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Interim Use Permit 96-2 Amended - Recorded Thom::s J. C::mpbcll Itogcr N. I,mltson Thom:ls M. Scott Elliott B. I~nctsch Joel J. J::mniL Andrc:l r,lcDo\'.'cll Pochlcr ('l:1tthc\'; I,. Brokl' John F. I,clly Sorcn ~,1. M::tticL !Ie'lHY A. Schaeffcr, III A I i 11:1 S c!l\Y:l rt z Cr::ig It. i\lcDo\'.'cll M::rgllcritc M. J\icC:lrron .. Aha I.iCCIHCd in \,~-ri"con'lin 1330 CorpOr:lIe CenIer Cur\'e Suite 317. b:;:ll1,!\iN 55121 651-452-5000 1':1x (,51-452-5550 WW\'/.ck-bw.eorn CAMPBELL KNUTSON n.,... f C" r . -1 J'" {" e _ .,.., 4- . 1. .1 O.l..CJJI0n," l..JJOCl"dOn *** Direct Dial: (651) 234-6222 E-mail Address:snelson@Ck-law.com September 15, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEIVED SEP 1 8 2006 CITY OF CHANHASSEN RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ Interim Use Permit #96-2/Restated and Amended Interim Use Permit (Green Gardens - Planning Case No. 06-11) Dear Kim: Enclosed for the City's files please original recorded Interim Use Permit (96-2 which was filed with Carver County on July 27,2006 as Abstract Document No. A446399. Regards, CAMPBELL KNUTSON Professional Association B~~~ san R. Nelson, Legal Assistant SRN:ms Enclosure .. DOCDntiENT'TIT.LE.: .DO~~:ii.:j"'''T DATE: NAlvIES: (k"'!::"Td fa DOCUlVI~<NJ rn",roD U,~ rt-r;: ,~ Document No. A 446399 OFFICE OF THE COUNlY RECORDER CARVER COUNlY, MINNESOTA Fee: $ 46.00 Check#: 16057 Certified Recorded on 07-27-2006 at 01 :00 0 A~M 446399 11111111111I c7~ ~ O~ cr~ C?f /i .' , . C.A..."R.VE. CC1.;1-lT!R.E-cO.RDERIRE~":'':''''..A_q, OF 11.' ,":;OS . -}f(fMn~ /f;;ud(h'n A . . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GREEN GARDENS - PLANNING CASE NO. 06-11 INTERIM USE PERMIT #96-2 RESTA TED AND AMENDED INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Expansion of the wholesale/retail nursery use on property located in the Agricultural Estate (A-2) District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached "Exhibit A". 3. Conditions. The Interim Use Permit 96-21UP - Planning Case 06-11 is issued for 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: a. The applicant shall submit vehicular use area measurements. b. The applicant shall install landscape islands or peninsulas based on the overall area of the vehicular use area. c. The applicant shall install overstory trees in the parking area in quantities as required by City Code. d. Bufferyard plantings will be required along Highway 212 to screen the parking lot. e. Bufferyard plantings may be required in front of the stone sales area and mulch bins depending on the visibility of these areas from Highway 212. f. Landscaping, storage and disposal activities shall be prohibited within 50 feet of the drainage way which runs along the northwest comer of the property. g. The accumulation of nursery waste shall not be permitted on site. h. 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. 1. If active grading, earthwork or landscaping activity exceeds 1 acre of the site leaving exposed soils, the applicant will need to obtain an NPDES permit as determined by the Pollution Control Agency. J. If a NPDES permit is not needed, the applicant shall be responsible for controlling erosion and sediment from their property. Upon inspection, if erosion becomes a problem on site, the City may require the applicant to make corrections and stabilize soil. k. All drive lanes shall be surfaced with a Class V gravel base or similar material to minimize erosion potential. 1. Applicant must fill out the aboveground storage tank installation permit application. m. An aboveground storage tank installation permit must be issued by the Chanhassen Fire Marshal before any type of work on tanks and dispensing equipment is started. n. Acceptance test on the aboveground storage tank must be conducted by the installer and witnessed by the Chanhassen Fire Marshal. o. Building permits must be obtained for proposed structures and all must comply with the Minnesota State Building Code. p. Construction of the third storage shed shall be of compatible design, materials and color to those of the existing storage sheds. q. 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. r. Use of the temporary office trailer shall cease within 30 days following the issuance of certificate of occupancy for the third storage shed. s. 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. 1. 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. u. 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. v. Exterior light sources shall be shielded. w. No outside speaker system shall be allowed. X. 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. y. The applicant shall work with staff to develop signage that will comply with city ordinances. . . z. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212. aa. 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. bb. No outside storage of equipment and materials unrelated to the nursery business shall be permitted. cc. 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. dd. No grading of the property shall be permitted unless a grading permit is obtained from the City. ee. 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. ff. All loading or unloading should be done on site and not blocking either Highway 212 or 101. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: May 8, 2006 CITY OF CHANHASSEN AND: (SEAL) . STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this gtA day Of~. 2006. by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ct)~~1r I '1:. 1 , .1 KAREN J. ENGELHARDT I ~~. .../l Notary Public-Minnesota < ';';0" My Commission Expires Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 g:\plan\2006 planning cases\06-15 green gardens iup amendment\amended iup.doc , 1 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 Railway 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.