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CC Minutes 5-8-06 City Council Meeting - May 8, 2006 (2) Emergency slow-no wake areas may be established by resolution of the city council and shall be marked in accordance with the appropriate regulations of the state department of natural resources and posted at all public accesses. (3) Special Slow-No Wake Restrictions (a) Lotus Lake: All persons shall operate watercraft at a slow-no wake speed on Lotus Lake whenever the water elevation exceeds the 100-year predicted level for Lotus Lake of 896.8 MSL as set forth in the 1994 Surface Water Management Plan. The slow-no wake surface zoning shall remain in place until the water drops below the 100-year predicted level of 896.8 MSL for 3 consecutive days. Upon the placement of a slow-no wake restriction, notice will be given: 1. On a sign posted at the public access. 2. On the City of Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. 5. In an e-mail format to known representatives on Lotus Lake. 6. To the Carver County Sheriffs Department. 7. To the public by other appropriate means determined by Council. " All voted in favor and the motion carried unanimously with a vote of 4 to O. GREEN GARDENS. 850 FLYING CLOUD DRIVE. APPLICANT KEITH WERNER: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT 96-2 FOR EXPANSION OF THE WHOESALE/RETAIL NURSERY USE. Public Present: Name Address Skip Cook Keith Werner Eden Prairie 850 Flying Cloud Drive Kate Aanenson: Thank you Mayor, council. This item before you tonight is to address changes to an interim use permit that was granted in 1996. The nursery itself has changed hands a couple times. In the fall of2004 and spring of2005 staff found that they're in non-compliance with the interim use permit and therefore have worked to try to get it back into compliance. And the applicant has requested some changes to that interim use permit. The Planning Commission did hold a public hearing on April 18th to review the proposal and did recommend approval 5-0 for the amendment. And the staff is recommending approval of the changes to the interim use that's found on page 9 and 11. I'd like to go through the project and the... interim use. On your staff report on page 2 it talks about the applicable regulations. The interim use follows the conditional use standards and there is standards for wholesale nursery and the intent... The intent of that is pre-existing retail nurseries. Again the history of this, this goes back a number of years. This goes back to 1972 when it was kind of a farmers market and has changed kind of the use and the 15 City Council Meeting - May 8, 2006 characteristic of that site. But the intent of the interim use is to establish the fact that they are non-conforming and provide reasonable use of the property. While we recognize that over time that it will go away, so the difference between a conditional use and interim use is that there's a definite end, and we believe that at the time that sewer and water's down there, that this use will go away because as proposed, the nursery itself doesn't meet architectural or screening, outdoor storage and the like. So therefore the interim does allow for the use of the property. On this colorful site plan before you, we've identified in the staff report, and I'm not going to go through a lot of that. Just briefly the changes. In the interim use analysis on page 3, we identified the four areas as shown on the map. . . and those area really a future storage shed, supplementary office. In the area 2, more display garden and storage bins. Again people come and get rocks and stones and that sort of thing. Mulch. Future greenhouse. Future parking and that's where most the changes have occurred. Again a concern too was with the grading and the change in that area, and then area 3 which is the most northerly portion would be again some hard goods storage, it'd be rock storage bins. ... today that there is some backing of trucks backing in this way, which we don't want to have happen. Any loading should be on site and we want to put that as a condition of approval that they use appropriate circulation, that they're not backing up. Councilman Labatt: Did you say we need to add that? Kate Aanenson: Yeah, we should. That they need to come in so they're not blocking 101. That they shouldn't be doing any loading or storage in that area, and just the flat safety of the traffic flow for that area. Mayor Furlong: Do you have language that you want to add or will when we get to that? Kate Aanenson: Yes. On section 20, I'm on page 7. Section 20-383. We did go through the interim use standards in there. Again providing the drop dead date. Again a date that we put on there is at the time that we're down there for sewer and water would be the termination of this site itself. Councilman Labatt: What number is it? Kate Aanenson: Page 7. Yeah the conditions that start there. Requirements that they need, so the actual date under the findings would be the termination of the date... sewer and water so even though we're down, if we've identified the staging area, just because that comes in doesn't necessarily mean that sewer would be available then so at the time that we come down with sewer and water. And then the findings that we've committed are also discussed because there are some non-conforming signs originally on this site. So with that we're, on page 9 we do recommend the conditions of approval, that the City Council, it says Planning Commission. . . City Council. Then I would add condition number 32 that would say, all loading or unloading should be done on site and not blocking either Highway 212 or 101. Mayor Furlong: I guess to that point, because this was a, one of the things that I observed when I was driving on 212 the other day was a semi trailer driving down 101 south. When the light turned green on 212 so the people on 101 south could go, he pulled in forward into the motel and then jockeyed a few times backing up onto the, into the property without, I don't know that he 16 City Council Meeting - May 8, 2006 was necessarily loading or unloading to do that. He was just maneuvering his vehicle off the state road so that it would be easier for him once he got onto the property and so I guess, they need to have access onto the property, but I think all vehicle maneuvering should be done on the property as well because it occurred while the light was green and everybody coming south on 101 had to wait through at least 1 extra signal change. Fortunately it was in mid-morning but if that had happened at 4:30 at night, it would have caused a lot of problems so, is this going to cover it or is there language we could, all the loading or unloading actually needs to be done on site but I think you know that there's, how do we deal with that jockeying on the state highway and obstructing traffic while they maneuver, position their vehicle? They need to have access. Can they just go straight in? Kate Aanenson: Right, that's what I'm saying, right. Exactly. Mayor Furlong: We need them to go straight into the site and whether it's off 101 or 212. Kate Aanenson: And all the turn movements. Mayor Furlong: And then maneuver on the property. Kate Aanenson: Yeah, all turn movements to either load or unload should be on site. Is that adequate? All turn movements for loading or unloading storage should be accommodated on site and not on the state highways. Roger Knutson: I think that's as best you can do. Mayor Furlong: ... from an observation standpoint. And you know it's a state road so I mean they need to be able to come on and off, and they're going to have deliveries and that's their business and that's fine. Kate Aanenson: But I think to your point, if it' s operation or setting up that they can't do that way, then they need to make some changes on site, and that would be kind of the tie back, that nexus that if it's, the way it's orientated right now requires that they back in, then they need to change something on site. So that doesn't occur, and that would be our tie back. Mayor Furlong: To avoid the obstructions? Kate Aanenson: Correct. Mayor Furlong: Yep. Okay. So what was your recommendation then on that addition? All turning movements. Kate Aanenson: All vehicles turning... or turning movements be completed on site. And then I don't know if it' s clear just to say to, if internal changes need to be made. 17 City Council Meeting - May 8, 2006 Councilman Labatt: Excuse me Kate. Would it be easier. . . to say you know truck routes. I mean they tell the truckers that are coming into the business where to unload or load. This is the road you have to take to avoid it. Can we just. Kate Aanenson: I would think some of it' s probably communication issue and also. . . Councilman Labatt: ... designate a certain entrance. Where you go off of 212 as a truck route because I mean could you. Kate Aanenson: I don't know if that's the problem. I think it's more just trying to get better access to, when there's a lot of stuff stored out there. Mayor Furlong: Do you think it's only that they need their truckers to come in off212 instead of 101, they should put up a sign that says don't come in off 101. Come in off212. I think what we need to do, we can't restrict their access of the road, unless they can tell us that it has, that it can't comply. Councilman Labatt: Well I don't know. . . public safety issue. Let's just say if there's a truck maneuvering back and forth. . . Mayor Furlong: Absolutely. It was an obstruction. Councilman Labatt: Very slick road and all of a sudden a truck's coming down 101 and wham. Mayor Furlong: And my point. Kate Aanenson: ... property is that, he saw that truck and he didn't believe that was part of their business operations. Skip Cook: When I saw, I witnessed the exact same thing and the truck did not, I was totally shocked. . . blocking the lanes. It was ridiculous but he ended up going back north on 101. Jockeying around right on the state property right across from the entrance on 101... Mayor Furlong: So it may be a non-issue. He said he wasn't delivering anything? Skip Cook: ... but that was an issue with the truck not knowing where he was going. He was not coming to the nursery but, so yeah. If the DOT was there like normal, he would have been... Kate Aanenson: But I think to your point that it probably still was good that we just observed that the site is set up in such a manner that it doesn't force instances to occur. It appeared like it probably is, but we can check on that too. Mayor Furlong: Okay, good. Todd Gerhardt: You should also know that that is a traffic violation from the state level or city level or county level so. 18 City Council Meeting - May 8, 2006 Mayor Furlong: Yeah, that would be a misdemeanor. . . Councilman Labatt: Well, is he creating a wake? Mayor Furlong: He was not creating a wake. He wasn't go fast enough to do that. Okay, any other questions for staff at this point? The applicant is here. Any comments you'd like to address to the council? You don't have to but certainly want to give you the opportunity. Okay. Any questions for the applicant? Seeing none, with that I'll open up discussion at the council level. It seems fairly straight forward with the added condition 32. Sounds like, it certainly meets their needs as well so any other discussion? If not is there a motion to approve? Councilman Labatt: Move approval on the staff recommendation subject to conditions 1 through 32. 32 as the amendment. Mayor Furlong: Recommended by staff this evening? Councilman Labatt: Yep. Mayor Furlong: With regards to turning movements on the site. Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion? Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve 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. 19 City Council Meeting - May 8, 2006 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. 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 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. 20 City Council Meeting - May 8, 2006 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.rn. 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. 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. 32. All loading or unloading should be done on site and not blocking either Highway 212 or 101. All voted in favor and the motion carried unanimously with a vote of 4 to o. THE PRESERVE. 1630 LYMAN BOULEVARD. APPLICANT THE PEMTOM LAND COMPANY: REQUEST FOR REZONING FROM A2 TO PUD-R: SUBDIVISION OF APPROXIMATELY 80 ACRES INTO 156 SINGLE FAMILY CLUSTER LOTS: SITE PLAN REVIEW: CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT AND ALTERATIONS WITHIN THE FLOOD PLAIN: WETLAND ALTERATION PERMIT FOR CROSSING BLUFF CREEK: AND VARIANCES. 21