individual capacity for Class I liquids (gasoline) and 10,000 gallons
individual capacity for Class II liquids (diesel fuel).
2. ASTs shall be separated from the dispenser by at least 30 feet.
Exceptions:
1. Operations not open to the public and for resort operations serving registered guests only,
dispensing of Class I liquids from one AST of 560 gallons capacity or less may have the
dispenser located on top of, or adjacent to, the AST.
2. Operations not open to the public and for resort operations serving registered guests only,
dispensing of Class II liquids from two AST of 1,000 gallons individual capacity or less may
have the dispenser located on top of, or adjacent to, the AST.
3. Tanks shall be located not less than 50 feet from the nearest side of a public way, property
line, building, or combustible storage located on the same property and at least 3 feet from
adjacent tanks.
Exception: ASTs which are separated by 30 feet or more from the dispenser may reduce the
distances between the AST and the public way, property line, building, or combustible storage
to 30 feet.
4. Fuel delivery shall be from the top of the AST with the dispensing line equipped with an
approved antisyphon system.
5. Dispensing lines between a diked area or AST and a dispenser shall be located underground and
shall be in an approved secondary containment piping system.
6. Dispensing lines shall have an approved normally closed solenoid valve at each dispenser below
the impact valve.
7. Fill pipes between a diked area or AST and the fill pipe opening shall be located underground.
The fill pipe shall also be equipped with manually operated mechanical shut-off valve located
inside the diked area, but can be operated from outside the dike.
8. ASTs shall be grounded as specified in National Fire Protection Association (NFP A) Standard
780, Lightning Protection Code (1997 Edition).
SFMDFact Sheet INS-FACT -11
March 31, 2003
Page 5 of5
9. When required by the local fire chief, multiple AST installations shall be protected by an
approved fire protection system.
Additional requirements for 2-HOUR PROTECTED AST
Fire resistive 2-hour protected above ground storage tanks usually include steel tanks that are double
wall and encased in some form of protective insulation such as reinforced concrete. These tanks are
constructed to be fire resistive and thus have reduced requirements for separation between the tank
and buildings and also between the tank and dispenser. A plain steel tank (either single or double
wall) is not a 2-hour protected tank and must instead be installed following the spacing requirements
for UL 142 or UL 921 tanks found on page 4 of this information sheet.
. . ..
This page covers the additionalrequirements for double wall fire resistive
2-hourprotected tanks. The separation distances given here apply only to this
type oftank and do not apply for single or double wall plainsteeltanks.
1. ASTs shall not exceed 12,000 gallons individual capacity or 48,000 gallons aggregate capacity at
anyone dispensing site.
2. ASTs less than or equal to 6,000 gallons shall be located at least 15 feet from property lines that
can be built upon, including opposite sides of a public way. These ASTs shall also be located at
least 5 feet from buildings and the near side of a public way (see the table below)
3. ASTs greater than 6,000 gallons shall be located at least 25 feet from property lines that can be
built upon, including opposite sides of a public way. These ASTs shall also be located at least 15
feet from buildings and the near side of a public way (see the table at the bottom of this page).
4. ASTs shall have overfill prevention that will provide notification at 85% fill and automatically
stop fuel flow at 90%.
5. Dispensing devices can be installed on or adjacent to the AST.
6. Antisiphon devices shall be installed on the external piping when the piping extends below the
liquid level of the AST.
7. Fill openings shall have a spill container at least 5 gallon capacity.
Minimum separation requirements for protected aboveground tanks
Individual Tank Minimum distance from Minimum distance Minimum
Capacity property line which is or from the nearest side of distance
(gallons) can be built upon, any public way or from between tanks
including the opposite the nearest important
side of a public way building on the same
property
Less than or equal 15 feet 5 feet 3 feet
to 6,000
Greater than 6,000 25 feet 15 feet 3 feet
/'
CITY OF
CHANllASSEN
7700 Market Bou levard
PO Box 147
Chanhassen, MN 55317
Administrallon
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952227.1190
Engineering
Phone: 952227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120.
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
June 2, 2005
Green Gardens
Attn: Keith
850 Flying Cloud Drive
Chaska, MN 55318
Dear Keith:
This letter documents staffs findings from inspections of Green Gardens which took
place on May 19 & 27, 2005. It is intended to provide you with information and identify
compliance of your business operation with the condition of Interim Use Permit #96-2.
The use of the subject property as a nursery.is an Interim Use Permit (IUP) in the
Agricultural Estate.(A2) district in which your property is located.
Sec. 20-576. Interim uses.
The following are interim uses in the 'j\-2" District:
(7) Wholesale nurseries'{;'i~/;
The City Code defines wholesale & retail nursery as:
Enclosures
Cc: Skip Cook, Property
g:\plan\jm\code enforcement\green gardens\violations letter. doc
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Condition (a) states: Area 4 shall not
be used for the storage of equipment,
materials or vehicles associated with
the garden center. Storage or display
of nursery stock is permitted in Area
4. The vehicles, equipment and
blocks/pavers pictured here are
located in Area 4 and are in violation
of condition (a). Furthermore, the
white trailer in the first photo is
unrelated to the nursery business and
its storage on site is in violation of
condition (i).
The Site Plan stamped "Received
July 8, 1996" indicates Area 3 must
be used as a "Growing range for
garden crops: com, pumpkin and
miscellaneous vegetation". These
photos show that Area 3 is being
used for storage of nursery materials
and not for growing of crops. This is
a violation of what Chanhassen City
Council approved as part Interim
Use Permit #96-2. Storage of
nursery materials must be removed
from Area 3 which shall be restored
as a growing range. Otherwise, IUP
#96-2 must be amended to permit
storage of nursery materials in Area
3.
--------~
There is significant evidence that grading has taken place on the site. Condition (m) states: No grading of the
property shall be permitted unless a grading permit is obtained from the City. Our records indicate that no grading
permits have been applied for. This is a violation of Interim Use Permit #96-2. Permits for any grading which has
taken place within the last 365 days must be applied for.
.... .
~ j~?;;f~~&>r
. I"';r..p . .... .' .,. '". - ~
-I.:' ;;-,,,, ,': ~ ,.. '".,':;., ":~~ -- . ~
. , '
~.--
The storage trailer pictured
here was not a part of the
original site plan approval for
Interim Use Permit #96-2. To
have this trailer located on
site and in use is a violation
of IUP #96-2. This trailer
must be removed or the IUP
amended to allow the use of
the trailer.
Condition (h) states: Stop
signs shall be erected at the
intersections of the driveways
and Highways 101 and 212.
Clearly these signs are not in
their intended location. Stop
signs must be erected at the
site exits to Highways 101
and 212 no later than June 17,
2005.
I
--~
Chanhassen City Code states: The following are
nuisances affecting health, safety, comfort or
repose: (1) Accumulations of manure, animal
feces, refuse, garbage, tin cans, bottles, junk,
debris or other waste which are kept so as to
result in offensive odors or unsightly conditions to the discomfort and annoyance of adjacent property
owners or the public; (5) The throwing, dumping or depositing of any dead animals, manure, garbage,
waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any
kind on private or public property. All accumulation of junk, garbage and debris must be removed no
later than June 17, 2005.
__I
These photos are evidence that dumping and disposal of nursery materials into the drainage way at the
western edge of the subject property has taken place. These actions must cease immediately. The
drainage way in question must be cleared of nursery material no later than June 17, 2005. Sec. 7-45.
Operations; noise; hours; explosives, dust, water pollution; topsoil preservation. Chanhassen City
Code states: The following operating standards shall be observed at the site of any operation permitted
under this article: (4) Operators shall comply with all applicable city, county, state and federal
regulations for the protection of water quality, including the Minnesota Pollution Control Agency and
Federal Environmental Protection Agency regulations for the protection of water quality. No waste
products or process residue shall be deposited in any lake stream or natural drainage system. All
wastewater shall pass through a sediment basin before drainage into a stream. The City of
Chanhassen will pursue legal action against the property owner if it finds further dumping or disposal
. - .. ...
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMIT #96-2
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:
Allow for the operation of a wholesale and retail nursery. No other use or accessory use
. shall be permitted on the site unless approved by the City Council.
~
1-
J.
k.
~
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 permit is issued based on the fmdings presented in the staff report and
site plan dated July 8, 1996 (prepared by Dick Henning Enterprise) and subject to the following
conditions:
a.
Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or
vehicles associated with the garden center. Storage or display of nursery stock is permitted
in Area 4.
~
b.
A fifty foot setback shall be maintained from all properties lines for the storage of materials,
growing ranges, and parking, except that the existing parking area and display area adjacent
to Highway 212 and Highway 101 (southeast corner of the property) may continue to be
used for these purposes. No materials Of displays shall be placed within the right-of-way or
obstruct the view of the traveling public. The storage of materials over three (3) feet in
height shall be prohibited in the site triangle of Highway 101 and 212.
Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00
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.
Exterior light sources shall be shielded.
No outside speaker system shall be allowed.
""'~."':~
.')\f
c.
d.
e.
f.
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.
g.
h.
Signage shall comply with city ordinances.
Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212.
No equipment or vehicles shall be stored on the site with the exception of employee
vehicles and equipment necessary for the operatiOILofthe nursery. No other contractors
equipment shall be stored on the properly.
Permanent landscaping shall be provided along Highway 101. The applicant shall submit a
landscaping plan for staff review prior to consideration by the City Council.
No outside storage of equipment and materials unrelated to the nursery business shall be
1.
ICANN!C
. '
60
permitted.
The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of
equipment and materials is permitted in these buildings.
l.~
m.
No grading ofthe property shall be permitted unless a grading permit is obtained from the
City.
n. The applicant shall work with MnDOT in examining the possibility of relocating the access
point on TH 212 further to the west and providing a deceleration lane along westbound TH
212 in conjunction with the Highway 212 improvements.
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: Julv 8, 1996
CITY OF CHANHASSEN
By:
~~~~,
onald J. iel, ayor
4d~
By:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~day Of~
1cf1b by Donald 1. Chmiel, Mayor and Don Ashworth, City Manager,:the i of assen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to uthority granted by
its City Council.
OW;/~OBY'
~~bell' Knutson, Scott
& Fuchs, P.A.
Suite317
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
RNK
KAREN J ENGELHARDT
@"-';;:NOTARYPUBUC.MINNESOTA
JJ CARVER COUNTY
My ComJ1llsSlon ExpIres Jan. 31. 2000
. (
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, EXCEPT the following
described parcel:
Commencing at a point in the centerline of the Chicago
Northwestern Rai lway main tracks said point being
646.50 feet Westerly of the East line of the Northeast
one-quarter of said Section 35 as measured along the
centerline of said tracks; thence Southeasterly at an
angle of 80 degrees 35 minutes 18 seconds as measured
from East to South from the centerline of said tracks,
a distance of 402.77 feet to the point of beginning of
the parcel to be described; thence Northwesterly along
the last described line, a distance of 224.31 feet to
the Southerly right-of-way line of the said Chicago
Northwestern Railway; thence Easterly along said
Southerly right-of-way line a distance of 467.90 feet;
thence Southwesterly to the point of beginning.
Document No:
STATE OF MIN~967
CARVER COUNTY RECORDER
(Abstract Department)
/~80 60
Filling. Fee: 7' Copy Fee:
Check NO:/8" J 57
::'ed Q,~/ ;:rz9'7
Carl W. Hanson Jr., County Recorder
8y:~q t7folAo/
Cash
Planning Commission Meeting - June 19, 1996
PUBLIC HEARING:
REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY AND VARIANCES TO
mE SETBACK REQUIREMENTS ON PROPERTY ZONED A2 AND LOCATED AT mE
NORTIIWEST CORNER OF m 101 AND 111 212. SKIP COOK
Public Present:
Name
Addn~ss
Skip and Teri Cook
Harold Hesse
15506 Village Woods Drive
1425 Bluff Creek Drive
Kate Aanenson presented the st.'lff repol1 on this item.
Mancino: Any questions? I have one. On the recommendation number 8. On page 9. It.
says stop signs shall be erected at the intersection of the driveways and Highway 101 and
212. Oh, I see what that means.
Aanenson: Just kind of a queuing. Just so people understand that they're coming out onto a
collector street.
Mancino: So that is as they leave. Number 11, unused pallets and equipment located along
the north property line shall be removed from the site. Equipment can be put in storage can't
it?
Aanenson: Well that was kind of, there is two storage buildings that some of the equipment,
that there seemed to be some excess debris so I guess that's what we're saying. We want a
list so we can see how it's expanding. A list that we believe that there's a threshold of
equipment that can be stored on the site and we want to see more specifically. That was left
off of the application.
Mancino: And on 14, the deceleration lane. Who pays for that?
Hempel: Madam Chair, maybe I can address that. That's typically something for the
applicant to work out with MnDot. As part of the upgrade of 212, there will be some
widening in that and maybe some slight modifications done to the turn lanes or the expansion
down there to provide a deceleration lane for the site.
Mancino: But that is between the applicant and MnDot. I mean we, as a city, aren't saying
you have to put in a deceleration lane.
26
Planning Commission Meeting - June 19, 1996
Hempel: That's correct. Because we don't have the jurisdiction on that highway but that
would be MnDot.~'
Aanenson: Yeah, and we did speak to someone from MnDot and they do want to work with
the applicant and review their plans and give them approval so that is one of the conditions.
They have to get MnDot approval. And because a signal is going in, as Dave indicated, there
might be some modifications that affect access and they should work to get their approval.
Mancino: And they would have to do that regardless of the expansion and what's going in
there right now?
Aanenson: Correct.
Mancino: I mean MnDot would come to them and say, okay. Thank you. Any other
questions?
Peterson: Just a general question and the applicant, if they're here to respond to but I'm
asking staff. Some of these things are financially onerous to some degree. Is this an issue
that you've discussed with them or not? As far as like the acceleration lane and some of the
other points that's going to cost them some money to get it done.
Aanenson: Correct. I think some of the deceleration may be accomplished. Some of that
may be accomplished with the signal going in at 212. If you look on the back, I believe
some of that may. It may be as simple as just eliminating and forcing all the traffic to come
out at TH 101. That might solve the problem because now with the light, you're going to
have traffic stacking so it might be just easier to come out on TH 101 anyway where you
have a controlled access point. We believe because they're in the landscape business, there is
stock material that they can be using. Even if it's ball and burlap along TH 101 to provide
'that screening. Again because it is temporary, you're right. It is hard to do some of those
improvements but we believe that some of that can be accomplished, just through careful
design consideration of where they're storing things and how they're screening them to look.
Again, there's concern that because this is the southern end of the city, we tend to look the
other way and we are concerned about the visibility and entrance to the city.
Mancino: Thank you. Is the applicant here and do they wish to address the Planning
Commission?
Skip Cook: Yes.
Mancino: Thank you.
27
Planning Commission Meeting - June 19, 1996
Skip Cook: My name is Skip Cook. I own the property that we're talking about. On the
comer of Highway 101 and 212. I don't know how many of you are familiar with the area,
exactly where it sits but it's on the northwest comer. The current, I own the property and just
to make clarify because I own the property. I lease the property, okay. I'm coming to the end
with the lease agreement of 4, a minimum 4 year lease with Wilsons Nursery who has a
wholesale business in the city of Chanhassen, operating out of my place... They ran into some
problems with management or whatever so now they're sub-leasing it to Henning. Dick
Henning...so he's the one currently running it. When I first got the letter, I believe it was
from John Rask and it was to the effect that I was in violation of something so immediately
when you're in violation of something, I mean if you're speeding down the road, you're going
to stop and talk to the officer or whatever or go through the...so the first thing, I didn't go
directly to City Hall. I did it through an attorney who I believe you're familiar with Kate.
Craig Mertz. And so he went, the list I was given to prepare is I was totally unprepared or I
didn't know where to start...! thought he could do it quicker...so he got that together. What I,
after further studying and looking at the letter that...staff report that was dated the 19th. In
the second paragraph, if you look, this is just my conclusion and maybe you can... At the
beginning of the second paragraph.
Mancino: Excuse me. What page are you on?
Skip Cook: Page number 2. Second paragraph. The subject property has been used as a
farmers market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in
1972. So you'll have to correct me but in my thinking, leasing it to someone, the whole
property is the garden center and a retail nursery. I have not added a building. The two
buildings that Kate talk about are there. They're used for nothing other than storage. There
are no retail sales that occur out of there or...to a nursery or any other business. There has
been no land added to this property since as far as I know, since the nursery, garden center
was opened. 10.9 acres, roughly more or less. As far as on page 3, and these are kind of
questions that I've been putting out to you too. As far as illegally expanding, on page 3, the
first paragraph after number 5. The land area to the west of the building which is ,currently
used for storage of nursery stock was illegally expanded. I don't quite follow that. How it
was illegally expanded when I didn't go through a land...trees are agriculture and they're
regulated by the Department of Agriculture. The deal has always been an agriculture. I don't
know how, if it was...than agriculturally permitted...! guess that's a question. And I'm
probably...
Aanenson: No, that's fine. If I may, I'd be happy to answer that. It is a non-conforming use.
It's a retail on an agricultural A2 property. We did make an amendment.
Skip Cook: With a grandfather clause.
28
Planning Commission Meeting - June 19, 1996
Aanenson: Well~ you have grandfather rights which means you cannot expand any of the
retail component. Okay, there's now the contractor's yard kind of ~omponent has expanded.
You can display rocks. They're selling mulch. Dirt. Those sort of things. That has expanded.
Okay. So if it was being continued to use in the way it was, they have the right to that,
which is the original building and selling flowers. Are trees being grown on the site? Yes.
Are trees being brought in? Yes. That's where it kind of falls into some of the gray area.
But it has expanded as far as things that are being done on the property, and that's part of the
documentation that we went through. If you look on this part of the report, and this is what
we spoke to your attorney about too.
Skip Cook: But the original, part of the deal, all of that was used and under till for years...so
that goes along with the project. There has been no property added to that. Now the trees,
when they're in the field as far as the retail displaying those, from my point of view, and
maybe I'm sounding a little bit...those trees are growing. If you put a tree in any of your
yards, you can't tell me that that tree isn't going to grow. Whether it's in a pot sitting on your
front step or it's in the ground. And that's when something is regulated by the Department of
Agriculture, and you have an existing report from 1972 you know annexation or whatever it is
of that area into Chanhassen, that I noted in that second paragraph, it's almost a given that
that's.
Mancino: Skip, I don't think we're going to get this, that part of it solved tonight. Do you
have any problems with the recommendations that are proposed?
Skip Cook: Yeah, I was very happy I guess, I'm not sure... Many of the things on that list I
have, it scares me like you first brought up Nancy and then Craig, on the cost. It's not a get
rich quick operation down there we're leasing it out...
Mancino: Have you had time to go over with John or Kate these recommendations and
discuss them with them? That might be what's in order. Instead of doing it right now, why
don't we table this and give you time to confer with staff and question or ask about any of the
recommendations.
Skip Cook: Okay I'm under the idea, I'm not running this but I'm under the idea that the
tenant is not expanding it. It's being used for the nursery and for the...
Aanenson: We've explained this to his attorney. I think his attorney understands the issue.
It has expanded. It's our opinion that it expanded. Like I say, I believe we put a condition in
here that based on the type of use, temporary, that meets the city's objections that are not too
onerous on the applicant.
29
Planning Commission Meeting - June 19, 1996
Skip Cook: Things just seem, on the list for example and the MnDot thing I guess, we said
that was all... How about the berming, the permanent landscaping along Highway 101 and
then further back to 212. I don't understand why we would screen trees.
Aanenson: Well that's what I just said earlier. I said if you have trees on stock, if you could
just move some of those trees around.
Skip Cook: So 212, when you put in there earlier that I would need screening of 212. I don't
need that? Because there's trees planted right in the ground in a neat rows all the way in the
front of 212 and there's a...
Aanenson: And then remove some of the rocks that are stored in the front. Right adjacent.
There are pallets of bricks. Decorative block and brick. They're right along the property line.
Skip Cook: That are in, that actually are in front of the building?
Aanenson: Correct.
Skip Cook: But that was, that's given in your letter that that's okay to store things... not
stored for retail.
Mancino: But it still needs to be streetscaped first. Between what you store and display,
there needs to be some sort of greenery.
Skip Cook: You mean the parking lot in front of the building...?
Mancino: On the street.
Skip Cook: It's been that way, it's been that way for a long time...
Mancino: Yes, that's what she's saying, to change it.
Skip Cook: Well you tell me what I'm supposed to do. I guess I was happy to see the thing
in the packet all of these attachments... If the use, it hasn't changed that much. Okay, I
guess...you direct me where to go at this point and...
Aanenson: Well, we've been through this before with changing...on some others so I think, if
we can work with these issues. If you're comfortable with them, if the Planning
ComIl1ission's.comfortable, we can certainly work through the issues:
30
.,
Planning Commission Meeting - June 19, 1996
Skip Cook: As far as TH 10L.in my favor, and the...you were talking about the storage with
the neighbor to the north. That's all, it should be...
Mancino: Well I think it'd be good to, after this is over, to have staff and you meet to go
over the recommendations and make any changes that are necessary before it goes to City
Council. Okay. Any questions for the applicant at this point? Okay. May I have a motion
to open this for a public hearing please?
Fmmakes moved, Mehl seconded to open the public heming. The public heming was opened.
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission, please come forward.
Harold Hesse: Yeah, I'm Harold Hesse and I have land just adjacent to Skip and he's been a
good neighbor and I just want to...1 think it would be fair to him in the end. It just looked _
very difficult with all the things we're asking...and I don't understand them anyway, so thank
you.
Mancino: Thank you. Anyone else? Seeing none, may I have a motion to close the public
hearing?
Joyce moved, Fmmakes seconded to close the public heming. The public heming was closed.
Mancino: Comments from commissioners. Ladd please.
Conrad: Most of the conditions seem to be fairly reasonable to me, and I guess I don't have
anything to say. I think they're just appropriate. They're conditions, if you want to run a
retail operation, you probably should be doing some of these things and again, maybe
somebody can educate 'me if they see an expense here that's out of line. I know it's not a
high revenue generating corner right now but on the other hand, I think there are a couple
standards and some of these are standards that we, well these are all standards we apply to
everybody in Chan. Everybody so, I'm not looking for comments right now but I guess from
the Planning Commissioners, if they see, I'd be interested if they see an excessive expense
that's unreasonable, I think we should deal with that but other than that, again I don't think
this is should be a penalty situation but bringing something up to a certain level of standard
and I think Kate was right when we say we tend to forget about the south side of Chanhassen
in terms of what we want it to look like.
Mancino:-Ariy discussion on the variance to the setback? Do you feel comfortable with that?
31
"
Planning Commission Meeting - June 19, 1996
Conrad: I don't think, I don't know Madam Chair,
Mancino: Okay. Craig. Any comments?
Peterson: My only concern is whether or not the costs were prohibitive and as the, the one
that really bothered me was MnDot. I think that's been discussed so I think we already have
set the precedent. We do have a nursery that was here not too long ago when we went
through very similar issues that we've already set the tone for what we need and what we
want in Chanhassen so I concur with the staff comments.
Mancino: Kevin.
Joyce: Not much more to add. I will side with Kate. I was out at the property today and
there are a lot of bricks and stuff right in front of his building that, that I feel is the front of
the building and I think it should be cleaned up. I mean that's my opinion of it. If it's
cleaned up, I don't have any problem with any of this stuff so that's kind of...
Mancino: Thank you. Jeff.
Farmakes: Nothing to add.
Mehl: I have nothing to add.
Mancino: I don't either. I am okay. Well this is one question. Kate, the variance for the
setbacks to be 50 feet instead of 300 feet from the adjacent property.
Aanenson: Right. When we put together this ordinance, we really, we looked at what we
had in place right now for wholesale nurseries. We said 500 feet. Because this is a non-
conforming situation, it's very onerous to put that same criteria on there so that's what the
setback is now. So really what we're kind of doing is just giving that as a blanket...we felt
was appropriate.
Mancino: Thank you. With that, may I entertain a motion.
Joyce: I'll try it. I'll make a motion the Planning Commission recommends that the City
Council approve the interim use permit #96-2 for a wholesale and retail nursery, and a
variance from the 300 foot setback requirement for a residence based on the findings
presented in the staff report .~d site plan dated Jun~ 10, 1996, .and subject to conditions 1
through 14.
32
"
Planning Commission Meeting - June 19, 1996
Mancino: Is there a second?
Farmakes: Second,
Mancino: Any discussion please?
Conrad: What were we doing with, what's was staff's comment on 14? Were we eliminating
that?
Mancino: No, we were keeping it and just making sure that the applicant works with MnDot.
I mean it is not the city's responsibility to decide about the deceleration lane.
Aanenson: I guess we also said, if it was too onerous, you always have the option of just
using the access for TH 101...which may be a safer situation.
Mancino: So let's say we're not making it further west, un~erstand.
Aanenson:If you want it further west, it's going to be...
Conrad: I think staff also asked to put this property on an annual review basis. Under point
number 6.
Mancino: Would you accept this friendly amendment to number 6?
Joyce: Yes I will.
Mancino: Any other discussion? Can we read through number 6 so Mr. Cook...
Aanenson: Sure. The use shall terminate one year following the availability of public sewer
and water and then we would add, in addition, an annual review shall be made to show
compliance with conditions of approval.
Mancino: Thank you.
Joyce moved, Fmmakes seconded that the Planning Commission recommends that the City
Council approve the intelim use pelmit for a wholesale and retail nu~eIY, and a vmiance
from the 300 foot setback requirement from a residence based on the findings pn~sented in the
staff repOlt and site plan dated June 10, 1996 (pn~pal'ed by Dick Henning Entelplise), and
subject to the following conditions:
33
"
Planning Commission Meeting - June 19, 1996
1. Area 4 as shown on the site plan shall not be used for the storage of equipment,
materials or vehicles. Storage or display of nursery stock is permitted in Area 4.
2. A fifty foot setback shall be maintained from all property lines for the storage of
materials, growing ranges, and parking, except that the existing parking area and display
area adjacent to Highway 212 and Highway 101 (southeast comer of the property) may
continue to be used for these purposes. No materials or displays shall be placed within
the right-of-way or obstruct the view of the traveling public.
3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday and Sunday.
4. Exterior light sources shall be shielded.
5. No outside speaker system shall be allowed.
6. The use shall terminate one year following the availability of public sewer and water
service. In addition, an annual review will be conducted, to detelmine compliance with
the conditions of approval.
7. Signage shall comply with city ordinances.
8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and
212.
9. No contractors equipment shall be stored on the site with the exception of equipment
necessary for the operation of the nursery. The applicant shall provide a list of vehicles,
trailers, Bobcats, end loaders, or similar equipment that is proposed to be used and
stored on the site prior to consideration by the City Council.
10. Permanent landscaping shall be provided along Highway 101. The applicant shall
submit a landscaping plan for staff review prior to consideration by the City Council.
11. Unused pallets and equipment located along the north property line shall be removed
from the site.
12. The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of
equipment. and materials is permitted in these buildings.
34
.,
)
Planning Commission Meeting - June 19, 1996
13. The applicant shall submit a detailed grading, drainage and erosion control plan for
review and approval by the city engineer.
14. The applicant shall work with MnDot to relocate the access point on TH 212 further to
the west. A deceleration lane should also be installed along westbound TH 212.
All voted in favor and the motion canied.
PUBLIC HEARING:
REQUEST FOR SITE PLAN APPROVAL FOR TIlREE BUILDINGS IN A 26.600
SOUARE FOOT COMMERCIAL DEVELOPMENT ON 3.4 ACRES AND A
CONDmONAL USE PERMIT TO ALLOW MORE THAN ONE PRINCIPAL BUILDING
ON A LOT. ON PROPERlY ZONED BG. GENERAL BUSINESS DISTRICT AND
LOCA TED ON mE NORmEAST CORNER OF POWERS BLVD. AND WEST 78m
STREET. LOTS 1 AND 2. WEST VILLAGE HEIGHTS 2ND ADDmON. WEST VILLAGE
CENTER. PHASE II. T.F. JAMES COMPANY.
Due to a faulty tape, the staff presentation, the applicant's presentation and some of the
commission's discussion was not recorded. Taping begins again at this point in the
commission discussion.
Conrad: I really don't have any questions Madam Chair.
Mancino: So you're okay with the...on the west side. When you drive up and park right
here, this is what you're going to see. When you drive up to Building A and parking in the
parking spaces right here.
Conrad: Yeah.
Mancino: And you were talking about the...Are there any plantings? There are two trees
right here. There's not a lot of foundation plantings around the buildings, correct? There's
more of the perimeter.
Charlie James: One thing that I want to point out here, and maybe it's because most of them
are dead but this drawing does not take into account the boulevard trees that the city has. I've
got a little bit... In this area here, there is plantings...I know that there are some evergreens
here, in this area. They're looking at little peaked right now but we didn't show those on our
drawings. This is part of the city boulevard thing so these are in addition... Foundation
plantings. Well.
35
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r:;-i
City Council Meeting - July 8, 1996
Councilman Senn: Put it in the contract.
Mayor Chmiel: Colleen.
Councilwoman Dockendorf: I didn't, I misunderstood you Charles. Since we're providing some of the fill,
doesn't that mean that some of these bids should come down?
Charles Folch: What will actually happen is we don't have to necessarily change the award tonight because the
provisions in the contract document allow us to do that at any time in the contract. So it will likely come
through as a deduct sometime during the contract with a pay request.
Councilwoman Dockendorf: Okay.
Mayor Chmiel: Mark.
Councilman Senn: No new questions.
Mayor Chmiel: Okay. I don't have any questions in regard to that. So I'll call for a motion.
Councilman Senn: Move approval.
Councilwoman Dockendorf: Second.
Resolution #96-59: Councilman Senn moved, Councilwoman Dockendon seconded to awanl the bids for the
Coulter Boulevanl Phase II Road and Utility Improvement Project No. 93-26B to Minger Construction in an
amount of $1,246,059.91. All voted in favor and the motion earned.
REQUEST FOR AN INTERIM USE PERMIT FOR A NURSERY: AND VARIANCES TO THE SETBACK
REQUIREMENTS: LOCATED AT THE NORTHWEST CORNER OF TH 101 AND TH 212. SKIP COOK.
Kate Aanenson: As you recall, the Council did approve an amendment to the A2 District which will allow for a
retail garden center as an interim use permit. We did as a staff acknowledge that there may be some other
appropriate applications, this site being one of them. Mr. Cook, who owns the property, is the applicant. He
has a user on the site that would like to run a retail garden center. In researching this property it has been used
for a farmers market since 1972. There's a landscape business, as I indicated, that currently wants to use the
site. Our concern is that we make sure that it remains a landscape business and doesn't become a contractor's
yard, which is not permitted. Staff did recommend approval of the interim use permit with the conditions.
Planning Commission also recommended approval on June 19th. We believe that this use, with the appropriate
conditions as we've attached, is a reasonable use of the property as long as they do follow the conditions until
such time as urban services are available, and we did put that time limit on. As you know, interim use permit
does have a termination date. We put we will review it annually and then also at such time that MUSA
becomes available. I did hand out tonight a revised site plan. We have been working with the applicant since
the Planning Commission meeting...site plan was too vague and the applicant has worked well with the staff to
try to fine tune that and we believe that...conditions of the staff report. We wanted to designate exactly what
'certain things were and so we've got an inventory of materials that are out there. So' based on that; staff is
recommending approval. I'd be happy to answer any questions that you have.
24
City Council Meeting - July 8, 1996
Mayor Chmiel: Thank you. Is there anyone who has concerns with regard to this proposal? If not, Steve.
Councilman Berquist: What is that little triangular piece of land that's not designated anything? Is that the
adjoining landowner's piece?
Kate Aanenson: This small piece of property? Right here?
Councilman Berquist: Yep.
Kate Aanenson: I would guess you'd say the gentleman's in the salvage business. It's not part of Mr. Cook's
property. He has tried to clean that up. That certainly is an eyesore on that piece.
Councilman Berquist: I have two other questions that are related. Condition number 9. The applicant uses
equipment, does condition number 9 allow the applicant the use of equipment such as a Bobcat for operation of
the center?
Kate Aanenson: Yes. And he has showed where those will be located adjacent to, there's two storage units. If
you look on the revised site plan dated July 8th, which you'll have to change in your recommendations on page
9. It says site plan dated June 5th. That should be changed to July 8th. On page 9, that is.
Councilman Berquist: The only reason I bring it up is because, another condition and maybe it's condition 9.
didn't reference it specifically but there's something in there that says you can't store anything that could be
construed as being used for a contractor's yard.
Kate Aanenson: Right. If it relates to this piece but what we don't is for it to become a snowplowing business
and that sort of thing. There's certain things that relate to the nursery business, which he does have. He does
have rock and he's using a Bobcat and he's shown that on the site plan that's next to the buildings. Also he
does rent part of the property that's shown as Area 3 and we did discuss that. There is a farmer that used that,
which is exempt under the, if they want to come in, they're growing pumpkins there right now. They do
occasionally park equipment so we're aware of that. What we want to do is just have an inventory so this
doesn't become something else and when a higher and better use becomes available...have a problem trying to
get this cleaned up so again we believe it's reasonable use of property.
Councilman Berquist: Are there any conditions that were of concern to Mr. Cook?
Kate Aanenson: Yes, I think he felt somewhat burdensome and he may have some comments still but I think
we arrived at a pretty good compromise on all of them. We both agreed to change some of the language that
were mutually acceptable and I think we worked well to get that resolved. I think that's why we also want to
tie it to a site plan so we know it's out there. We've documented that so it doesn't become something else.
We've had a history on this property and we're trying to look past that and try to...
Councilman Berquist: On this property?
Kate Aanenson: Yes.
Councilman Senn: Any nursery does.
25
City Council Meeting - July 8, 1996
Councilwoman Dockendorf: Yes, any nursery in Chanhassen has a history.
Mayor Chmiel: Okay. Before I go on, is Mr. Cook here?
Skip Cook: Yes.
Mayor Chmiel: Good. Is there any specific concerns that you might have with your recommendations?
Skip Cook: I went over, first my name is Skip Cook. I mentioned to Steve before I came up here...restroom,
I'm a little unorganized mind here. I'm from Eden Prairie. Some of the concerns that I had, I talked with John
Rask, Kate's assistant...and I think we clarified most of those. On number 1, here before is from the site plan. I
just wanted to make sure, and John assured me that... I couldn't quite hear, tell me again about the trees down
there. Is that acceptable to the plans that I gave for the trees along TH 10 I ?
Kate Aanenson: Yes.
Skip Cook: Just so I understand...garden center associated. Everything else I guess I was happy to get. One
question I had, and I raised again with Mr. Rask is about your owning a property and then limiting you all these
things. I mean I understand you've got to control some of it...That should be allowed, if I understand that
correctly. Not that I'm using it for that. It's to say all of a sudden I wanted to put something there. Pay the tax
on it. Pay the storm water. The utilities and stuff. I'm allowed to do that, is that correct?
Mayor Chmiel: Kate?
Kate Aanenson: Sure. We did discuss this. Again, outdoor storage in the city is prohibited unless it's
completely enclosed, and we didn't want this to become a place where people would lease spaces for equipment
for the winter. Again having it become something that we didn't intend to do. What he would like to do, he
has some personal property down there and we say it's really not related to that. We prefer that it not be able
to. That was.
Skip Cook: I think...2 years ago...If you've watched that, I've tried to clean it up... The new tenant is very, in
my opinion, very...very well organized.
Kate Aanenson: I guess our point was, there are two storage buildings on this site.
Mayor Chmiel: Yeah, right to the back side. Those were for your oil recovery or something at one time.
Okay.
Skip Cook: Any other questions?
Mayor Chmiel: Steve, do you have any questions?
Councilman Berquist: No. If you're happy, I'm happy.
Mayor.Chmiel:' Colleen:
Councilwoman Dockendorf: Just a question for Kate. The land use plan is unguided. I was surprised at that.
26
.\!
City Council Meeting - July 8, 1996
Kate Aanenson: We had a few white spaces on the map. Yes. As part of the Bluff Creek, we had made a
recommendation on this. Not to digress too far but it's part of that watershed plan so we do have some land use
recommendations that you'll be reviewing as that plan comes before you.
Councilwoman Dockendorf: Okay.
Mayor Chmiel: Alright. Is there a motion?
Councilman Berquist: I'll move approval of the interim use permit request for a retail nursery at 850 Flying
Cloud Drive, subject to the conditions contained within the staff report.
Mayor Chmiel: Okay, and with the correction within the staff recommendation of what was.
Kate Aanenson: The site plan dated July 8th.
Mayor Chmiel: Okay.
Councilwoman Dockendorf: Second.
Councilman BellJuist moved, Councilwoman Dockendorf seconded to approve the interim use pennit for a
wholesale and retail nu~el)', and a variance from the 300 foot setback requirement from a residence based on
the findings presented in the staff report and site plan dated July 8, 1996 (prepared by Dick Henning Enterprise),
and subject to the following conditions:
I. Area 4 as shown on the site plan shall not be used for the storage of equipment, materials or vehicles
associated with the garden center. Storage or display of nursery stock is permitted in Area 4.
2. A fifty foot setback shall be maintained from all property lines for the storage of materials, growing
ranges, and parking, except that the existing parking area and display area adjacent to Highway 212 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 212.
3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday, and 9:00 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.
4. Exterior light sources shall be shielded.
5. No outside speaker system shall be allowed.
6. The use shall terminate one year following the availability of public sewer and water service. An annual
review will be conducted to determine compliance withthe attached conditions.
7. Signage shall comply with city ordinances.
27
City Council Meeting - July 8, 1996
8. Stop signs shaH be erected at the intersections of the driveways and Highways 101 and 212.
9. No contractors equipment shaH be stored on the site with the exception of employee vehicles and
equipment necessary for the operation of the nursery. No other contractors equipment shaH be stored on
the property.
10. Permanent landscaping shaH be provided along Highway 101. The applicant shaH submit a landscaping
plan for staff review prior to consideration by the City Council.
11. No outside storage of equipment and materials unrelated to the nursery business shaH be permitted.
12. The two white (32 x 40 foot) structures shaH not be used for retail purposes. Storage of equipment and
materials is permitted in these buildings.
13. No grading of the property shaH be permitted unless a grading permit is obtained from the City.
14. The applicant shaH work with MnDot in examining the possibility of relocating the access point on TH
212 further to the west and providing a deceleration lane along westbound TH 212 in conjunction with
the Highway 212 improvements.
All voted in favor and the motion camed.
APPROVE PLANS & SPECIFICATIONS FOR ARBORETUM BOULEVARD EXTENSION TO LAKE ANN
PARK: AUTHORIZE ADVERTISING FOR BIDS. PROJECT NO. 95-21.
Charles Folch: Thank you Mr. Mayor, members of the Council. Tonight we have the project engineer, Mr.
James Knutson with Barton-Aschman here to give you an overview presentation of the primary project elements
and a list of those associated costs and the Council talk about a schedule to date. So with that I'll turn it over to
Mr. Knutson.
James Knutson: Thanks Charles. Mr. Chairman, members of the Council. Thank you for the opportunity to
present information on the project on Arboretum Boulevard from Powers Boulevard, County Road 117 to the
Lake Ann Park entrance. It's about 2,800 feet long. I have an aerial photo that's been taken of that area.
Powers Boulevard, one of the project I guess terminates at this end because we...west to east. The Lake Ann
Park entrance over here. Runs along the north side of Trunk Highway 5, across the ravine area and around the
pond that has been constructed as a part of the 78th Street project. This is the photo here of the Lake Ann Park
entrance. As part of the park improvement project that's been proposed, to do something with the entrance at
the little park building here that helps control and the entrance and exit from the park. This wiII be improved
into kind of a divided roadway to provide some left turn protection for the vehicles coming out of there, and
this has been one of the focuses of the improved Arboretum Boulevard along here. It promotes safety problems
here along Trunk Highway 5. The project itself, this is Arboretum Boulevard itself wiII be a 36 foot wide
street, curb to curb. You'll have about a 16 foot boulevard in here and a trail. This is on the north side of the
road. 10 foot trail, and the trail itself will be,'~he profile along the trail wiII be coordinated with the adjacent
property there so.that the trail wiII be going up and down in order .to provide more of a natural. pitch with the
:existing: traiL This' is.a :typicllI section of the Lake Ann Park .entrance. . We'll be. providing a median between
the media inbound and the outbound roadways. That median wiII be widened up to give a place for this
building. Either the current building or a new building that the park department wiII build in there. This all
28
CITY OF CHANHASSEN
AFFIDA VIT 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
April 6, 2006, 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
Green Gardens IUP Amendment - Planning Case 06-15 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 lo+h day of Ptr("\ \ , 2006.
~vw\
)
~.~-
Notary IC
\ '
"'I. KIM T. MEUWISSEN ,
. . Notary Public-Minnesota
............A~ My Commission Expires Jan 31. 2010
.....
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Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
oHices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952.227.1107.
The preceding disclaimer is provided pursuant to Minnesofa Sfatutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, orthird parties which arise out of the use~s access or use of
data provided.
L--....---....-
. \
.'.................
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
oHices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic feafures. If errors or discrepancies are found please contact 952.227.1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims. and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User. its employees or agents. or third parties which arise out of the use~s access or use of
data provided.
ALAN D & ANDREA S CARTY
675 LAKOTA LN
CHASKA . MN 55318 -9455
WAYNE A & INGRID A DICASTRI
1025 HESSE FARM RD
CHASKA, MN 55318 -9527
RILEY PURGATORY BLF CRK WS
C/O PAUL HAIK
701 4TH AVE S
SUITE 500
MINNEAPOLIS. MN 55415 -1810
BRUCE B & SUSAN V RECH
1000 HESSE FARM RD
CHASKA . MN 55318 -9520
L RICHARD & KAREN C DEE
1201 HESSE FARM CIR
CHASKA, MN 55318 -9518
JOHN D & BARBARA J FORCE
1001 HESSE FARM RD
CHASKA , MN 55318 -9527
DEBRA L WENDORF
740 VOGELSBURG TRL
CHASKA. MN 55318 -9461
ALLEN R ROTHE
750 VOGELSBERG TRL
CHASKA . MN 55318 -9461
HAROLD F HESSE
1425 BLUFF CREEK DR
CHASKA, MN 55318 -9515
BRIAN J & WENDY S JOHNSON
1190 BLUFF CREEK DR
CHASKA, MN 55318 -9515
LOUISE E ZAMJAHN ETAL
C/O DAVID ZAMJAHN
7506 77TH ST
CHASKA , MN 55318 -9600
RAIN SNOW OR SHINE GOLF LLC
8276 SCANDIA RD
WACONIA. MN 55387 -9629
STATE OF MINNESOTA-DNR
TAX SPEC. - BUREAU OF R E MGMT
500 LAFAYETTE RD
ST PAUL, MN 55155 -4030
SKIP S COOK
15506 VILLAGE WOODS DR
EDEN PRAIRIE, MN 55347 -1439
PCH DEVELOPMENT LLC
10500 GREAT PLAINS BLVD
CHASKA. MN 55318 -9470
EMERALD VENTURES LLC
PO BOX 260
CHASKA, MN 55318 -0260
HENNEPIN CO REG RR AUTHORITY
HENNEPIN CO GOVT CENTER
300 6TH ST S
SW STREET LEVEL
MINNEAPOLIS, MN 55487 -0999
Public Hearing Notification Area (500 feet)
Green Gardens
Interim Use Permit Amendment
850 Flying Cloud Drive
Planning Case No. 06-15
City of Chanhassen
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