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74-02 - Nursery CUPPUS VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 August 7, 1974 Bailey and Associates Landscape Architect & Land Planners Jonathan Village Center Chaska, MN, 55318 RE: My letter of July 5, 1974` Dear Mr. Bailey: There seems to be some question of costs incurred by your firm in regards to your Conditional Use Permit. Consequently, the following is a complete break -down of the costs you incurred in regards to your Conditional Use Permit: 4-2-74 Mr. Russell Larson, City Attorney, conference with Bailey and Assoc. and the City zoning Administrator. 40.00 �4-8-74 Mr. Russell Larson, City Attorney, Furnish Planning Commission with legal opinion'as to zoning question. 70.00 4-10-74 Mr. Russell Larson, City Attorney, attend Planning Commission meeting. 35.00 4-18-74 Herald Publishing, for publishing the public .hearing notice. 7.60 5-7-74 Mr. Russell Larson, City Attorney, Review file, plans, and consultant reports, draft provisions for the Conditional Use Permit. 87.50 5-8-74 Mr. Russell. Larson, City Attorney, Attend Public Hearing. 52.50 F Page 2 6-74 6-24-74 Design Planning - Meet with City Staff k hour 15.00 Report on Bailey & Associates 1 hour 30.00 Meeting with City Staff and Consultants 37.50 Attend.Public Hearing 45.00 City of Chanhassen Total Administrative Costs 190.5.8 Mr. Russell Larson, City Attorney, Preparation of final Conditional Use Permit and Conference with applicant to secure correct legal description of property. 140.00 Schoell and Madson, Prepare written report to the City of Chanhassen 25.00 rt Total Charges 775.68 . Less Escrow 300.00 Total due the City $ 475.68 If you have any further questions, please feel free to contact me.. RiTSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING M,INNEAPOLIS, MINNESOTA 55402 RUSSELL H.LARSON CRAIG M. MERTZ June 25, 1974 Mr. Lloyd G. Schnelle City Administrator Box 147 Chanhassen, Minnesota 55317 Re: Arteka - Bailey Conditional Use Permit Dear Lloyd, TELEPHONE 335-9565 Enclosed please find the original and one copy of the Arteka - Bailey Conditional Use Permit which I believe incorporates all of the staff and consultant recom- mendations, as well as those of the Council and Planning Commission. Please note that several blanks referring to exhibits need to be filled in. For example, attachment C-1 in materials delivered to the Council depicts a two level 30' x 30' maintenance and storage building, whereas attachment C-2 depicts a 30' x 60' one story maintenance and storage building. The attachment which received final approval should be marked as an Exhibit, dated and the reference indicated in the permit. The same is true of the landscape and site plans. I am sending a copy of the permit to the applicants with the feeling that they will find it acceptable. They have yet to indicate to me who is to be the fee owner of the property. The permit requires the consent of the owner. Very, trizly yo rs 3 w Russell H. Larson Chanhassen City Attorney RHL:m Enclosures cc: Arteka Incorporated MAYOR f COUNCILMEN COUNCILMEN COUNCILMEN _ COUNCILMEN CLK-ADM. TREAS. _ ASST. ZONING & BLDG. INSP. PUB. WK. DIR. UTILITY SUPT. CHANHASSEN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 July 5, 1974 Bailey & Associates Landscape, Architect & Land Planners Jonathan Village Center Chaska, MN 55318 Re: Your letter of July 3, 1974 Dear Mr. Bailey: In reference to your letter, the City costs shown on our invoice #834 are as follows: City Administrator Assistant Zoning Administrator City Secretary Clerical Assistant Administrative Costs: 1. Copies (Xerox) 2. Folders and Acces. 3. Mileage 4. Postage 5. Public Hearing Publication $7.64/hour 92 hours 72.58 $6.67/hour 42 hours 30.02 $4.34/hour 2 hours 8r68 $2.00/hour 8 hours 16.00 127.28 36.30 1.50 3.00 22.50 7.60 Grand Total 198.18 aIt n �"111 bailey 8 axrocieter Jerry L. Bailey, Principal Ronald G. Bailey, P.E., Administrator Gene F. Ernst, A.S.L.A., Senior Associate Paul H. Baerman, Associate Doug Her Eric P. Owen July 3, 1974 City of Chanhassen Box 147 Chanhassen, Mn. 55317 Gentlemen: I would like further explanation of the $198.18 city costs on your invoice #834. Thank you. Sincerely, BAILEY & ASSOCIATES , RONALD G. BAILE Administrator RGB/df MAYOR COUNCILMEN{'_ COUNCILMEN _ COUNCILMEN COUNCILMEN CLK-ADM. _ TREAS. ASST. ZONING & BLDG. INSP. PUB. WK. D'.R. UTILITY SUPT. y landscape architects 9 land planners I jonathan village center am Chaska, minnesota 55318 • phone 612/448-2161 Jerry L. Bailey, Principal Ronald G. Bailey, P.E.,Administrator Gene F. Ernst, A.S. L.A., Senior Associate Paul H. Baerman, Associate Doug I ler Eric P. Owen bailey 8 e«ocieter May 22, 1974 Mr. Lloyd Schnell City Manager Chanhassen, Mn. Dear Lloyd: After the city attorney drafts our Conditional Use Permit, I would appreciate you sending me a copy for review before it is finalized. Regards, /R^ONA�LD G. BAILEY RGB/df MAYOR COUNCILMEN COUNCILMEN COUNCILMEN COUNCiLMEN CI_K :ADM. �.._.. TREAS. ZONING i3LDG. INSP. UTiLi'Y SUPT. — landscape architects* land planners I jonathan village center • chaska, minnesota 55318 • phone 612/448-2161 .i� E; U-4 VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 May 22, 1974 Bailey and Associates Jonathan Village Center Chaska, MN 55318 • (612) 474-8885 Lloyd G. Schnelle 1 hour 3-14-74 Meeting Lloyd G. Schnelle 12 hours 3-19-74 Meeting Lloyd G. Schnelle 1 hour 3-22-74 — Field trip Lloyd G. Schnelle 1 hour 4-2-74 Meeting Lloyd G. Schnelle 1 hour 5-3-74 Meeting with Professional Staff Lloyd G. Schnelle 4 hours Administrative 92 hours Jerry Schlenk 1 hour 3-14-74 Jerry Schlenk 12 hours 3-19-74 Jerry Schlenk 1 hour 3-22-74 Jerry Schlenk 1 hour 4-2-74 42 hours Administration Costs: 1. Copies (:Xerox) 36.30 2. Folders and Acces. 1.50 3. Mileage (25 miles) 3.00 4. Postage 22.50 5. Public Hearing Pub- lication 7.?' Clerical Time: Karen Schneider 1 hour at 4.34 Holly Huseth 1 hour at 2.00 2 hours 8.68 8 hours 16.00 N 14 Recap: 5pe L1oyd.G. Schnelle 7.64/hour Jerry Schlenk " 5.67/hour Karen Schneider W4.34/hour Holly Huseth 4(2.00/hour Administrative (Miscellaneous) 9k hours = 4 z hours = 2 hours 8 hours TOTAL 72.58 30.02 8.68 16.00 7,4 . jd /9,P , Ifl CITY OF CHANHASSEN RESOLUTION NO. CONDITIONAL USE PERMIT ARTEKA INCORPORATED - JERRY L. BAILEY INCORPORATED - BAILEY & ASSOCIATES Whereas, application has been made by Arteka Incorporated and Jerry L. Bailey Incorporated, Minnesota corporations, and Jerry L. Bailey as proprietor of Jerry L. Bailey & Associates for a permit to conduct a land planning business and nursery growing range upon that tract of land within the City as described on Exhibits B-1 and B-2, attached hereto and made a part hereof, and Whereas, said premises are zoned R-lA, Agricultural Residence District; and the City Council has taken cognizance of the fact that the establishment of the proposed use requires the issuance of a conditional use permit, and Whereas, the applicants have represented to the City Council and Planning Commission that the proposed use will involve the erection of structures and facilities to accommodate professional offices for the land planning and nursery operations of the applicants , and Whereas, the City Planning Commission has recommended the grant of a conditional use permit to the applicants upon such conditions as the City Council may impose. Now, Therefore, in consideration of the foregoing, a conditional use permit is hereby granted to applicants herein, to conduct a land planning business and nursery growing range upon the premises described on Exhibits B-1 and B-2 attached hereto, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Premises & Use 1. The premises subject to the within conditional use permit are as described on Exhibits B-1 and B-2 , attached hereto and made a part hereof. This conditional use permit shall apply to the entire premises described on said Exhibits B-1 and B-2. 2. This permit is personal to the applicants, and their present shareholders in the case of corporations, and shall not be assigned without written consent of the City. 3. The use of the premises shall be limited to professional offices for the land planning business of applicants and as a nursery growing range and site for shop facilities for use by applicants in its nursery business. The development of the premises shall be in accordance with the site plan as depicted on public. hearing Exhibit "A", dated May 8, 1974 , on file in the City records. Term 1. The within conditional use permit shall be limited in duration to thirty (30) years from the date hereof or until City sanitary sewer and water facilities are available to the premises and ultimate use zoning is granted by the City, whichever is first to occur. Design 1. The exterior dimensions and design of structures on said premises shall be as depicted on public hearing Exhibits B & C dated May 8, 1974 on file in the City records. 2. The professional office building proposed to be erected for the land planning business of applicants shall be so designed and constructed as to be convertible to townhouse or similar residential use in the event the ultimate land use of the premises upon expiration of the conditional use permit shall be for residential use. 3. The shop building proposed to be erected on the premises shall be so designed and constructed as to be convertible to residential housing or a recreational building for use by residents of any residential project on said premises in the event the ultimate land use of the premises upon expiration of the conditional use permit is for residential purposes. 4. Building permits shall not be issued by the City until fully detailed and dimensioned site plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. 5 . Exterior storage, including but not limited to equipment, waste, and trash storage, shall be subject to the approval of the Zoning Administrator. 6. Business identification and other signs shall be only as permitted by the Zoning Administrator. Landscaping 1. Landscaping and landscape plantings shall be as depicted on public hearing Exhibit D dated May 8, 1974 on file in the City records. 2. Landscape buffer around site shall be installed within twenty-four (24) months after building occupancy and shall be well maintained at all times. Plants and trees lost from any cause shall be replaced. 3. All landscaping at or near access drives to public streets or highways shall be properly trimmed or otherwise located or maintained so as not to create hazards to view for pedestrian or vehicular traffic. - 2 - General Conditions 1. The issuance of building permits for the erection of structures on said premises shall be conditioned upon soil tests satisfactory to the City for septic system absorption. 2. The City reserves the right to limit the number of employees, the number and types of vehicles and equipment, and the hours of operation on the site. All structures and improvements on the premises shall be well maintained and kept in a good state of repair. 3. No retail sales shall be permitted on the premises. 4. No changes in use or development shall occur except as may be permitted by an amended conditional use permit or by a rezoning of the premises. 5. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit. 6. Operations conducted on -the premises shall not be such as to create a nuisance or be detrimental to the public health, safety or general welfare. 7. All uses shall be designed to permit convenient conversion to a residential or related use in the future. 8. The City shall reserve the right to require permanent preservation of open or natural green space at such time as more intensive development is proposed. 9. No part of the site shall be sold or otherwise transferred in ownership except under terms of an approved subdivisiori or waiver of this condition by the City Council. 10. More detailed and complete site and building plans may be required from time to time as further development proceeds in accordance with an approved stage development plan. 11. Conditions may be added to this permit at any time if deemed necessary and in the public interest by the City Council following notice of public hearing thereon. 12. The applicant shall comply with all pertinent City ordinances, State laws and regulations of State agencies and State departments. 13. All maps, reports, and other documents attached to this permit which are properly approved and filed shall be considered as a part of this permit and shall have the same force and effect as if fully set down herein and are hereby made part of this conditional use permit. 14. The City Council and Planning Commission have determined that in the grant of the within conditional use permit the standards of Section 23.06 of the Chanhassen Zoning Ordinance have been met. - 3 - Adopted this 20th day of May , 1974. CITY OF CHANHASSEN ACCEPTANCE The undersigned applicants and owners of the within described premises hereby accept the terms and conditions of the permit herein granted and agree to be bound by the terms thereof. JERRY L. 'BAILEY INCORPORATED By JERRY L. BAILEY & ASSOCIATES By _j ARTEKA INCORPORATED Owner Owner Jr - 4 - •1 14i CUSBASSSW VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: May 15, 1974 FROM: Zoning Administrator TO: Mayor and City Council Members SUBJ: Approval of Conditional Use Permit for the operation of a Planning Landscape Design Corporate Office and Nursery growing area, request for; Case of Bailey and Associates. REF: (a) Zoning Ordinance #47 Section 23 ENCL: (1). Statement of Intent from the Developer (2). Planning Commission minutes dated March 27, 1974 (3) City Attorney's report dated April 9, 1974 (4) Planning Commission minutes of April 10, 1974 (5) Public Hearing notice dated April 17, 1974 (61 Schoell and Madson's report dated May 4, 1974 (7) Carl Dale's report dated May 6, 1974 (8) Mr. Don Berg's report dated May 3, 1974 (9) Mr. Russell Larson's proposed Conditional Use Permit dated May 7, 1974 (10) Bailey and Associates letter dated May 8, 1974 (11) Planning Commission Public Hearing minutes dated May 8, 1974 (12) Planning Commission regular meeting minutes dated May 8, 1974 1. In accordance with the instructions contained in reference (a), the Planning Commission has recommended to the Council approval of the issuance of the above conditional use permit. 2. The following documented information is provided for your review in acting on the subject case: a. Enclosure (1) is a Statement of the Developer's Intent which sets forth Bailey and Associates short and long range goals for this parcel of land. b. Planning Commission minutes dated March 21, 1974. See enclosure (2) . Page 2 C. The City Attorney's legal opinion dated April 9, 1974, which was requested by the Planning Commission. See enclosure (3). d. Planning Commission minutes dated April 10, 1974, which set up the date for the Public Hearing. Further, at this meeting the Commission reviewed the legal opinion rendered by the City Attorney. See enclosure (4). e. Publication of public hearing notice. See Enclosure (5). f. Schoell and Madson's, City Engineer, report dated May 4, 1974. See enclosure (6) . g. Carl Dale's, City Planner, report dated May 6, 1974, which set forth recommended guidelines we should adopt if we grant this conditional Use Permit. See enclosure (7). h. Mr. Don Berg's. Soil Conservationist, report dated May 3, 1974. This report refers to the proposed interim and ultimate land use. See enclssure (8). i. Mr. Russell Larson's proposed Conditional Use Permit dated May 7, 1974 does not reflect the suggested recommendation submitted by the City Planner. See enclosure (9). j. Bailey and Associates letter dated May 8, 1974 provides the following information: See enclosure (10): (1). Signed petition from property owners within 350 feet of Bailey and Associate's property. (2). Conceptual site plan of the proposed building showing it's interim use as office and he as a townhouse. (3) Site plans showing total facility interim use. k. Planning Commission minutes for the public hearing conducted on May 8, 1974. See enclosure (11). 1. Planning Commission minutes of regular meeting of May 8, 1974. 3. Council will be guided by the procedures set forth in reference (a) in acting upon this request for a Conditional Use Permit. 4. 1 recommend to the Council approval of the proposed conditional use permit that is being requested by Bailey and Associates. Their request is rather unique in that to my knowledge this is the first time we have had a request of this nature for a conditional use permit. I: think the subject named party is making excellent use of the land through proper planning. However, I do recommend that if the above request is granted that the recommended comments contained in Enclosures (7), (8) and (10) be incorporated in the Conditional Use Permit. Page 3 9. Council will be guided by the instructions contained in reference (a) in acting upon the subject request. Sinc ly Jdurs', l o fine le Z n' q Administrator LGS:k cc: Russell Larson, City Attorney Bill Schoell, City Engineer Don Berg, Soil Conservationist Carl Dale, City Planner Bailey and Associates bailey � aaocieEQr The Chanhassen Village Planning Commission Chanhassen, Minnesota Jerry L. Bailey, Principal Ronald G. Bailey, P.E., Administrator Gene F. Ernst, A_S.L.A., Senior Associate Paul H. Baerman, Associate Doug Iler. Eric P. Owen May 8, 1974 Ref: J. L. Bailey Conditional Use Permit, Hanson Farm Property Gentlemen: Following is the additional information -Which you and Mr. Lloyd Schnelle have requested for our public hearing meeting. 1. List of adjacent property owners. (See Attachment A.) 2. Signed petition. (See Attachment B.) We have contacted and received approval from the majority of the adjacent property owners. We feel that our concept for the use of this site was received well by all the adjacent owners contacted. 3. Additional site plan information on shop facility. (See Attachment C.) We have prepared two very conceptual site plans of the first building which we would erect on our site. This building will be used as a shop for equipment maintenance and storage in our interim land use and would be converted to a recreation building in our ultimate land use. These conceptual plans represent our latest thinking on the layout of this particular portion of the site. Although we do not have any detailed drawings on the architecture of this building, we should have this information relatively soon. We are currently thinking of either a 30' x 30' building which has one story primarily buried in the topo- graphy and another story above it with an on -grade entrance at the top level; or a 30' x 60' one-story building which is also niched into the topography. In both concepts, we would anticipate the possible expansion of the building in the future. landscape architects • land planners I ionathan village center • chaska, minnesota 55318 a phone 612/448-2161 Chanhassen Village May 8, 1974 Page 2 Planning Commission The materials which we are currently considering for this building would be either concrete block or a combination of concrete block and wood. If the entire building were constructed of block we would more than likely add a stucco finish when the building was converted to a recreational facility. The building would be sited to respect the existing topography as much as possible. With this type of scheme, very little if any of the building would be seen from Highway 41. 4. Office building design and building materials. We currently do not have any detail site plan information for the office building. We are including as Attachment D to this letter, however, sketches and sketch plans of housing units which could be adapted for our use as an office. 5. Temporary structure for cold storage of nursery stock. We are showing on our master site plan of the interim land use a temporary structure which would be approximately 30' x 40' in size which would be built into the hill. This structure would be "temporary" as it would be removed when the P.U.D. was developed. 6. We are indicating more specific information on the landscape buffer on the north, east, and south border of the site. We are planning on working with Mr. Don Berg of the Soil Conservation Service in establish- ing wild life and screen plantings along these borders of our property. The plant material would be installed in 1974 and 1975 primarily in seedling size and would consist of pine, hardwood trees, and deciduous shrubs such as Tatarian Honeysuckle. We are planning on intermittent masses of this material along the entire property lines mentioned above. ectfully submitted, . Ba i 1 ey ATTACHMENT A D. 0. Roy Rt. 5, Box 130 7205 Highway 41 Excelsior, Mn. 55331 Joe Donlin 7151 Hazeltine Blvd Rt. 5, Box 137 Excelsior, Mn. 55331 Duane Johnson Rt. 5 Hazeltine Blvd Excelsior, Mn. 55331 Alton B. Geske Rt. 5, Box 137F Excelsior, Mn. 55331 George V. Hanson Rt. 7, Box 610 Excelsior, Mn. 55331 Minneapolis Council of Campfire Girls Rt. 5, Box 141A Excelsior, Mn. 55331 Walter Zimmerman Rt. 5, Box 139 Excelsior, Mn. 55331 William O'Dell Rt. 5, Box 137E Excelsior, Mn. 55331 Naegele Sign Company 1700 West 78th Street Bloomington, Mn. ATTACHMENT B May 6, 1974 We, the owners or residents of property affected by the proposed Jerry L. Bailey Incorporated nursery and landscape design -construction firm find it to be in character with the existing landscape and land use. Name R � Address %�L0 S I f L hiss / a 7 IL Li V! NG GALURY E.1 I C ILIMl"G YARD "1 7111, UA LG"`iCii F L 0 0 i'l LEI r Ll -A UPPER i:L00R 10 Y. '24' KIT , I X. 2.7 - F�J, m I I:f li GARAGE 20 74 UPPER FLOOR. ENTRANCE LEYLL) BEDRM dFfP1A 'MMEV brOk")TA 15�t-'A !T'6 ME, 4i .; jf Al 5A hello, p, /-#. � � f il - 40 wl',17 117 4-V ug Pd.- A q Af 116) Ph PUBLIC NEARING - CONDITIONAL USE PERMIT BAILEY AND ASSOCIATES MAY 8, 1974, AT 8:00 P.MP n The public hearing was called to order by Chairman Dan Herbst. The following members were present: Dan Herbst, Mariana Shulstad, Tim Stone, Tom Gabbert, Nick Waritz, and Jim Mielke. Councilman Hobbs, Councilman Neveaux, Russell Larson, City Attorney, Carl Dale, Planning Consultant., Bill Schoell, City Engineer, Ronald Bailey, Jerry Dailey, R. V. Macuiar_s, George Hanson, Graydon McCulley, R. M. Smith, and Lloyd Schnelle, City Administrator. The notice of public hearing as published in the official city newspaper was read by the -Administrator. The 40.5 acres are located on the north side of Tanadoena Drive and south of Ches Mar Farm on west side of Hazeltine Blvd. Jerry Bailey gave the presentation. A landscape design office and nursery are proposed. Three buildings are proposed, one a nursery shop, one an office and the third is an underground nursery storage building. The Long range plan for the land is a planned unit development of 1.5 to 4 units per acre. This would be accomplished when sewer and water are available. Carl Dale, Planning Consultant, gave his report. Bill Schoell gave the Engineer's report. The City Attorney discussed the proposed ConditYonal Use Permit.. Dan Herbst briefly discussed the Soil Conservationist's report. These reports are attached as Exhibit "B". Mr. Bailey has discussed his proposal with many of the surrounding landowners. This is attachment B of fir. Bailey's letter of May 8, 1974. A motion was made by Mick Waritz and seconded by Jim Miel.:ke to close the public hearing. Motion unanimously approved. Hearing adjourned at 8:30 p.m. Jean Meuwissen Secretary it I- REGULAR PLANNING COA�.IMISSIOIJ MEETING MAY 8, 1974 The meeting was called to order by Chairman Dan Herbst. The following " members were present: Tim Stone, Mariana Shulstad, Fick Waritz, Dan Herbst, Jim Mielke, and Tom Gabbert. MINUTES: A motion was made by Tim Stone and seconded by hick Waritz to approve the April 24, 1974, public hearing minutes of Minnewashta Woods. Motion unanimously approved. A motion was made by Tam Stone and seconded by Jim Mielke to approve the April 24, 1974, regular Planning Commission minutes. Motion unanimously approved. VETERINARIAN CLINIC: Comments from Planning Commission members. un N e - S ort notice to review a new set of plans. The Commission could seek more time to consider this. Tim Stone - Have the planner review what he has not had a chance to review. I still question the metal building particularly if this is to be a part of the CBD. Mariana Shulstad - I like the overall layout with more green trees. There should be more time for a response from the planner. Nick Waritz - We should have more time for study. A motion was made by Tim Stone and seconded by Mariana Shulstad to table this until the planner has an opportunity to prepare a report on the revised plan for the next meeting. Motion unanimously approved. n Jim Mielke suggested the architect prepare his concept on how this building will fit in with the CBD concept for the next meeting. Planning Commission members stated things that are concerning them about the plans. Tarn Stone - I feel uncomfortable with a metal building. Tom Gabbert - I feel the Conditional Use Permit should be for two lots. I am bothered by the metal building. Mariana Shulstad I think the overall layout including the green area is much better than the previous plan. I do not see how a metal building will fit in with the rest of the CBD. Vick Waritz - Both lots should be under a Conditional Use Permit. Metal buildings if done right are fine. Jim Mielke - This is a good first addition to the area. The lilac hedge should be put in now. Dan Herbst - I don't mind the metal building but would like texture on two sides. The layout is an improvement. Very much in favor of curbs in this area and some type of outdoor lightin4 should be proposed. Dr. Molnau stated he would like the term of the Conditional Use Permit for as long as possible. Dr. Molnau, Mr. Lewis, Carl Dale, and Lloyd Schnelle will meet to discuss the plan before the next meeting. Rcqulzir Planniuq tom.-nission Minutes, May W-r 1974 -2- BAILEY AI4D ASSOCIATES: A motion was made by Mariana Shulstad and seconde ' by Tim Stone tcFWt the Planning Conuni.ssion recommends the Council approve a Conditional Use Permit A. Recognize that a long range concept plan is tentative only not a plan which will be adjered to either by the developer or by the City. B. The Conditional. Use Permit conform to condition: of the Planners report of May 6, 1974, the Engineer's report of May 4, 1974, and the District Conservationist's report of May 30 1974. C. That the form of the Conditional Use Pex'mit take on all conditions listed by the City Attorney in his letter of May 7, 1974, D. That the final plans and specifications will be reviewed by the �1 Planning Ccmmission and approved by the Council after being approved by staff. E. That part of Bailey and Associates plans and specifications and their intentions which are indicated by letter of May 8, 1974, and three exhibits thereto which will be expanded upon with detailed plans and specifications. P. Also Bailey and Associates consider adding some kind of lighting plan. ' Motion unanimously approved. CARVER BEACH DWELOPMENT GUIDE: Tim Stone excused himself from the 23cuss o�"n. on was ma e y Mariana Shulstad and seconded by Jim Mielke to table this until the first meeting in June. Motion unanimously approved. n Tim Stone will discuss putting a news release and map in the Herald and Sun with the Carver Beach Association. TWIN HILLS RIDING STABLE: A motion was :Wade by Jim Mielke and seconded by Tom G ert to o a public hearing on June 19, 1974, at 7:30 p.m. in the Chanhassen Elementary School to consider a Conditional Use Permit for Franco Loris of Twin Hills Riding Stable. Motion unanimously approved. CE TO SIGN ORDINANCE - Bob Buesgens wer© present re the sign at the office bui-icy will list the new business BUESGENS OFFICE BUILDING: Mr, and Mrs. uest i'ng a iar ce TT`square feet for WY, The sign is 16' x 8' high. The sign it the building. The type of sign proposed is measured from the top of the top sign board to the bottom sign board not to the ground, therefore it is within the 80 square feet allowed in the ordinance. A motion was made by Tom Gabbert and seconded by Jim Mielke to adjourns Meeting adjourned at 11:45 p.m. Jean MeuxAssen Secretary RussEEE H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ City of Chanhassen Planning Commission Box 147 Chanhassen, MN 55317 May 7, 1974 Re: Arteka Incorporated Conditional Use Application Dear Commission Members, TELEPHONE 335-9565 It is suggested that the following conditions be incorporated into any conditional use permit which you may recommend to the City Council in consideration of the above matter. APPLICANT 1. The applicants are , and this permit is personal to said entities and shall not be assigned without written consent of the City. DESCRIPTION of PREMISES 1. The premises subject to the within conditional use permit are described as follows, to -wit: (Fill in descri:.tionl 2. The within conditional use permit shall apply to the entire property. NATURE of CONDITIONAL USE I. The use of the premises shall be limited to professional offices for the land planning business of applicant and shop facilities and nursery growing range for use by applicant in its nursery business. Site plan and nursery operation shall be as depicted on public hearing Exhibit "A" dated on file herein. Planning Commission -2- May 7, 1974 2. The within conditional use permit shall be limited in duration to thirty (30) years from the date hereof or until City sanitary sewer and water supply are available to the premises and ultimate use zoning is granted by the City, whichever is first to occur. STRUCTURES 1. The exterior dimensions and design of structures on said premises shall be as depicted on public hearing Exhibits dated on file herein. --- — -- 2. The professional office building for the land planning business o applicant shall be so designed as to be convertible to townhouse`use in the event the ultimate land use of the premises upon expiration of conditional use permit shall be for residential uses. -_ 3. The shop building proposed to be erects on the :remises shall be so designed and constructed as to be convertible to a recreational building for use by residents of any residential project on said premises in the event the ultimate land use of the premises upon expiration of the conditional use permit is for residential purposes.---- 4. Building permits shall not be issued by the City until fully detailed and dimensioned site plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. S. Exterior storage, including but not limited to equipment, waste, and trash storage, shall be subject to the approval of the Zoning Administrator. 6. Business identification and other signs shall be only as permitted by the Zoning Administrator. LANDSCAPING 1. Landscaping and landscape plantings shall be as depicted on public hearing Exhibit dated on file herein. 2. Landscape buffer around site shall be installed within twenty-four (24) months after building occupancy and shall be well maintained at all times. Plants and trees lost from any cause shall be replaced. 3. All landscaping at or near access drives to public streets or highways shall be properly trimmed or otherwise located or maintained so as not to create hazards to view for pedestrian or vehicular traffic. Planning Commission - 3 - May 7, 19 7 4 GENERAL CONDITIONS 1. The issuance of building permits for the erection of structures on said premises shall be conditioned upon satisfactory soil tests for septic system absorption. 2. The City reserves the right to limit the number of employees, the number and types of vehicles and equipment, and the hours of operation on the site. 3. No retail sales shall be permitted on the premises. 4. No changes in use or development shall occur except as may be permitted by an amended conditional use permit or by a rezoning of the premises. 5. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit. 6. Operations conducted on the premises shall not be detrimental to the public health, safety or general welfare. 7 The applicant shall comply with all pertinent City ordinances, State laws and regulations of State agencies and State departments. 8. The City Council and Planning Commission has determined that in the grant of the within conditional use permit the standards of Section 23.06 of the Chanhassen Zoning Ordinance have been met. 9. Conditions may be added to this permit at any time if deemed necessary and in the public interest by the City Council following notice of public hearing thereon. The foregoing is a rough draft of those conditions which you may feel necessary, convenient or useful in considering this matter. Very truly yours, Russell H. Larson Chanhassen City Attorney RH L: m cc: All Commission Members Lloyd G. Schnelle, City Administrator �%w 4826 Chicago Avenue So. Minneapolis, Minnesota 56417 Phone; (612) 322.2106 May 6, 1974 PLANNING REPORT For: Planning Commission City of Chanhassen, Minnesota 3y:. Carl R. Dale, AIP Planning Consultant /T AJ Lei r r°v.1C"5 Planning Considerations 1. The application is for a Conditional Use Permit in an R-lA Agricultural Zoning District. The Comprehensive Municipal Plan calls for the site to eventually be a combination of open green space (as part of total community "belt" system) and residential. 2. The initial or current requ,-st.is for nursery growing grounds and base. of operations for a firm specializing in landscape and recreation developments. Uses would include an office building which could be converted later for residential use. Also included would be a shop and storage facility which could later be converted for use as a recreation ouilding serving residential development. Other recreation facilities may be included for employees and residents. One or more single family residences may also be included. 3. Also submitted for informational purposes is a very general plan indi- cating how the interim uses could be converted and the site more fully utilized when ful.1 utility services become ava.i 1 abl e. it is suggested that this longer range plan not be approved or disapproved but merely be filed with the Conditional Use Permit for background and informational purposes to inform future Planning Commissions and Councils as to the present day intent and rationale for considering the Conditional Use Permit for the Phase I Plan. Many changes could occur in the future which may result in plan changes from both a public and private view- point (political, social, construction, economic, etc.). 4. We find the proposed initial use as totally compatible with a rural situation provided adequate and proper conditions are imposed. A professional office and landscape operation can be considered a rural type use as proposed; no on -site retail activities are proposed and build- ing will be situated in a central location on the site well away from adjacent properties. In many ways, the proposed use is quite similar to a normal farming operation and less intensive than some such as hog farming, commercial cattle feeding, fruit and other food packaging and processing on -site, extensive sod farming, and the like. 5. We recommend approval of the Conditional Use Permit subject to other staff comments and suggestions. As an aid to drafting a final Permit, we offer the following.conditions for your consideration: a) The conditional use permit shall be in effect for thirty (30) years unless requested otherwise by the current or subsequent land owners. The City Council shall, however, reserve the right to review this Permit at any time to determine compliance with the conditions and/or in the WIa event that it is demonstrated that the use is creating conditions detri- mental to the public health, safety, and general welfare. b} The City Council shall reserve the right to limit the number of employees at the site, number of trucks and other equipment, and hours of operation. No changes in use or development shall occur except that which may be permitted by an amended Conditional Use Permit. c) The proposed landscape "Buffer" around the site shall be installed within two years following building occupancy; this buffer shall be properly and well -maintained at all times. Plant materials lost from disease, drought, winterkill, vandalism, or other causes shall be replaced. d) Areas utilized for sod farming or other intense use that may result in dust, noise, or other nuisances shall be limited to areas designated and conditions may be added to this permit at any time if deemed necessary and in the public interest by the City Council. e) Building permits shall not be issued until fully detailed and dimensioned site plans have been submitted for review and approval by f) Conditions as recommended by the City Engineer, City Attorney., and others. g) No retail sales shall be permitted at the site. h) All uses shall be designed to permit convenient conversion to a residential or related use in the future. i) The City shall reserve the right to require permanent preservation of open or natural green space at such time as more intensive development is proposed; said green space would be required for conformity to the City Plan and in a manner as authorized by State Statutes. j) No part of the site shall be sold or otherwise transferred in ownership except under terms of an approved subdivision or waiver of this condition by the City Council. k) The conditional use permit shall apply to the entire property. 1) More detailed and complete site and building plans maybe required from time -to -time as further development proceeds at the site in accordance with an approved stage development plan. m) The City may designate traffic routes for trucks hauling to and from the site. n) Trash, garbage, equipment, wastes, and other exterior storage shall be as approved by the Zoning Administrator. o) Business identification or other signs shall be only as permitted and directed by the Code Enforcement Officer. p) All landscaping at or near access drives shall be properly trimmed or otherwise located or maintained so as not to create hazardous access to the property. q) All maps, reports, and other documents attached to this Permit which are properly approved and filed shall be considered as a part of this permit and shall have the same force and effect as if fully set down herein and are hereby made part of this conditional use permit. Summa r Under conditions as noted above, we recommend approval of this project. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 838-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 May 4, 1974 Planning Commission City of Chanhassen P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Proposed "HanGxn Farm P U D", by Bailey and Associates Gentlemen: I have reviewed briefly the preliminary plans for the above devel- opment in Mr. Schnelle's office, including those plans pertaining to the first stage of development, showing a shop building, driveways and nursery areas, and a later stage, showing a possible P U D-type devel- opment including some single family lots, some multiple residential tracts and a considerable amount of open and green space. Mr.. Bailey has indicated that the shop building in the initial stage is being built so as to render its alteration to later town house use, or rec- reational use, easy. This development lies on the west side of State Highway 41, imme- diately south of Ches-Mar Farm. Sanitary sewer to serve this area is some years away. This area is in the Bluff Creek watershed. It is possible that sewage from this area might be pumped northward through Ches-Mar., if that area develops, to the North Service Area. It appears, however, that the development contemplated in the first stage could be handled satis- factorily with soil absorption facilities, providing tests indicate good permeability. From an engineering standpoint, we can see no objection to the proposed first stage development, providing soil absorption is satis- factory. We would recommend against the City's taking on any obliga- tion to commit itself to the later stage of construction until public sanitary sewer and water supply becomes more imminent. Very truly yours, CITY ENGINEER WDSchoell:sd v*lt Of M?NNESOTA ••*�• � �• County of Carver • • . , , lim.•. , HeGarry ........... .... , ... , ., being duly sworn, on oath says; that he is, and during all the times stated has been the ... 4Wn®Y' .................. publisher of the newspaper known as .-Cj4aska Herald.. and has full knowledge of the facts hereinafter stated; that for more than one year ciTv of cHA prior to the publication therein of the N n U C.O.. Q-f . PUb1 i C He ar irl� HASSEN i'9£VER 1ND HENNEPIN hereinafter described, said newspaper was printed and published in the C 1 ty COUNTIES, MiRNESOTA of •Chaska ................ in the County of .,%aryjCr .uTIIH uF Pl'Hl.11 IIF;:1il1.�f. FOR ACONDinICATI NF: State of Minnesota on .Thurad.aY..... of each week; that during all said time PERMIT APPLICATION � , NOTICE IS HEREBY GIVEN. That the said newspaper has been printed in the English language from its known office of City Planning G,mmissi(ui of he City of Chanhassen will meet iin Wednesday the publication within the ...0 1 ty ......... from which it purports to be issued as 81h day of May, 1974. a• 9:00 p.m at the Gty Hall in said City forahe purpose td above stated and in newspaper format and in column and sheet form equivalent in holding a public hearing -in 4te ap• plication of Bailey and Ass wiatas for a space to at least 450 running inches of single column, two inches wide; has been Gmditional Use Permit for the D"%6e .,f , perat ins a nursery and a landscape issued . , .. OnG a .................... each week from a known office established design Ct,ns ruGNr,n firm man R 1A in said place of publication and employingskilled workmen and equipped 4gncultural Resldennal l) iv ilow q pped with the G,Ilowing described proper,I to necessary material for preparing and printing the same, and the presswork on that C,,unv. Minnesota: part of the newspaper devoted to local news of interest to the community which it That par: of 'he S.E 14 and th purports to serve has been done in its known office of publication; that during all said f ,he sw,, of ,he NEt. of &:•roan time in its makeup not less than twenty-five per cent of its news columns have been T reship ilex, Range 23, excels devoted to local news of interest to the community it purports to serve; that during s surrounding the 'Dose all said time it has not wholly lings in 'he northeasrerl y duplicated any other publication, and has not been to property. entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty -applicant proposes"to Ile (240) copies regularly delivered to paying subscribers and has entry as second class ate for the Landscape le. nur y operation a the ab matter in its local post office; and that there has been on file in the office of the H.n ;er. !here will bp no retail ,, ' Carver he ursery business on :he v County Auditor of • .... • ..... . . ................. County, Minnesota, the affidavit des bed site. of a person having knowledge of the facts, showing the name and location of said ;)ersons iweres,ed may appear and newspaper and the existence of the conditions constituting its qualifications as a legal N, vd at said 'imp and place. newspaper. ed: April 17, 1974 That the PJ 0t i c e. , of Pub 1i C Hearin ..... hereto attached was cut t BY ORDER OF THEXITY PLANNING co�iMlRtitoN from the week, for ..� 8t.h . day of Sri ... . ...... . .... 19 ..74.; apktbuLe_ Lloyd G. Schnalle. XXXXXXXX Clerk Administrator b` XXXXXXXXXXXXIS$C vie �Y1 t i x. ............. ,Publish in he Chaska Herald ;i.rd 18. 4MxatXXXXX.)=XXXX.XXXXXXXXX and that the following is a printed copy 1974) of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: (Paste f ro f Complete Lower abcdefghijklmnopgrstuvwxyz case Al hab a-z ithout ring) w a,bcdefghijklmnopgrstuvxyz l Subscribed and sworn to before me s . �•IJ • - day of 19. V .�. ...........a ?-fir................. Notary Public, • . • . ...... County, Minn. My commission expires • ..�lt �r`�"-\ .... G7� -(P, .... 19 ..!. LORRAINE LANO u NOTARY PUBLIC, Carver County, Minn. My Commission Expires July 26. 1975 CITY OF CHANHASSM CARVER AND HENNEPIN CO{ RTIES, ulid±4RSOlr NOTICE OF PUBLIC REAPING FOR A CON'U—fWO-N—AL t1�n IR ITT PPLICAT:TO NOTICE IS HER1173BY GIVEN. That the City Planning Ccimuission of the City of Chaiihassen will meat on Wedmesday the 8th day of May, 1974, at 8:00 p.m. at the City Hall in said City for the-eurpose of holding a public hearing on the application, of Bailey and Associates for a Conditional Ds - Permit for the puzpose of operating a nursery and a landscape design construction ft=i in ar. R-lA Agricultural Residential District upon the following described property in Carver County, Minnesota: That part of the S.E. 14 and that part of ties SA of the NEh of Section 9, Township 116, Range 23, except 2.5 acres surrounding the house and buildings in the northeasterly corner of the propert�j. The applicant proposos to "tabliah the corporate for the Land- scape design and nursery operation at the above cite. However; there will be no regall outlet for the nursery W:!iness on the above described site. place. All persons interested may &ppear and be heaxd at said time and Dated: April 17, 1974 By ORDER OF THE CITY PLANNING publish April 18. 3.974 i:: t'.e Form No. 72-1 Date April 11, 1974 CONDITIONAL USE APPLICATION VILLAGE OF CHANHASSEN Applicant: Jerry L. Bailey, Inc. Address: Jonathan Village Center Phone: 448-2161 Owner: Jerry L. Bailey, Inc. Address: Jonathan Village Center Phone: 448-2161 Existing Zoning: R-lA Legal Description: That part of the S.E. 4 and that part of the SW4 of the NE-1-4 of Section 9, Township 116, Range 23, except 2.5 acres surrounding the house and buildings, in the northeasterly corner of the property. Filing Fee $35.00 () Paid Deposit: (<<)Yes ( )No Amount: Required With Application: 1. Statement of Use -XI T 2. Plans %�s?��d -g' 7- 2!Z 2- 3. Statement on Conformance Standards 23.06 Date Received: A�)ril 11, 1974 COMMENTS BY ZONING ADMINISTRATOR I-) uAlU. PIZi, n, t Let -'r -'aa se C.- J oc cl CP zza .2.,az, -azz 7-c; el-,.razac o ""M and �-Q C-za jw- Q C'Qi f nz. C!�v , r�o —z c.,a Kay ka '2 t3O 3 a c; cl:eacl a -w-A—, va, -Ssc 0v eBao15e -Z�c '-,-uthi: R.USSELL H. LARSON ATTORNEY AT LAW 1900 FLRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335 - 9565 April 9, 1974 Chanhassen Planning Commission Box 147 Chanhassen, Minnesota 55317 Re: ARTEKA INCORPORATED 40.5 acre Land Use Proposal Dear Commission Members, Reference is made to the proposal by Arteka Incorporated for an interim use of 40.5 acres of land on Highway 41 as a nursery growing range and base of operations utilizing an office building for the land planning staff of the applicant, and a shop and storage facility for the nursery aspect of the business. The proposal contemplates that the ultimate use of the land would be for low density housing (3 to 4 units per acre) when sanitary sewer and water is available to the area. Under the ultimate use concept, the office building would be converted to townhouses or condominiums, and the shop and storage facility to a recreation building for use by residents of the project. The premises presently are zoned R-lA Agricultural Residence District under which agriculture is a permitted use with structures accessory to an agricultural permitted use allowable as an accessory use. The zoning ordinance defines agriculture as the cultivation of the soil and all activities incident thereto. The proposed interim use as a nursery growing range with shop and storage facilities accessory thereto approaches very closely to an agricultural permitted use. Standing alone, the use of a portion of the premises for an office building site for the land planning staff would be a commercial use not permitted in the district. However, in viewing the proposed interim use as a whole it can be said that the office building, while not strictly an accessory use, is a convenient use to an integrated operation. Planning Commission Page 2 April 9, 1974 In order to resolve questions of interpretation and procedure, I recommend that the proposed interim use be approached as a conditional use under the R-lA Agricultural Residence District Zoning, following the procedures outlined in Section 23 of the Zoning Ordinance. If after public hearing the Commission is disposed to recommend the grant of a conditional use permit, suitable conditions should be recommended also to insure compliance with the interim use proposal. Section 23.01 of the Zoning Ordinance authorizes the grant of a conditional use permit, and care should be taken to make a finding that the standards of Section 23.06 have been met. Very truly yours, Russell H. Larson Chanhassen City Attorney RHL:m cc: Lloyd G. Schnelle Dan Herbst Arteka Incorporated '. 7, 'B`--K7-lUND i�-ND .-L •CO- nd R-e C,• at 0 ki s s o zig s --C- 2: C, 2" 3 -C "L, 1, 0 z and Eisc-I.-Assed. rx ic Tom GzuDbezt- -LiD h--Id, vma 'h.-v Ti-.m, Sl-an vd secon�l-dl kiv i "en-y and an --g-OC-ated zort---i 'I'lle j'Z'-'-Opo--a7 derls.-it-V nousInCT (3-i'l unl-il--s acrei -vaj- Wo'lllc� mro"t o-omoa.r..' 1 1,W 1-1%-- :L-4z'I" 'I sewe'r- and -1he a aiDle -y p-cop'-;se a 4.61 ld- Zl.n scanc.,. and r c 3. 11 2F al , z;o Z�,,n t-o bc -uo-'s.-C a'`„o 0 1 st-afz ICJ-21 T-,-- i-.�On- 0:�. co .0m L sho. .ad -u be, DCV( .L Dzan 7-Horbs-k'-- - .7- ?. .- za A. 4.A�,Z� C po �d a s 0 li C., i r 0 0 — 0 17 amoia -,�Oh malc,,�,, "Clh--is 0. v a a i')' i a. c-aznu help. Z OIL', acqua Y aimi, =Citsdl dens i-t-V . help -eh-s •i vchicla, w-z, cazl 27.i:�-.d a I es -al avc'wue Lin Va,,. v e-xc --.Cd wh; -nut the" Ta4--s;z- pec-p-le— shoulvdi w �,.11 i,. to 03-�'taaln. thi"2 Tivi St —,no' —3 aCvr-2-cl&f; by T GaED-u-ir- �-:as-v and and 1'- 4 V 7 C-Lon, made �-y `Ta�m& Gabbe- r-- az,,.3 ceco-a.cle-- b'y Dave Reed a 00 o m. Jerry L. Bailey, Principal Ronald G. Bailey, P.E., Administrator Gene F. Ernst, A.S. L.A., Senior Associate Paul H. Baerman, Associate Doug Her Eric P. Owen bailey 8 eaocialei Lloyd Schnelle Village Manager Village of Chanhassen I am hereby applying for a conditional use permit for the purpose of operating a nursery and a landscape design -construction firm in an R-IA Agricultural Residence District for a period of time not to exceed thirty (30) years or until property is rezoned for a more intensive land use upon the availability of public water and sanitary sewer utilities. This conditional use permit should be filed under the name of Jerry L. Bailey Incorporated. f ey landscape architects • land planners I jonathan village center a chaska, minnesota 55318 a phone 612/448-2161 J I _ -- - I , � A ......... ....... . . . . . 1; .�a y pl-' - � --' ���� �_ ._ � � � _. �• 90.E 1. f r n EXHIBIT B-1 Residue , uarter r,nd of the :'hat r)mr+• of the Southwest quarter of the ..ortl.ekrt ; Trter.'^ii llf ;:I e Southeast !marter of the Northwest quarter cf Section 9, P Range 23 Nest of the 5th Principal Meridian, lying :esterl.- of the center- line of' SL+te Trunk Highway No. 1.1 as now laic' out, aubect to the rights of the public in such trunk highway; k1so subject to and excentini themfror► that nnrt of said ,iremises deccrit)ed in tht: �,'ctir•P c:' ;,is FonaonF datnd torch 1�, 1')53, w]:ict was filed in the office of 1.hP ,�Fi.='' oi' :seeds in sn: ''or !,rsrver County on March14, 1>i , um r,:ct.rried i f, 7t•c-jc � e^ 1'i sral- lannous on --v--ge F0; .I,,, ticrth-en:;t cuartA r Also ttx(-ec)t that Tart of the Southwest y:.:�rt.:� of of :,ertion `.', Township 115 North, Range ?3 : t n'_' th•: i*,il i'rinri-xtl meridian, de9eribed as follows: Commencing at the c,oint. ref intersection c tl-,t- SoLth lirv- of the Northwest quarter of said s�scti• n wit'r. eyntorlin•: nr --)t.ato 'UKhwa�' ::c, la as now laid out; thence ':ortho�eL:i 1•' 127C feet ttlgr.; :, �icl cpnt,Erlint� to the paint of berinnin,, of t1i" exception buinr, 1ienc:-i -tee; thence cef'lectini- laf't 90 degrees to the south line c•`.' 94u North 10' t't;eL of said Southwe::t ruarter o'" the Northeast querteir; U.,! ,cc: .:•ist H1071 . .x'uth line cif the North 100 foot to the west lint) Of neit ntnLosth'u North line the Northeast quarter; thence North alonV of rmir: Lc>>thwest -. uarter of the Kortheast •;,,,art,n*; -11: t said %:rrti. line tc. shlo' centerline; thenro ilon� :aia centerline tc� tl.e c?nt nr tx�r.inning, subject to net: a;c•e.,tint ther-.fr( --i ar:y phrt of r+ai.c7 i91-1 ti n1-e�dse , ;oscrj}.-,A in the Notice of Lih 't'� 'ut.r:? I"Prr:P. 1� , , w••=ch wn.s `'il �d in thn office of the Regi3tci' gee.:=; :r. s"`� `'`'r Cr,rvp.r Cc ur,ty on Knrr. , 1."., 1953, and recorded in Book i, of .'i:>ccic4neous :•n page 90. 4 ,;9b Ci a-, EXHIBIT B-2 ram -I #A Z 21 Cps 2627 62 E v I z D d D O -I •-- m m :z z z cn = m m z m m m -+- M= 3 D n n m r x m m z o = O cn m= -< m MZ m u an ~-I D d - I- tT --i D o z :E: m m = = - r- c cn -n o cn m m -I CJ cn m cn D m M �:E bu O r D z r - -n C --I -< z o m m < _ c� cn -n -< n D ;a D= -1 O O m m r m 3 m m z 3 --! d D n 'v C7 m S G) --1 m d- i m _0 m ►� z O D ccnn r -v m D tom' O z z -I O c -v -n d bd G c � m 0rr O -G ;u .-. 3 = I o a D X 0 D -v z= cn m D Xr z I D O m z z Cn - = I-- G) = --I -I D r D O cn O D s D G) O ::E: w -n z D -< ;a :Z7 _ =1 m l� m z D m z -I m m cn 7 _ o Z t✓ 3 ;a Cn m z F--+ m D • --! z O _ -v -t O -1 0 ;v -o m I- m z -i r o m o t7 z z -I m -D-I � < m o= m m -I n m t=) m O O C� -Aj Dm < O ;a = Cn cn C_ - v —I -v m o -t D c ;;o m cn bd c z = �:v O ;u •-• f— m _D -n z � cn C) cn D c z O cn w -I m -G D z m 3 cn 2c i -i m 3 D • O m cn D z 3 -I - u X D U z m _ < -n O D m m D O m - tb c'� l� r � z � - C `n O D � c3i> m cmn � r 3 - u = x C) r- m X -i O -o O z ►- D D -n O --I < - z co m t7 D d G) z cn O X C7 -I cn T D Z ;l7 -I C/) n m CD _ m O 3 I---� -n -o v tj m C m t=i r - O -v m z m Z N N -o D --1 cn 3 z C- - - r ::E m m m o m N F-� D D m:2: z c x z -< 0 m --1 cn ;u cn m X -< -n O D ;u D --1 -n -v z o -n z m;u X m 0 D X 0 r X c) -t m 0 z 0 - -n o ;u m m D w D -j -1 D D O m o� m 3 0 m x 0 > --I -DE --1 r �C m m O z -I m 3 m m D z X � = to O 0 ► D z D O c t7 ;u z 3 -1 — = tj _ z c •y m -v -t cn 3 L D t� cn r < O o c m cn m cn •-• t7 m ;a -n cn r m 0< P G) Z O -D-1 D r rr- cn G) -0 m O D m 0 z D D 3 u z -n x 0 3 0 z cn z::;-:, m% c c m;a cn -q ty = z ;u -I D x z D C m D cn = X X c 0 Cn m m m td cn ►- o �' r D cn cn c -. 0 D o -i ; r = O 3 O z -n m -1 m -i 3 c X t7 7C m m ►-a 0 r- o o C -0 m m -iw C z D::E: cn D M -1 D rG � D o m G) ram- m mm d w m r m m bd td r G) w < m c ;u m 0 m m r t7 -+ N O -- rn d-< D m Qo c r < cn -i z z - D --I cn w m D m x O 0 m r cn U cn m = ... o cn z .� cn m -v o z D cn rn d C ,;u C z- I D -I m c m m m m m m G7 cmi, o cnr= m D • X --1 m m D O -1 -i x m m D m 0 r-n -n D D z;a -n D o; 3 z z C z -0 0 3 cn U -0 D ram, m � o m rO U) m D A C z ;u -v -i 0 z z m = D m --q r 0 1--y -i t I D D z N m -i z t� u -n m - z < - o C O D r m -I -n r r- D r -< -n m cn D m o (7 G) -I -0 n m m i m - W n T d -1 T- M m � CJ "fl m m (/) O m ::;o cn o -- ' 0 0 cn m d d C m r- 0 T ig m C7 r C d G7 O r= r- O z N N N N Cif kA D 3 -v z t7 O m c rn 0 0 m z= o = z= z 70 w m z c cn n m cn m ;u m o m 3 U r r- cn c r cn cn m cn D m 3 t7 cn c m- -1 n by r z = 0 z < n c td m 0 ba ►-. X c D m x m m m -n r 3 m z;u C_- cn z b m -� D -G m D r ti o d _ cn ; - D -1 c o cn r --I = o •-• D w .-. m z z r m z -I r m = I m m t7r m m -I = --I m 3 ►-+ - -v o m D o 3 m M - c c n z cn n " M G7 m c •-• n o G� r- cn m m z z z n - O D 3 m 3 --i G7 ti d -�-� -1 z D iV G7 :v O m o m - .-. D r- NX, m� m c D z D c M •-• m _� 0 r-O rG x z m D-n m S o o D D -n-I G) M n m cn r o cn cn z r Go X r- n .-. z o m z� m m t7 m m m z D U= --I 0 t7 o r -i w 3 << m cn -n m = -{ c m m Z -A m ;u ::E: M z -v m m — z r o= m m o m D M m n -n z r O D ;v n -i --i -I -i D r- m > 3 -.Dv m m IZ) O m -! Cl) z m ►-• 0 � D D to c�nT -rC 7z n D D D z -n M ►-� c 3 cn D o n Go n- o td --1 •- d cn ;a cn o c r ►- r m m m D a7 -I r O c cn m r -< z z cn = n r -I D m .-. n � .4 rn t= _ tti --I --i m w U D ,_ ,C/) O m- m bd z m -I w G7 = -I m cn o z D t7 m 0 m O O 3 cn ;o n Oz D U -i U m r o m m n c -n 7C zE m= cn m -1 m o O D D m m z m z -¢ = D z r- --- X -1 D O m -i = < ty ty 3 --i m-0 z M 20 M m D- n o= n 17 z cn r m .. r c m= D 3 z m = n D z - m o z -n cn r t7 n wo w z w m t7 -7E: tJ C -) O- D bd o O c c o O D cn -j D --I r -< n � � --i c •-• c G� n c r cn v «-� r z r m m m D _r D D m d m d -Dv n z m n rn m t l o z n z td i bd D Cl v' n m m m G) m r -n cn r. (n x< ti O O cn D cn n m t l D m c ;V s _r d D '" b m -I (n - I m o m D -n m D-i -v n m cn D X G) m = - o -� mu m X m o o m d z D o cn - --I --i D 70 N �-N --1 O C_ o= r m m m O m m N m z m :E m r 0 s;u X —i -- m m cn O c m m -v —I ;u = z D < m ME m x m I = -< r D —I z m O m -! m Cn m N i--' m D G) _ --1 -D = X --i = -i G •-• z;a m m o o m U) - _r o D c`� r D d n -0 -z-1 b C� C� ::E --I D z t d C- c x cn --i = m —I z cn D D r 0 cn —I o m D= z 0 — 'v —1 -v m O D --1 N= 70 cn m m z r m c O z z —1 m c n n tzi m ;u cn C-) c-) =E ;;a cn n o O O -o -n -< 3 D m o O m— c —I z z -n ;;u :;o D D r CJ z -n CO c —1 c cn cn o m;v --{ G — = -1 O —I — --i n cn 3 --f m r C) z m m:;u U= m— _ ;u D o —i = cn o cn cn c m m cn G -v m •-• z z m X z —1 n;v U) D d G O m --i D --I D C z o D Cr- i) c —I D-0 c m m 0 D -v cn r -v m -v c z o r D r D m 0 r cn O c= z D O r —I ►-. z cn z c � --i —I — O G) --n -< C7 tJ - D cn n— z cn m m O m t= D m --I r cn m m -n z z F. D r- r < � —I 0 D —I D m O = cn m —I c —1 = m z r 3 —i m m m m m —I —i z 0Cf) t m= c m d m m D •-� = —ZI —I I cn m .-, .-� m --0 cn o —1 r --i cn 7,o z m ;a r cn O w d -< 7C m --i Cn -< - - A � n 3 -< —i —1 O m -v z -< --I z z r m -n < O -< D= m t= •-• C) —I D O m o m D m z c z 3 m x m D z Z7 —i m c m o D 3 = m; G C-,) r- — r 0 -n ►-y - i r po D G O. D D —I —I c "' - I d z r o z C--) � = 70 cn 70 --I G O m -v 3 O D —1 m t7 = z —I m -o --1 —1 m m r m m m r_-G —1 0= - — D< cn —! cn D cn •-+ O L cn O G) m 0-�O3: r cn m —I m --I -v z m r r m m D c C-f = D ---1 D ---o c cn z to ;U M O= ---1 m z= r -a -1 — m t=) D m m z m - m 3 t, < cn o O D W M C -I m o m m cn c c r cn m m -n N= z z z z o o = m m m e � D� U) c- z can c r— ---1 cn ;u 3 z m D D O > m n m-0 t� C G) d -1 cmi� z D z ►- - -a O m s r Q0 cn �v •-• 3 m 0 m z m;a -n m 3 3 D. I \I • o 00 D --1—I C/) --i m Z IN—' --I ►- - m m m z z Cn —1 Gz� —I cn u� — �:rj -u m '� ry r' c M � m r- t= m 29 CZD C) --� -n �t C--) 0 0 0 z: � ---1 ---A O rn M c m M cn O 'n —1 i C/') 0 t� C--) m 0 ---I z: m C/) m W W W _ r d r O � m m 0 -I v D --I - z m -o D m w m z= --t r --I m m O -0 � m m m t) ;v o cn m cn cn O U -0 a ; r -n -o m -, 0m=� w D r m m z - I �` u A z D D z= m m z m -i c 0 m 0 � -4 -I D D -O n z m- c cn x z ;v o <> x 0 m w -I m-n -I m r m m w - _ n = ;u - z - ---I m X -1 m 1 c t� •-• D m 0 -1 -{ m D z z v -i T. O = z •-• cn m --I m O d •-• •-• r O D -n D z r d c r- n - m s M -I cn r D z z= m d D z 0 m D tom- -p < b -v D r -I D r m m z m -< m D r- c -I :0 cn -v z 0 w z 0 O cn -v r - -o m m X -n ;a ►� 3 --I o n m D -0 z= D 2 D O -I m z cn -I m -v m m - O r C m d cn r n -I cn -< r- O a 0 o m z 0 t=l m m lJl 3 O O 70 = O w 3 m z m m m 0;u d ►- t7 cn D -G 'v -i � -I r- m -0 r-- O r m i z m r w z -I w r X •-• _ D m o n m -I r -v 0 D = r 3 z m e m m O --I cn -n z cn m --I -I cn t-J -0 t::j O -0 --I> m r m -I m < m < _ ;v _ m D m m 3 r- 0 r x D 0 o - 0 z = m z -v D m m m -v -I m -i -1 O --1 D _ m C m G ) --I D cn -Ti X m m :E:: -I -v D r D m r m m o m cn -v D v o w m s cn w -n r •-• cn -n -I z cn D = -i o n m m ::E: z •- t:j ►-• r -n r m m z m cn m 0 -v n O r c z z r z c •-• ►- z � z z w m m c 0 m tz) t7 r D D r z m -< d n cn < T m 3 r d cn D D --1 m z m z z t7 n -I D -I z D n C D t7 D r z -v D ►-• m m r z t7 r- c = z z z :�E: m ►-� m -v O D cn D D r c r .. -n D r ►-► -I w d m x m m r -< d 0 � 0 0 m cn • -� -� s D < m m D t7 n 3 ►� = cn r cn r r cn m r A to D < w m r m m U m -I c m d = cn < m d r D z O m 3 -v ::E: m > m m z r -n r -I O -< o d d D m m 0 -I - o -- m z c m 0 D d c -I m cn z = r m -I m -< r d cn D m n -C �7 - < --I m D z O O l---H 0 0 -� -n z Lo O O m NI) .V� cn U) Nt, o -4 --A m ;u O 70 X x n n n 3 m m o cn --i -q C--) m m -0 .-i cn m ;u O O m z z d o cn z c) O o cn z -n -n c� r c) o -,- a r -n o cn m m m -n = d G7 l-- -n O C m -n LC) -o I-j c) m 3 %_n m W c r -n ►� D r c= �-+ C7 d z d C/) c� - r z m m ED m m o z= m m c o X c -t 3 O � m co -i m z t= i N m 4-+ = m C N D C m .� -G -E Cn z O m -0 D to z -i m m o = m cn •� m -a --� ►� m = z L z y -n o -v -n ►--� n r c 70 m 0 LO •• m o v -- r cn - i,irr D.O. Roy Rt. 5 Box 130 7205 Highway 41EI Excelsior, MN .55331 l Sent the attached notice o t on APKI 19_,_j974. tj Mr. Joe Donlin - 7151 Hazeltine Blvd. Rt. 5 Box 137 Excelsior, MN 5 5 3=-1 Subscribed and sworn to' f eore me t"]h� s th day of April, 1974. Mr. Duane Johnson Rt. 5' Hazeltine Blvd. Excelsior,. MN 55331 )W'AAAAA/AAAAAAAAAAAAWU%AAAAAA (71, ' -v Mr. Alton B Geske * Rt. 5 Box 137F KAY KLINGELHUTZ ."40TARY PUBLICWIN ESOT�A CARVER ARVER COUNTY A V Excelsior, MN My Commission Expires Jan. 30,1981 41f A Mr. George V. Hanson' Rt. 7 Box 610 0.1 A Excelsior, MN 55331 Alt 8., AN. Mpls. Council of Camp Fire Girls Rt. 5 Box 141A ExcelsiQr,.MN 55331 & A '4 Mr. Walter Rt. 5 Box Excelsior, Zimmerman 39 o'a 4,W . A." . 0 V 1MN 5 5 3 31 . Mr. William O'Dell Rt. 5 Box,137E Excelsior, MN 553 441) At 4L 4-f 4%. 31 rz d0l .V V0. I A . 4 1 14_� . Bailey & Associatesfir, Jonathan Village Center Chaska, MN 55318 0 ou AI �hfp Naegele Sign Company 4 vi, 1700 West 78th ST.- Bloomington, MN.