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Approval Letter 5-26-06 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 & 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 'INfW.ci ,chanhassen, mn .us May 26, 2006 Green Gardens Attn: Keith Werner 850 Flying Cloud Drive Chaska, MN 55318 Re: Interim Use Permit #96-2 Amendment - Planning Case #06-11 Dear Mr. Werner: This letter is to formally notify you that on May 8, 2006, the Chanhassen City Council approved the following motion: ''The City Council approves 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. 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. The City ot 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, Green Gardens !UP Amendment May 26, 2006 Page 2 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 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. 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. 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. Green Gardens IUP Amendment May 26, 2006 Page 3 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 of the nursery. 28. No outside storage of equipment and materials unrelated to the nursery business shall be permi tted. 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. 32. All loading or unloading should be done on site and not blocking either Highway 212 or 101. If you have any questions, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, ~ /4Ud--- JoslyMetzer ,q-I) PI<thner I c: Skip Cook, Property Owner g:\plan\2006 planning cases\06-15 green gardens iup arnendrnent\letter of approval.doc