PC Minutes 4-18-06
Planning Commission Meeting - April 18, 2006
used for the restoration."
59. The developer shall work with staff to develop architectural variety or texture for the garage
doors, whether windows or other type of architectural variety.
60. Developer will reconsider their tree preservation plan in an attempt to save significant trees
currently slated for removal.
All voted in favor and the motion carried unanimously with a vote of 5 to o.
PUBLIC HEARING:
GREEN GARDENS: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT
#96-2 FOR EXPANSION OF THE WHOLESALE/RET AIL NURSERY USE. THE SITE
IS LOCATED IN THE AGRICULTURAL ESTATE (A-2) DISTRICT AT 850 FLYING
CLOUD DRIVE. PLANNING CASE 06-15.
Public Present:
Name
Address
Keith Werner
Corey Truebenbach
Skip Cook .
850 Flying Cloud Drive
404 Synchove Street, Jordan
850 Flying Cloud Drive
Josh Metzer presented the staff report on this item.
McDonald: Who would like to start?
Keefe: I'll go first. Just a quick question Josh in regards to, you know it says in the fall of '04
and '05, staff conducted an inspection and found this non-compliance. How do we get from
there to here? Did anything happen between the time that those?
Metzer: It was basically trying to figure out which route they wanted to go. Whether or not they
wanted to go through the process of amending the IUP or whether or not they had the ability to
make these changes that they were proposing, or whether or not they had the ability to change it
back to comply with the original IUP. What happened was, between the time that the original
IUP was adopted in 1996, it had changed operators, tenants and in that the idea and the
conditions of approval, what was considered complying and not complying kind of got lost.
Aanenson: Different proprietors probably of what was permitted.
Metzer: Right, and so over time it was just kind of a back track if you will to what is complying
and what's not.
Keefe: Is it your sense then that the applicant will be able to make the improvements that are.
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Planning Commission Meeting - April 18, 2006
Metzer: Yes, and actually I visited the site this afternoon before the meeting and, even since the
last time I've been down there about 2 weeks ago it's a considerable improvement so.
Keefe: Great.
McDonald: Comments? Dillon?
Dillon: Not at this time.
McDonald: No comments? The only comment I have, you answered one of the questions I had
on this but what is the remedy for the City if they fail to comply with any of this? I mean right
now because it's in an interim use you can hold part ofthat over them, but you know what's our
hammer in the future.
Metzer: Basically if, it's either amended tonight or ifthe amendment is denied, they have to
comply. If they don't do so, we'll begin the process of revoking the interim use permit.
McDonald: Okay. I have no further questions. Do we have an applicant to come forward and
present to us?
Skip Cook: My name is Skip Cook. I'm the owner ofthe property. The applicant on the
application would be Keith Werner. He's the new tenant the past 2 years. I think Kate and Josh
would agree that there's been a great amount of work, which Josh spoke of earlier. A great
amount of work done to improve the property and try to, he's been trying to work with the city to
get things back in order as such to the '96 interim use permit. We'd just like to keep moving
forward working with the city and he's tried to have a good relationship with Josh and actually is
excited about it to move forward. I think you'll see listed in there somewhere, or buried in there
maybe, we'd like to work on some signage. He's been in there for about 2 years now. He'd like
to see a possibility of expanding. Maybe expanding isn't the right word, but redoing the existing
garden center building. Making it more appealing from the curb. Maybe adding a little storage.
I think Josh left an opening in there for that at some point. Maybe a new building. Just to clean
it up from the curb. Make it appealing. We talked to Josh at great length about signage. Maybe
doing a monument sign out front. Something that would be appealing to the city and passers by.
McDonald: Any questions for the applicant? Okay, I want to make one comment. I was also
down by the site because I was concerned about some of those pictures and things in your letter
and you've made vast improvements so, thank you very much. Okay. This is a public meeting
so I will open the podium to anyone that wishes to come up and address the commission on this
particular applicant. Okay, seeing no one get up or making any notion that they want to, we'll
close the public meeting and bring it back up to the commissioners for comment and review.
No? No? Okay.
Papke: I've had the pleasure of driving by this facility for 25 years and it's definitely had it's
up's and down's. Particularly what's now marked as the overflow storage area #4 has been king
of problematic in the last couple years. So I think this is a step forward. I mean what's past is
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Planning Commission Meeting - April 18, 2006
past, but hopefully this will get us going in the right direction and allow us to all color inside the
lines from here on out so I support this one.
McDonald: Okay. Yeah, I'm impressed by the fact that you did take heed of what city staff,
what Josh had written and you have addressed those issues. I understand as a business there are
certain things you want to do, and I wish you luck with that. And as you come back and wish to
do any of the expansions or anything, we will gladly listen to it and hopefully we can
accommodate each other so I too would support all of this. At which point I'm open for a
motion.
Keefe: I'll make a motion the Planning Commission recommends approval ofthe 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 conditions 1 through
31 with number 21 being amended to 8:00 a.m. for Saturday and Sunday.
McDonald: Do I have a second?
Undestad: Second.
Keefe moved, Undestad seconded that the Planning Commission recommends approval of
the 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 comer 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.
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Planning Commission Meeting - April 18, 2006
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.
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 ofthe 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 ofthe 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 8:00 a.m.
to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin
and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m.
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Planning Commission Meeting - April 18, 2006
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.
27. No equipment or vehicles shall be stored on the site with the exception of employee vehicles
and equipment necessary for the operation ofthe 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 ofthe 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 ofthe 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.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
Aanenson: Before they leave I just wanted to thank Mr. Cook publicly on the record because
this property right here which you recently acquired has been, yeah this property right here
which has really been cleaned up and I really, there's not a lot of people that take it on their own
and it was an eye sore and I appreciate you acquiring it and cleaning it up. That's been an eye
sore in the city for a number of years so want to thank you for doing that.
McDonald: And I will also say, thank you again.
APPROVAL OF MINUTES: Commissioner Papke noted the verbatim and summary
minutes of the Planning Commission meeting dated April 4, 2006 as presented.
McDonald: Okay at that point, do we have any presentations?
Aanenson: We do before going into a work session I just wanted to add one thing on your
upcoming items. I just lost mine, for next Planning Commission meeting. Thank you. On the
next meeting I did add for the work session Lakeview Hills is, they just want to meet with you
and explain to you their plans. Very conceptual. But they want to meet.
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