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CAS-39_HALLA GREENS - 495 PIONEER TRAILpe I CITYOF CBAUSEN 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: 952.2271190 Engineering Phone: 952.227.1160 Fax: 952.2271170 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us 0 65 - 3 , C.c)P November 20, 2015 Halla Family LP 495 Pioneer Trail Chanhassen, MN 55317 Re: Conditional Use Permit #03-04, Golf Course and Club House Dear Halla Family Management: After conducting an inspection on October 29, 2015, the City has determined that the Golf Club House at 495 Pioneer Trail is non-compliant with the Conditional Use Permit (CUP) #03-04. Organic materials have been dumped at the top of a bluff on the south side of the property (see location and images below). Per CUP #03-04 (3) (f), "no grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones." City Code, Sec. 20-1403, also prohibits `removal or alteration of vegetation within a bluff impact zone." Additionally, condition (e) of CUP #03-04 requires annual soil tests to be submitted to the City for review. hnage 1: Dumping location (see red circle) Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow Image 2: Materials being dumped on site (photos from inspection on 10-29-15) The organic material must be removed from the site and the bluff impact zone (20 feet from the top of the bluff) must be vegetated to protect the bluff from erosion. Furthermore, soil tests must be submitted to the City for review. Please complete these tasks to become complaint with CUP #03-04 by December 15, 2015. Thank you for your cooperation and if you have questions or concerns, please contact me at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Planner ec: Kate Aanenson, Community Development Director Enc. g:lpla&cup iup wap�annual inspection documents\halla short course cup 03-04 2015 cup follow up letter.doc Document No. OFFICE OF THE A44-1074 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee:$ 46.00 Check#: 15736 Certified Recorded on 05-12-2006 at 03:00 ❑ AM PM 441074 g 1111111111111111111 Carl W. County Recorder r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HALLA GREENS- PLANNING CASE NO. 05-39 CONDITIONAL USE PERMIT #03.04 RESTATED AND AMENDED CONDITIONAL 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 3. Conditions. The Conditional Use Permit 2003-4 CUP — Planning Case 05-39 is issued for the construction of a golf course with a club house as shown in plans dated received January 6, 2006, with the following conditions: a. Hours of operation shall be seasonal and limited to Civil Sunrise to Nautical Sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-07 SPR. i2VVU-'D CQ4h.f3IJG� e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lights which include parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the parking lot and along the entrance driveway (total of five fixtures) may not exceed 15 feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures must meet ordinance requirements. All lights with the exception of the light located in the center island of the parking lot and the club house soffit lights, shall be shut off one hour after sunset. j. The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. k. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20% of one floor. Retail sales are limited to food, beverages, and golf -related items. 1. Hours of maintenance operation shall be limited to Civil Sunrise to Nautical Sunset. 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: March 20, 2006 0 0 CITY OF CHANHASSEN 10 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Mayor Gerhardt, City Manager h The foregoing instrument was acknowledged before me this�day of /i / , 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. IN T. MEUMSSEN Notary Pu t Minnegpta M1y Cammlaelm FW. Jan 87.1010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 9:Nplan\2005 planning asesX05-39 halls greens 03-07 site plan ammdraenOcup agreement.doc 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Part a Recreation Phone: 952.2271120 Fax: 952.2271110 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website Www .ci.chanhasse n.mn.us • October 21, 2015 Halla Family LP 495 Pioneer Trail Chanhassen, MN 55317 Re: Conditional Use Permit #03-04,Golf Course and Club House Dear Halla Family Management: L. Cd4- 05-31 1 According to City records, there is a conditional use permit for a golf course and club house recorded against your property located at 495 Pioneer Trail. The City must conduct an inspection to ensure the site is in compliance with the conditions of approval, as specified in the enclosed Conditional Use Permit dated March 20, 2006. An inspection of the property will take place on October 29, 2015. If the site is found to be in compliance, future inspections will occur annually. However, if the site is in violation of the conditions of approval, staff will work with the property owner to bring the site into compliance in a timely manner. Annual compliance inspections will be scheduled from the time of compliance. If you have questions or concerns, please contact me prior to the inspection date above, at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Assistant Planner Enc. g:'ptan\cup ]up wapannuel inspection docurnents1halla short cowse cup 03-04\2015 halla shop course cup 03-04 l -pecnon rrotice.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HALLA GREENS- PLANNING CASE NO. 05-39 CONDITIONAL USE PERMIT #03-04 RESTATED AND AMENDED CONDITIONAL 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota 3. Conditions. The Conditional Use Permit 2003-4 CUP — Planning Case 05-39 is issued for the construction of a golf course with a club house as shown in plans dated received January 6, 2006, with the following conditions: a Hours of operation shall be seasonal and limited to Civil Sunrise to Nautical Sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-07 SPR. 0 0 e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. £ No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. No exterior lighting shall be permitted with the exception of safety lights which include parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the parking lot and along the entrance driveway (total of five fixtures) may not exceed 15 feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures must meet ordinance requirements. All lights with the exception of the light located in the center island of the parking lot and the club house soffit lights, shall be shut off one hour after sunset. j. The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. k. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20% of one floor. Retail sales are limited to food, beverages, and golf -related items. 1. Hours of maintenance operation shall be limited to Civil Sunrise to Nautical Sunset. 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: March 20, 2006 0 0 CITY OF CHANHASSEN M (SEAL) WIN STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this—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. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 9:\plan\2005 planning cases\05-39 halla greens 03-07 site plan amendment\eup aUeement.dm CITY OF CAANBASSEN 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: 952.2271110 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 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.riti i March 12, 2014 Halla Family LP 495 Pioneer Trail Chanhassen, MN 55317 Re: Conditional Use Permit #03-04,Golf Course and Club House Dear Halla Family Management: o3 -o4 cuP 05 -39 According to City records, there is a conditional use permit for a golf course and club house recorded against your property located at 495 Pioneer Trail. The City must conduct an inspection to ensure the site is in compliance with the conditions of approval, as specified in the enclosed Conditional Use Permit dated March 20, 2006. An inspection of the property will take place on March 26, 2014. If the site is found to be in compliance, future inspections will occur annually. However, if the site is in violation of the conditions of approval, staff will work with the property owner to bring the site into compliance in a timely manner. Annual compliance inspections will be scheduled from the time of compliance. If you have questions or concerns, please contact me prior to the inspection date above, at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Planning Intern Enc. 9:\plan\cup iup wap\annual inspection documents%a la short course cup 03-04\2014 halla short course cup 03-04 inspection notice.doc Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HALLA GREENS- PLANNING CASE NO. 05-39 CONDITIONAL USE PERMIT #03-04 RESTATED AND AMENDED CONDITIONAL 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota 3. Conditions. The Conditional Use Permit 2003-4 CUP — Planning Case 05-39 is issued for the construction of a golf course with a club house as shown in plans dated received January 6, 2006, with the following conditions: a. Hours of operation shall be seasonal and limited to Civil Sunrise to Nautical Sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-07 SPR. e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lights which include parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the parking lot and along the entrance driveway (total of five fixtures) may not exceed 15 feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures must meet ordinance requirements. All lights with the exception of the light located in the center island of the parking lot and the club house soffit lights, shall be shut off one hour after sunset. j. The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. k. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20% of one floor. Retail sales are limited to food, beverages, and golf -related items. 1. Hours of maintenance operation shall be limited to Civil Sunrise to Nautical Sunset. 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: March 20, 2006 r CITY OF CHANHASSEN f:W (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_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. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 Vplan\2005 planning cases\05-39 halla greens 03-07 site plan amendment`cup ageemem.doc _ qJ, _os- 30( Pce • Document No. OFFICE OF THE A400659 COUNTY RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CARVER e: $ UN 19 50 C eck##: 13391A Certified Recorded on 11-05-2004 at 11:00 yu HM 0 PM C/ i 2004-11-05 IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Ooun/ n er. r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #034 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 3. Conditions. The permit is issued for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: a. Hours of operation shall be seasonal and limited to sunrise to sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. �ti , {CANNED 11 e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lighting. 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 terns of this conditional use permit is a criminal misdemeanor. Dated: September 15, 2003 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: — Tom Furlong, May AND: odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 1� "day of at�-j;2004 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. Nff(�Rk PU10C e< " KAREN J. ENGELHARDT J j�v Noinry blic Minnesota .'l' r .�� .ommission Expires 1l31(2005> VVVWvvvyvvNVWVM DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 gAplamsMshon course cup.doc Phomas J. Campbell Roger N. Knutson rhomas M. Scott Elliott B. Knetsch loel J. Jamnils kndrea McDowell Poehler Ylatthew K. Brokl' fohn F. Kelly Toren M. Mattick Henry & Schaeffer, III klina Schwartz 2raig R. McDowell Marguerite M. McCarron Bina M. Brandt ' Also licensed in wiaconsin 380 Corporate Center Curvc suite 317 • Eagan, MN 55121 i51.452-5000 :ar 651-452-5550 v .ck-1aw.mm 0 0 CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-madAddress: snelson(n�ck-law.com August 3, 2006 REC^rIVED Ms. Kim Meuwissen AUG 0 7 2006 Chanhassen City Hall ;ITY OF CHMHASSEP. 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - RECORDED DOCUMENTS ➢ Halla Greens—Planning Case No. 05-39 - CUP #03-04 — Restated and Amended Conditional Use Permit - Site Plan Permit — Restated and Amended Site Plan Agreement Dear Kim: Enclosed please find the following documents which have been recorded with Carver County in connection with the Halla Greens planning case: 1) Conditional Use Permit #03-04/Restated and Amended Conditional Use Permit dated March 20, 2006, which was recorded on May 12, 2006 as Abstract Document No. A441074. 2) Site Plan Permit/Restated and Amended Site Plan Agreement dated March 20, 2006, which was recorded on June 9, 2006 as Abstract Document No. A442980. Regards, CAMPBELL KNUTSON Pro ey Tonal Association R. Nelson, Legal istant SRN:ms Enclosures SCANNED 9 E Document No. A441074 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check#: 15736 Certified Recorded on 0512-2006 at o3:oo ❑ AM ( jPM 441074 `.d-� II II IIII II III('I III Cad W- Hanson, r County Recorder CITY OF CE ANHASSEN CARVER AND HENNEPIN COUNTIES, bIINNESOTA HALLA GREENS- PLANNING CASE NO. 05-39 CONDITIONAL USE PERNUT #03-04 RESTATED AND AMENDED CONDITIONAL 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 3. Conditions. The Conditional Use Permit 2003-4 CUP — Planning Case 05-39 is issued for the construction of a golf course with a club house as shown in plans dated received January 6, 2006, with the following conditions: a. Hours of operation shall be seasonal and limited to Civil Sunrise to Nautical Sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-07 SPR. N�h (ary3becG�+lao�, SCANNED 0 • e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lights which include parking lot lights, soffit lights and drive aisle lights. The height of the light poles in the parking lot and along the entrance driveway (total of five fixtures) may not exceed 15 feet. The remaining light fixtures may not exceed 4 feet in height. All light fixtures must meet ordinance requirements. All lights with the exception of the light located in the center island of the parking lot and the club house soffit lights, shall be shut off one hour after sunset. j. The applicantlowner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. k. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20% of one floor. Retail sales are limited to food, beverages, and golf -related items. 1. Hours of maintenance operation shall be limited to Civil Sunrise to Nautical Sunset. 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: March 20, 2006 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN Gerhardt, City Manager h The foregoing instrument was acknowledged before me this day of 2006, , 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 J#KIM T. MEUWISSENNotary Public -Minnesota Canmission Eyes Jen 31, 2010 g:Vlan\2005 planning c \05-39 halla greens 03-07 site plan amendm Acup agmen mdm 0 CITY OF CgMSEN 7700 Market Boulevard PO Boz 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: 952227.1160 Fax. 952.227 1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park d Recreation Phone. 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227 1404 Planning 6 Natural Resources Phone: 952.227.1130 Fax: 952 2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax. 952.227.1110 Web She wwwbohanhassen.mn.us 0 September 12, 2003 Dear Resident: 9 This letter is to notify you that the City Council will be reviewing the "Chanhassen Short Course" located at the southeast comer of the intersection of Pioneer Trail and Great Plains Boulevard on Monday evening, September 15, at 5:15 p.m. in the City Hall Council Chambers, 7700 Market Boulevard Should you have any questions, please feel free to call me at 952-227-1134 or e-mail at saliaff@ci.chanhassen.mn.us. Sincerely, Sharmeen Al-Jaff Senior Planner The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Smooth feed SheetsTM • ANDREW T RIEGERT 620 96TH ST W CHANHASSEN, MN 55317-8601 THOMAS E & BRENDA L ANDERSON 9371 FOXFORD RD CHANHASSEN, MN 55317-8685 MAGDY A & JUNE L EBRAHIM 521 PINEVIEW CT CHANHASSEN, MN 55317-8697 JAMES D & JANET M DINGEL 9351 FOXFORD RD CHANHASSEN, MN 55317-8685 WILLIAM GRATZ 9851 PIONEER CIR CHANHASSEN, MN 55317-8696 MICHAEL ROBERT NELSON 9870 PIONEER CIR CHANHASSEN, MN 55317-8696 GERALD R JR & SHELLY D COOK 7265 BUTTERSCOTCH RD EDEN PRAIRIE, MN 55346-3232 GERALD F & NANCY G SLOCUM 9920 DEERBROOK DR CHANHASSEN, MN 55317-8551 THOMAS J & KATHLEEN R GERTZ 10001 GREAT PLAINS BLVD CHASKA. MN 55318-9466 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN, MN 55317-8601 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN, MN 55317-8697 ROBERT FUGUE & KIMBERLY L HEIN-FUGLIE 9370 FOXFORD RD CHANHASSEN, MN 55317-8684 WENDELL & JACQUELINE SCHOTT 9350 FOXFORD RD CHANHASSEN, MN 55317-8684 CARVER COUNTY CARVER COUNTY GOVT CTR -ADMIN 600 4TH ST E CHASKA, MN 55318-2102 VIVEK KAUL & SHERYL R EBERT 14329 RAYMOND LN EDEN PRAIRIE, MN 55347-4178 KEN K HOLMBERG & NANCY J ROSSBERG 9885 RASPBERRY HILL CHASKA, MN 55318 - SHAWN S & NICOLA S SMITH 18614 CLEARVIEW DR MINNETONKA, MN 55345-6078 JEFFREY R & BARBARA C MICHELL 9961 DEERBROOK DR CHANHASSEN, MN 55317-8552 JAMES M HAUTMAN & DOROTHY D HAUTMAN 10095 GREAT PLAINS BLVD CHASKA, MN 55318-9466 0 Use template for 5160® ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN, MN 55317-8601 ROBERT W SCHOEWE 9611 FOXFORD RD CHANHASSEN, MN 55317-8689 RICHARD S & KATHERINE S ASPLIN 541 PINEVIEW CT CHANHASSEN, MN 55317-8697 DAVID J & SHARON K GATTO 9631 FOXFORD RD CHANHASSEN, MN 55317-8689 JOHN & ANNA MAE MAKELA 9860 RASPBERRY HL CHASKA, MN 55318-1180 BOYD S PETERSON 9860 PIONEER CIR CHANHASSEN, MN 55317-8696 JEFFREY B & CAROL G SORUM 9900 DEERBROOK DR CHANHASSEN, MN 55317-8551 DONALD E HALLA ETAL 10000 GREAT PLAINS BLVD CHASKA, MN 55318-9465 DENIS C & MARY E DUKER 9940 DEERBROOK DR CHANHASSEN, MN 55317-8551 STEPHEN M & NICOLE DRAGOS 9960 DEERBROOK OR CHANHASSEN, MN 55317-8551 AVERY® Address Labels Laser 51600D Smooth Feed SheetsTM DAVID R TEICH 1217 MONROE ST S SHAKOPEE, MN 553732062 Pi AVERY® Address Labels DAVID P & JUDY M WALSTAD 10071 GREAT PLAINS BLVD CHASKA, MN 55318-9466 6 Use template for 51600 JONATHAN T & GAYE L GUYTON 10083 GREAT PLAINS BLVD CHASKA, MN 55318-9466 Laser 51600 • i ez-1 MEMORANDUM CITY OF CIIANIIASSEN To: Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 From: Sharmeen Al-Jaff, Senior Planner Chanhassen, MN 55317 Administration Date: September 12, 2003 Phone: 952.227.1100 Fax: 952227.1110 Re: Update on Short Course Building Inspections Phone 952 227.1180 On September 8, 2003, the City Council reviewed and tabled action on this Fax: 952.227.1190 application. Questions were raised regarding the commercial well and its impact Engineering on surrounding property. Staff did some research and the following is our Phone: 952.227.1160 findings: Fax: 952.227 1170 Finance Source: Letter from Dale E. Homuth, DNR Regional Hydrologist and DNR WEB Phone: 952.227.1140 SIM Fax: 952.227 1110 b=://www.dnr.state.mn.us/waters/watermgmt section/MroELnations/interferenc Park & Recreation e.html Phcne. 952227.1120 Fax: 952.227.1110 The golf course must obtain a permit to drill such wells through the Minnesota Recreation Center Department of Health. The golf course will also have to apply for a water 2310 Coulter Boulevard appropriation permit from the DNR since they intend to pump more than Phone: 952.227.1400 Fax: 952.227.1404 1,000,000 gallons per year. Typically, the DNR needs to see a copy of the wen log and the test pumping results before they make decisions on DNR Planning & appropriation permits. Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Anyone who thinks his or her water supply is being affected b the golf course Y PP Y� g Y commercial well appropriation can file a well interference complaint with the Public Weds DNR. 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 WELL INTERFERENCE RESOLUTION PROCESS Senior Cerner Phone: 952.227.1125 Introduction Fax: 952.227,1110 When a high capacity well is pumping, a portion of the aquifer around it is Web Site www.ci.chanhassen.mn.us dewatered in a pattern known as a cone of depression. Wells located within the cone of depression may experience lower water levels and have problems getting water if water levels are lower than well pump. This condition is referred to as "well interference." Most well interference problems tend to be localized and short in duration, but being without water is a major inconvenience and can cause damage to well pumps. Some problems can be resolved by lowering the pump in The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. Todd Gerhardt • • September 12, 2003 Page 2 the well or installing a new well pump, but in some situations it may be necessary to construct a new water supply well. Minnesota Statutes 103G.261 establish domestic water use as the highest priority of the state's water when supplies are limited. Procedures for resolving well interferences are defined by Minnesota Rules 6115.0730. Domestic well owners and municipal water suppliers that have problems obtaining water and believe the situation is due to the operation of a high capacity well that pumps in excess 10,000 gallons per day or one million gallons per year can submit a well interference complaint to the Department for investigation. However, before the Department will investigate a well interference complaint the well owner must have the well inspected by a licensed well driller to determine if the water supply problems are related to the condition of the domestic well. Process 1. Contact your Area Hydrologist (40 kb) to request a Water Well Information and Complaint Questionnaire, or download the questionnaire (200 kb) from this page. 2. Submit the completed Water Well Information and Complaint Questionnaire to the appropriate DNR Regional Office for your county. A licensed well driller is required to complete parts B, C & D of the questionnaire. 3. The Regional Hydrologist will evaluate your complaint and determine whether an investigation is necessary. 4. Some investigations require that an aquifer pumping test be performed. The high capacity well would be pumped and water levels in the domestic well(s) involved in the complaint and possibly other wells in the area are measured to determine the extent of any well interference. 5. Aquifer test data and/or other information will be analyzed and a determination will be made regarding the existence and extent of the interference. 6. If the Department determines a well interference condition exists, the permitee will be required to perform one or more of the following actions within 30 days of notification: a. Request a modification or restriction of the permit in order to provide the affected well owner with an adequate domestic water supply. b. Negotiate a reasonable agreement with the affected domestic well owner(s). c. Request a public hearing. HYDROGEOLOGIC STUDY Engineering staff contacted Jon D. Peterson, with Bolton and Menk, Inc. The following are his comments regarding the hydrogeologic study: Based on my conversation with Teresa on Wednesday, we have developed an estimate for providing a hydrogeologic study for a proposed development. The intent of this study would be to determine the potential impact a new well, constructed in the Jordan aquifer, may have on existing residential wells in the vicinity. This study could be accomplished in one of two ways- Todd Gerhardt • • September 12, 2003 Page 3 1. A "paper" study could be conducted. This study would involve obtaining existing well records and geologic information in the study area, developing a conceptual hydrogeologic model, and performing an interference analysis. The estimated cost for such a study is $3,000, and the time frame is 2-4 weeks, depending on availability of existing well data. 2. The "paper' study outlined above could be expanded to include collection of field data for verification of model assumptions. This field data would include monitoring of existing well water levels and pumping rates, and test well pumping data (from the test well for the proposed water supply well). Depending on the size of the final proposed well, the test well could be constructed such that it could then be converted to the final supply well, pending the results of the hydrogeologic study. The estimated cost for such a study is $13,000 (not including test well construction), and the time frame is estimated to be 4-8 weeks. FISCAL IMPLICATIONS OF GOLF COURSE DEVELOPMENT Mr. Rusty Fifield with Hoisington Koegler Group Inc. was directed to perform Fiscal Implications of Golf Course Development. In a memo addressed to Kate Aanenson, Mr. Fifield wrote: This memo discusses the financial implications of development options for the Chanhassen Short Course project. This analysis assumes that the site could be developed with the following options: 1. Four housing units without municipal sanitary sewer and water. 2. Fifty-four housing units with municipal services. 3. Golf course with a club house. The analysis compares the estimated revenues generated from development alternatives in three areas: property taxes, permit fees and utility charges. In addition to the assumptions contained in the table, the analysis relies on the following factors: • City property tax rate: 30%. • Sanitary sewer lateral connection charge: $4,513. • Water lateral connection charge: $4,513. • Sanitary sewer trunk hookup charge: $1,440. • Water trunk hookup charge: $1,876. The housing values reflect the form of development anticipated on this site. The values for the golf course are based on a review of other comparable facilities. It must be noted that the values Todd Gerhardt • • September 12, 2003 Page 4 for the housing option with municipal services reflects future development. Services are expected to reach this area within ten years. At that future date, the average value per unit and the city's fee structure should be higher. This inflation will make total revenues greater than shown in the table. CONDITIONAL USE PERNUT "The City Council approves Conditional Use Permit 2003-4 for the construction of a golf course with a club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review 2003-7. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the city. 9. No exterior lighting shall be permitted with the exception of safety light." SITE PLAN REVIEW Todd Gerhardt • • September 12, 2003 Page 5 "The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the clubhouse and storage/maintenance building. b. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. L A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official Conditions: a. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. An accessible route must be provided to all facilities on the site. Todd Gerhardt • • September 12, 2003 Page 6 d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 7. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with MnDOT and Carver County permits for the new access. 12. Per MnDOT's review memo, dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13 be no impact to the suFFeuadingw The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. Todd Gerhardt • • September 12, 2003 Page 7 15. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." ATTACHMENTS 1. 103G.261 Water allocation priorities. 2. 6115.0730 WELL INTERFERENCE PROBLEMS INVOLVING APPROPRIATION. 3. Memo From Mr. Rusty Fifield dated September 12, 2003. Todd Gerhardt • • September 12, 2003 Page 8 Minnesota Statutes 2002. Table of Chapters 103G.261 Water allocation priorities. (a) The commissioner shall adopt rules for allocation of waters based on the following priorities for the consumptive appropriation and use of water: (1) first priority, domestic water supply, excluding industrial and commercial uses of municipal water supply, and use for power production that meets the contingency planning provisions of section 103G.285, subdivision 6; (2) second priority, a use of water that involves consumption of less than 10,000 gallons of water per day; (3) third priority, agricultural irrigation, and processing of agricultural products involving consumption in excess of 10,000 gallons per day; (4) fourth priority, power production in excess of the use provided for in the contingency plan developed under section 103G.285, subdivision 6; (5) fifth priority, uses, other than agricultural irrigation, processing of agricultural products, and power production, involving consumption in excess of 10,000 gallons per day; and (6) sixth priority, nonessential uses. (b) For the purposes of this section, "consumption' means water withdrawn from a supply that is lost for immediate further use in the area. (c) Appropriation and use of surface water from streams during periods of flood flows and high water levels must be encouraged subject to consideration of the purposes for use, quantities to be used, and the number of persons appropriating water. (d) Appropriation and use of surface water from lakes of less than 500 acres in surface area must be discouraged. (e) The treatment and reuse of water for nonconsumptive uses shall be encouraged. (f) Diversions of water from the state for use in other states or regions of the United States or Canada must be discouraged. Todd Gerhardt September 12, 2003 Page 9 Minnesota Rules. Table of Chapters 6115.0730 WELL INTERFERENCE PROBLEMS INVOLVING APPROPRIATION. Subpart 1. For new applications. If the commissioner determines that an adequate supply of water is available and that the proposed project is reasonable and practical as determined based on parts 6115.0670 and 6115.0680 to 6115.0720, but that there is a probable interference with public water supply well(s) and private domestic well(s) which may result in reducing the water levels beyond the reach of those wells, the following procedures shall apply: A. The applicant shall be responsible for obtaining and providing to the commissioner, available information including depth, diameter, nonpumping and pumping levels, quality, and well construction details for all domestic and public water supply wells located within the area of influence of the proposed appropriation well. B. The commissioner may require aquifer tests or other field tests to be conducted. C. The commissioner shall determine the probable interference with the domestic and public water supply wells based on theoretic computations using available information regarding the aquifer characteristics obtained from aquifer tests and/or from hydrologic studies, and the probable effects of lowering the water levels in the domestic and public water supply wells due to the proposed appropriation in the area. For public supply wells only the probable interference with that portion which is used for domestic water supply is considered. D. The commissioner shall provide the prospective appropriator with an evaluation of the nature and degree of effect of the appropriation on the water levels of the domestic well(s) and public water supply well(s). E. The commissioner shall not issue the permit until the applicant agrees to exercise any of the following options within 30 days after written notification by the commissioner: (1) accept a modification or restriction of the permit application to provide for an adequate domestic water supply; or (2) submit a written agreement signed by the applicant and all parties identified under item C as having probable interference. Such agreement shall outline the measures that will be taken to ensure maintenance of water supplies to such identified parties to the extent that would have existed absent the proposed appropriation. In cases where no agreement can be reached, the commissioner shall implement the settlement procedure identified in item D. Subp. 2. For existing permits. If complaints are made to the commissioner by private domestic well owner(s) or public water supply authority regarding the effects of a water appropriation on the domestic water supplies, the following procedures shall be followed: Todd Gerhardt • • September 12, 2003 Page 10 A. The commissioner shall provide complaint forms to the parties making the complaint, thereafter referred to as "complainant." B. Upon receipt of the completed complaint forms the commissioner shall notify the permittee, the applicable watershed district, and the soil and water conservation district and any other governmental agency or person who may be affected or has expressed interest in the complaint. C. The commissioner shall investigate and assess the complaint by: (1) Analyzing and evaluating the submitted complaint forms, hydrologic facts and characteristics of the water supply systems involved. (2) Requesting additional facts from the complainant(s) and the permittee when necessary. In order to assure that available data on domestic well(s) are provided, the complainant shall cooperate with the permittee in providing such facts as may be available and allowing the commissioner access to obtain necessary available facts. If the complainant does not cooperate in providing available facts or allowing the commissioner access to the domestic well(s), the commissioner shall dismiss the complaint. (3) Conducting, if necessary, a field investigation. (4) Additional hydrologic tests and evaluation shall be required if hydrologic information is unavailable or inadequate to make a determination of necessary facts in the matter. For irrigation appropriations, the timing and conduct of such tests shall be in accordance with the provision of Minnesota Statutes, section 103G.271, subdivision 3, relating to modifying or restricting appropriation for irrigation. (5) In evaluating the probable influence of the water appropriation on the domestic well(s) and public water supply well(s) the commissioner shall consider whether the domestic well(s) provides a dependable water supply while meeting the appropriate health requirements for the existing use of the affected well. For public water supply wells only the probable interference with that portion which is used for domestic water supply is considered. D. Where adverse effects on the domestic well(s) are substantiated, the commissioner shall notify the permittee of the facts and findings of that complaint evaluation. In the event that the commissioner determines that the domestic water supply is endangered the commissioner shall, pursuant to part 6115.0750, subpart 7, unless a temporary solution is worked out, restrict or cancel the appropriation until such time as a decision has been made by either negotiation, settlement, or hearing. E. The permittee shall within 30 days after written notification by the commissioner take appropriate action by exercising any of the following options: Todd Gerhardt . • September 12, 2003 Page 11 (1) Requesting the commissioner to modify or restrict the permit in order to provide for an adequate domestic water supply. (2) Negotiating a reasonable agreement with the affected well owner(s). If no agreement is reached, the settlement procedure outlined in subpart 4 shall apply; or (3) Requesting a public hearing. Subp. 3. New domestic wells installed after appropriation permits have been issued. In the event that new domestic wells, exempt from permit requirements, are installed in area of adequate ground water supplies where permits have been issued for appropriation the following shall apply: A. It shall be the responsibility of the prospective new domestic well owner to ensure that the new domestic well will be constructed at adequate depth so that it will provide an adequate domestic water supply which will not be limited by the permitted appropriation. B. Holders of valid permits for appropriation of water in areas where adequate water supplies are available shall not be responsible for well interference problems, involving new domestic wells exempt from permit, when such exempt domestic wells are installed subsequent to authorized appropriation. Subp. 4, Settlement. If the applicant or permittee and the complainant(s) have been unable to negotiate a reasonable agreement pursuant to subparts 1, item E and 2, item E, the following procedure shall be implemented: A. The applicant or permittee shall submit to the complainant a notarized written offer including a statement that the complainant must respond in writing to the commissioner within ten days from the receipt of the offer either accepting the offer or explaining why it is rejected. The offer must be submitted to the complainant with a copy to the commissioner within 40 days after the receipt of the written notification provided in subparts 1, item E and 2, item E, based on the following: (1) If an existing domestic well provides an adequate domestic water supply which meets state health standards, and such well no longer serves as an adequate supply because of the proposed or permitted appropriation in the vicinity the applicant or permittee shall be responsible for all costs necessary to provide an adequate supply with the same quality and quantity as prior to the applicant's or permittee's interference. (2) If an existing well provides an adequate domestic water supply but does not meet state health standards and such well would no longer serve as an adequate supply because of the proposed or permitted appropriation in the vicinity, the applicant or permittee shall be Todd Gerhardt • September 12, 2003 Page 12 responsible for that portion of costs of providing an adequate water supply, but shall not be responsible for those costs necessary to bring the domestic well(s) to state health standards. B. The complainant shall, within ten days from the receipt of the notarized written offer, respond to the commissioner in writing either accepting the offer or making argument on why the offer is not reasonable. If no response is received from the complainant, within the time limit, the commissioner shall dismiss the complaint. C. If the offer is not accepted, the commissioner shall make a decision based on the written offer and arguments and available facts, within ten days as follows: (1) that the applicant or permittee has submitted a reasonable offer, the commissioner shall issue or continue the permit involved; (2) that the applicant or permittee has not submitted a reasonable offer, the commissioner, after notice and opportunity for hearing, shall deny, modify, or terminate the permit involved; (3) that there is a need for a public hearing in which case it is ordered. STAT AUTH: MS s 103G.315; 105.415 Current as of 11/13/02 To: From: Subject: Date: 0 0 Hoisington Koegler Group Inc. Kate Aanenson Rusty Fifield Fiscal Implications of Golf Course Development September 12, 2003 This memo discusses the financial implications of development options for the Chanhassen Short Course project. This analysis assumes that the site could be developed with the following options: 1. Four housing units without municipal sanitary sewer and water. 2. Fifty-four housing units with municipal services. 3. Golf course with a club house. The analysis compares the estimated revenues generated from development alternatives in three areas: property taxes, permit fees and utility charges. In addition to the assumptions contained in the table, the analysis relies on the following factors: • City property tax rate: 3001b. • Sanitary sewer lateral connection charge: $4,513. • Water lateral connection charge: $4,513. • Sanitary sewer trunk hookup charge: $1,440. • Water trunk hookup charge: $1,876. The housing values reflect the form of development anticipated on this site. The values for the golf course are based on a review of other comparable facilities. It must be noted that the values for the housing option with municipal services reflects future development. Services are expected to reach this area within ten years. At that future date, the average value per unit and the city's fee structure should be higher. This inflation will make total revenues greater than shown in the table. 123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 w .hkgixom Direct (612) 252-7133 Email rusty@hkgi.com 0 0 Fiscal Implications of Golf Course Development September 12, 2003 Page 2 Residential - No Munidpal Services Sanitary Saver Water Total Tax 9uilcing lateral Trunk Lateral Trunk Fontes Emy/Wt Total EMV ( ad y ON Taxes Parn its Qxnedion Flookup Om edim F bokl D 4 350,000 1,400,000 14,000 4,200 16,000 0 0 0 0 Residential - With Munidpal Services Golf Oaurse (Short Wurce) Water Lateral Trude Sanitary Saver Trial Tau Bril(ing Lateral Trunk I bores BVN/l hit Total ON fly Oty Taxes Farrrits Oxnsdion Hooku 54 350,000 18,900,000 189,000 56,700 216,000 243,702 77,760 Golf Oaurse (Short Wurce) Water Lateral Trude Oxnedion Water 243,702 101,304 840,OC)O 16,050ADO 0 0 0 0 Sanitary Saver Water Total Tao( Biking Lateral Trunk Lateral Trunk City OlyTaxes Prntits Oxneticn l Oxriedion Hxkup 840,OC)O 16,050ADO 0 0 0 0 Status Report > 5113105 PLAN.OR2 Securities Start -- Due - 5/13/05 7/13/05 F LC#703129 expires 7/13/05 CAS ts� Short Course 0347 Site Plan $6,300 Notify Sharmeen Al-faff NOTE: LC automatically renews for successive one-year periods 0AM DwdOpnrao� W7 MMZMPM 4 P=P&" P4,1 IRREVOCABLE LETTER OF CREDIT To: City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Dear Sir or Madam: We hereby issue, for the account of Ronald S. Saatzer/SMG, Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $6300.00, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 703129, dated July 13, 2004 of Community Bank Chanhassen." b) Be signed by the Mayor or City Manager/Clerk of the City of Chanhassen. c) Be presented for payment at Community Bank Chanhassen, on or before 4:00 am on July 13, 2005. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be 7/13/05, of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Blvd, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credits all be dul honored upon presentation. By: Wi i axler, President CITY OF CHANHAREN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 T0: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OFIRANSMITTAL 7/30/04 Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/28/03 03-6 2003-6 Site Plan Permit (Building "B" -Lot 2, Block 1, Arboretum Shopping Center 1 7/28/03 03-2 2003-2 Conditional Use Permit (Building "B" -Lot 2, Block 1, Arboretum Shopping Center 1 4/26/04 04-1 2004-1 Site Plan Permit (Highlands of Bluff Creek 1 4/26/04 04-1 1 2004-1 Conditional Use Permit (Highlands of Bluff Creek 1 9/15/03 03-7 2003-7 Site Plan Permit Chanhassen Short Course 1 12/8/03 03-10 2003-10 Site Plan Permit Lot 1, Block 1, Park Nicollet 1S Addition 1 4/12/04 04-10 2004-10 Conditional Use Permit Walnut Grove 2no Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED. m Meuwissen.f952 7-1107 H enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN SITE PLAN PERMIT 1103-7 SPECIAL PROVISIONS AGREEMENT dated September 15, 2003, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and SMG, Inc., (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a the construction of a Club House and a Maintenance Building for a golf course (referred to in this Permit as the "project"). The land is legally described as: Lots 1, 2, 3, 4, 5, 6, 7, and 9, Block 2; and Lots land 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: • Plan A (1) -Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. 0 0 • Plan B (2) -Grading Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan C (3) -Buffer Yard Planting Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan D (4)- Club House Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berguist, Inc. • Plan E (5)- Construction Details dated July 18, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan F —Site Map/Property Description dated July 18, 2003, prepared by Sathre- Berquist, Inc. • Plan G- Elevations dated August 13, 2003, prepared by Lester. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 15, 2004. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $6,300 (Landscaping, Grading and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of the improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Ron Saatzer / SMG, Inc. 9450 Foxford Road Chanhassen, MN 55317 (952)994-7794 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard, P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 2 0 0 7. Other Special Conditions. On September 15, 2003, the City Council adopted the following motion: SITE PLAN REVIEW "The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: A. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4. B. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. C. No vegetation may be removed within the bluff impact zone. D. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. E. Fire Department Conditions: 1. Contact the Building Official and Fire Marshal to discuss the sprinkling requirements for the clubhouse and storage/maintenance building. 2. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 3. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. 4. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. 6. A post indicator valve will be required on any building that will have a sprinkler system. 7. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 0 �J F. Building Official Conditions: 1. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined 2. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. An accessible route must be provided to all facilities on the site. 4. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. 5. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 6. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. G. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. G. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. H. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. L Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. The applicant is responsible to obtain and comply with MnDOT and Carver County permits for the new access. K. Per MnDOT's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 2 0 9 L. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) G. Comply with all conditions of the Carver County review letter dated 8/29/03. H. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: Ze odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 2 day of , 2004, 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 J NODRY PUBLIC _ KAREN J. ENGELHARDT Noury Public- Minnesota Qd My Commission Expires 1/31/2005 MfMNV V W VNWNNNNNOIN�✓ 0 STATE OF NIINNESOTA ) (SS COUNTY OF CArVeY ) 0 BY: Its O The foregoing instrument was acknowledged before me this��tday of, 2004 by one SCI S. San+Z-er- NOTARIY PUBLIC KIM T. MEUMSSEN Notary Public - Minnesota CARVER COUNTY My Commission Expires 10/2005 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this -a day of Ty 1— 2004 By �.J STATE OF NIINNESOTA ) COUNTY OFAp/Wf,Q7 J) The foregoing instrument was acknowledged before me this � day of 7 X4 - , 2004, by -Od-W)l Z-0 ANN M. NIALDSCNMIDT, ° NOTARY ?UB00—MMNESOTA .'Y Cc. --.M. rhes JaL 31, 2005 5 i.,....... VVVIt� City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 N TARY PUBLIC 0 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 0 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the 0 0 completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan, schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C) shall be warranted to be alive, of good quality, and disease-free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 0 0 Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by it and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed 10 • from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. 11 Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 12 0 0 City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 , 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #034 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 3. Conditions. The permit is issued for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: a. Hours of operation shall be seasonal and limited to sunrise to sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to Out the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. I e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. L No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lighting. 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: September 15, 2003 • 0 CITY OF CHANHASSEN �^ -7— BY: -0-"'L Tom Tom Fuming, Mayor (SEAL) I:�►1IOD STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) Gerhardt, City Manager The foregoing instrument was acknowledged before me this;,75 tay of , 2003, 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. i► ' Y • C City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 ,AAAAA-AMAAAA""AAI> L_ KAHEN J. ENGELHARD. j Notary Public- Minnesota MyCommissionfxpiresll3112005> VVVVVVVVVVVV : 03-C� SF Document*. OFFICE OF THE A399692 COUNTY RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FS$ CARVER 9 50 UN MINNESOTA heck# 13225 Certified Recorded on 10-25-2004 at 11:00 WAM ❑PM IIIIIIIIIIIIIIIIIIIIIIIIIIII 2004-10 -25 Carl W. an n, Jr. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII County Rec rder CITY OF CHANHASSEN SITE PLAN PERMIT #03-7 SPECIAL PROVISIONS AGREEMENT dated September 15, 2003, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and SMG, Inc., (the "Developer'). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a the construction of a Club House and a Maintenance Building for a golf course (referred to in this Permit as the "project"). The land is legally described as: Lots 1, 2, 3, 4, 5, 6, 7, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: • Plan A (1) -Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. �_7� c4r- WAMED • • Plan B (2) -Grading Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan C (3) -Buffer Yard Planting Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan D (4)- Club House Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berguist, Inc. • Plan E (5)- Construction Details dated July 18, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan F —Site Map/Property Description dated July 18, 2003, prepared by Sathre- Berquist, Inc. • Plan G- Elevations dated August 13, 2003, prepared by Lester. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 15, 2004. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $6,300 (Landscaping, Grading and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of the improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Ron Saatzer / SMG, Inc. 9450 Foxford Road Chanhassen, MN 55317 (952) 994-7794 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard, P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 2 7. Other Special Conditions. On September 15, 2003, the City Council adopted the following motion: SITE PLAN REVIEW 'The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: A. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4. B. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. C. No vegetation may be removed within the bluff impact zone. D. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. E. Fire Department Conditions: 1. Contact the Building Official and Fire Marshal to discuss the sprinkling requirements for the clubhouse and storage/maintenance building. 2. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 3. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. 4. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. 6. A post indicator valve will be required on any building that will have a sprinkler system. 7. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 0 0 F. Building Official Conditions: 1. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. 2. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. An accessible route must be provided to all facilities on the site. 4. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. 5. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 6. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. G. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. G. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. H. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. I. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. J. The applicant is responsible to obtain and comply with MnDOT and Carver County permits for the new access. K. Per MnDOT's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 4 0 r� U L. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) G. Comply with all conditions of the Carver County review letter dated 8/29/03. H. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY:—7 ems-'= A Z, Tom Furlong, Mayor AND: /1� L,Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of 2004, 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 5 NOjfAJI2Y PUBLIC AAAAAAAAAAAAAAAAAAh> `X. KAREN J. ENGELHARDT NotaryPublio- Minnesota My Can vvwfV4? 0 DEVELOPER: SMG, Inc. BY: Its O President STATE OF NHNNESOTA ) (ss COUNTY OF Car V2Y ) The foregoing instrument was acknowledged before me this/ -day of�J–L, A,/, 2004by4�0rlCjej S S00+ZP1- the Owner/President of SMG, Inc., on its behalf. T �n I /tn/t I 1 r /p 18KNotary Public - Miumota IM T. MEUVVISSENIRVER COUNTY My Comm ssion Expires 11312005 0. r CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this -a day of U L 2004 .Y—2)"'4e , 6. 0 Its 4!7yw� STATE OF MINNESOTA ) ( ss COUNTY OFIIfMitlb�7n)) The foregoing instrument was acknowledged before me 2004, by 'Al W'V '- o C. t44Lc 4 e +ANN M. VIALDSCNMIDT VOTAU PUBLIC-MVEJE TA .'YC--- ExPir88Jm131.2D0$ t.. _.....wIr�r✓+wVvvwW.rvww� • � :xr . City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 this day of NOTARY PUBLIC L CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan, schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C) shall be wan -anted to be alive, of good quality, and disease-free at the time of planting. All trees shall be wan -anted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. L'] 0 0 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by it and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed 10 0 0 from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. 11 9 0 I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 12 City of Chanhassen; 0 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer conceming neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 September 18, 2003 MY OF 7700 Market Boulevard W. Ron Saatzer/SMG, Inc. PO Box 147 9450 Foxford Road Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Dear Mr. Saatzer: Fax: 952.227.1110 No outdoor speaker system shall be permitted (individual pager systems Building Inspections This letter is to formally notify you that on September 15, 2003, the City Council Phone: 952.227.1180 adopted the following motion: Fax: 952.227.1190 Engineering CONDITIONAL USE PERMIT Phone: 952.227.1100 Fax: 95 2.2.227.14.1404 Fax: 952.227.1170 "The City Council approves (Wtional Use Permit 20034lfor the construction of a golf course with a club house as shown in plans dated August 25, 2003, with Finance Planning A Phone: 952.227.1140 the following conditions: Fax 952.227.1110 Senior center 5. Soil tests must be performed at least once a year. Results of all soil Phone: 952.227.1125 p y Fax: 952.227.1110 testing must be submitted to the City of Chanhassen. In addition, annual Web site reports detailing all applications of fertilizer (including nutrient content www.ci,chanhassen.mn.us for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. 1. Hours of operation shall be seasonal and limited to sunrise to sunset. Parka Recreation Phone: 952.227.1120 Fax 952.227.1110 2. No outdoor speaker system shall be permitted (individual pager systems Recreation Center are permissible). 2310 Coulter Boulevard Phone:2.2400 3. No commercial kitchen shall be permitted in the club house. There shall Fax: 95 2.2.227.14.1404 be no cooking equipment permitted on the premises with the exception Planning A of a microwave oven, pizza/toaster oven, etc. The intent of this Natural Resources condition is to put the golf course operator on notice. The proposed Phone: 952.227.1130 Fax:952.227.1no septic system design does not allow for any cooking grease to be disposed of through the system, which will cause the system to fail. Public Works 1591 Park Road Phone: 952.227.1300 4. Approval of the Conditional Use Permit is contingent upon approval of Fax: 952.227.1310 Site Plan Review 2003-7. Senior center 5. Soil tests must be performed at least once a year. Results of all soil Phone: 952.227.1125 p y Fax: 952.227.1110 testing must be submitted to the City of Chanhassen. In addition, annual Web site reports detailing all applications of fertilizer (including nutrient content www.ci,chanhassen.mn.us for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Mr. Ron Soer • September W, 2003 Page 2 fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the city. 9. No exterior lighting shall be permitted with the exception of safety light." SITE PLAN REVIEW "The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 20034. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinkler requirements for the clubhouse and storage/ maintenance building. b. If a fire hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Mr. Ron 'er . September78, 2003 Page 3 This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. L A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official Conditions: a. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. In. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. 8. The applicant must submit detailed architectural plans for the clubhouse and maintenance building that meet the design ordinance requirement. Mr. Ron Ser • September*2003 Page 4 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with MnMT and Carver County permits for the new access. 12. Per MnDOT's review memo, dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. 15. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." Attached is a Site Plan Agreement that states the conditions of approval. Please sign the document, have it notarized, and return it to my office for recording with Carver County. A building permit cannot be issued until the Site Plan Agreement has been executed and recorded at Carver County and financial guarantees have been submitted to the City. If you have any questions, please contact me at 952-227-1134. Sharmeen AI-Jaff Senior Planner 617 c: Don Halla 6601 Mohawk Trail Edina, MN 55439 J 0 0 CITY OF CHANHASSEN SITE PLAN PERMIT #03-7 SPECIAL PROVISIONS AGREEMENT dated September 15, 2003, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and SMG, Inc., (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a the construction of a Club House and a Maintenance Building for a golf course (referred to in this Permit as the "project"). The land is legally described as: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots I and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: • Plan A (1) -Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. 1 0 0 • Plan B (2) -Grading Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan C (3) -Buffer Yard Planting Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan D (4)- Club House Site Plan dated July 18, 2003, revised August 25, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berguist, hic. • Plan E (5)- Construction Details dated July 18, 2003, prepared by Herfort Boby Golf Course Architects and Sathre-Berquist, Inc. • Plan F —Site Map/Property Description dated July 18, 2003, prepared by Sathre- Berquist, Inc. • Plan G- Elevations dated August 13, 2003, prepared by Lester. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 15, 2004. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $6,300 (Landscaping, Grading and Erosion Control). This amount has been calculated at a rate of 110% of the actual value of the improvement. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Ron Saatzer / SMG, Inc. 9450 Foxford Road Chanhassen, MN 55317 (952) 994-7794 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard, P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 0 0 7. Other Special Conditions. On September 15, 2003, the City Council adopted the following motion: SITE PLAN REVIEW "The City Council approves Site Plan Review 2003-7 for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: A. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4. B. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. C. No vegetation may be removed within the bluff impact zone. D. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. E. Fire Department Conditions: 1. Contact the Building Official and Fire Marshal to discuss the sprinkling requirements for the clubhouse and storage/maintenance building. 2. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 3. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. 4. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. 6. A post indicator valve will be required on any building that will have a sprinkler system. 7. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 3 0 0 F. Building Official Conditions: 1. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. 2. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. An accessible route must be provided to all facilities on the site. 4. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any constriction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. 5. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 6. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. G. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. G. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. H. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. I. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. J. The applicant is responsible to obtain and comply with MnDOT and Carver County permits for the new access. K. Per MnDOT's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. El 0 L. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) M. Comply with all conditions of the Carver County review letter dated 8/29/03. N. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." & General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN i!116 (SEAL) �1t STATE OF NHNNESOTA ) (sS COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this --day of , 2003, 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. 5 NOTARY PUBLIC 0 0 DEVELOPER: M Its STATE OF MINNESOTA ) (SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003 by 0 NOTARY PUBLIC CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of STATE OF MINNESOTA ) (ss COUNTY OF ) KGrIli Its The foregoing instrument was acknowledged before me this day of , 2003, by City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 7 NOTARY PUBLIC 0 0 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site plan has been recorded with the County Recorders Office of the County where the project is located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the 0 0 completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan, schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C) shall be warranted to be alive, of good quality, and disease-free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 0 0 Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by it and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed 10 0 0 from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster s request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. 11 0 I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 12 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold ham -Jess the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 GUI • •7 03 -� City Council Special Meeting Summary — September 15, 2003 taxes year to year. Staffs recommendation is to increase the total levy by only the real growth which would keep taxes flat and by it's very nature lower the tax rate on residents property values. Just because your assessed value goes up, your property taxes would stay the same so the dollar you pay in taxes relative to assessed value would go down. My goal is to maintain taxes and get the debt service properly handled. Todd Gerhardt stated that staff was recommending City Council adopt staffs recommendation and over the next 2 months sit down with the council, get some input from our consultants to see where the state might be going this coming year and play with those numbers in November -December. Councilman Ayotte felt we ought to adopt what staff has recommended and see how we work towards a resolution from now til the December 1, December 8 timeframe. Councilman Lundquist stated he was tending to side right now more with keeping the total impact flat. With the potential for some utility increases and other things, hook-up charges to offset some of the water treatment things coming up, I'm not prepared right now to say that we should be taxing our residents any more. Bruce DeJong stated I don't have that figure in front of me but it looked like it would take $133,000 reduction in the tax levy in order to hold it to a zero on an individual homeowner. He stated you run the risk of not taxing the real growth of the city. Resolution #2003-80: Councilman Labatt moved, Councilman Ayotte seconded that the City Council adopt a tax levy of $6,657,060 for the General Fund and a levy of $2,215,607 for debt service. All voted in favor, except Mayor Furlong and Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 2. SHORT COURSE. Public Present: Name Address Nancy & Ken Holmberg Robert Boecker Boyd Peterson Gaye Guyton Kevin Norby Ron Saatzer Sharon Gatto Don Halla 9885 Raspberry 610 West 960'Street 9860 Pioneer Circle 10083 Great Plains Boulevard 6452 City West Parkway, Eden Prairie 9450 Foxford Road 9631 Foxford Road 6601 Mohawk Trail Kate Aanenson stated this item was tabled for staff to get some additional information regarding fiscal impact and more information on what was intended with a water study. Councilman Ayotte asked for clarification on why the cost of the hydrogeologic study and the DNR information wasn't known earlier. Councilman Lundquist moved, Councilman Peterson seconded to approve Conditional Use Permit #20034 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 0 City Council Special Meeting Summary — September 15, 2003 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. 5. Soil tests must be performed at lea submitted to the City of Chanhassen. of fertilizer (including nutrient c application rate in pounds per acre; applied) must be submitted to th phosphorus may be applied unless phosphorus. t once a year. Results of all soil testing must be In addition, annual reports detailing all applications intent for nitrogen, phosphorus and potassium; date of application; and total quantity of fertilizer City of Chanhassen. No fertilizer containing the soil test results demonstrate a deficiency in 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the City. 9. No exterior lighting shall be permitted with the exception of safety lighting. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Councilman Lundquist moved, Councilman Peterson seconded to approve Site Plan Review #2003-7 SPR for the construction of a Club House and Maintenance Building for a golf course as shown on plans dated August 25, 2003, subject to the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of the Conditional Use Permit. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: City Council Special Meeting Summary — September 15, 2003 • a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the club house and storage/maintenance building. b. If a fire hydrant is available, a 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. C. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. f. A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official conditions: a. Submit a detailed floor plan of the club house so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. C. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. Engineering Department conditions: City Council Special Meeting Summary — September 15, 2003 a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen latest Detail Plate Numbers: 5201, 5203, 5207, 5300 and 3001. C. The applicant is responsible to obtain and comply with all regulatory agency permits. d. On the grading plan add a benchmark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with a MnDot and Carver County permit. 12. Per MnDot's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. 15. Comply with all conditions of MnDot review letter dated 8/26/03. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The special City Council meeting was adjourned at 5:35 pm. Submitted by Todd Gerhardt City Manager Prepared by Nana Opheim 0 City Council Special Meeting — September 15, 2003 Councilman Peterson: I don't think it needs to be done. Councilman Labatt: I think staff has a direction from our comments here of what we want 12/1 but what my motion is, get on with this. Councilman Ayotte: Then my second holds as is. Thank you. Mayor Furlong: Okay, thank you. Is there other discussion? If there's no other discussion we'll proceed with the vote without objection. Resolution #2003-80: Councilman Labatt moved, Councilman Ayotte seconded that the City Council adopt a tax levy of $6,657,060 for the General Fund and a levy of $2,215,607 for debt service. All voted in favor, except Mayor Furlong and Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 2. Councilman Peterson: In response to that I would like to go on record by saying, I voted for that on the simple basis of the numbers are fluid enough where I believe that the goal and I think certainly Councilman Ayotte is supporting that as, probably all of our goal is to have the flat tax and whether it's a 2.7 percent that comes up, that is a flat tax, so be it. My goal is today that and working down from there so. Thank you. Mayor Furlong: Thank you. Public Present: Name Address Nancy & Ken Holmberg Robert Boecker Boyd Peterson Gaye Guyton Kevin Norby Ron Saatzer Sharon Gatto Don Halla 9885 Raspberry 610 West 9e Street 9860 Pioneer Circle 10083 Great Plains Boulevard 6452 City West Parkway, Eden Prairie 9450 Foxford Road 9631 Foxford Road 6601 Mohawk Trail Mayor Furlong: This is a continuation from our last meeting. There were some questions raised. Is there a staff report? Kate Aanenson: Yes, thank you. I'll be brief. This item was tabled for the staff to get some additional information regarding fiscal impact and a little bit more information on what was intended with a water study. I've given you a copy of the standards from the DNR. What triggers the well study is the fact that they'd be using over a million gallons of water per year, so that does have certain standards that the DNR would require. And I'm looking at this paper study that the staff is recommending would be about $3,000 but the fact of the matter is, is the DNR 17 City Council Special Meeting — September 15, 2003 permit process would require the same scoping level and that would be the fact as stated in the letter that they would have to submit, the applicant being they, would have to submit air photos and location of all existing domestic wells within a one mile radius, and all production wells within a mile and a half, so they have to do that study themselves so by us putting a condition duplicates that same process. Then to carry it further, if the council was looking at that, there would be another scoping level on top of that but I believe that the DNR permit should be adequacy, which is a requirement anyway, and it would be their jurisdiction so kind of keep us out of that and let them respond to that. The second request you had was to look at the, on the fiscal impact so the city manager and myself did work with Hoisington Koegler and their fiscal person to kind of get a summary, which we put in the report of what it could be today, which would be 4 units an acre, and ultimately when it would come in for development at low density, approximately 44 housing units and that would assume storm water ponding, right-of-way and that sort of thing. How many houses they could get, and then the golf course with a club house. And really that was just really for your edification. There wasn't any comment or recommendation on that. It was just to provide you with some additional information. So with that staff is recommending approval with the condition that they get the permits through the DNR. Mayor Furlong: Thank you. Any questions for staff? Councilman Ayotte: I've got one. Mayor Furlong: Councilman Ayotte. Councilman Ayotte: Okay, we get the staff report that gives the hydro, I've got to look at it again. Councilman Lundquist: Hydrogeologic. Councilman Ayotte: Thank you. $3,000 if existing well data existed. I called today, we find out the existing well data existed. I want to know why we couldn't get that information when we got the initial staff report, and I suspect that the DNR information that you provided today, this information could have been known earlier also, so why didn't we have that piece of information earlier? Todd Gerhardt: Councilman Ayotte, Mayor, City Council. This is our fust go around in dealing with a well of this size in many years. This was an education for my staff, for the council. I think even for the applicant and the neighborhood, and it was a learning ground for everybody as we deal with this. Typically when you come in for a residential well, you go get the permit and you don't have to go through these but when you talk about a commercial well this size, there's a little more detail that goes along with it. Councilman Ayotte: I'll accept that, learning curve then. Ahight. Todd Gerhardt: So it was more of a learning curve. Mayor Furlong: Thank you. Any other questions? For staff. If not we'll bring it back to council for discussion. Is there any discussion on the proposal? Councilman Peterson: Let's move it on. 18 0 0 City Council Special Meeting — September 15, 2003 Councilman Ayotte: I agree. Mayor Furlong: If there's no discussion, is there a motion? Councilman Lundquist: I would move that we approve Conditional Use Permit #2003-4 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with conditions 1 through 9. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on the motion? Hearing none we'll proceed to the vote without objection. Councilman Lundquist moved, Councilman Peterson seconded to approve Conditional Use Permit #2003.4 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the City. 9. No exterior lighting shall be permitted with the exception of safety lighting. 19 City Council Special Meeting — September 15, 2003 All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: Motion prevails. Is there any discussion or is there a motion on the site plan review? Councilman Lundquist: I would move that the City Council approve Site Plan Review #2003-7 for the construction of a club house a maintenance building for a golf course as shown on plans dated August 25, 2003, with conditions 1 through 15. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Is there any discussion on the motion? Todd Gerhardt: Mayor, I would include that the modification to item 13 be noted on that. Councilman Lundquist: Yeah, with the new condition with the DNR appliation. Mayor Furlong: So the condition from our prior meeting has changed from requiring a hydrogeologic study of the golf course to a condition that the applicant shall comply with all DNR permit requirements. Councilman Lundquist: So let's say conditions I through 15 as in, as written in the September 12, 2003 staff report. Todd Gerhardt: Thank you. Mayor Furlong: Good clarification. Any other discussion? If there's no, we'll proceed to the vote. Councilman Lundquist moved, Councilman Peterson seconded to approve Site Plan Review #2003-7 SPR for the construction of a Club House and Maintenance Building for a golf course as shown on plans dated August 25, 2003, subject to the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of the Conditional Use Permit. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the club house and storage/maintenance building. 20 I] City Council Special Meeting — September 15, 2003 In. If a fire hydrant is available, a 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. C. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. f. A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official conditions: a. Submit a detailed floor plan of the club house so the occupancy classification and fire suppression requirements can be determined. In. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. C. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 7. Engineering Department conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading 21 City Council Special Meeting — September 15, 2003 will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen latest Detail Plate Numbers: 5201, 5203, 5207.5300 and 3001. C. The applicant is responsible to obtain and comply with all regulatory agency permits. d. On the grading plan add a benchmark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with a MnDot and Carver County permit. 12. Per MnDot's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. 15. Comply with all conditions of MnDot review letter dated 8/26/03. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: Those being the items on our special meeting agenda, I'll ask if there's a motion to adjourn. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The special City Council meeting was adjourned at 5:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 22 City Council Summary —etember 8, 2003 a3--� REQUEST FOR A CONDITIONAL USE PERMIT AND SITE PLAN FOR A GOLF Public Present: Name Address Ron Saatzer 9450 Foxford Road Kevin Norby 6452 City West Parkway, Eden Prairie Denis C. Oukir 9940 Deerbrook Drive Gerald Slocum 9920 Deerbrook Drive David Walstad 10071 Great Plains Boulevard Kate Aanenson presented the staff report and gave an update from the Planning Commission. Councilman Peterson asked if the hydrologic study had been completed. Teresa Burgess stated the hydrologic study is something that was discussed with the Department of Health as being the only way to determine if this commercial well would have a negative impact on the surrounding wells. They did recommend it as an alternative to a wait and see, which was very concerning to the Planning Commission. Councilman Ayotte stated that due to the fact that we have a capacity issue in the city of Chanhassen, to what degree would this have an affect on that capacity. Teresa Burgess stated because it was far enough away from the city's well, it would not have an affect. Councilman Lundquist asked about the cost, length and extent of the hydrologic study. Mayor Furlong asked if the hydro -geological study would be paid for and provided by the applicant. He also asked staff to address the issues on traffic and traffic flow along Pioneer Trail and the left tum lane, right tum lane. Kevin Norby, the golf course architect addressed some of the concerns brought up by the Planning Commission. Mayor Furlong asked Rich Slagle to speak on behalf of the Planning Commission. Councilman Peterson stated he did not feel the water issues had been adequately addressed and was looking for information on the fiscal impact of putting a golf course in this area as opposed to residential development. Councilman Ayotte stated he favored Councilman Peterson's position of needing more information. Councilman Lundquist's position is that there are processes, procedures, permits, everything already in place in jurisdictions outside of our control. The DNR and the Department of Health, we have to trust that they're going to do their job as well. Not knowing the cost of something like that, he thinks it's unfair to burden this particular applicant with an unknown cost. Other businesses, Halla and Bluff Creek weren't burdened with it. It's not a common practice for golf courses to do these types of things. He felt the city was over stepping their bounds by putting an unnecessary condition on the applicant when there's already two state agencies or federal agencies that are in place to monitor and regulate that. Mayor Furlong stated he was hearing that the only other option is a wait and see type option, which while all indications are that it won't cause a problem, it'd be nice to know what the cost is. What the timeframe is to complete that hydrological study to find out if there's a problem up front rather than trying to address it after it happens. He liked to at least make sure to look at it diligently and get the information to find out whether or not this request for the study is onerous and burdensome or not. Roger Knutson explained how the normal well interference process works. Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the request for a conditional use permit and site plan for a golf course located at the southeast Colo City Council Summary—ptember 8, 2003 • corner of Great Plains Boulevard and Pioneer Trail. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. APPROVAL OF 2004 PRELIMINARY TAX LEVY. Public Present: Name Address Sam & Nancy Mancino Chanhassen Ron Saatzer 9450 Foxford Road Councilman Peterson asked about the timeframe issue due to the new information received over the weekend and the fact that one council member was not present. There was discussion between the council and the city attorney on the final filing date and whether the City Council could meet on the 15th and meet the requirements. It was felt as long as the City Council acted by the 15'" it would meet the filing requirements. Councilman Peterson moved, Councilman Lundquist seconded to continue the approval of the 2004 preliminary tax levy to Monday, September 15, 2003 at 4:00 p.m. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman Peterson provided an update on Southwest Metro Commission and the new additions to the transit center in Filen Prairie. Councilman Ayotte spoke about the water treatment committee and discussions with staff that water treatment is basically not only a question of capacity but distribution and compliance. He wanted to state on the record that the City Council needed to quickly identify a time line and that the action plan would not include the term quote study. The city needed to identify the requirements and the time line for those requirements with the cost of how to meet those requirements, especially with respect to capacity and with respect to compliance, as a part of that action plan. Statements to where we are and are not in compliance and at what risk to the city in those areas, and what is the likelihood of that not compliance. ADMINISTRATIVE PRESENTATIONS: None CORRESPONDENCE DISCUSSION: None Councilman Lundquist moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim rd City Council Meeting — Somber 8, 2003 • Public Present: Name Address Ron Saatzer 9450 Foxford Road Kevin Norby 6452 City West Parkway, Filen Prairie Denis C. Oukir 9940 Deerbrook Drive Gerald Slocum 9920 Deerbrook Drive David Walstad 10071 Great Plains Boulevard Kate Aanenson: Thank you. The applicant is requesting conditional use. This property is zoned A2 for a 9 hole golf course. It also includes, the application also includes a site plan review for two buildings on the property. As indicated this site is located on a plat that was vacated as part of the Halla subdivision, located at the intersection of 101 and Pioneer Trail. This application appeared before the Planning Commission two times. The first time it seemed like there was quite a few unresolved issues which the applicant worked hard to address, so they appeared before the Planning Commission at their August 19th meeting. Then again on the September 2°d meeting and I'd like to just kind of frame up what seemed to the major issues. One was well impact. A letter was given to the staff from the DNR looking at the well impact issues. They're the ones that would regulate that. A permit would be required for that through the guise of the DNR. There was also a concern from the neighbors and the Planning Commission about what the actual impact, whether that, some of the neighbors were deeply concerned about the impacts to the well, and that was further addressed by additional condition that was added by, now again this is outside the Planning Commission recommendations but the engineering staff did add a condition regarding, and that's on the cover report, regarding a hydrologic study. One of the things that for findings of a conditional use, on page 4, if you were to go to conditional use permit, there's actually two criteria. Number one would be, would not be detrimental to endanger the public health, safety and convenience or general welfare of the neighborhood. And number 6, will not create excessive requirements for public facility or services or detrimental to the economic welfare of the community. I think the Planning Commission was struggling trying to get an understanding of what their role was in the well issue. So having said that, the engineering staff just added that condition and even though the Planning Commission didn't put that in there, just for another layer of comfort. Another issue that was brought up was the phosphorus and that was addressed in the condition. The Planning Commission did take that out, that that be applied by a qualified person to do that. Another discussion was MnDot will be putting a road improvement at the intersection of 101 and Pioneer Trail which needs additional right-of-way so there was discussion at that time, that the landscaping that's proposed along those two streets would have to be moved. So at this time the staff s recommending that a security be posted and that that landscaping go in at the appropriate time. In conjunction with that there was a discussion on whether nets were appropriate at that intersection. Those two locations kind of along Pioneer Trail and 101. What MnDot's saying that they'd like to go back and re-evaluate to see if the trees that were in place as a part of the landscaping would be sufficient to mitigate that, so that's still a condition that may need to be mitigated, which will be evaluated in the future. So with those concerns, the Planning Commission after much discussion did recommend approval with the conditions in the staff report, and I did want to make the caveat that that additional condition that was pointed out in the cover letter was added by staff. So with that I'd be happy to City Council Meeting — *rnber 8, 2003 • answer any questions that you may have. Excuse me, I just forgot to mention the site plan real quick. The applicant is proposing two buildings on site. One for kind of a club house. There was a concern that, because it is a septic system, that it cannot be used for commercial purposes. That it wouldn't meet that demand and the applicant isn't proposing to do that at this time but as part of the conditional use we did address that. That there be no commercial kitchen with this. That doesn't mean that they couldn't serve snacks or something like that but there'd be no commercial kitchen with that. And I do have, from the discussion the Planning Commission spent some time on, because it's in an A2 zone, it's not in the downtown core, that we try to make it similar to probably what would be more residential in character so there'd be two buildings. One would be the club house and the other would be a storage unit, which we believe is consistent with what would be in the area so we are recommending you go with that. So with that. Mayor Furlong: Thank you. Questions for staff. Councilman Peterson: Kate, just to clarify. There has not been a hydrologic study completed, is that right? Kate Aanenson: No, there has not. Councilman Peterson: And that was, as I recall, one of the wishes of the Planning Commission and staff. Kate Aanenson: Well I think the Planning Commission debated whether or not what their role was and what the merit was on that. I think there was some discussion that was a private issue. They were looking at staff to look at it. I'm not sure there was concurrence so staff did add a condition, if the council felt that was something that was critical. Teresa Burgess: If I could clarify. That hydrologic study is something that we discussed with the Department of Health as being the only way to determine if this commercial well would have a negative impact on the surrounding wells and they did recommend it as an alternative to a wait and see, which was very concerning to the Planning Commission. Councilman Peterson: Okay, thank you. Mayor Furlong: Other questions for staff? Councilman Ayotte: Yeah. We do have a water capacity issue from an overall standpoint, so if, even if they do their own well, doing their own well will have to some measure an effect on the total capacity. True or false? Teresa Burgess: If it is determined in the future, this well is quite a ways away from our's so we should not see any interference. If it is determined in the future that this well interferes with potable use, which would be drinking water, whether city or the residents in the area, their permit would be revoked and we have a letter to that effect from the DNR. Councilman Ayotte: I'm not questioning, personally I like the idea of having the golf course so I'm not really concerned from that standpoint. What I'm trying to find out, irrespective of whether or not it has an effect on potable water. The fact that we have a capacity issue in the city of Chanhassen. If this to some degree would have an affect on that capacity, is that true or false? City Council Meeting — Sepember 8, 2003 • Teresa Burgess: False. Councilman Ayotte: Okay. I'm satisfied now, thank you. Mayor Furlong: Other questions? Councilman Lundquist: The, either for Kate or Teresa. This hydro -geologic study, any idea what the, what something like that costs? How long does it take? How involved is it? What's it all about? Teresa Burgess: We have not performed one so I have no experience of cost. It was a recommendation of wording from the Department of Health, and I'm not sure how long or how much it would cost. Their concern was that the other alternative is to wait and see if there's any impact to the surrounding wells. At the same time they do not have any concern that it's likely looking at the well logs. Most of the surrounding wells are not as deep as this one is proposed to be. Councilman Lundquist: So if it was, normally in order to get this well they'd have to get a permit through the Department of Health, correct? Teresa Burgess: They will get their permit through the Department of Natural Resources. Councilman Lundquist: Okay the DNR, so before the DNR goes out and gives them the permit to knock the well in, they're going to look at the aquifer and all the surrounding stuff around there and do all of that good stuff. Would it be normal for them to go and do a hydro -geologic study if we hadn't requested that that be done? Teresa Burgess: No. Councilman Lundquist: Okay. That's all the questions I had. Mayor Furlong: Okay. Is it the expectation, based upon the wording of the hydro -geological study condition that that would be paid for and provided by the applicant? Teresa Burgess: That was the intention and we were trying to address the concern of the Planning Commission and the public that this well may impact the public properties. Mayor Furlong: Because that did come up in the public hearing, or public presentations at the Planning Commission. Teresa Burgess: Correct. The Planning Commission expressed a lot of concern and it came up quite frequently in the public hearing. Mayor Furlong: Okay. There were issues also on traffic and traffic flow along Pioneer Trail and the left tum lane, right tum lane. Could you address that a little bit. Kate Aanenson: I meant to discuss that in a little bit more detail. One of the things that the staff had recommended was the existing gravel road be realigned to tie into this intersection. It is of course sight line. The residents along that street chose to leave it the way it is and the Planning Commission ultimately concurred with that recommendation. Whenever there'd be an opportunity to mitigate issues, we try to do that but there was a concurrence on that. And the 7 City Council Meeting — Sef kber 8, 2003 • other one was lining up this driveway with Foxford Road for the access in so, and that has been accomplished. Mayor Furlong: And with that aligning of the driveway access with Foxford Road, are there tum lanes there or is that where, I thought it was on Pioneer that they were. Kate Aanenson: Yeah, those are some of the improvements for. Mayor Furlong: That they're planning? Kate Aanenson: If you look at the intersection, there will be some tapering down through here and I think that's something that we'll be working with the County on to accomplish that. Mayor Furlong: Okay, and my question is relating to safety here and traffic, both congestion along that road for a vehicle traveling westbound seeking to tum in is going to be more obstructing than a vehicle coming east that's accelerating out of the intersection. They're going to speed up to slow down where someone coming from the east is going to be at speed. Teresa Burgess: Carver County's engineering department looked at this and the recommendation was that the construction of a right tum lane into, a dedicated right tum lane into the golf course be constructed as part of the construction of the new driveway. They did not feel the need for a left tum lane in or for a construction of a through lane at this time. Mayor Furlong: Okay, and is that part of the improvements to that interchange as well? That that's going to happen. Teresa Burgess: No. They conditioned the approval to include a left tum, a right tum construction into as part of this project. That was part of the Carver County comments. Mayor Furlong: From an engineering standpoint and a traffic standpoint within the city of Chanhassen, do we concur with that? Teresa Burgess: I would defer to Carver County on this one because they are doing that larger project at the intersection and have a larger plan and I have not been involved in that discussion of what exactly they have planned at that intersection. Mayor Furlong: The other question that came up as part of the Planning Commission, the process was with regard to the connection to the city's trail system and specifically the tuning of this development relative to the improvements at that interchange and I guess my question was, are we comfortable that, if they make a connection to our city trail, they're due to open, if I remember my dates correctly, in the spring of '05. If that sounds right, and it's going to be about that time that they're going to be redoing that interchange. Kate Aanenson: Right, and that's what we recommended that we take escrow for that. For those improvements including landscaping. Mayor Furlong: Oh so that landscaping would also include the trail connection. Kate Aanenson: Correct. So it'd be built after the road improvements are done and they didn't feel it was prudent to do it twice. City Council Meeting — Sep*ber 8, 2003 • Mayor Furlong: Exactly. That was my question. And you mentioned landscaping so thank you for clarifying. Thank you. Those were my, I guess a point of clarification. In the staff report on page 15, under the site plan review. The recommended proposal. The bullet numbers skip there between 4 and 7. Were some deleted? Is that just a typo? Kate Aanenson: Yes. Some conditions were probably deleted. It should be. Mayor Furlong: That's fine as long as it's a typo. Kate Aanenson: Yep. Mayor Furlong: The report's complete? Kate Aanenson: Yes. Mayor Furlong: Thank you. Very good. Any other questions for staff at this point? Is the applicant here this evening? Would you like to make a presentation or do you have some issues with council? Kevin Norby: I'll keep this very brief. My name is Kevin Norby. I'm a golf course architect working for the applicant, Ron Saatzer. The majority of your questions or comments seem to center around the water issue, and I'll see if I can clarify that. I've had a number of conversations with the Department of Health and Department of Natural Resources, as well as two well contractors, primarily Tim Berquam of Bergerson-Caswell, and I understand that they are also the well driller who has done some work for Bluff Creek Golf Course, Halla Nursery, and I believe the City Engineer indicated that they've done some work for the city as well so I think they're probably highly recommended. But the bottom fine is that there was a lot of discussion, both at the initial I think August 19`s meeting regarding water. They tabled that and they tabled this issue so that we could further address the questions as to who administers the permit. Who oversees the process. What are the procedures, if there is a problem after the well is drilled, and so at the last meeting we provided additional information. As it turns out the permit is actually applied for through the Department of Health, and I think there's a letter, a DNR letter that we provided here tonight. A permit is actually issued by the Department of Health, but because this is a project or a well that will pump over a million gallons a year, it is then administered by the Department of Natural Resources, the Waters Division. And so what they do at that point, once we have a Permit to pump, they come out. Inspect the well. They do some tests on it to make sure that it's operating properly. They also check to make sure that surrounding wells are not being impacted and there is a process, a legal process for following through if there are problems with that well, reducing the capacity or reducing having negative impacts on the neighboring homeowners or whomever. What we do know, or what we believe we know is that there are two aquifers. There's a shallower aquifer that's in the 200 or 260 foot range, and there's the deeper aquifer which you've probably heard of the Jordan aquifer. That's a large sea of water under there. It is the same aquifer that Bluff Creek pumps out of, and that Halla Nursery pumps out of, and the majority of the homeowners are pumping out of the shallower glacial drift they call it. There are some homeowners in the area who's wells are as deep as 400 feet and are pumping out of this same aquifer. So the letter that you have from the DNR, from a gentleman named Dale Hommet. He's the Regional Hydrologist for this area. He's very familiar he said with this area. He says there are no issues as far as water capacity, water availability with the aquifer, the Jordan aquifer. And he said if for some reason conditions change or we screw up or they screw up, he said there is a process to go through. The name and address and so forth I think are on this letter indicating how to contact those people, and he said if it can't be resolved any other way, he said your well City Council Meeting — Septe* 8, 2003 • will be abandoned, our well be abandoned and we'll be forced to look for other alternatives. So fairly close scrutiny I think. The second comment I'll just make here is that Ron has directed us on our plans with regard to the public trail, to indicate that because of the timing, he is willing to put in the trail from the club house to the right-of-way on Pioneer Trail. See if I can, I guess it's not on, yeah it is on this plan? So he's willing to construct this trail over to the right -0f --way. He's asking that the City be responsible for acquiring the permits and the design of that public trail within that public right -0f --way. As they did on the north side of Pioneer Trail recently I guess, so he would be willing to post a letter of credit and be financially responsible for the landscaping and the trail leading to ... for improvements within the right-of-way. As part of the overall bike trail plan that I think the city has. That's all I have. If you have questions, we'll try to answer those. Mayor Furlong: Thank you. Questions for the applicant. Councilman Peterson: You had mentioned that if the well was, needed to be abandoned, you would pursue other alternatives. Do you have any idea what they might be? Kevin Norby: Well it may be a well that is further. They talk about an area of influence so there's what they call a cone of depression. When you drill a well it creates a siphoning effect basically, and if there are other wells in the area which are impacted by that cone of depression, he may require that we drill a new well further from the residences. As it happens in this particular case we believe that our irrigation well will be located here. At the opposite end of the pond from our pumping station. It's possible that we may combine the pump station and the well into one unit and pump directly out of the ground to irrigate. Currently the way we're showing it on our plans, and we're theorizing is that we will actually pump into the pond during the day. We will irrigate out of the pond at night. So one of the alternatives would be relocating the well. Another would be a series of smaller wells, maybe two wells pumping half that capacity. We would be I think at that point open to basically recommendations from the Department of Natural Resources on how to solve the issue, if it were an issue. I will say this that, on the projects that we've done, golf courses in the past, we've not come across a situation where the client has had to do, the applicant has had to do a hydro -geologic study in advance of getting or applying for the permit. And I believe that when I spoke to Matt Saam, he indicated that if the city was extremely uncomfortable with this, that this would be another way to gain some measure of reassurance. But he did not expect there'd be any problems given the distance of these homes and the depth of the well. Councilman Peterson: Okay. Mayor Furlong: Thank you. Other questions for the applicant. Councilman Ayotte: Would you possibly know what the cost of such a study would be? Kevin Norby: I don't. I'm again not familiar with that as a precondition to applying for these permits. I'm sure that it would be in the thousands. I'd be guessing whether it's 5 or 50, I have no idea. Councilman Ayotte: Thank you. Mayor Furlong: Okay thank you. Any other questions? Okay, thank you. I have a follow-up question for staff. The applicant raised the issue about payment of the trail. As the conditions currently read, is it our, how do the conditions currently read based on our understanding. 10 City Council Meeting — SOmber 8, 2003 • Kate Aanenson: The Planning Commission left that condition in. That the trails be constructed. Mayor Furlong: That the applicant would be responsible for building this trail to the intersection? Kate Aanenson: Correct. That was the recommendation from the Park and Rec's department. As a condition for impact. And the Planning Commission did leave that in. The applicant also raised that as an issue at the Planning Commission that he chose, would prefer not to do that. The Planning Commission did leave it in as a condition though. Mayor Furlong: Okay. Alright, thank you. Councilman Peterson: One more question for staff. Teresa, once a cone of depression has happened, is that repairable through, not through man made power but will it come back? If cones of depression affects the houses in the neighborhood, you know do they have to re -drill? Teresa Burgess: If the well is shut off, the aquifer will recharge. It's a question of how long it takes but it will come back. Councilman Peterson: But it's months or years versus days, I would assume Teresa Burgess: It varies from aquifer to aquifer and part of that will come when they do the test pumping. They'll look at how quickly it recharges. Once you establish that cone of depression, it does re -charge in the scheme of things relatively quickly. Councilman Ayotte: Say that again Teresa, louder. I didn't hear you. Teresa Burgess: In the scheme of things, in time, geologic time, it's very quick. Mayor Furlong: How long has this water been down there? Councilman Peterson: Isn't it longer than our term is? Teresa Burgess: As an example, we have the western side of town has three Jordan wells in it that do interfere with each other. The cone of depression does reach when one is pumping to the other one, and we typically see recharge within hours. When we shut down the well, does that answer the question? Kevin Norby: If I could, my understanding is that that cone of depression is, it's almost like when your sink is draining, of course the water's being sucked out of the aquifer so there's a depression around that When the pumps are shut off, that will equalize and recharge and come to it's static level. It's normal level relatively quickly. It's not months or even weeks. Mayor Furlong: Okay, thank you. I see Commissioner Slagle's in the audience. Is there any report or follow-up from the Planning Commission? Is there anything you'd like to add or emphasize as a representative? Rich Slagle: Mayor and council members. I think the only thing that I would like to add and it sounds like it's being addressed tonight is, and it's not just this applicant but any, going forward with well and water usage, and I think that really, if there is a point to present to you, it's how do 11 City Council Meeting — Sep0ber 8, 2003 • we handle water usage, especially with what's happening I think today on the way home I heard `CCO announce this was officially a drought. So that's really it. Mayor Furlong: Okay, thank you. If there's any other questions for staff, I'll bring it back to council for discussion. Councilman Peterson: Mr. Mayor I guess where I'm at with this, I'm still, I do have a water question yet and I guess I'm not unconvinced that we shouldn't do a hydro -geological study because of all the what ifs rve kind of heard and concerns that seem to be certainly legitimate. And secondly what I haven't seen tonight is a fiscal impact of moving this to, going non- residential developable area. I don't know if a golf course is, from a tax perspective better or worst. I can make some assumptions but I don't know. Kate, what have we got for timing? Kate Aanenson: The 60 days expires on September 160'. You could ask for an additional 60 days for additional information. Roger Knutson: You can just automatically take the additional 60 days if you want to. Kate Aanenson: Correct. Councilman Peterson: To get more information? Roger Knutson: Yes. Councilman Peterson: So with or without the applicant's? Kate Aanenson: Correct. Roger Knutson: All you have to do is send him a letter saying we need more time to gather, for whatever reason you have and you can take the full 120 days. Councilman Peterson: On the surface I like the project. It's just a matter of whether or not it's appropriate for the water and whether or not it's appropriate from a fiscal responsibility standpoint to our city. And I don't have the answers to either of those tonight so that would be my general opinion this evening. Mayor Furlong: Okay. Thank you. Other comments? Councilman Ayotte. Councilman Ayotte: I'll add revenue generation. Even if we war game it and put a series of assumptions down, so not only the fiscal trade-off that Craig's mentioning, but also what's in it for the City. And I know everyone runs around with the shirts with the little alligators on it and so forth is going to love this but in terms of what it does for the city, in the fiscal manner. I go back to the, I'm a little bit, when you call out the word that we've all had difficulty saying, we have to go down and look at hydro -geologic study, I'm somewhat surprised that no one can give me a cost of what that is and it tells me that we haven't done a complete job of getting the information so that this council can make a sound decision so I favor Councilman Peterson's position. I want it but I want to look at more information. Mayor Furlong: Thank you. Councilman Lundquist. 12 City Council Meeting — Sqkmber 8, 2003 • Councilman Lundquist: My position, the water and the hydro -geologic, I guess my position is that there are processes, procedures, permits, everything already in place in jurisdictions that are outside of our control. Obviously the DNR and the Department of Health, we have to trust that they're going to do their job as well. Not knowing the cost of something like that, I think it's unfair to burden this particular applicant with an unknown cost. I mean who knows what it's going to be. Nobody in that area, the other businesses, Halla and Bluff Creek weren't burdened with it. It's not a common practice for golf courses to do these types of things. I understand the concerns. However I think we're over stepping our bounds by putting an unnecessary condition on the applicant when there's already two state agencies, at least two state agencies or federal agencies that will, are in place to monitor and regulate that. As far as the fiscal impacts, I guess I'm looking at that right now as a vacant lot and putting something on there. I understand that things can happen and if we were to bring city and sewer and water out there, that there's certainly a possibility of having some development go on there. I think we could argue back and forth about how, if a golf course increases the value of that land and the ability to develop around it, or decreases it and the other thing to keep in mind is it is just a lease on this property. It's not a purchase so there's always the ability for the land owner to not re -up the lease and do whatever he so chooses on that piece of land so. I'm sensitive to Mr. Saatzer's timing issues on getting some of his grading and seeding and things like that done yet in the next couple of weeks so that he can get his course opened within a year. If we get too far out and the weather turns bad on biro, he's going to lose about 8 months on the process so I think we've done considerable amount of due diligence through the 6 or so hours that were spent by the Planning Commission on it and I think we should move forward and approve the conditional use and the site plan. Mayor Furlong: Okay, thank you. On the, I guess my comments follow similar in terms of emphasis on the water issue. We're including a condition, and Councilman Lundquist you raise the issue, we don't know what the cost or the time to complete that is. Yet what I'm hearing is that the only other option is a wait and see type option, which while all indications are that it won't cause a problem, it'd be nice to know what the cost is. What the timeframe is to complete that hydrological study so we can find out if there's a problem up front rather than trying to address it after it happens, if we have that option. Not knowing what the cost is or the time to complete, I don't know if that would delay the project moving forward in a timely manner or not. There is an issue for a fiscal impact standpoint, I agree with Councilman Peterson. I think there, it's something to look at to the extent that this is a viable use you know. It may be something where the property owner has the right to do this, but from a fiscal standpoint, not only with taxes but also when that area does have water and sewer provided, what the potential effect of that would be from a financial standpoint. It's my understanding, and correct me if I'm wrong, that the conditional use permit stays with the property as long as it, the property owner or, in this case, the lessee chooses to do that, but chooses to continue to utilize that. Kate Aanenson: Correct. It runs forever on the property. Mayor Furlong: Okay so, the question was raised and I think it's a valid point, if the lease expires that doesn't necessarily mean the conditional use permit expires. Kate Aanenson: That's correct Mayor Furlong: Okay. Alright. And I think, Councilman Ayotte getting to your point of what's the benefit to the City? I think clearly as I mentioned we should look at the financial standpoint. I like it from the recreational benefit that it's going to provide the city and I like it from the standpoint that it's being provided to the residents by the private sector. That's what I like about it. This is going to be, I like the concept here and what they're trying to do and how they're 13 City Council Meeting — Se#tber 8, 2003 • trying to do it. Y think we have to be careful and move diligently to make sure that some of these questions get addressed. I can clearly see from reading the council minutes how prompt and responsive the applicant was in terms of going from the first meeting to the second meeting and how much was improved and all the questions were answered. Whether these other questions with regard to the fiscal standpoint and the water affect or impact can be answered in a timely manner, we don't know yet. But I guess I'd like to at least make sure that we look at it diligently and get the information so we can find out whether or not this request for the study is onerous and burdensome or not. Teresa Burgess: Mr. Mayor and council if I could. Staff had originally recommended a condition that had stated that the property would be responsible if there wasn't determined to be an impact on the neighboring wells, to either adjust their operation to eliminate the impact or to work with the neighboring property owners to mitigate the impact through either drilling their wells deeper or getting them an alternative water source. The Planning Commission rejected that condition and this condition was intended as a replacement for that original. That original condition is much less onerous because it is exactly what the DNR is requiring them to do anyway, and we were just stating it so it would be in the conditions of approval. Mayor Furlong: Okay. Thank you. Are there any other comments or discussion from the council? Kevin Norby: If I could, is it a public hearing still? Mayor Furlong: No. It's not really a public hearing anyway, just an opportunity to discussion so, but unless there's something sir. Roger Knutson: Mr. Mayor? I just want to point out, the normal well interference process and how it works, just so everyone's aware of it. If the city digs a well, which we frequently do, and it's later learned that the wells that were in existence at the time we drilled were adversely affected. Dried up so to speak because of our action, there's a process through the DNR for the homeowner to go to the DNR, file a complaint. The DNR has a hearing. The DNR determines that your well has caused the other well to fail. You're required to pay the other guy to dig a deeper well. So you essentially have to buy them a new well. That's how it works on the municipal scene. Mayor Furlong: I guess if I can ask, what's the typical process and cost associated with that process? Roger Knutson: Digging a new well? Mayor Furlong: Not the well. The process to get the well dug. That you described. Roger Knutson: For the city it can be costly but my experience as landowner usually go to the DNR by themselves. They can. And the DNR, because what the landowner would do is go to the DNR and complain. Last year my well worked. They put in a new well. Now my well doesn't work. Or they'll just go and complain my well is dried up. Then the DNR staff goes out and sees what's going on. They look at the new wells in the area and they determine, they make their own judgment and then it goes in front of an administrative law judge, and that administrative law judge rules. And unfortunately for some of my clients they've written checks because when you have a big well like a community, a city well, it draws a lot of water and if you have shallower wells in the area, it can draw those down. So they get new wells from that result. 14 City Council Meeting — Sep0ber 8, 2003 • Mayor Furlong: Thank you. Is there other discussion or additional discussion? None? Is there a motion? Councihnan Peterson: I'd make a motion to table to get more information than we've presented to staff. Kate Aanenson: Just for clarification, assuming that that's the direction you want is impact, how much a hydrological study, timeframe and fiscal impacts. Councilman Peterson: Fiscal impacts. Mayor Furlong: Motion's been made. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Is there any discussion on the motion? I guess a question I would ask, do we have any idea when we might be able to receive those, that information back? How quickly? Kate Aanenson: We'll work as quickly as we can. Mayor Furlong: Alright. Councilman Peterson: I mean I'd like to try to get it to the next meeting. If we can. That's the goal. Mayor Furlong: And I think that addresses Councilman Lundquist's valid issue with regard to timing. Is there any other discussion? If not we'll proceed with the vote. Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the request for a conditional use permit and site plan for a golf course located at the southeast corner of Great Plains Boulevard and Pioneer Trail. AB voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. Kevin Norby: Can we ask specifically what information you're looking for? How much the hydro -geologic study costs? Kate Aanenson: We'd be happy to meet with them tomorrow. Mayor Furlong: Do you want to work with staff on that? And I think they'll be responsive. APPROVAL OF 2004 PRELIMINARY TAX LEVY. Public Present: Name Address Sam & Nancy Mancino Chanhassen Ron Saatzer 9450 Foxford Road 15 CITY OF CHANHAEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OIRANSMITTAL DATE JOB NO. 8/13/04 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/15/03 03-04 2003-04 Conditional Use Permit Chanhassen Short Course 1 3/2/04 04-09 2004-09 Variance (Hastings - 10240 Mandan Circle CORRECTED ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints Meuwissen, (952) 227-1107 If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #034 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: For the construction of a golf course with a club house in an Agricultural Estate District. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2; and Lots 1 and 2, Block 3; Lots 1 and 2 Block 4; Lots 1, 2, and 3, Block 5; Outlot A; Together with vacated Columbine Trail, vacated Hibiscus Trail; vacated Periwinkle Trail; and vacated Halla Nursery Drive West; all in the recorded plat of Halla Great Plains Addition, Carver County, Minnesota. 3. Conditions. The permit is issued for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: a. Hours of operation shall be seasonal and limited to sunrise to sunset. b. No outdoor speaker system shall be permitted (individual pager systems are permissible). c. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. d. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. e. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. f. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. g. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. h. The applicant shall enter into a conditional use permit with the City. i. No exterior lighting shall be permitted with the exception of safety lighting. 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: September 15.2003 0 (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) 0 CITY OF CHANHASSEN BY: Tom Furlong, May odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 1�. day of &� 2004, 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. NO& PULDC --, KAREN J. EN6ELHARDT ��;.. NotaryPublic-Minnesota ^.y Commission bpires tl311My VVVVVWVWVVVWVtl DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 g PIP \sMshort course cup.doc OFABYANSKE, WESTRA & HART A PROFESSIONAL ASSOCIATION M.T. FADYANSKE SCOTT JOHNSON MARK W. WESTRA DYANNA L STREET JEJ. d.KEAROOIENEY PATRICKJ. LEE-ADNER AN DENNISNMS J. SUITE 19D0 FREDERICK H. LADNER YD ANN SCOTT LLOYD ANDERSON H. NEA TE PAUL L. MLLE 800 LASALLE AVENUE NATHAN E. RAY GREGORY T. SPAIJ THE THERESA A PETERSON DEAN D. THousoN MINNEAPOLIS, MINNESOTA 55402 T E v ROBERTS GARY C. EIDSON KYLE E. HART TELEPHONE 612-338-0115 MICHAEL A. ROSOW JUDITH KRQN N E FAX 612-336-3657 MATTHET. NS W EDLLI DANIEL RICHARD G. , J SEN JV IDOHISTY DANIEL J. GILCMRIST TFOMAD THOMAS J. TACEI UCCI WWW-FWHLAW.COM CHARLES ENTERO III HER P. CHILSTRpA CHRISFI GORDONOF P CORDOP.. JOCEL N L KNOLL L KNOLL KATgLEEy S. . MARA. STEVEN STEVEN C. COX JULIE A, DDRERtt AggON A. DEAN August 18, 2004 RETIRED: B C. HART AECFIVFD -NOT LICENSED IN MINNESOTA AUG z 2004 EMAILDTHOALSONGIWDIRECT ZMLAW�COM W. Ron Saatzer 9450 Foxford Road ari OF C HANHASSEN Chanhassen, MN 55317 Re: Chanhassen Short Course Mr. Saatzer, On behalf of Herfort Norby Golf Course Architects, LLC., I am notifying you to immediately cease and desist from using the drawings which my client prepared for the Chanhassen Short Course in Chanhassen, Minnesota. Mr. Norby has attempted on numerous occasions to secure payment for preparation of these plans pursuant to your contract with his company and you have avoided doing so. Herfort Norby owns the copyright to these plans. According to the Federal Copyright Act, neither you nor the City or the contractor can use Herfort Norby's plans without its permission. Violation of Herfort Norby's copyright entitles Herfort Norby to statutory damages, injunctive relief and your anticipated profits. I have forwarded a copy of this letter to the City of Chanhassen, Carver County, Lange Trenching and Mr. Don Halla in order to make them aware that they should not inspect, approve or otherwise endorse your use of Herfort Norby's plans until payment is received in full. Please contact my client immediately, pay its bill, and arrange for use of its plans. If this is not accomplished by 4:00 pm on Thursday August 26, 2004, I will seek legal and equitable relief against all those who are infringing upon Herfort Norby's copyright. Very truly yo Dean B. Thomson DBT/hrh/822%.000 cc: Kevin G. Norby Donald E. Halla Sharmeen Al-Jaff Roger Gustafson Lange Trenching nApI\dbA348460.dDD • • City Council Special Meeting Summary — September 15, 2003 taxes year to year. Staff's recommendation is to increase the total levy by only the real growth which would keep taxes flat and by it's very nature lower the tax rate on residents property values. Just because your assessed value goes up, your property taxes would stay the same so the dollar you pay in taxes relative to assessed value would go down. My goal is to maintain taxes and get the debt service properly handled. Todd Gerhardt stated that staff was recommending City Council adopt stafrs recommendation and over the next 2 months sit down with the council, get some input from our consultants to see where the state might be going this coming year and play with those numbers in November -December. Councilman Ayotte felt we ought to adopt what staff has recommended and see how we work towards a resolution from now til the December 1, December 8 timeframe. Councilman Lundquist stated he was tending to side right now more with keeping the total impact flat. With the potential for some utility increases and other things, hook-up charges to offset some of the water treatment things coming up, I'm not prepared right now to say that we should be taxing our residents any more. Bruce DeJong stated I don't have that figure in front of me but it looked like it would take $133,000 reduction in the tax levy in order to hold it to a zero on an individual homeowner. He stated you run the risk of not taxing the real growth of the city. Resolution #2003-80: Councilman Labatt moved, Councilman Ayotte seconded that the City Council adopt a tax levy of $6,657,060 for the General Fund and a levy of $2,215,607 for debt service. All voted in favor, except Mayor Furlong and Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 2. Public Present: Name Address Nancy & Ken Holmberg Robert Boecker Boyd Peterson Gaye Guyton Kevin Norby Ron Saatzer Sharon Gatto Don Halla 9885 Raspberry 610 West 960'Street 9860 Pioneer Circle 10083 Great Plains Boulevard 6452 City West Parkway, Eden Prairie 9450 Foxford Road 9631 Foxford Road 6601 Mohawk Trail Kate Aanenson stated this item was tabled for staff to get some additional information regarding fiscal impact and more information on what was intended with a water study. Councilman Ayotte asked for clarification on why the cost of the hydrogeologic study and the DNR information wasn't known earlier. Councilman Lundquist moved, Councilman Peterson seconded to approve Conditional Use Permit #20034 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 0 0 City Council Special Meeting Summary — September 15, 2003 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the City. 9. No exterior lighting shall be permitted with the exception of safety lighting. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Councilman Lundquist moved, Councilman Peterson seconded to approve Site Plan Review #2003-7 SPR for the construction of a Club House and Maintenance Building for a golf course as shown on plans dated August 25, 2003, subject to the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of the Conditional Use Permit. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: 0 0 City Council Special Meeting Summary — September 15, 2003 a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the club house and storage/maintenance building. b. If a fire hydrant is available, a 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. C. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. L A post indicator valve will be required on any building that will have a sprinkler system g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official conditions: a. Submit a detailed floor plan of the club house so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. C. An accessible route must be provided to all facilities on. the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. L The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 7. Engineering Department conditions: 4 0 0 City Council Special Meeting Summary — September 15, 2003 a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen latest Detail Plate Numbers: 5201, 5203, 5207.5300 and 3001. C. The applicant is responsible to obtain and comply with all regulatory agency permits. d. On the grading plan add a benchmark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with a MnDot and Carver County permit. 12. Per MnDot's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. 15. Comply with all conditions of MnDot review letter dated 8/26/03. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. AD voted in favor and the motion carried. The special City Council meeting was adjourned at 5:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim • •, City Council Special Meeting — September 15, 2003 Councilman Peterson: I don't think it needs to be done. Councilman Labatt: I think staff has a direction from our comments here of what we want 1211 but what my motion is, get on with this. Councilman Ayotte: Then my second holds as is. Thank you. Mayor Furlong: Okay, thank you. Is there other discussion? If there's no other discussion we'll proceed with the vote without objection. Resolution #2003-80: Councilman Labatt moved, Councilman Ayotte seconded that the City Council adopt a tax levy of $6,657,060 for the General Fund and a levy of $2,215,607 for debt service. All voted in favor, except Mayor Furlong and Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 2. Councilman Peterson: In response to that I would like to go on record by saying, I voted for that on the simple basis of the numbers are fluid enough where I believe that the goal and I think certainly Councilman Ayotte is supporting that as, probably all of our goal is to have the flat tax and whether it's a 2.7 percent that comes up, that is a flat tax, so be it. My goal is today that and working down from there so. Thank you. Mayor Furlong: Thank you. Public Present: Name Address Nancy & Ken Holmberg Robert Boecker Boyd Peterson Gaye Guyton Kevin Norby Ron Saatzer Sharon Gatto Don Halla 9885 Raspberry 610 West 96' Street 9860 Pioneer Circle 10083 Great Plains Boulevard 6452 City West Parkway, Eden Prairie 9450 Foxford Road 9631 Foxford Road 6601 Mohawk Trail Mayor Furlong: This is a continuation from our last meeting. There were some questions raised_ Is there a staff report? Kate Aanenson: Yes, thank you. I'll be brief. This item was tabled for the staff to get some additional information regarding fiscal impact and a little bit more information on what was intended with a water study. I've given you a copy of the standards from the DNR. What triggers the well study is the fact that they'd be using over a million gallons of water per year, so that does have certain standards that the DNR would require. And I'm looking at this paper study that the staff is recommending would be about $3,000 but the fact of the matter is, is the DNR 17 0 0 City Council Special Meeting — September 15, 2003 permit process would require the same scoping level and that would be the fact as stated in the letter that they would have to submit, the applicant being they, would have to submit air photos and location of all existing domestic wells within a one mile radius, and all production wells within a mile and a half, so they have to do that study themselves so by us putting a condition duplicates that same process. Then to carry it further, if the council was looking at that, there would be another scoping level on top of that but I believe that the DNR permit should be adequacy, which is a requirement anyway, and it would be their jurisdiction so kind of keep us out of that and let them respond to that. The second request you had was to look at the, on the fiscal impact so the city manager and myself did work with Hoisington Koegler and their fiscal person to kind of get a summary, which we put in the report of what it could be today, which would be 4 units an acre, and ultimately when it would come in for development at low density, approximately 44 housing units and that would assume storm water ponding, right -0f --way and that sort of thing. How many houses they could get, and then the golf course with a club house. And really that was just really for your edification. There wasn't any comment or recommendation on that. It was just to provide you with some additional information. So with that staff is recommending approval with the condition that they get the permits through the DNR. Mayor Furlong: Thank you. Any questions for staff? Councilman Ayotte: I've got one. Mayor Furlong: Councilman Ayotte. Councilman Ayotte: Okay, we get the staff report that gives the hydro, I've got to look at it again. Councilman Lundquist. Hydrogeologic. Councilman Ayotte: Thank you. $3,000 if existing well data existed. I called today, we find out the existing well data existed. I want to know why we couldn't get that information when we got the initial staff report, and I suspect that the DNR information that you provided today, this information could have been known earlier also, so why didn't we have that piece of information earlier? Todd Gerhardt: Councilman Ayotte, Mayor, City Council. This is our fust go around in dealing with a well of this size in many years. This was an education for my staff, for the council. I think even for the applicant and the neighborhood, and it was a learning ground for everybody as we deal with this. Typically when you come in for a residential well, you go get the permit and you don't have to go through these but when you talk about a commercial well this size, there's a little more detail that goes along with it. Councilman Ayotte: I'll accept that, learning curve then. Ahight. Todd Gerhardt: So it was more of a learning curve. Mayor Furlong: Thank you. Any other questions? For staff. If not we'll bring it back to council for discussion. Is there any discussion on the proposal? Councilman Peterson: Let's move it on. 18 City Council Special Meeting — September 15, 2003 Councilman Ayotte: I agree. Mayor Furlong: If there's no discussion, is there a motion? Councilman Lundquist: I would move that we approve Conditional Use Permit #2003-4 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with conditions I through 9. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on the motion? Hearing none we'll proceed to the vote without objection. Councilman Lundquist moved, Councilman Peterson seconded to approve Conditional Use Permit #20034 for the construction of a golf course with club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the City. 9. No exterior lighting shall be permitted with the exception of safety lighting. 19 City Council Special Meeting — September 15, 2003 All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: Motion prevails. Is there any discussion or is there a motion on the site plan review? Councilman Lundquist: I would move that the City Council approve Site Plan Review #2003-7 for the construction of a club house a maintenance building for a golf course as shown on plans dated August 25, 2003, with conditions 1 through 15. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Is there any discussion on the motion? Todd Gerhardt: Mayor, I would include that the modification to item 13 be noted on that. Councilman Lundquist: Yeah, with the new condition with the DNR appliation. Mayor Furlong: So the condition from our prior meeting has changed from requiring a hydrogeologic study of the golf course to a condition that the applicant shall comply with all DNR permit requirements. Councilman Lundquist: So let's say conditions 1 through 15 as in, as written in the September 12, 2003 staff report. Todd Gerhardt: Thank you. Mayor Furlong: Good clarification. Any other discussion? If there's no, we'll proceed to the vote. Councilman Lundquist moved, Councilman Peterson seconded to approve Site Plan Review #2003-7 SPR for the construction of a Club House and Maintenance Building for a golf course as shown on plans dated August 25, 2003, subject to the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of the Conditional Use Permit. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 5. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the club house and storagetmaintenance building. 20 0 City Council Special Meeting — September 15, 2003 0 b. If a fire hydrant is available, a 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. C. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. f. A post indicator valve will be required on any building that will have a sprinkler system g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official conditions: a. Submit a detailed floor plan of the club house so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. C. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prim to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. L The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 7. Engineering Department conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading 21 0 0 City Council Special Meeting — September 15, 2003 will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen latest Detail Plate Numbers: 5201, 5203, 5207, 5300 and 3001. C. The applicant is responsible to obtain and comply with all regulatory agency permits. d. On the grading plan add a benchmark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with a MnDot and Carver County permit. 12. Per MnDot's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 13. The applicant shall comply with all DNR Water Appropriation Permit requirements. (The DNR examines a copy of the well log and the test pumping results before they make decisions on DNR appropriation permits.) 14. Comply with all conditions of the Carver County review letter dated 8/29/03. 15. Comply with all conditions of MnDot review letter dated 8/26/03. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: Those being the items on our special meeting agenda, I'll ask if there's a motion to adjourn. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The special City Council meeting was adjourned at 5:35 pm. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 22 0 City Council Summary — September 8, 2003 • 03 -y LuP SHORT COURSE. Public Present: Name Address Ron Saatzer 9450 Foxford Road Kevin Norby 6452 City West Parkway, Eden Prairie Denis C. Oukir 9940 Deerbrook Drive Gerald Slocum 9920 Deerbrook Drive David Walstad 10071 Great Plains Boulevard Kate Aanenson presented the staff report and gave an update from the Planning Commission. Councilman Peterson asked if the hydrologic study had been completed. Teresa Burgess stated the hydrologic study is something that was discussed with the Department of Health as being the only way to determine if this commercial well would have a negative impact on the surrounding wells. They did recommend it as an alternative to a wait and see, which was very concerning to the Planning Commission. Cormcilman Ayotte stated that due to the fact that we have a capacity issue in the city of Chanhassen, to what degree would this have an affect on that capacity. Teresa Burgess stated because it was far enough away from the city's well, it would not have an affect. Councilman Lundquist asked about the cost, length and extent of the hydrologic study. Mayor Furlong asked if the hydro -geological study would be paid for and provided by the applicant. He also asked staff to address the issues on traffic and traffic flow along Pioneer Trail and the left tum lane, right tum lane. Kevin Norby, the golf course architect addressed some of the concerns brought up by the Planning Commission. Mayor Furlong asked Rich Slagle to speak on behalf of the Planning Commission. Councilman Peterson stated he did not feel the water issues had been adequately addressed and was looking for information on the fiscal impact of putting a golf course in this area as opposed to residential development. Councilman Ayotte stated he favored Councilman Peterson's position of needing more information. Councilman Lundquist's position is that there are processes, procedures, permits, everything already in place in jurisdictions outside of our control. The DNR and the Department of Health, we have to trust that they're going to do their job as well. Not knowing the cost of something like that, he thinks it's unfair to burden this particular applicant with an unknown cost. Other businesses, Halla and Bluff Creek weren't burdened with it. It's not a common practice for golf courses to do these types of things. He felt the city was over stepping their bounds by putting an unnecessary condition on the applicant when there's already two state agencies or federal agencies that are in place to monitor and regulate that. Mayor Furlong stated he was hearing that the only other option is a wait and see Pipe option, which while all indications are that it won't cause a problem, it'd be nice to know what the cost is. What the timeframe is to complete that hydrological study to find out if there's a problem up front rather than trying to address it after it happens. He liked to at least make sure to look at it diligently and get the information to find out whether or not this request for the study is onerous and burdensome or not. Roger Knutson explained how the normal well interference process works. Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the request for a conditional use permit and site plan for a golf course located at the southeast City Council Summary — S•ember 8, 2003 • corner of Great Plains Boulevard and Pioneer Trail. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to I. APPROVAL OF 2004 PRELUMNARY TAX LEVY. Public Present: Name Address Sam & Nancy Mancino Chanhassen Ron Saatzer 9450 Foxford Road Councilman Peterson asked about the timeframe issue due to the new information received over the weekend and the fact that one council member was not present. There was discussion between the council and the city attorney on the final filing date and whether the City Council could meet on the 15'h and meet the requirements. It was felt as long as the City Council acted by the 15" it would meet the filing requirements. Councilman Peterson moved, Councilman Lundquist seconded to continue the approval of the 2004 preliminary tax levy to Monday, September 15, 2003 at 4:00 p.m. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Councilman Peterson provided an update on Southwest Metro Commission and the new additions to the transit center in Eden Prairie. Councilman Ayotte spoke about the water treatment committee and discussions with staff that water treatment is basically not only a question of capacity but distribution and compliance. He wanted to state on the record that the City Council needed to quickly identify a time line and that the action plan would not include the term quote study. The city needed to identify the requirements and the time line for those requirements with the cost of how to meet those requirements, especially with respect to capacity and with respect to compliance, as a part of that action plan. Statements to where we are and are not in compliance and at what risk to the city in those areas, and what is the likelihood of that not compliance. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: None. Councilman Lundquist moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim lil City Council Meeting - Se• ber 8, 2003 • REW)EST FBIt A CONDITIONAL USE PERMIT AND SITE PLAN FOR A GOLF Public Present: Name Address Ron Saatzer 9450 Foxford Road Kevin Norby 6452 City West Parkway, Eden Prairie Denis C. Oukir 9940 Deerbrook Drive Gerald Slocum 9920 Deerbrook Drive David Walstad 10071 Great Plains Boulevard Kate Aanenson: Thank you. The applicant is requesting conditional use. This property is zoned A2 for a 9 hole golf course. It also includes, the application also includes a site plan review for two buildings on the property. As indicated this site is located on a plat that was vacated as part of the Halla subdivision, located at the intersection of 101 and Pioneer Trail. This application appeared before the Planning Commission two times. The fust time it seemed like there was quite a few unresolved issues which the applicant worked hard to address, so they appeared before the Planning Commission at their August 19d' meeting. Then again on the September 2°d meeting and I'd like to just land of frame up what seemed to the major issues. One was well impact. A letter was given to the staff from the DNR looking at the well impact issues. They're the ones that would regulate that. A permit would be required for that through the guise of the DNR. There was also a concern from the neighbors and the Planning Commission about what the actual impact, whether that, some of the neighbors were deeply concerned about the impacts to the well, and that was further addressed by additional condition that was added by, now again this is outside the Planning Commission recommendations but the engineering staff did add a condition regarding, and that's on the cover report, regarding a hydrologic study. One of the things that for findings of a conditional use, on page 4, if you were to go to conditional use Permit, there's actually two criteria. Number one would be, would not be detrimental to endanger the public health, safety and convenience or general welfare of the neighborhood. And number 6, Will not create excessive requirements for public facility or services or detrimental to the economic welfare of the community. I think the Planning Commission was struggling trying to get an understanding of what their role was in the well issue. So having said that, the engineering staff just added that condition and even though the Planning Commission didn't put that in there, just for another layer of comfort. Another issue that was brought up was the phosphorus and that was addressed in the condition. The Planning Commission did take that out, that that be applied by a qualified person to do that. Another discussion was MnDot will be putting a road improvement at the intersection of 101 and Pioneer Trail which needs additional right-of-way so there was discussion at that time, that the landscaping that's proposed along those two streets would have to be moved. So at this time the staffs recommending that a security be posted and that that landscaping go in at the appropriate time. In conjunction with that there was a discussion on whether nets were appropriate at that intersection. Those two locations kind of along Pioneer Trail and 101. What MnDot's saying that they'd like to go back and re-evaluate to see if the trees that were in place as a part of the landscaping would be sufficient to mitigate that, so that's still a condition that may need to be mitigated, which will be evaluated in the future. So with those concerns, the Planning Commission after much discussion did recommend approval with the conditions in the staff report, and I did want to make the caveat that that additional condition that was pointed out in the cover letter was added by staff. So with that I'd be happy to City Council Meeting — Se• mber 8, 2003 • answer any questions that you may have. Excuse me, I just forgot to mention the site plan real quick. The applicant is proposing two buildings on site. One for kind of a club house. There was a concern that, because it is a septic system, that it cannot be used for commercial purposes. That it wouldn't meet that demand and the applicant isn't proposing to do that at this time but as part of the conditional use we did address that. That there be no commercial kitchen with this. That doesn't mean that they couldn't serve snacks or something like that but there'd be no commercial kitchen with that. And I do have, from the discussion the Planning Commission spent some time on, because it's in an A2 zone, it's not in the downtown core, that we try to make it similar to probably what would be more residential in character so there'd be two buildings. One would be the club house and the other would be a storage unit, which we believe is consistent with what would be in the area so we are recommending you go with that. So with that. Mayor Furlong: Thank you. Questions for staff. Councilman Peterson: Kate, just to clarify. There has not been a hydrologic study completed, is that right? Kate Aanenson: No, there has not. Councilman Peterson: And that was, as I recall, one of the wishes of the Planning Commission and staff. Kate Aanenson: Well I think the Planning Commission debated whether or not what their role was and what the merit was on that. I think there was some discussion that was a private issue. They were looking at staff to look at it. I'm not sure there was concurrence so staff did add a condition, if the council felt that was something that was critical. Teresa Burgess: If I could clarify. That hydrologic study is something that we discussed with the Department of Health as being the only way to determine if this commercial well would have a negative impact on the surrounding wells and they did recommend it as an alternative to a wait and see, which was very concerning to the Planning Commission. Councilman Peterson: Okay, thank you. Mayor Furlong: Other questions for staff? Councilman Ayotte: Yeah. We do have a water capacity issue from an overall standpoint, so if, even if they do their own well, doing their own well will have to some measure an effect on the total capacity. True or false? Teresa Burgess: If it is determined in the future, this well is quite a ways away from our's so we should not see any interference. If it is determined in the future that this well interferes with potable use, which would be drinking water, whether city or the residents in the area, their permit would be revoked and we have a letter to that effect from the DNR. Councilman Ayotte: I'm not questioning, personally I like the idea of having the golf course so I'm not really concerned from that standpoint. What I'm trying to find out, irrespective of whether or not it has an effect on potable water. The fact that we have a capacity issue in the city of Chanhassen. If this to some degree would have an affect on that capacity, is that true or false? 0 0 0 City Council Meeting — September 8, 2003 Teresa Burgess: False. Councilman Ayotte: Okay. I'm satisfied now, thank you. Mayor Furlong: Other questions? Councilman Lundquist: The, either for Kate or Teresa. This hydro -geologic study, any idea what the, what something like that costs? How long does it take? How involved is it? What's it all about? Teresa Burgess: We have not performed one so I have no experience of cost. It was a recommendation of wording from the Department of Health, and I'm not sure how long or how much it would cost. Their concern was that the other alternative is to wait and see if there's any impact to the surrounding wells. At the same time they do not have any concern that it's likely looking at the well logs. Most of the surrounding wells are not as deep as this one is proposed to be. 'Councilman Lundquist: So if it was, normally in order to get this well they'd have to get a permit through the Department of Health, correct? Teresa Burgess: They will get their permit through the Department of Natural Resources. Councilman Lundquist: Okay the DNR, so before the DNR goes out and gives them the permit to knock the well in, they're going to look at the aquifer and all the surrounding stuff around there and do all of that good stuff. Would it be normal for them to go and do a hydro -geologic study if we hadn't requested that that be done? Teresa Burgess: No. Councilman Lundquist: Okay. That's all the questions I had. Mayor Furlong: Okay. Is it the expectation, based upon the wording of the hydro -geological study condition that that would be paid for and provided by the applicant? Teresa Burgess: That was the intention and we were trying to address the concern of the Planning Commission and the public that this well may impact the public properties. Mayor Furlong: Because that did come up in the public hearing, or public presentations at the Planning Commission. Teresa Burgess: Correct. The Planning Commission expressed a lot of concern and it came up quite frequently in the public hearing. 'Mayor Furlong: Okay. There were issues also on traffic and traffic flow along Pioneer Trail and the left turn lane, right turn lane. Could you address that a little bit. Kate Aanenson: I meant to discuss that in a little bit more detail. One of the things that the staff had recommended was the existing gravel road be realigned to tie into this intersection. It_ is of course sight line. The residents along that street chose to leave it the way it is and the Planning Commission ultimately concurred with that recommendation. Whenever there'd be an opportunity to mitigate issues, we try to do that but there was a concurrence on that. And the City Council Meeting — SepPember 8, 2003 • other one was lining up this driveway with Foxford Road for the access in so, and that has been accomplished. Mayor Furlong: And with that aligning of the driveway access with Foxford Road, are there tum lanes there or is that where, I thought it was on Pioneer that they were. Kate Aanenson: Yeah, those are some of the improvements for. Mayor Furlong: That they're planning? Kate Aanenson: If you look at the intersection, there will be some tapering down through here and I think that's something that we'll be working with the County on to accomplish that. Mayor Furlong: Okay, and my question is relating to safety here and traffic, both congestion along that road for a vehicle traveling westbound seeking to tum in is going to be more obstructing than a vehicle coming east that's accelerating out of the intersection. They're going to speed up to slow down where someone coming from the east is going to be at speed. Teresa Burgess: Carver County's engineering department looked at this and the recommendation was that the construction of a right tum lane into, a dedicated right tum lane into the golf course be constructed as part of the construction of the new driveway. They did not feel the need for a left tum lane in or for a construction of a through lane at this time. Mayor Furlong: Okay, and is that part of the improvements to that interchange as well? That that's going to happen. Teresa Burgess: No. They conditioned the approval to include a left tum, a right tum construction into as part of this project. That was part of the Carver County comments. Mayor Furlong: From an engineering standpoint and a traffic standpoint within the city of Chanhassen, do we concur with that? Teresa Burgess: I would defer to Carver County on this one because they are doing that larger project at the intersection and have a larger plan and I have not been involved in that discussion of what exactly they have planned at that intersection. Mayor Furlong: The other question that came up as part of the Planning Commission, the process was with regard to the connection to the city's trail system and specifically the timing of this development relative to the improvements at that interchange and I guess my question was, are we comfortable that, if they make a connection to our city trail, they're due to open, if I remember my dates correctly, in the spring of '05. If that sounds right, and it's going to be about that time that they're going to be redoing that interchange. Kate Aanenson: Right, and that's what we recommended that we take escrow for that. For those improvements including landscaping. Mayor Furlong: Oh so that landscaping would also include the trail connection. Kate Aanenson: Correct. So it'd be built after the road improvements are done and they didn't feel it was prudent to do it twice. 0 0 City Council Meeting — September 8, 2003 Mayor Purlong: Exactly. That was my question. And you mentioned landscaping so thank you for clarifying. Thank you. Those were my, I guess a point of clarification. In the staff report on page 15, under the site plan review. The recommended proposal. The bullet numbers slip there between 4 and 7. Were some deleted? Is that just a typo? Kate Aanenson: Yes. Some conditions were probably deleted. It should be. Mayor Furlong: That's fine as long as it's a typo. Kate Aanenson: Yep. Mayor Furlong: The report's complete? Kate Aanenson: Yes. Mayor Furlong: Thank you. Very good. Any other questions for staff at this point? Is the applicant here this evening? Would you like to matte a presentation or do you have some issues with council? ' Kevin Norby: I'll keep this very brief. My name is Kevin Norby. I'm a golf course architect working for the applicant, Ron Saatzer. The majority of your questions or comments seem to center around the water issue, and I'll see if I can clarify that. I've had a number of conversations with the Department of Health and Department of Natural Resources, as well as two well contractors, primarily Tim Berquam of Bergerson-Caswell, and I understand that they are also the well driller who has done some work for Bluff Creek Golf Course, Halla Nursery, and I believe the City Engineer indicated that they've done some work for the city as well so I think they're probably highly recommended. But the bottom line is that there was a lot of discussion, both at the initial I think August 19`s meeting regarding water. They tabled that and they tabled this issue so that we could further address the questions as to who administers the permit. Who oversees the process. What are the procedures, if there is a problem after the well is drilled, and so at the last meeting we provided additional information. As it turns out the permit is actually applied for through the Department of Health, and I think there's a letter, a DNR letter that we provided here tonight. A permit is actually issued by the Department of Health, but because this is a project or a well that will pump over a million gallons a year, it is then administered by the Department of Natural Resources, the Waters Division. And so what they do at that point, once we have a permit to pump, they come out. Inspect the well. They do some tests on it to make sure that it's operating properly. They also check to make sure that surrounding wells are not being impacted and there is a process, a legal process for following through if there are problems with that well, reducing the capacity or reducing having negative impacts on the neighboring homeowners or whomever. What we do know, or what we believe we know is that there are two aquifers. There's a shallower aquifer that's in the 200 or 260 foot range, and there's the deeper aquifer which you've probably heard of the Jordan aquifer. That's a large sea of water under there. It is the same aquifer that Bluff Creek pumps out of, and that Halla Nursery pumps out of, and the majority of the homeowners are pumping out of the shallower*glacial drift they call it. There are some homeowners in the area who's wells are as deep as 400 feet and are pumping out of this same aquifer. So the letter that you have from the DNR, from a gentleman named Dale Hommet. He's the Regional Hydrologist for this area. He's very familiar he said with this area. He says there are no issues as far as water capacity, water availability with the aquifer, the Jordan aquifer. And he said if for some reason conditions change or we screw up or they screw up, he said there is a process to go through. The name and address and so forth I think are on this letter indicating how to contact those people, and he said if it can't be resolved any other way, he said your well City Council Meeting — Septern r 8, 2003 • will be abandoned, our well be abandoned and we'll be forced to look for other alternatives. So fairly close scrutiny I think. The second comment rll just make here is that Ron has directed us on our plans with regard to the public trail, to indicate that because of the timing, he is willing to put in the trail from the club house to the right -0f --way on Pioneer Trail. See if I can, I guess it's not on, yeah it is on this plan? So he's willing to construct this trail over to the right-of-way. He's asking that the City be responsible for acquiring the permits and the design of that public trail within that public right -0f --way. As they did on the north side of Pioneer Trail recently I guess, so he would be willing to post a letter of credit and be financially responsible for the landscaping and the trail leading to ... for improvements within the right-of-way. As part of the overall bike trail plan that I think the city has. That's all I have. If you have questions, we'll try to answer those. Mayor Furlong: Thank you. Questions for the applicant. Councilman Peterson: You had mentioned that if the well was, needed to be abandoned, you would pursue other alternatives. Do you have any idea what they might be? Kevin Norby: Well it may be a well that is further. They talk about an area of influence so there's what they call a cone of depression. When you drill a well it creates a siphoning effect basically, and if there are other wells in the area which are impacted by that cone of depression, he may require that we drill a new well further from the residences. As it happens in this particular case we believe that our irrigation well will be located here. At the opposite end of the pond from our pumping station. It's possible that we may combine the pump station and the well into one unit and pump directly out of the ground to irrigate. Currently the way we're showing it on our plans, and we're theorizing is that we will actually pump into the pond during the day. We will irrigate out of the pond at night. So one of the alternatives would be relocating the well. Another would be a series of smaller wells, maybe two wells pumping half that capacity. We would be I think at that point open to basically recommendations from the Department of Natural Resources on how to solve the issue, if it were an issue. I will say this that, on the projects that we've done, golf courses in the past, we've not come across a situation where the client has had to do, the applicant has had to do a hydro -geologic study in advance of getting or applying for the permit. And I believe that when I spoke to Matt Saam, he indicated that if the city was extremely uncomfortable with this, that this would be another way to gain some measure of reassurance. But be did not expect there'd be any problems given the distance of these homes and the depth of the well. Councilman Peterson: Okay. Mayor Furlong: Thank you. Other questions for the applicant. Councilman Ayotte: Would you possibly know what the cost of such a study would be? Kevin Norby: I don't. I'm again not familiar with that as a pre -condition to applying for these permits. I'm sure that it would be in the thousands. I'd be guessing whether it's 5 or 50, I have no idea Councilman Ayotte: Thank you. Mayor Furlong: Okay thank you. Any other questions? Okay, thank you. I have a follow-up question for staff. The applicant raised the issue about payment of the trail. As the conditions currently read, is it our, how do the conditions currently read based on our understanding. 10 City Council Meeting — Sep• ber 8, 2003 • Kate Aanenson: The Planning Commission left that condition in. That the trails be constructed. Mayor Furlong: That the applicant would be responsible for building this trail to the intersection? Kate Aanenson: Correct. That was the recommendation from the Park and Ree's department. As a condition for impact. And the Planning Commission did leave that in. The applicant also raised that as an issue at the Planning Commission that he chose, would prefer not to do that. The Planning Commission did leave it in as a condition though. Mayor Furlong: Okay. Ahight, thank you. Councilman Peterson: One more question for staff. Teresa, once a cone of depression has happened, is that repairable through, not through man made power but will it come back? If cones of depression affects the houses in the neighborhood, you know do they have to re -drill? Teresa Burgess: If the well is shut off, the aquifer will recharge. It's a question of how long it takes but it will come back. Councilman Peterson: But it's months or years versus days, I would assume. Teresa Burgess: It varies from aquifer to aquifer and part of that will come when they do the test pumping. They'll look at how quickly it recharges. Once you establish that cone of depression, it does re -charge in the scheme of things relatively quickly. Councilman Ayotte: Say that again Teresa, louder. I didn't hear you. Teresa Burgess: In the scheme of things, in time, geologic time, it's very quick. Mayor Furlong: How long has this water been down there? Councilman Peterson: Isn't it longer than our term is? Teresa Burgess: As an example, we have the western side of town has three Jordan wells in it that do interfere with each other. The cone of depression does reach when one is pumping to the other one, and we typically see recharge within hours. When we shut down the well, does that answer the question? Kevin Norby: If I could, my understanding is that that cone of depression is, it's ahnost like when your sink is draining, of course the water's being sucked out of the aquifer so there's a depression around that When the pumps are shut off, that will equalize and recharge and come to it's static level. It's normal level relatively quickly. It's not months or even weeks. Mayor Furlong: Okay, thank you. I see Commissioner Slagle's in the audience. Is there any report or follow-up from the Planning Commission? Is there anything you'd like to add or emphasize as a representative? Rich Slagle: Mayor and council members. I think the only thing that I would like to add, and it sounds like it's being addressed tonight is, and it's not just this applicant but any, going forward with well and water usage, and I think that really, if there is a point to present to you, it's how do 11 City Council Meeting — Septer 8, 2003 • we handle water usage, especially with what's happening I think today on the way home I heard `CCO announce this was officially a drought. So that's really it. Mayor Furlong: Okay, thank you. If there's any other questions for staff, I'll bring it back to council for discussion. Councilman Peterson: Mr. Mayor I guess where I'm at with this, I'm still, I do have a water question yet and I guess I'm not unconvinced that we shouldn't do a hydro -geological study because of all the what ifs I've kind of heard and concerns that seem to be certainly legitimate. And secondly what I haven't seen tonight is a fiscal impact of moving this to, going non- residential developable area. I don't know if a golf course is, from a tax perspective better or worst. I can make some assumptions but I don't know. Kate, what have we got for timing? Kate Aanenson: The 60 days expires on September 161e. You could ask for an additional 60 days for additional information. Roger Knutson: You can just automatically take the additional 60 days if you want to. Kate Aanenson: Correct. Councilman Peterson: To get more information? Roger Knutson: Yes. Councilman Peterson: So with or without the applicant's? Kate Aanenson: Correct. Roger Knutson: All you have to do is send him a letter saying we need more time to gather, for whatever reason you have and you can take the full 120 days. Councilman Peterson: On the surface I like the project. It's just a matter of whether or not it's appropriate for the water and whether or not it's appropriate from a fiscal responsibility standpoint to our city. And I don't have the answers to either of those tonight so that would be my general opinion this evening. Mayor Furlong: Okay. Thank you. Other comments? Councilman Ayotte. Councilman Ayotte: I'll add revenue generation. Even if we war game it and put a series of assumptions down, so not only the fiscal trade-off that Craig's mentioning, but also what's in it for the City. And I know everyone runs around with the shirts with the little alligators on it and so forth is going to love this but in terms of what it does for the city, in the fiscal manner. I go back to the, I'm a little bit, when you call out the word that we've all had difficulty saying, we have to go down and look at hydro -geologic study, I'm somewhat surprised that no one can give me a cost of what that is and it tells me that we haven't done a complete job of getting the information so that this council can make a sound decision so I favor Councilman Peterson's position. I want it but I want to look at more information. Mayor Furlong: Thank you. Councilman Lundquist 12 0 0 City Council Meeting — September 8, 2003 Councilman Lundquist: My position, the water and the hydro -geologic, I guess my position is that there are processes, procedures, permits, everything already in place in jurisdictions that are outside of our control. Obviously the DNR and the Department of Health, we have to trust that they're going to do their job as well. Not knowing the cost of something like that, I think it's unfair to burden this particular applicant with an unknown cost. I mean who knows what it's going to be. Nobody in that area, the other businesses, Halla and Bluff Creek weren't burdened with it. It's not a common practice for golf courses to do these types of things. I understand the concerns. However I think we're over stepping our bounds by putting an unnecessary condition on the applicant when there's already two state agencies, at least two state agencies or federal agencies that will, are in place to monitor and regulate that. As far as the fiscal impacts, I guess I'm looking at that right now as a vacant lot and putting something on there. I understand that things can happen and if we were to bring city and sewer and water out there, that there's certainly a possibility of having some development go on there. I think we could argue back and forth about how, if a golf course increases the value of that land and the ability to develop around it, or decreases it and the other thing to keep in mind is it is just a lease on this property. It's not a purchase so there's always the ability for the land owner to not re -up the lease and do whatever he so chooses on that piece of land so. I'm sensitive to Mr. Saatzer's timing issues on getting some of his grading and seeding and things like that done yet in the next couple of weeks so that he can get his course opened within a year. If we get too far out and the weather turns bad on him, he's going to lose about 8 months on the process so I think we've done considerable amount of due diligence through the 6 or so hours that were spent by the Planning Commission on it and I think we should move forward and approve the conditional use and the site plan. Mayor Furlong: Okay, thank you. On the, I guess my comments follow similar in terms of emphasis on the water issue. We're including a condition, and Councilman Lundquist you raise the issue, we don't know what the cost or the time to complete that is. Yet what I'm hearing is that the only other option is a wait and see type option, which while all indications are that it won't cause a problem, it'd be nice to know what the cost is. What the timeframe is to complete that hydrological study so we can find out if there's a problem up front rather than trying to address it after it happens, if we have that option. Not knowing what the cost is or the time to complete, I don't know if that would delay the project moving forward in a timely manner or not. There is an issue for a fiscal impact standpoint, I agree with Councilman Peterson. I think there, it's something to look at to the extent that this is a viable use you know. It may be something where the property owner has the right to do this, but from a fiscal standpoint, not only with taxes but also when that area does have water and sewer provided, what the potential effect of that would be from a financial standpoint. It's my understanding, and correct me if I'm wrong, that the conditional use permit stays with the property as long as it, the property owner or, in this case, the lessee chooses to do that, but chooses to continue to utilize that. Kate Aanenson: Correct. It runs forever on the property. Mayor Furlong: Okay so, the question was raised and I think it's a valid point, if the lease expires that doesn't necessarily mean the conditional use permit expires. Kate Aanenson: That's correct. Mayor Furlong: Okay. Alright. And I think, Councilman Ayotte getting to your point of what's the benefit to the City? I think clearly as I mentioned we should look at the financial standpoint. I like it from the recreational benefit that it's going to provide the city and I like it from the standpoint that it's being provided to the residents by the private sector. That's what I like about it. This is going to be, I like the concept here and what they're trying to do and how they're 13 City Council Meeting — Sep tuber 8, 2003 • hying to do it. 1 think we have to be careful and move diligently to make sure that some of these questions get addressed. I can clearly see from reading the council minutes how prompt and responsive the applicant was in terms of going from the first meeting to the second meeting and how much was improved and all the questions were answered. Whether these other questions with regard to the fiscal standpoint and the water affect or impact can be answered in a timely manner, we don't know yet. But I guess I'd like to at least make sure that we look at it diligently and get the information so we can find out whether or not this request for the study is onerous and burdensome or not. Teresa Burgess: Mr. Mayor and council if I could. Staff had originally recommended a condition that had stated that the property would be responsible if there wasn't determined to be an impact on the neighboring wells, to either adjust their operation to eliminate the impact or to work with the neighboring property owners to mitigate the impact through either drilling their wells deeper or getting them an alternative water source. The Planning Commission rejected that condition and this condition was intended as a replacement for that original. That original condition is much less onerous because it is exactly what the DNR is requiring them to do anyway, and we were just stating it so it would be in the conditions of approval. Mayor Furlong: Okay. Thank you. Are there any other comments or discussion from the council? Kevin Norby: If I could, is it a public hearing still? Mayor Furlong: No. It's not really a public hearing anyway, just an opportunity to discussion so, but unless there's something sir. Roger Knutson: Mr. Mayor? I just want to point out, the normal well interference process and how it works, just so everyone's aware of it. If the city digs a well, which we frequently do, and it's later learned that the wells that were in existence at the time we drilled were adversely affected. Dried up so to speak because of our action, there's a process through the DNR for the homeowner to go to the DNR file a complaint. The DNR has a hearing. The DNR determines that your well has caused the other well to fail. You're required to pay the other guy to dig a deeper well. So you essentially have to buy them a new well. That's how it works on the municipal scene. Mayor Furlong: I guess if I can ask, what's the typical process and cost associated with that process? Roger Knutson: Digging a new well? Mayor Furlong: Not the well. The process to get the well dug. That you described. Roger Knutson: For the city it can be costly but my experience as landowner usually go to the DNR by themselves. They can. And the DNR, because what the landowner would do is go to the DNR and complain. Last year my well worked. They put in a new well. Now my well doesn't work. Or they'll just go and complain my well is dried up. Then the DNR staff goes out and sees what's going on. They look at the new wells in the area and they determine, they make their own judgment and then it goes in front of an administrative law judge, and that administrative law judge rules. And unfortunately for some of my clients they've written checks because when you have a big well like a community, a city well, it draws a lot of water and if you have shallower wells in the area, it can draw those down. So they get new wells from that result. 14 0 • City Council Meeting — September 8, 2003 Mayor Furlong: Thank you. Is there other discussion or additional discussion? None? Is there a motion? Councilman Peterson: I'd make a motion to table to get more information than we've presented to staff. Kate Aanenson: Just for clarification, assuming that that's the direction you want is impact, how much a hydrological study, timeframe and fiscal impacts. Councilman Peterson: Fiscal impacts. Mayor Furlong: Motion's been made. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Is there any discussion on the motion? I guess a question I would ask, do we have any idea when we might be able to receive those, that information back? How quickly? Kate Aanenson: We'll work as quickly as we can. Mayor Furlong: Alright. Councilman Peterson: I mean I'd like to try to get it to the next meeting. If we can. That's the goal. Mayor Furlong: And I think that addresses Councilman Lundquist's valid issue with regard to timing. Is there any other discussion? If not we'll proceed with the vote. Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the request for a conditional use permit and site plan for a golf course located at the southeast comer of Great Plains Boulevard and Pioneer Trail. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. Kevin Norby: Can we ask specifically what information you're looking for? How much the hydro -geologic study costs? Kate Aanenson: We'd be happy to meet with them tomorrow. Mayor Furlong: Do you want to work with staff on that? And I think they'll be responsive. APPROVAL OF 2004 PRELIMINARY TAX LEVY. Public Present: Name Address Sam & Nancy Mancino Chanhassen Ron Saatzer 9450 Foxford Road 15 0 9 Minnesota Department of Natural Resources Central Region Waters - 1200 Wainer Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 September 5, 2003 Kevin Norby Herefort Norby Associates SEP 6452 City West Parkway ' q 2003 Eden Prairie, MN 55344 CITY OF CHMHASSEN RE: Water Appropriation Permit Requirements; City of Chanhassen Dear Mr. Norby; I understand that you are in the process of designing or developing a new 9 -hole golf course in the City of Chanhassen. You asked me to explain Department of Natural Resource (DNR) permitting requirements relating to water appropriation for such golf courses, and how we would handle any problems with neighboring private wells. I further understand that irrigation of the golf course would probably be accomplished from a well drilled into the Jordan aquifer. First, let me explain that you must obtain a permit to drill such wells through the Minnesota Department of Health. You would apply for a water appropriation permit from the DNR only when you plan to pump more than 10,000 gallons per day or I million gallons per year from such wells. Typically, we need to see a copy of the well log and the test pumping results before we can make decisions on DNR appropriation permits. So far, we have had no significant problems with water use conflicts in the Chanhassen area. No permits have been denied to appropriate from the Jordan aquifer in this area. However, with the rate of growth, such problems are possible in the future. If a water use conflict occurred, golf course irrigation is considered a nonessential use and you would be ordered to cut back or cease pumping if you were affecting any other users. Anyone who thinks his or her water supply is being affected by your appropriation can file a well interference complaint with the DNR The forms and detailed information on this process can be found at our web site at: If the DNR finds that you are interfering with a neighboring domestic well, you will be required to either restrict your appropriation or to negotiate a reasonable settlement with the domestic well owner. I hope this answers your questions. If not, please contact Area Hydrologist Julie Ekman, at 651-772-7919. �Sincerely, ff � (�� Dale E. Homuth Regional Hydrologist / c: City of Chanhassen ✓ Julie Elrrnan, Area Hydrologist DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a # Minimum of 20% Post -Consumer Waste City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 7/24/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Conditional Use and site plan request with variances for a Golf Course on property zoned A-2 located at the southeast comer of the intersection of Pioneer Trail and Great Plains Boulevard, SMG, Inc. Planning Case: 2003-7 Site Plan and 2003-4 CUP The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 18, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 19, at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 8, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. tty Departments City Engineer b. City Attorney City Park Director ire Marshal Building Official Water Resources Coordinator Forester 2. Watershed District Engineer 3. Soil Conservation Service ed MN Dept. of Transportation 5. U.S. Army Corps of Engineers Minnegasco 7. MN Dept. of Natural Resources /6)relephone Company (US West or United) lectric Company (Excel Energy or MN Valley) 10. Triax Cable System 11. U. S. Fish and Wildlife er County Engineer b. Environmental Services 13. Other - 14. Sep -15-03 11:56A NORBY/KAWELL 9529420197 P-03 Dep r[ ZUUJ lu:le 1rU•-S#U ROSEnE 11nDERLIK 651r 1,1311 p.2 • baA lt¢b�-rs .{, Yenel4ee. ]oarnq M1aIIW .M•O MracPrq.11R y wr wlWwwll.e w[IIM�Fauar OPPer/uwl/✓ EmOrNre/ onestroo ann FrnpbFee O,enetl Irosene P.indPwlp 01rn! vrr -M,.nn rr IS.pinI Se,ur4n nF G,en,R C.r.A ^F Pnarq! 4�nun,c+[, rC.. y A roomer M.. A A k/arnv PE. bnderlik & semy Caglull aqa. 14ct., l W. 1lC3en0. PL • JwePn L. AnderllL. Pt • 11cMN t Ipenn rY • Swa M Epenrn ' Pn n /�• n.aenare nIAalPan; rr;rh A Gnrddq, PE . BOeen F Ptellrrlr, YF . Hrrh„nl w r_(, ., rr her,a O Leamre. re . . kssoaates W[harl 1 P '=iiw P,r . ICJ R nue rE • rennerh P Ande/LPA, PE.. Aam F Me. 11% rr • 0110 A. Je �fvoa. M B VIP .n P wrMarnrro Re, F c /•r , M, rtgl9. MD.q.. P.11Y1 Y¢k Vnmel. PF. • 1 N:ma. W r.rertnn YF Engineers 6 Architects JPnei X MlLw,q P` - mftt fl Jmten. Yk 1. Poetlip (/lye%Ill. PC. W ,,el J. !'Xaertan Pk • 49 00 maRu,pc, Pt - rnnma, A t,un Pr . uv lnnn 1 lonn„­ • pole A r -c—, rr. • ncomm A. knui vc rr • Pnnrrr nr—,e Pr Olt Ices. 31. P.•.J F! Ck-1, Rc, I,e,:n -0 W;Ih—r, MN • WJ wke•. wl • CI- ryu. It Wt];C I.; —.,.• i0K'subt. ccm Septe bcr 12, 2003 I vin . Norby and Associates, Inc. 452 ity West Parkway den djrairie, Ntbrinesota 55344 Li Ibeear:�r. Norby, i We have reviewed your request for information regarding the approval pmccss of Minnesota IDepartlnent of Natural Resotuces (DNR) in regards to the planned imgation well for the Chanhsscn hm Short Courae. The following is a summary of the DNR review process and possib out3:ovres orchis review process, water well is plannind 10 withdraw over 10,000 gallons per day (or 1,000,000 gallons '), it meets the DNR's definition of a high capacity well. The DNR controls the ng process for high capacity wells in the State of Minnesota. is a summary of what the DNR investigates when granting this well permit y, what an extensive hydrogeological study would entail. hen a DNR is reviewing a request to install a high capacity well, they generally look for o p tential adverse impacts that could result from pumping this well. The r-u'st would be utnpi�g interference with other nearby wells. Pumping intertcrence occurs when the s:Zi ge of water is great enough as to cause the water level of the aguifcr to be temporarily jqwered in the vicinity of the pumping well_ If other nearby wells completed in the same utfett have their pumps set near the top of the wuLcr table in the aquifer, there is a potential at pumping this new high-capaeiry well could cause the water level in the nearby well.% to I op blow the pumps, effectively rendering, those wells "dry." I sec Ind possible impact the DNR may investigate is whether pumping from this high- aapacio well is affecting any nearby unique natural fealures, such as wetlands, trout streams, �rcalcTtreous fens that arc fed by groundwater. If a nearby natural feature is found to rely on unEiwuter to maintain a healthy eco -system, the DNR may determine that a nearby high- 4apactty well could adversely impact this nattaal feature. 2335 west Highway 36 Is St. Paul, MN 55113 4 6SI-636-4600 • Fan: 651-636-1311 Sep -15-03 11:56A NORBY/KAWELL 9529420197 P_O4 aep to euu3 1S: tt Bol" -STR00 ROSENE RNDERLIK 6 .,' S1311 p.3 � _-- cunt luct their review, the DNR researches locally available information about the aquifer this case, the Jordan Sandstone). Information is studied regarding historical aquifer water els, py available aquifer pumping tests from nemby wells, and the locauan of any nearby Is in the same aquifer. Predictive calculations may he made by the DNR to estimate how :h ' rawdown" would occur in the aquifer with the proposed well pumping over an :n period. the DNR does not identify any nearby wells or natural features that would be impacted by s high capacity well, they will generally grant the permit for the high-capacity well withotn y further review. Also, if the DNR does note nearby wells or natural features, but does not edict he new well will have an adverse impact on these features, the DNR will generally int th well permit. where nearby wells or natural features may be adversely impacted, the DNR usually that the party applying for the well permit conduct a more extensive hydrugeological order to obtain a pumping permit. When ri-quested by the DNR, a hydrogeological study is used to more accurately predict what impact , pumping well will have on the surrounding aquifer, While the level of effort irivolved to complete this study depends on what the DNR requests for each unique ci,irrumsLance, the following is a summary of typical steps involved in conducting a study. 1 orde to effectively predict the influence of a high-capacity pumping well, the best tool to divelop this prediction is to conduct a pumping test within the aquifer. This test is conducted b pum ing water fruru either an existing nearby high-capacity well or a newly constructed test well. During this test pumping, water levels arc measured in the pumping well and any nearby 1<vailahle monitoring wells. These monitoring wells can consist of existing domestic w�lls, citisting irrigation wells. existing municipal wells, or newly cunstnuaed wells designed f7 the Purpose of data collection. g of the data collected in this pumping test are used to calculate the yield of the I the measured distance -drawdown caused from the pumping well. This data then :red into a computer-generated groundwater model or a similar predictive program the amount of influence the pumping well will have. This data is then supplied to who ultimately decides if the predicted level of impact from this well is acceptable Kxsed loeadon. x conduct the data collection and analysis for a typical hydrogeological study can leen $15,000425A]IO, depending on what level of effort the DNR requests to "te study. This estimate does not include costs involved with drilling a test well (or wells) for use in the pumping test. Typically, a 6 -inch diameter test well can cost rile 2 -inch diameter monitoring wells can cost $10,000 each. Sep -15-03 11:56A NOBBY/KAWELL 9529420197 P-05 Sep 12 2uU3 16:11 BO—S Roo RUSENE Rn13ERLIK 651' 511 p-4 be noted that the completion of the aquifer pumping test and analysis does nol that the DNR will ultimately grant the high capacity well per=,. de the DNR makes the ultimate decision on whether to grant a high-capacity well permit, well owner is still held responsible for any advcrsc impacts caused from pumping this I. If it can be proven that a high capacity well is drying out nearby wells or is adversely acdg natural features of interest, the well owner is the responsible party required to either eet �he problem and/or cease pumping from the high capacity well. you h�ve any further questions, please contact us at (651) 636-66W. Richard! W. Foster, Y.1:_ Ajssociaje Principal and Associates, It= Sep -15-03 11:56A NORBY/KAW L 9529420197 P-03 SRP le euuj 16:1e 9U --S ROSENE RMDERLIK 651 r-8110 P.2 • Eoneabae. Eoar... M1vrIW 4C 4gaUny. hw y w, ArfbwnU< MIIw,�EK•,a OPPsrtuMry E,nOblrl rGsonestroo anr1 E'I.Pbarr a�nrd P.:n.q,wa: rano r. A!.nl'-V^^ Fr u.,,ln f lorvwn .F ele t.:I C-1 ^F • P.—. G yw¢'•a. r[.. osene 11ly nna,lnn nF • M.k A wws us PE .hnderllk & Sm,N Cen'.4-nu. KM•HI W. Vel.,t. PL • Jcecen e. P.NPnm. I•k • R¢Mrd t Iwne, PY • Sm» fA EJIr,. k n P.A. j Ar,rrlate rNPCIPa4; ee;Ih A Cee de FE . Repan R PrrurA4 OF . BmA.nd W M1..u., rr . ']erla u Loakms. rE. . Af,se iates kM1C1 I I Va Tbo P.F • TN K 6Oe. rC . Fenr:e[n P. And*rm ft MAM1 R U'f' !C • Jm-N A Ro �nre4 kIO.A. . SWn�J F YriM. . PF. 1 t ArP.rt M. trap). MDA . P_lil V"k Wr M. Rf.. 1 nnma. W Yjlnleeft 6 Architects IPnr(R veli V` - mlc%" Jensen. OF • t, mwlp E,FJueI1V. Pr • U. J. k-Narrton. Vk • Im,�cl MAryrcr. FK - i I IM,wa. A lrl\n Pr , th,!nnn 1 blues,•: • cl r A PC • Mh w A Rmt Pe - Antes •. gr.np Pr Olfleea: SL P.!.11. 51 rk.wl. 9c. Lev aa1 WNYnn,,1 • Y:ly rvlp, M • elw Nu. It rkl 411t9; ---rsr "p ICpw cent �cpten ibcr 12, 2003 I i vin 31. Norby and Associates, Inc. 45'2 ity West Parkway den *airie, :Minnesota 55344 i lbeear ,r. Norby, I i We have reviewed your request for information regarding the approval process of Minnesota 1Departinent of Natural Resources (DNR) in regard -3 to the planned imgation well for the 'ha#scn Short Course. The following is a summary of the DNR review process and possib oult;omes of this review process. I i henwater well is planned to withdraw over 10,000 gallons per day (or 1,000,000 gallons per year), it meets the DNR's definition of a high capacity c alwell. The DNR controls the y Tog process for high capacity wells in the State of Minnesota. he f I owing is a summary of what the DNR investigates when granting this well permit d, if e cessary, what an extensive hydmgeological study would entail. he DNR is reviewing a request to instal] a high capacity well, they generally look for ential adverse impacts that could result from pumping this wall. The first would be g interference with other nearby wells. Primping interference occurs when the ;e of water is great enough as to cause the water level of the aquifer to be temporarily I in the vicinity of the pumping well- if other nearby wells completed in the same have their pumps set near the top of the water table in the aquifer, there is a potential raping this new highcapaeiry well could cause the water level in the nearby wells to low the pumps, effectively rendering those wells "dry." d possible impact the DNR may investigate is whether pumping from this high - well is affecting any nearby unique natural features, such as wetlands, trnut streams, eous fens rhat arc fed by groundwater. Lf a nearby natural feature is found to rely on utcr rn maintain a healthy eco -system, the DNR may determine that a nearby high - well could adversely impact this nattrral feature. 2335 West Highway 36 R St. Paul, MN 55113 • 651-636-4600 r Fax: 651-636-1311 Sep -15-03 11:56A NORBY/KAWELL hep 12 eUU3 16:1.^, 00--STROO ROSENE i 9529420197 ANDERL,IK O1.' S1311 shot be noted that the completion of the aquifer pumping test and analysis does not uran that the DNR will ultimately grant the high capacity well permit. DNR mattes the ultimate decision on whether to grant a high-capacity well permit, owner is still held =punsible for any adverse impacts caused from pumping this can he proven that a high capacity well is drying out nearby wells or is adversely I natural features of interest, the well uwner is the responsible party required to either e problem and/or cease pumping from the high capacity well. any further questions, please contact us at (651) 636 -4600 - W. roster, P.E- e Principal and Associates, It= P.05 p, 4 MEMORANDUM CITY OF TO: Sharmeen AI-Jaff, Senior Planner CIIANIIASSEN 7700 Market Boulevard FROM: Matt Saam, Asst. City Engineer j(�� PO Boz 147 Chanhassen, MN 55317 DATE: September 3, 2003 Administration Phone: 952 227.1100 SUBJ: City Council Update on Chanhassen Short Course Fax: 952.227.1110 Land Use Review File No. 03-15 Building Inspections Far_ 9'2 227.1190 At the September 2, 2003 Planning Commission (PC) meeting, there were three Engineering main issues raised by the Commissioners and the public: Phone: 952.227.1160 Fax: 952227.1170 1) Well Interference Finance Phone: 952,227 1140 During the Planning Commission Meeting, several property owners expressed Fax 9522271110 concern about the potential of impacts from the commercial well on surrounding Park & Recreation wells. The applicant has submitted a letter from the well company stating that Phone: 952 227.1120 interference should not be an issue. Following the PC meeting, staff checked with Fax: 952.227.1110 the Department of Health, the state permitting agency for private wells, to see Recreation center what mitigation effort(s) could be installed to decrease the chance of the golf 2310 Coulter Boulevard Phone: 952227.1400 course's well affecting the neighboring properties wells. The Dept. of Health Fax: 952.227 1404 recommended that a hydrogeologic study be completed on the golf course site to show that there will be no impact to the surrounding wells. As such, staff is Planning & Natural Resourcesrecommending that this hydrogeologic study be completed by the applicant as a Phone: 952.227.1130 condition of the CUP approval. Fax 952 227.1110 Public works 2) Summary of Mn/DOT comments 1591 Park Road Phone: 952.227.1300 The Mn/DOT review letter dated 8/26/03 pointed out the following concerns: Fax: 952.227.1310 . A drainage permit will be required for the drainage that flows off the Senior center golf course site and into the TH 101 drainage ditch. Phone: 952.227.1125 . The applicant should be aware that a signal improvement project will Fax: 952.227.1110 be going in at the corner of 101/Pioneer Trl. in 2005. Mn/DOT will Web she need to acquire additional right-of-way in that area for the project. www.b.chanhassen.mn.us The applicant should take that into consideration for the design of the golf course and landscaping. It should be noted that, with the deletion of the proposed access onto 101, only one (1) Mn/DOT permit should be needed for this development in its current form. This is contrary to what the 8/26 Mn/DOT letter stated. The City of 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. 0 0 3) Summary of Carver County comments The Carver County review letter dated 8/29/03 pointed out the following concerns: • An access permit will be required for the proposed access to the golf course site from Pioneer Trail. • The applicant should be aware that a signal improvement project will be going in at the corner of 101 /Pioneer Trl. in 2005. The County may need to acquire additional right-of-way in that area if trails, berming, landscaping, etc. are needed along Pioneer Trl. The applicant should take that into consideration for the design of the golf course and landscaping. • Permits are required for the installation of any public utility lines within Pioneer Trl. right-of-way. In addition, any grading, landscaping, or trees within the right-of-way will be subject to the review and approval of the County. • Noise abatement, due to increased traffic along Pioneer Trl., will be the responsibility of the applicant. • The County is recommending that the applicant be responsible for the final condition of the County road right-of-way. The right-of-way needs to be left in "as good or better condition." • A right -tum lane is required to be delineated at the entrance to the site off of Pioneer Trl. A left turn lane may also be required to Foxford Rd. Staff will verify this with the County. • The County also expressed concern that the approval of the golf course could greatly restrict and increase costs for the future realignment options for 101. RECOMMENDED CONDITIONS 1. A hydrogeologic study shall be completed on the golf course site to show that there will be no impact to the surrounding wells. 2. Comply with all conditions of the Carver County review letter dated 8/29/03. 3. Comply with all conditions of the Mn/DOT review letter dated 8/26/03. c: Teresa J. Burgess, Public Works Director/City Engineer Mak Sweidan, Engineer g:\eng\projects\golf counc\cc update Am 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 General Phone: 952-227-1100 Administrative Fax: 952-227-1110 Bldg/lnspections Fax: 952-227-1190 Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 Web Address: www.ctchanhassen.mm= 6 • FAX COVER SHEET Date: `l/1 6/03 Company: Attention: Kern Ho r m b y, Fax Number: Sent By: I< cue A mAV-A5 o h Direct Dial No:( 9 51221-1139 {a�y5 Z K34- "L, Sending 1— pages, including cover page. ❑X Please find the information you requested ❑ Please review and call me ❑ Please call to confirm receipt of this fax If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. DNR WRTER Fax:651-296-0445 i Sep 15� 1039 Minnesota Department. of Natural Resources September 14, 2003 Kevin Norby Herefort Norby Associates 6452 City West Parkway Eden Prairie, MN 55344 300 Lafayerte Ronl St.1'aul. Mil"Immiln 15155.40_ RE: Water Appropriation Permit Requirements: City of Chanhassen Dear Mr. Norby, P. 02/07 It is my understanding that your client is planning to appropriate ground water from a well for irrigation of a nine -hole golf course and the City of Chanhassen Council is requiring your client to perform a hydrogeologic study to investigate ground water availability and the potential for well interference. A ground water study can be anything from a review of existing information to a detailed analysis of field data, including aquifer testing. The following explains what the Department of Natural Resources (DNR) will require of your client if they plan to appropriate ground water for irrigation purposes. As Regional Hydrologist, Dale Homuth indicated in his letter to you dated September 5, 2003, a Water Appropriation Permit will be required from the DNR if your client plans to pump more than 10,000 gallons per day, or 1 million gallons per year. I would direct your attention to the DNR Waters web site for copies of the application and a general explanation of the application process: htt0://www.dnr.state.mn-us/waters/waterrnnmt t,#.-.] In addition to the general requirements. your client will be required to submita map or air photo showing the locations of all domestic welts within a 1 -0 -mile radius and all production wells within a 1.5 -mile radius of the irrigation well. In addition to the map/photo, your client should collect and submit well information for all domestic wells within a one (1) mite radius and all production wells within a 1.5 mile radius of the well site (a copy of the domestic well information sheet is attached for your convenience). DNR staff has performed a rudimentary search of the Minnesota Geological Surveys County Well Index (MGS-CWI) and have identified 181 domestic wells and six (6) production wells in a nine square mile (3 sections by 3 sections) area centered on the golf course site. Based upon this information it appears that the majority of the domestic wells in the area are completed in glacial sediments or the first bedrock aquifer, the Prairie du Chien formation. Note that the "County Well Index", generally contains wells recently constructed and does not contain many wells constructed before 1980. Therefore, it is necessary to visit potential domestic wells in the field and not rely solely on County Well Index. It is my understanding that your client has not yet drilled a well_ Given the apparent number of nearby domestic wells completed in the glacial deposits or Prairie du Chien formation, consider drilling the production well into a deeper aquifer system such as the Franconia -Ironton -Galesville (FIG) Sandstone. It is generally accepted that the FIG is hydraulically disconnected from the overlying Prairie du Chien -Jordan aquifer system. Pumping from a production well completed in the FIG would not be likely to impact water levels in the domestic wells completed in the overlying DNR Information: 651-296-6157 • 1-888-646-6367 " TTY: 651-296-5484 • 1-800-657-3929 An Equal Opponunity Employer Printed OR Recycled Paper Cnntaining a Minimum of 109E Post -Consumer wasm DNR WATER Fax:651-296-0445 Sep 15 '03 10:40 P.03/07 • formations (note the MGS-CWI search did identify several wells completed in the Franconia formation). Once your client has submitted the well log for the production well and the above referenced domestic well information, DNR may require aquifer testing of the well. The need for an aquifer test will be based upon the source aquifer to be pumped, the requested pumping rate, and the number, proximity and depths of neighboring wells. The purpose of an aquifer test is to evaluate the potential impacts the appropriation may have on the source aquifer, surrounding wells, and if appropriate, nearby surface water features. DNR would identify any nearby wells that should be monitored during the aquifer test. Generally the permittee or their agent conducts the aquifer test. I have enclosed an example of the aquifer test requirement for your review. Be aware that your client may be required to drill an observation well for use during the aquifer test and any long-term water level monitoring deemed necessary after the test. If you have any questions about the domestic well information or aquifertesting requirements, please contact me at 651-296-0517 or via e-mail at Jay. FrischmanOdnr.state mn us. if you have any questions about the permitting process, please contact Area Hydrologist Julie Ekman at 651- 772-7919. Sincerely, Jay R. Friachmen, PC HydrogeoloUisl Ground Water Unit Cc; Brian Rongltach, SuperVisor Julie Ekman; Area Hydrologist Teresa Burgess, City of Chanhassen DNR WRTER Fax:651-296-0445 • Sep 15 '03 1040 • Domestic Well Information Map ID_ Phone Well Owner's Name Well Depth (feet) Diameter Non -pumping Water Level Well Constructed in (year) by Type of Pump Length of Drop Pipe in Well P. 04/07 (inches) Type of casing (feet) below ground surface (well driller name). Pump Capacity (GPM) Map ID, Phone Well Owner's Name Address Well Depth (feet) Diameter (inches) Type of casing Non -pumping Water Level (feet) below ground surface Well Constructed in (year) by (well driller name). Type of Pump Pump Capacity (GPM) Length of. Drop Pipe in Well (feet) Map ID. Well Owner's Na Well Depth (feet) Diameter Non -pumping Water Level Well Constructed in (year) by Type of Pump Length of Drop Pipe in Well Phone (inches) Type of casing (feet) below ground surface (well driller name). — Pump Capacity (GPM) DNR WRTER Fax:651-296-0445 • AQUIFER TEST REQUIREMENT EXAMPLE June 30, 2003 Sep 15 10:40 Aquifer testing of proposed irrigation well in Section 22, T140N. R35W, Hubbard County. P. 05/07 You have proposed to irrigate crops in the above location using a yet to be drilled production well. The test hole log (unique 688175) you have submitted appears to have identified a sand aquifer (source aquifer) at a depth of 166-200 feet below the land surface. On 6/23/03 you indicated (via telephone) that you hope to use this aquifer as the source for your crop irrigation. At that time we discussed the need for the installation of an observation well into the source aquifer and the requirement to conduct an aquifer test on the production well. Today you stated that Kelly Elsner plans to start drilling the new wells this Wednesday (7/2/03). Mr. Elsner should install the production and observation well in such a fashion that eliminates hydraulic communication between the source aquifer and any overlying surficial aquifer. This letter is meant to outline the information the DNR will need to evaluate the potential impacts use of your planned production well may have on the source aquifer, surrounding domestic water supply wells and the Straight River. The Department hopes that by providing information to you about DNR's data needs. you may potentially avoid the need to conduct more than one such test on the proposed production well- The ell The following information should be collected by you and submitted to DNR prior to the aquifer test: 1) A map or air photo showing the locations of all wells within a 1.5 -mite radius of the production well. 2) Well information for all domestic and high capacity wells within 1.5 miles of the production well. The current computer well database, "County Well Index", generally contains wells recently constructed and does not contain many wells constructed before 1980_ Therefore, it is necessary to visit potential domestic wells in the field and not rely solely on County Well Index. Complete a Domestic Well Information sheet (attachment A) if a Water Well Record is not available for a domestic well, If a farmstead is present on the air photo but is vacant -please report as vacant_ Be sure to identify locations for each well with a number on the map that corresponds to a number on the Worksheet or Water Well Record. 3) Well logs for both the production and observation wells. The observation well should be minimum of two (2) inches in diameter, have a screen length of 5-10 feet and the screen should be set at the same approximate elevation as the center of the production well screen. As stated above, both wells should be grouted in such a fashion that there is no hydraulic communication between the source aquifer and any overlying aquifers. Objective: As stated above, the aquifer test goal is to evaluate the potential impacts the new production well may have on the source aquifer, surrounding domestic wells, and the Straight River. You should conduct a pump test of at least 3 days duration or until water levels stabilize in the production well, whichever is longer. See "Recovery" section below for monitoring of post -pumping phase data requirements. The pumping test should be conducted at the maximum rate you plan to request for your permit. Wells to be monitored: Following review of the domestic well information, DNR will identify any domestic or irrigation wells you should monitor during the pumping test. You should contact local property owners for permission to monitor water levels in these wells. DNR WATER Fax:651-296-0445 Sep 15 '03 10:40 P.06/07 • Pump Test and Data Collection At a minimum, daily pretest water levels should be collected in each domestic, production, and observation well(s) for 3 days. These measurements are to be repeated just prior (within one hour) to the start of the test_ You are responsible for pre-test water level measurements, pump setup, pump discharge measurements, rapid conveyance of water away from the well field, and water level measurements in the pumping and domestic wells. Since it appears that the source aquifer is separated from the surficial aquifer by a thick clay layer, the water may be pumped through the center pivot. If, however, the production and observation wells are not constructed so the source aquifer is separated from the overlying surficial aquifer, the water will have to be conveyed away from the irrigation well via pipeline. Data recorders are recommended and should be installed in the pumping well and in the observation well. The data loggers should be installed at least one week prior to the test and allowed to run until recovery is complete or for a time equal to the duration of pumping, whichever is longer. Data collected must allow estimation of aquifer parameters. Attachment B defines the measurement frequency required for the production and observation wells. In general, water levels in domestic wells are to be measured a minimum of two times every 24 hours, once between 2 p.m. and 4 p.m. and once between midnight and 5 a.m. The well should be measured twice during each visit in case it is recovering or pumping. If the reader believes the domestic well pump has just run, s/he should return to the well later during the same rounds to confirm the accuracy of the measurement. In the case of domestic wells supplying more than simple domestic use (for example a well serving a cattle operation) it will be necessary to increase the number of readings thus minimizing the effects of well owner's own use on the data. The production well should be equipped with a flow meter that measures both rate and volume. The rate and volume should be recorded approximately every hour. The well's discharge must not return to the aquifer within the pumping zone of influence. At a minimum the discharge should be 500 feet from the production wells and as far from the other monitored wells as possible. Since the aquifer being test pumped is a confined aquifer, barometric pressure should be monitored during the pretest, pumping and recovery phases_ The barometric pressure should be measured and recorded hourly and submitted with the pump test water level data. The barometric pressure should be measured and reported in inches of mercury to the nearest hundredth (Le. 29.86). If the production well being tested stops pumping in the early minutes of the test, the test cannot be restarted until the water level recovers to the original static water level. If the interruption in pumping occurs more than one day into the test, recovery measurements are to begin immediately while efforts are made to restart the pump. Once the pump is running again, measurements should be taken at the frequency prescribed for the start-up of the test (as if the test were starting again). The pump test will continue once the drawdowns measured immediately prior to shutdown are reestablished. For example: Eight hours into a 24-hour test, a drawdown of 5.1 feet was measured in the observation well nearest the pumping well. Shortly thereafter a problem with the generator shuts down the pump. Dataloggers are quickly reset to measure recovery. Once the pump is back on-line, the crew begins measurements as if the pump test were just starting. As soon as the water level in the nearest observation well is back down to 5.1 feet of drawdown, the remaining 16 hours of the pump test start. Recovery The recovery portion of the aquifer test starts immediately upon turning off the pump. Water levels are to be read in monitored wells at the same time, frequency, and intervals measured during the drawdown portion of the aquifer test. Recovery measurements in all wells should continue to be taken either for alength of time equal to the pumping duration or until the water level has returned to the initial non -pumping level, whichever is longer_ Reporting In addition to providing the raw data in both paper and electronic format, you must submit a report of the results of the aquifer test The report should summarize: DNR WRTER Fax:651-296-0445 • Sep 15� 10:41 R. 07/07 1) The pumping rates and times for the production well(s). A gallon total for each production well should also be included_ 2) Aquifer parameters as estimated from drawdown and recovery information. 3) Measured drawdowns in the production well, observation wells and domestic wells during the test. 4) Final recovery water levels at the end the test. 5). Barometric pressure readings in inches of mercury to the nearest hundredth (i.e. 29.86). 6) Predicted drawdowns in the Plant well, observation well(s), and domestic wells after 7, 14 and 30 days of pumping at the desired maximum permitted rate given the calculated aquifer parameters. 7) The report must be completed by a Minnesota Licensed Professional Geologist and submitted to the DNR as part of any permit application. The above noted information must be submitted to DNR as part of any permit application for the proposed well. Note that at this time DNR is not planning to provide staffing for this aquifer test_ If after review of the domestic well information, active DNR participation is deemed necessary, we will notify you about coordinating with our staff_ If you have any questions about the aquifer test, please feel free to contact me at 651-296-0517. If you have any questions about the permitting requirements, please contact Kirk English, Area Hydrologist, at 218-755-3638. Sincerely, DIVISION, OF WATERS Jay R. Frischman, PG Hydrogeologist, Ground Water Unit Cc: Brian Rongitsch, Ground Water Supervisor Larry Kramka, Regional Hydrologist Kirk English, Area Hydrologist Building Inspections Executive Summary Phone: 952.227.1180 MEMORANDUM Cl l l OF Engineering located on property zoned A-2, and a site plan for the construction of a club CgANHASSEN To: Todd Gerhardt, City Manager 7700 Market Boulevard From: Sharmeen Al-Jaff, Senior Planner PO Box 147 There were concerns from the commission and neighbors regarding the impact to (v'Q Chanhassen, MN 55317 Date: September 4, 2003 Administration that there will be no impact to the surrounding wells. Fax 952.227.1110 Phone: 952.227.1100 Re: Chanhassen Short Course Fax: 952.227 1110 1591 Park Road Phone: 952.227.1300 Building Inspections Executive Summary Phone: 952.227.1180 Fax: 952.227.1190 The applicant is requesting a conditional use permit to allow a golf course to be Engineering located on property zoned A-2, and a site plan for the construction of a club Phone: 952.227.1160 house. Fax: 952 227.1170 unanimously. Due to the number of changes, staff wrote a new report. Finance Planning Commission Update Phone: 952.227.1140 Fax 952 227.1110 This application was reviewed by the Planning Commission on August 19, 2003. Park & Recreation The Commission tabled action on this item and recommended changes. On Phone: 952.2271120 September 2, 2003, the Commission reviewed and approved this application Fax: 952.227.1110 unanimously. Due to the number of changes, staff wrote a new report. Recreation Center 2310 Coulter Boulevard There were concerns from the commission and neighbors regarding the impact to Phone: .227.14400 Fax: 952.227.1404 neighboring wells. Engineering staff added a condition regarding this issue. Planning & 1. A hydrogeologic study shall be completed on the golf course site to show Natural Resources Phone: 952 227.1130 that there will be no impact to the surrounding wells. Fax 952.227.1110 PLANNING COMMMISSION SUMMARY Public Works 1591 Park Road Phone: 952.227.1300 Sacchet: Summary for council. We find that the most sticky issue that is far Fax: 952.227.1310 bigger than this application is the water issue, and we would like to, engineering to further study how the water situation can be mitigated should the unfortunate Senior Caster Phone: 952.227.1125 circumstance arise that some wells get negatively affected. In order to find out Fax:952.227.1110 how, what affects it. How does it come and can any responsibilities be assigned for that, how does that get dealt with. We would like to instruct staff to have a web site www.ci.chanhassen.mn.us clear understanding how the State agencies deal with these type of issues so that we are ahead of the curve and not reactive should ever anything happen in this context. That's the water issue. The issue with. Claybaugh: Can that information be forwarded to anyone that was here at the meeting? The City of 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. L Todd Gerhardt September 4, 2003 Page 2 0 Sacchet: And we request that we would see maybe that as well, is that something that you could include for information to the Planning Commission? Slagle: I think also residents. Claybaugh: Residents yes. Sacchet: And residents that. Claybaugh: Certainly the affected residents that receive mailings as part of this application that showed up at the meeting. Sacchet: Do we want to just use the residents that signed in or would we want to? You know how to do it? Okay. You know how to do it, that's good enough for me. Any other water aspects? Lillehaug: I have a couple other comments. Sacchet: Let's do water. The private drive to the south, we figured based on the neighbors, what seemed quite unanimous statements that they're not interested in this line up and we had some reservations impacting the Halla property, which at this point does not benefit from that driveway at all. That we feel that a better solution for this drive can be found once further development occurs in that area, either on the Halla property or to the south. And however that we would like to see some tree trimming where that drive comes out on 101 at this point, to maximize sight distance without having to do an actual realignment. Anything else on the driveway? Alright, other things Steve? Lillehaug: For staff to work with the applicant to insure that the sight line is adequate with the tree layout. Feik: He just said that. Lillehaug: Did you? Sacchet: Yeah, I just touched on that. Lillehaug: I thought he said tree trimming. Sacchet: Same idea. Anything else you want to add for summary to council? Saam: Nets on 101. Sacchet: Nets on 101, yes. To the south. 0 0 Todd Gerhardt September 4, 2003 Page 3 Saam: To the driveway. Sacchet: The private road. The private road. I do want to mention in summary to council that the applicant has shown really good effort addressing the issues that we brought up the first time we looked at this application and asked to be looked at. I mean that's important because I really appreciate that. Lillehaug: I have one more. Sacchet: Yes Steve. Lillehaug: It didn't get put in as a condition but I'd like staff to work with the applicant and the current owner of the land to get that roadway removed. Going to the bluff. Sacchet: The gravel drive to the bluff, that should be eliminated with clean-up of the bluff. Stopping of the dumping. There's no road needed any more. Might as well get rid of that road. Good point. Is that it? Alright. Wow, do we need two minutes of a bio break? I think we need, we'll get back, let's shoot for 10:15. RECOMMENDATION The Planning Commission recommended approval of the conditional use permit and site plan. The motion and conditions start on page 14 of the staff report. Y Cl CITY OF CHANHASSEN STAFF REPORT PC Dl: August 19, 2003 Ill. September 2, 2003 CC DATE: September 8, 2003 REVIEW DEADLINE: September 16, 2003 CASE #: 2003-7 SPR & 2003-4 CUP BY: Al-Jaff PROPOSAL: Conditional Use and Site Plan Request for a Golf Course. LOCATION: Southeast Comer of the intersection of Great Plains Boulevard and Pioneer Trail. APPLICANT: Applicant Property Owners Ron Saatzer / SMG, Inc. Don Halla 9450 Fox Ford Road 6601 Mohawk Trail Chanhassen, MN 55317 Edina, MN 55439 (952) 9947794 (952) 941-2924 PRESENT ZONING: A-2, Agricultural Estate District 2020 LAND USE PLAN: Residential -Large Lot (2.5 Acre Minimum) 1/10 Acre Outside of MUSA ACREAGE: 45.99 acres DENSITY: N.A. SUMMARY OF REQUEST: A conditional use permit to allow a golf course to be located on property zoned A-2, and a site plan for the construction of a club house. Notice of the public hearing has been sent to property owners within 500 feet. Staff is recommending approval of the application with conditions. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the prop project complies with Zoning Ordinance requirements. If it meets these standards, the City must approve the site plan amendment. This is a quasi judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If i City finds that all the applicable conditional use permit standards are met, the permit must approved. This is a quasi judicial decision. 0 0 Chanhassen Short Course September 8, 2003 Page 2 This application was reviewed by the Planning Commission on August 19, 2003. The Commission tabled action on this item and recommended changes. On September 2, 2003, the Commission reviewed and approved this application unanimously. Due to the number of changes, staff wrote a new report. BACKGROUND On June 21, 1995, the City Council approved the final plat for the subdivision of 102.73 acres into 33 lots and one outlot, Halla Great Plains Addition. Halla Nursery was platted with an area of 11.45 acres as part of the subdivision. HALLA GREAT PLAINS ADDITION On July 8, 2000, Carver County District Court approved the vacation of a portion of the plat (the area east of Highway 101 and south of Halla Nursery), at the request of the owners of the property. V I I I I I I I Iii � i�h 3 e VACATED PORTIONS OF HALLA GREAT PLAINS ADDITION Chanhassen Short Course September 8, 2003 Page 3 Over the last year, staff has had several meetings with Mr. Saatzer to discuss the possibility of a golf course on the arra located east of Great Plains Boulevard and south of Pioneer Trail. PROPOSAL/SUMMARY � T - -,/ -` `A, l LOCATION OF PROPOSED GOLF COURSE The applicant is requesting a conditional use permit for the construction of a golf course on property zoned A-2. The site has an area of 45.99 acres and currently gains access off of Pioneer Trail and Great Plains Boulevard. The applicant is also requesting a site plan review to locate a 40' x 60' pre -manufactured structure club house to the subject site. The main exterior material is cedar siding which is permitted by ordinance. The proposed building is manufactured by Lester Buildings. A porch is proposed at the front portion of the building and a patio is proposed south of the building. The above building is an example of the cedar siding building proposed by the applicant. 0 0 Chanhassen Short Course September 8, 2003 Page 4 As an accessory use to this establishment, the applicant is requesting a 30' x 60' maintenance building. The main exterior material is proposed to be cedar siding to match the club house. Parking is proposed along the north portion of the building. The parking lot will be screened from views by a combination of berms and landscaping. Trash enclosure is located west of the Maintenance Building. The enclosure is proposed to be built of cedar siding, which is the same material as that used on the building. A sign plan has not been submitted. The applicant submitted a narrative that stated they intend to have an identification sign. The ordinance allows monument signs not to exceed 24 square feet in area and 5 feet in height. Detailed sign plans shall be submitted for staff's review and approval. The applicant has expressed a desire to serve basket food in the club house. This type of use is incidental to a golf course. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. Therefore, staff is recommending no commercial kitchen be permitted in the club house. Also, there shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/toaster oven, etc. Staff is recommending the club house operations maintain the same timetable as the golf course. A liquor license is required to serve beer on the premises. The applicant must submit a request to the city. A public hearing will be scheduled before the City Council when the application for the liquor license is received. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan and conditional use permit, with conditions outlined in the staff report. CONDITIONAL USE PERNUT Golf courses are permitted as a conditional use permit in the Agricultural Estate District. The following constitutes our findings: GENERAL ISSUANCE STANDARDS 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The proposed use will not create any significant or unexpected impacts with the incorporation of staffs conditions. The use will provide a convenient location for residents in the area to practice an outdoor activity. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Chanhassen Short Course September 8, 2003 Page 5 Finding: The proposed use is consistent with the City Comprehensive Plan. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The site is surrounded by highly traveled roads. The proposed use is permitted within the district as a conditional use. It will be compatible with the area. The applicant is proposing a landscape buffer around the site to minimize impacts on the residential neighborhoods to the south, west and east. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The use will provide a convenience for existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Public utilities and infrastructure are not available to the site. The site will be served by a well and an Individual Septic Treatment System (ISTS). 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Staff is not aware of any excessive requirements for public facilities. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site is accessible from Pioneer Trail and lines up with Foxford Road. Both MnDOT and Carver County Public Works have submitted guidelines and recommendations to facilitate the access to the property. As a condition of approval of this application, the applicant will be required to obtain permits from these agencies and comply with their requirements. C� Chanhassen Short Course September 8, 2003 Page 6 • 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The site contains existing nursery stock. Over the past few weeks, the applicant has moved a large number of the existing mature trees. They can be seen along the borders of the property. The ordinance does not prohibit moving of trees. 10. Will be aesthetically compatible with the area. Finding: The proposed use will be compatible with the area. 11. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. NA Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. GENERAL SITE PLAN/ARCHITECTURE The proposed buildings will be utilized as a club house and maintenance building. The club house will have a total area of 2,400 square feet (60' x 40'). The building is proposed to utilize cedar siding. An open porch is proposed along the north side of the building and a patio along the south. The applicant provided staff with a picture of an existing building and plans that have been customized to reflect architectural detail (windows, doors, columns, etc.) The club house is proposed to house a pro shop, office and a cafeteria. The applicant intends to sell hotdogs and other basket food. Staff is recommending a commercial kitchen not be permitted on the site. Also, the proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. Therefore, staff is recommending no commercial kitchen be permitted in the club house. Also, there shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/toaster oven, etc. The maintenance building is proposed to utilize the same materials, have similar design, with an area of 1,800 square feet (30' x 60'). The site plan is reasonably well developed. Parking for vehicles is located north of the club house. The majority of the parking lot will be screened either by landscaping or berming. 0 0 Chanhassen Short Course September 8, 2003 Page 7 The total hard surface coverage permitted by ordinance is 20%. The applicant is proposing a total hard surface coverage of 2.4%. ARCHITECTURAL COMPLIANCE Size Portion Placement Entries The building has an open porch that greets visitors and directs them to the front of the building. Articulation The building incorporates adequate detail and has been designed tastefully to fit the setting. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of the cedar siding, windows porch and patio. The building is utilizing exterior materials that are permitted by ordinance. Lighting Staff is recommending that outdoor lighting be limited to a residential type lights attached to the building. Staff is also recommending that the golf course hours of operation be limited to sunrise to sunset. These hours will eliminate the need for golf course and parking light fixtures. An exterior building light plan is required. The plan should incorporate the light style and height. Signs A detailed sign plan is required. The sign shall meet ordinance requirements (area not to exceed 24 square feet and height not to exceed 5 feet). Material and detail Color High quality materials - accent material may occupy up to 15 percent of the buildings facade. The building will utilize wood as the main material. The colors chosen for this building are earth tones. The selection is unique to the building but blends in with the surrounding buildings. This is an area agricultural in nature and staff believes that the overall chosen materials and color will fit in with the surrounding area. Height and Roof Design The building is proposed at a height of 12 feet with one story. The porch along the north portion of the building meets the design criteria dealing with pitched elements. Facade transparency All facades viewed by the public contain more than 50 percent windows. All other areas will be landscaped. • 0 Chanhassen Short Course September 8, 2003 Page 8 Site Furnishing The applicant has provided an outdoor seating area; however, the furniture has not been shown on the plans. The plans must be modified to show the chairs and tables. Loading areas/refuse area, etc. The trash enclosure is shown on the plans. The exterior material will match the proposed building's exterior material. Landscaping The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms and landscaping materials will be continuous along the perimeter of the site. The plant materials are repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. Lot Frontage and Parking location The site is located at the southeast intersection of Pioneer Trail and Great Plains Boulevard. The parking is fully screened and meets ordinance requirements. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; 0 0 Chanhassen Short Course September 8, 2003 Page 9 C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan, with conditions outlined in the staff report. MISCELLANEOUS Soil tests should be performed at least once a year. Results of all soil testing should be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) should be submitted to the City of Chanhassen. No fertilizer containing phosphorus should be applied unless the soil test results demonstrate a deficiency in phosphorus. Also, on-site grading should not increase the rate or volume of runoff downstream from the site or onto adjacent properties. SIGNAGE Section 20-1301 of the sign ordinance allows non-residential use in Agricultural Estate Districts to have only one (1) monument sign on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. Chanhassen Short Course September 8, 2003 Page 10 PARKING The ordinance requires 20 parking spaces plus 1 space for each 500 square feet of floor area in the principal structure. The total parking spaces required are 25 spaces. The applicant is proposing 80 parking spaces. BLUFF No grading, disturbance or dumping is permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 should not be directed into bluff impact zones or bluff areas. WETLANDS No wetlands exist on site. LANDSCAPING The applicant has submitted a landscape plan for the golf course. Landscaping requirements include parking lot landscaping and buffer yards along all property lines. Requirements are as follows: Landscape item ired osed Parking lot landscape r3,142ft. landscape area ,142 ft. ldscp area r6islainids/peninsulas Buffer yard B — 30' erstory trees ovrstory trees width islands/peninsulas The applicant does not meet minimum requirements for parking lot landscaping. Landscape item Required Proposed Pioneer Tr. 10 overstory trees 10 overstory trees Buffer yard B — 30' 21 understory trees 21 understory trees width 31 shrubs 31 shrubs East Property Line 7 overstory trees 7 overstory trees Buffer yard B — 30' 15 understory trees 15 understory trees width 22 shrubs 22 shrubs South Property line 28 overstory trees 40 overstory trees Buffer yard B — 30' 55 understory trees 35 understory trees width 83 shrubs 250 shrubs Highway 101 11 overstory trees 11 overstory trees Buffer yard B — 30' 23 understory trees 23 understory trees width 34 shrubs 34 shrubs 11 Chanhassen Short Course September 8, 2003 Page 11 0 The applicant does not meet minimum requirements along the south property line, but is proposing to plant a solid hedge consisting of lilac, black chokeberry and dogwood. In addition, they have increased the number of overstory trees. They hope to create a buffer that meets the needs of the neighbors better than what is required by ordinance. Staff supported this argument and recommended the number of under story trees be increased by 10. The landscape plan has been revised accordingly. PARK AND TRAIL The Parks and Recreation Director reviewed the request of the Chanhassen Short Course proposed at the southeast corner of the intersection of Pioneer Trail and Great Plains Boulevard. He noted one deficiency which is the lack of a pedestriantbikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. The proposed course would be a destination for area youth seeking to access the property utilizing non -vehicular forms of transportation. The applicant is required to provide this connection. COMPLIANCE TABLE — A2 DISTRICT PLANNING COMMISSION UPDATE On August 19, 2003, the Planning Commission reviewed and tabled action on this item. Staff was directed to provide additional information on the following items: 1. Existine and proposed access: The Planning Commission requested additional information on the need to relocate the existing driveway. It is staffs opinion that this development is a triggering event requiring the improvement of the driveway to meet existing practices, policies, and ordinances. Visibility - The existing driveway has an approximate sight distance to the south of 100 feet. Based on Traffic Studies done in the area in 2002, average vehicle speed in this area is 41 mph. Ordinance Short Course Total Lot Area 10 Acres 45.99 Acres Lot Frontage 200' 1215' Lot Depth 200' 1170' Lot Coverage 20% 2.4% Total Parking Stalls 25 80 Building Height 1 story 1 story Building Setback N - 50' S - 10' E - 50' W - 10' N-110' S -5 E - 260' W - 270' PLANNING COMMISSION UPDATE On August 19, 2003, the Planning Commission reviewed and tabled action on this item. Staff was directed to provide additional information on the following items: 1. Existine and proposed access: The Planning Commission requested additional information on the need to relocate the existing driveway. It is staffs opinion that this development is a triggering event requiring the improvement of the driveway to meet existing practices, policies, and ordinances. Visibility - The existing driveway has an approximate sight distance to the south of 100 feet. Based on Traffic Studies done in the area in 2002, average vehicle speed in this area is 41 mph. 0 Chanhassen Short Course September 8, 2003 Page 12 This gives the entering traffic less than 2 seconds of clear sight distance on which to judge the safety of entering the roadway. The proposed driveway has an approximate sight distance to the south of 400 feet. Based on a 41 mph speed the driver has over 6 seconds of clear view. While still not the level the City would desire to see in this area, this is a significant improvement. Both driveway locations have adequate visibility to the north. Realing ment - It is City practice to align private drives across from existing driveways whenever possible. This practice reduces the number of conflict points on the through street, which is an accepted method of crash reduction. This practice is in accordance with existing MnDOT standards as well. The Planning Commission questioned if tree trimming would be an acceptable alternative to the realignment to address the visibility issues discussed above. The curve in the roadway would require significant tree trimming to provide the same level of visibility. To obtain the same improvement of 300 additional feet of sight distance, trees would need to be trimmed approximately 80 feet outside the existing right of way or nearly a distance of 100 feet from the edge of the existing pavement. The City does not have the legal ability to trim this area, as it is private property. For the purposes of this review, it was assumed that the existing trees in the right of way would be trimmed, allowing the 100 feet of sight distance from the existing driveway. The City does not have jurisdiction to perform the trimming in the TH 101 right of way without a permit from MnDOT. Width and Cross Section - City Ordinance Section 18-57 requires that private streets, private drives serving more than one property, must be built to 20 feet of width to a 7 -ton cross section. Staff believes that the development is a triggering event to require the upgrade to meet the City Ordinance. 2. Well Interference During the Planning Commission meeting, several property owners expressed concern about the potential of impacts from the commercial well on surrounding wells. The applicant has submitted a letter from the well company stating that interference should not be an issue. However, staff recommends a condition of approval be added that should the commercial well cause interference with the surrounding wells, the applicant shall be required to make alterations to the commercial well to correct the problem or provide alternate water supply to the affected property owners at no cost to the property owners or the City of Chanhassen. Alternate water supplies may include but are not limited to redevelopment of the existing wells to a deeper aquifer or installation of public water to serve the area. Chanhassen Short Course September 8, 2003 Page 13 3. Site drainage: The public questioned if any additional drainage would affect the south property owners. The applicant proposed to utilize the existing contours to minimize grading changes. The proposed grading will accommodate the surface drainage within the golf course area toward four proposed storm ponds. Staff is fine with the proposed grading which will minimize the surface drainage affect to the south. 4. Landscaping: The applicant modified the landscape plan as recommended by staff. The revised plans are in compliance with ordinance. 5. Bluff Restoration: Staff has been working with Chip Hentges, Conservation Technician with Carver Soil and Water Conservation District, and the owner of the property, Mr. Don Halla, to remedy the situation. On September 2, 2003, the Planning Commission reviewed and approved the application unanimously. Issues of discussion included the following: 1) Well Interference During the Planning Commission Meeting, several property owners expressed concern about the potential of impacts from the commercial well on surrounding wells. The applicant has submitted a letter from the well company stating that interference should not be an issue. Following the PC meeting, staff checked with the Department of Health, the state permitting agency for private wells, to see what mitigation effort(s) could be installed to decrease the chance of the golf course's well affecting the neighboring properties wells. The Dept. of Health recommended that a hydrogeologic study be completed on the golf course site to show that there will be no impact to the surrounding wells. As such, staff is recommending that this hydrogeologic study be completed by the applicant as a condition of the CUP approval. 2) Summary of Mn/DOT comments The Mn/DOT review letter dated 8/26/03 pointed out the following concerns: • A drainage permit will be required for the drainage that flows off the golf course site and into the TH 101 drainage ditch. • The applicant should be aware that a signal improvement project will be going in at the corner of 101/Pioneer Trail in 2005. Mn/DOT will need to acquire additional right-of-way in that area for the project. The applicant should take that into consideration for the design of the golf course and landscaping. Chanhassen Short Course September 8, 2003 Page 14 It should be noted that, with the deletion of the proposed access onto TH 101, only one (1) Mn/DOT permit should be needed for this development in its current form. This is contrary to what the 8/26 Mn/DOT letter stated. 34 Summary of Carver County comments The Carver County review letter dated 8/29/03 pointed out the following concerns: • An access permit will be required for the proposed access to the golf course site from Pioneer Trail. • The applicant should be aware that a signal improvement project will be going in at the comer of 101/Pioneer Trail in 2005. The County may need to acquire additional right-of- way in that area if trails, berming, landscaping, etc. are needed along Pioneer Trail. The applicant should take that into consideration for the design of the golf course and landscaping. • Permits are required for the installation of any public utility lines within Pioneer Trail right- of-way. In addition, any grading, landscaping, or trees within the right-of-way will be subject to the review and approval of the County. • Noise abatement, due to increased traffic along Pioneer Trail, will be the responsibility of the applicant. • The County is recommending that the applicant be responsible for the final condition of the County road right-of-way. The right-of-way needs to be left in "as good or better condition." • A right -turn lane is required to be delineated at the entrance to the site off of Pioneer Trail. A left tum lane may also be required to Foxford Road. Staff will verify this with the County. • The County also expressed concern that the approval of the golf course could greatly restrict and increase costs for the future realignment options for 101. The Planning Commission recommended the City Council adopt the following motion: CONDITIONAL USE PERMIT "The City Council approves Conditional Use Permit 2003-4 CUP for the construction of a golf course with a club house as shown in plans dated August 25, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the clubhouse. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 0 0 Chanhassen Short Course September 8, 2003 Page 15 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review 2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the city. 9. No exterior lighting shall be permitted with the exception of safety light." SITE PLAN REVIEW "The City Council approve Site Plan Review 2003-7 SPR for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated August 25, 2003, with the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4 CUP. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 7. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the clubhouse and storage/maintenance building. b. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and U Chanhassen Short Course September 8, 2003 Page 16 0 transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. L A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. Building Official Conditions: a. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 10. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 c. The applicant is responsible to obtain and comply with all regulators agency permits. d. On the grading plan add a bench mark. 11. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 12. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. Chanhassen Short Course September 8, 2003 Page 17 13. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 14. The applicant is responsible to obtain and comply with a MnDOT and Carver County permit for the new access. 15. Per MnDOT's review memo, dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. 16. A hydrogeologic study shall be completed on the golf course site to show that there will be no impact to the surrounding wells. 17. Comply with all conditions of the Carver County review letter dated 8/29/03. 18. Comply with all conditions of the Mn/DOT review letter dated 8/26/03." ATTACUMENTS 1. Application and revised narrative dated August 19, 2003. 2. Memo from Steve Torell, Building Official, dated August 6, 2003. Memo from Mak Sweidan, Engineering, dated August 6, 2003. 4. Memo from Mak Sweidan, Engineering, dated August 26, 2003. 5. Memo from Todd Hoffman, Director of Parks and Recreation, dated August 4, 2003. 6. Memo from Greg Hayes, Fire Inspector/Training Coordinator, dated July 29, 2003. 7. Letter from Herfort Norby Architects dated August 25, 2003. 8. Letter from Bergerson Caswell regarding well construction dated August 20, 2003. 9. Letter from MnDOT dated August 26, 2003. 10. Revised Letter from MnDOT dated September 2, 2003. 11. Memo from Carver County Public Works, dated August 29 and August 26, 2003. 12. Public Hearing notice and property owners list within 500 feet. 13. Planning Commission minutes dated August 19, 2003, see Agenda Item #1-e. 14. Planning Commission minutes dated September 2, 2003. 15. Plans dated August 26, 2003. CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: 40,J 94ATzflfJfMG ;c OWNER: Db',j ADDRESS: qyy {q y t e') ADDRESS: CG,. tnnss�✓ A�r,,v ST3/7 3fSy3 TELEPHONE (Daytime) �iJ�� �9y- 72 TELEPHONE: 9j -j- - 9y/— d 9d -Y, Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Nonconforming Use Permit Wetland Alteration Permit Planned Unit Development' _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review _ Notification Sign Site Plan Review` X Escrow for Filing Fees/Attomey Cost" ($50 CUP/SPRNACNARNNAP/Metes and Bounds, $400 Minor SUB) _ Subdivision' TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 9 0 PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE 3T Y% WETLANDS PRESENT YES X NO PRESENT ZONING .A REQUESTED ZONING N�-C PRESENT LAND USE DESIGNATION /} 6 Nkc-2sf,-7 REQUESTED LAND USE DESIGNATION 601r(>- -4x - REASON FOR THIS REQUEST CV`Sln- h 1: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and ! am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are aWrow! by the applicant. of Fee Owner Application Received on %-16—c3 ate . I 03 Date Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 0 0 CHANHASSEN SHORT COURSE -STYE PLAN August 19, 2003 (revised) The Chanhassen Short Course site plan submittal consists of a request to construct a nine -hole public golf course with practice facilities. The site is located south of Highway 5 in Chanhassen at the southeast corner of Highway 101 and Pioneer Trail. This 45 acre site was formerly the site of the Halla Nursery tree growing range and is currently zoned Agricultural (A2). The site is owned by Don Halla of Chanhassen, Minnesota and is currently under long -tern lease by Ron Saatzer of Chanhassen for the purpose of constructing and operating a golf course. The surrounding properties on all sides are zoned Large lot/Low Density residential. Our proposal would include approximately 44 acres of golf course facilities, a small clubhouse building, a small maintenance and storage building and a parking lot capable of accommodating 80 cars. Total hard coverage is approximately 44,000 square feet or 2.2% of the site. At this time, we are requesting Site Plan approval by the City of Chanhassen as well as approval of a Conditional Use permit to operate a golf course. It is our belief that the project will not require rezoning or variances. The Golf Course. The par 29 golf course has been designed to appeal to golfers of all ages and abilities. Particular emphasis, however, will be placed on attracting kids and golfers of average ability. It is anticipated that there will be weekly league programs, youth programs, lessons and a limited number of small tournaments or corporate events. The course consists of seven par three holes and two par four holes. The driving range will be 300 yards long and will have approximately 35 hitting stations with both artificial and real turf teeing areas. The putting greens, tees and fairway areas as well as the driving range and clubhouse area shall be irrigated with a fully automatic sprinkler system. Some portions of the rough will be irrigated as well. A pond will be excavated between holes No. 6 and 8 for use as an irrigation pond. A new well, to be located near the south end of the pond, will be used to fill the irrigation pond during the daylight hours. A small 14'x18' slab on grade building will be located near the north end of the pond and will house the irrigation wet well and pumping system which will distribute water throughout the golf course. A permit application shall be submitted to the State of Minnesota prior to installation of the irrigation well. The Clubhouse. The clubhouse building will be a pole barn -type structure similar to that manufac by Lester Building Systems. for use by golf course facilities. The Clubhouse will measure 0'x60' and will include a pro shop area, restrooms and small office space. Complete plans will be submitted to the City upon application of a building permit. It is anticipated that the clubhouse will accommodate up to 50 people during peak use. This will include a large outdoor concrete patio which will accommodate tables and chairs for td oor seating. The Qub ouse will be heated and air conditioned. Roofing will be It s ' gles. Siding wil. The north face of the building facing Pioneer trail and th g lot shall meet the Crty's 50% transparency requirement with doors and windows. Maintenance Bnildin . The maintenance building will be a pole bam-type structure similar to tharr?ranr)factured by Lester Building Systems. The building will measure approximately /30'x60'iand will be used to provide storage and work shop facilities for servicing the golf course Qirrtenance equipment. The building will include ffice space, bathroom ilitie�for 3 to 4 employees and work shop space. Siding wil woo . Roofing will be�shingles. Complete plans will be submitted to the City u nation of a building The north 0 9 side of the building along Pioneer Trail and the west side of the building which faces the parking lot shall meet the City's 50% transparency requirement with doors and windows. Sewer and Water. Since the site does not have access to the municipal sewer or water supply, two septic sites (primary and secondary) have been identified on the site plan. Septic site size was calculated based on use of the facilities by 250 people per day. Septic sites have been protected with orange construction fencing and shall be maintained during the construction of the project. Potable drinking water for the clubhouse and maintenance facility shall be provided by drilling a new well in the vicinity of the clubhouse. Buffervard and Landscaping. The golf course is being developed in a manner which is intended to minimize site grading and tree loss. Existing nursery trees which are small enough to transplant and are in good health shall be transplanted to a holding area within the proposed driving range or shall be relocated immediately to a permanent location at the perimeter of the site. Upon completion of the site grading, trees being held in the driving range will be relocated to a permanent location elsewhere on the site. Our consultants have prepared a bufferyard and landscape plan in accordance with the City's Bufferyard Ordinance . On the north and west side of the site there are significant stands of existing trees as well as earth berms which were previously created by the landowner. These berms and trees will be retained and additional over -story trees, conifers (under -story trees) and shrubs will be transplanted. On the south and east sides of the property there are a lesser number of existing nursery trees. On the south side, we have proposed to transplant a greater number of over -story trees and shrubs and plant fewer under -story trees than is required by the bufferyard ordinance. In doing so, we intend to provide a continuous lilac hedge buffer along the south property line between neighboring residents and the golf course and to then use over -story to provide additional separation. On the east side, it is our intent to preserve much of the existing vegetation and the existing earth berm and to transplant additional over -story trees, conifers (under -story trees) and shrubs. Grading. In general, grading will be limited to the construction of golf course features and ponds. Soil generated from the excavation of two ponds, including the irrigation pond, will be used to elevate and construct the greens and tees. In addition, some grading will occur to provide visual site lines from the proposed teeing area to the greens and to provide separation between adjacent golf holes. Upon completion of the grading operations, all areas shall be either seeded or sodded. Putting greens shall be seeded with Bentgrass. Tees and fairways shall be seeded with a blend of Kentucky Bluegrass and Perennial Ryegrass. Rough areas shall be seeded with a blend of Kentucky Bluegrass and Fescue grass. The seeded areas immediately surrounding the putting greens, tees and sand traps shall be covered with Futerra erosion control blanket in order to minimize erosion and enhance the establishment of the fescue grass. Drainage swales and areas of concentrated drainage will be either sodded or seeded and covered with erosion blanket. Drainage. In general, existing drainage exits the site at in four locations. The majority of the site drains towards the southeast where its rate of discharge is controlled by the existing storm water pond near hole No. 3. The area including holes No. I and 2 drains to the northeast and exits the site through an existing culvert under Pioneer Trail. A small pond is being constructed near hole No. 1 green to control rate of discharge and act as a visual amenity for the golf course. The area including holes No. 8 and 9 as well as the parking lot drains to the northwest and exits the site through an existing culvert under Pioneer Trail. A storm water treatment pond is being proposed at the west end of the parking lot to control rate of discharge and water quality. A curb -cut with rip -rap in the northwest comer of the parking lot will provide drainage between the parking lot and the proposed storm water pond. The Bluff. The south east comer of the property includes an area designated as bluff. This area has been delineated by City Staff and is shown on the site plan application. It is our intent to respect the 20 foot bluff grading setback, however, we would ask the City's approval to allow a path to be constructed between the bluff and the existing storm water pond in order to allow golfers to get from No. 3 tee to No. 3 green. At the recommendation of City staff, the tees on this hole were relocated to the west to allow the preservation of existing trees near the edge of the bluff zone. Si¢na¢e. It is our intent to install a permanent sign at the parking lot entrance on the north side of the site which will identify the facility as a public golf course. The sign will be constructed in compliance with the City of Chanhassen's sign ordinance and landscaped to provide seasonal color and interest. Drivewav Reali¢nment. The City planning staff has requested that we cooperate in addressing an existing safety problem on the adjacent property at the southwest corner of the site. City staff believes that the existing driveway for the four existing homeowners south of the site is unsafe. It is our hope to not become involved in this issue as we feel that this is an issue between the City of Chanhassen and the existing neighboring landowners. However, if the City can come to terms with the landowners we would be willing to participate in discussions with the City regarding the construction of a new entrance driveway for the adjacent residences. Our site plan includes a representation of one possible location for a new 14 foot wide driveway to be relocated approximately 300 feet to the north of the existing driveway entrance. Schedule. It is anticipated that the transplanting of trees and the construction of the driving range and ponds shall begin in the fall of 2003. The remaining site grading, irrigation installation and grassing shall be completed during the spring and summer of 2004. It is anticipated that the course will open for play in May of 2005. Conclusion. We believe that the construction of a golf course on this site will provide a important recreational amenity for residents of Chanhassen and the surrounding communities. In addition, we hope that the City will agree that construction of a golf course provides a good opportunity to maintain the overall natural character of the site though preservation of habitat and open space. Submitted by, Ron Saatzer Chanhassen, Minnesota 0 • MEMORANDUM TO: Sharmin AI-Jaff, Senior Planner FROM: Steven Torell, Building Official G: DATE: August 6, 2003 (/v Il SUBJ: Review of a request for a conditional use permit and site plan review for a Golf Course located at the southeast corner of Pioneer Trail and Great Plains Boulevard, SMG Inc. Planning Case: 2003-7 Site Plan and 2003-4 CUP I have reviewed the plans for the above project. Following are my comments, which should be included as conditions of approval. I. Submit a detailed floor plan of the clubhouse so the occupancy classification and fire suppression requirements can be determined. 2. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Four accessible parking spaces are required. 4. An accessible route must be provided to all facilities on the site. 5. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. 6. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. 7. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. G/safety/stlmemos/plan/Golf Course -SMG MEMORANDUM u AI-Jaff, Sharmeen From: Sweidan, Mahmoud Sent: Wednesday, August 06, 2003 4:36 PM To: AI-Jaff, Sharmeen Cc: Burgess, Teresa; Seam, Matt Subject: site plan review.doc Golf Course MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Mak Sweidan, Engineer DATE: Aug.6, 2003 SUBJ: Site Plan Review for a Golf Course Land Use Review File No. 03-14 Page 1 of I Upon review of the grading and site plans dated July 18, 2003, prepared by Sathre-Bergquist, Inc., I recommend the following conditions of approval: 1. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. 2. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 3. Add a legend to the plans. 4. The rock entrance must be a minimum of 75 feet in length. 5. The applicant is responsible to obtain and comply with all regulators agency permits. 6. Submit 60 scale drawing for the grading plan. 7. On the grading plan add a bench mark. 8. Line up Clubhouse access with Foxford Road or meet minimum spacing off set of 300 feet. 9. Show names of streets (101 & Pioneer Trail.) c: Teresa J. Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer g:\eng\projects\Golf Course\site plant review.doc 8/11/2003 • MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Mak Sweidan, Engineer DATE: Aug.26, 2003 11 SUBJ: Planning Commission Update on Site Plan Review for Golf Course Land Use Review File No. 03-15 At the Aug. 19, 2003 Planning Commission (PC) meeting, there were three main issues raised by the Commissioners and the public: 1) Existing and Dr000sed access: The Planning Commission requested additional information on the need to relocate the existing driveway. It is Staff's opinion that this development is a triggering event requiring the improvement of the driveway to meet existing practices, policies, and ordinances. Visibility The existing driveway has an approximate sight distance to the south of 100 feet. Based on Traffic Studies done in the area in 2002, average vehicle speed in this area is 41 mph. This gives the entering traffic less than 2 seconds of clear sight distance on which to judge the safety of entering the roadway. The proposed driveway has an approximate sight distance to the south of 400 feet. Based on a 41 mph speed the driver has over 6 seconds of clear view. While still not the level the City would desire to see in this area, this is a significant improvement. - Both driveway locations have adequate visibility to the north. Re -Ali ent - It is City practice to align private drives across from existing driveways whenever possible. This practice reduces the number of conflict points on the through street, which is an accepted method of crash reduction. This practice is in accordance with existing MnDOT standards as well. - The Planning Commission questioned if tree trimming would be an acceptable alternative to the re -alignment to address the visibility issues discussed above. The curve in the roadway would require 0 • significant tree trimming to provide the same level of visibility. To obtain the same improvement of 300 additional feet of sight distance, trees would need to be trimmed approximately 80 feet outside the existing right of way or nearly a distance of 100 feet from the edge of the existing pavement. The City does not have the legal ability to trim this area, as it is private property. For the purposes of this review, it was assumed that the existing trees in the right of way would be trimmed, allowing the 100 feet of sight distance from the existing driveway. The City does not have jurisdiction to perform the trimming in the TH 101 right of way without a permit from MnDOT. Width and Cross Section - City Ordinance Section 18-57 requires that private streets, private drives serving more than one property, must be built to 20 feet of width to a 7 -ton cross section. Staff believes that the PUD is a triggering event to require the upgrade to meet the City Ordinance. 2) Well Interference During the Planning Commission Meeting, several property owners expressed concern about the potential of impacts from the commercial well on surrounding wells. The applicant has submitted a letter from the well company stating that interference should not be an issue. However, Staff recommends a condition of approval be added that should the commercial well cause interference with the surrounding wells, the applicant shall be required to make alterations to the commercial well to correct the problem or provide alternate water supply to the affected property owners at no cost to the property owners or the City of Chanhassen. Alternate water supplies may include but are not limited to redevelopment of the existing wells to a deeper aquifer or installation of public water to serve the area. 3) Site drainage: The public questioned if any additional drainage would affect the south property owners. The applicant proposed to utilize the existing contours to minimize grading changes. The proposed grading will accommodate the surface drainage within the Golf Course area toward four proposed storm pond. Staff is fine with the proposed grading which will minimize the surface drainage affect to the south. c: Teresa I Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer g:�Englpmjecwpifcoo Vda sim plan mwew.doc Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Warks 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassennoms The City of Chanhassen • A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geal place to live, work, and play. 0 0 MEMORANDUM CY0"F TO: Sharmeen Al-Jaff, Senior Planner CgANgASSEN 7700 Market Boulevard FROM: Todd Hoffman, Director of Parks and Recreation PC Box 147 Chanhassen, MN 55317 DATE: August 4, 2003 Administration Phone: 952.227.1100 SUBJ: Proposed Chanhassen Short Course Fax: 952.227.1110 Building Inspections I have reviewed the submittal for the Chanhassen Short Course proposed at the Phone: 952.227.1180 southeast corner of the intersection of Pioneer Trail and Great Plains Boulevard. Fax 952227.1190 One deficiency that I see with the plan is the lack of a pedestrian/bikeway Engineering connection to the City's trail system at the intersection of Great Plains Boulevard Phone: 952.227.1160 and Pioneer Trail. The proposed course would be a destination for area youth Fax 952.227.1170 seeking to access the property utilizing non -vehicular forms of transportation. Finance Please require such a connection to the property as a condition of approval for the Phone. 952.227.1140 project. Fax: 952 227.1110 Pads & Recreation c: Kate Aanenson, Community Development Director Phone: 952227.1120 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 Warks 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassennoms The City of Chanhassen • A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geal place to live, work, and play. Finance Phone: 952.227.1140 CITY OF Fax: 952.227.1110 Chanhassen Fire Department/Fire Prevention Division, I have the following fire code CHANHASSEN or city ordinance/policy requirements. The site plan is based on the available Phone: 952.227.1120 information submitted at this time. If additional plans or changes are submitted, the MEMORANDUM appropriate code or city ordinance/policy requirements will be addressed. 7700 Market Boulevard 2310 Coulter Boulevard PO Boz 147 TO: Sharmin Al-Jaff, Senior Planner Chanhassen, MN 55317 � hy�tY ia�1A 5 lzfe Q•Upl� Planning 6i Administration FROM: Greg Hayes, Fire Inspector/Training Coordinator Phone: 952.227.1100 boxes. This is to ensure that fire hydrants can be quickly located and safely Fax: 952.227.1110 DATE: July 29, 2003 Building Inspections 3. "No Parking Fire Lane" signs and yellow curbing will be required. Please Fax: 952.227.1310 Phone: 952 227 1180 SUBJ: Conditional Use and Site Plan request with variances Fax: 952.2271190 for a golf course on property zoned A-2 and located at the southeast Engineering comer of Pioneer Trail and Great Plains Boulevard, SMG, Inc. Phone. 952227.1160 combination water/sprinkler supply line. This is only if a sprinkler is required. Fax 952.227.1170 Planning Case: 2003-7 Site Plan and 20034 CUP Finance Phone: 952.227.1140 I have reviewed the site plan for the above project. In order to comply with the Fax: 952.227.1110 Chanhassen Fire Department/Fire Prevention Division, I have the following fire code Part Ar Recreation or city ordinance/policy requirements. The site plan is based on the available Phone: 952.227.1120 information submitted at this time. If additional plans or changes are submitted, the Fax. 952.227,1110 appropriate code or city ordinance/policy requirements will be addressed. Recreation Center 2310 Coulter Boulevard 1. Please contact the Building Official and Fire Marshal to discuss the sprinklering Phone. 22 Fax: 952.227 1404 requirements for the clubhouse and storage/maintenance building � hy�tY ia�1A 5 lzfe Q•Upl� Planning 6i 2. A 10 -foot clear space must be maintained around fire hydrants; i.e., street Nature) Resources Phone: 952.227.1130 lams trees, shrubs, bushes, Qwest, Excel Ener cable TV and transformer P • �� Fax: 952.227.1110 boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Public Works 1591 Park Road Phone: 952.227.1300 3. "No Parking Fire Lane" signs and yellow curbing will be required. Please Fax: 952.227.1310 contact Chanhassen Fire Marshal for exact location of signs and curbs to be Senior Center Painted yellow. Phone. 952.227 1125 Fax 952227.1110 4. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a Wet site wwwoi.chanhassemmn.us combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36- 1994. The City of 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. 0 Sharmin Al-Jaff July 29, 2003 Page 2 5. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. 6. A post indicator valve will be required on any building that will have a sprinkler system. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. If you have any questions, you may reach me at 952-227-1152. gAsafety\nl\ptrev2003-7 HERFORT • NORBY Golf Course Architects August 25, 2003 Sharmeen Aljaff City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Re: Chanhassen Short Course Sharmeen, In response to the Planning Commission comments and the staff report dated August 19, 2003 we have made the following revisions to our previous submittal and plans dated July 18, 2003. Our revised plans are dated August 25, 2003. ,,,1. We have modified the bufferyard plan to reflect 13 overstory trees and 6 landscape islands in the parking lot. Total parking spaces equals eighty (80) including four accessible spaces. 2. We have modified the bufferyard plan to reflect 35 understory trees on the south side of the property. 3. Since the City has indicated a desire to provide pedestrian access to the site, the applicant would agree to construct an 8 foot wide bituminous path on private property at the west side of the parking lot. The City would be responsible for the construction of the public pedestrian trail within the right-of-way along Pioneer Trail including application for permits and design. It should be noted that the County Engineer cautioned that the location of such a trail may be affected by the final design and installation of the turn signal proposed for the intersection of Pioneer Trail and 101. 4. Two additional accessible parking spaces were added (4 spaces total). 5. Septic design data has been provided by Gary Bohn of Bohn Well Drilling. The site plan has been revised to reflect two 50'x87' septic sites. 6. A legend has been added to the grading plan. 7. The rock entrance has been increased to 75 in length. 8. The proposed grading plan has been submitted at a scale of 1" =60'-0". 9. The parking lot entrance has been reconfigured to align with Foxford Road to the north. In a phone conversation on August 22 and after reviewing a portion of the proposed site plan, Carver County Engineer Roger Gustafson indicated that their office would support alignment of the entrance with Foxford Road but cautioned that MNDOT, Carver County and the City of Chanhassen are still in the process of finalizing plans for the installation of a stop light at the intersection of Great Plains Boulevard and Pioneer Trail. Depending on the final design solution, some adjustment may be required to allow for grading of shoulders, turn lanes, etc.. 10. Names of streets have been added to the plan. 6452 City West Parkway, Eden Prairie, Minnesota 55344 / (952) 942-0266 0 0 11. Plans have been revised to indicate a 40'x60' clubhouse. 12. Plans have been revised to indicate a 30'x60' maintenance building. 13. Plans have been revised to indicate a 5' tall wood -fenced trash enclosure. 14. The existing gravel driveway at the south side of the site has been indicated on the plans. 15. The plans have been revised to indicate additional silt fence in areas where drainage could exit the site. Specifically this includes the northwest comer, the south side and the north side of the site. 16. The plans have been revised so as to no longer indicate the relocation of the existing driveway which services the four homes south of the site. At the August 19th Planning Commission meeting, three of the landowners who use this driveway indicated that the existing entrance location was not of concern to them. Since this property is not under the control of the applicant, we believe that this is an issue unrelated to this request for site plan review and should not be tied to its approval. 17. The tee for hole No. 8 has been moved to the west to assist in directing golfer's tee shot away from Great Plains Boulevard. In addition, the turning point for hole No. 8 was also moved to the east. 18. The location of the tee and green on hole No. 7 have been adjusted so as to allow for the preservation of existing trees along the south property line. If you hai Sincerely please feel free to call me at (952)942-0266. thank you. Kevin Norby, President Herfort Norby Golf Course Architects, LLC. RUG -20-2003 17:42 FROM: 763-479-2183 TW2 402 9663 P.001/001 o • BERGERSON - CASWELL INC. Commercial • Municipal • Residential Geothermal • Irrigation Suhmersible & Turbine Pumps r Envimmnental Drillers CeMdfkd FW D/Nkm Well Drilling, Abandosoeent & Repair Since 1948 CerroW Pw W Gumasn August 20, 2003 CHANHASSAN SHORT COURSE Mr. Ron Snatzer 9450 Fox Ford Road Chaska, MN. 55318 RE: Information on Water Well Construction Ca CHANHASSEN SHORT COURSE Dear Mr. Saatzer; This letter is to confirm my verbal explanation on how water well's interact with each other. Most water is glacial deposited and rain -water that saturates the ground. With the proposed irrigation well at your golf course, it will have a greater demand than a house well or the common well stated above. Your proposed well will be considered high capacity water well, and to with draw the proposed 300 gpm from a water well we have to drill into the bedrock so we do not effect other water wells in the area and were assured the requested 300 gpm. From your message I was lead to believe the Cities planning commission was not aware of the current laws regulating minerals in the State of Minnesota The State Department of Natural Resources regulate water usage. This means to pump your well at rates exceeding 10,000 gallons/ day or 1,000,000 gallons / year requires approval and permitting from the DNR annually. The construction and monitoring of water wells and the associated rules, is performed and regulated by the Minnesota Department of Health, along with a few delegated programs that have been authorized by the Commissioner of Health. This information can be obtained by reviewing the Minnesota Rules Handbook for wells and borings by the MDH. This is ,part of the Minnesota Rules, Chapter 4725. If the well you install effects the well operation of other existing water wells already in use, you will be responsible and will have to correct the problem. If you have any other questions relating to this well construction project, or if you would like assistance at other meetings, please do not hesitate to give me a call at (763) 479-3121 Sincerely, BERGERSON=CASWF,I,,L INC. // // Tim D,Berquam Project Engineer 3115 /ndua,W ,G., ,Napo Plain, MN 55359 (763)479.3111 ria(70)479-2183 C w CARVER COUNTY August 29, 2003 PLIC WORKS DEPARTMENT 11360 Highway 212 West PO Box 300 Cologne, MN 55322-0300 Phone(952)466-5200 Fax(952)466-5223 Sharmeen AI-Jaff Planning Department, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Subject: Chanhassen Short Course SE Quad of TH 101 and Pioneer Trail 2003-7 Site Plan and 2003-4 CUP Administration Parks Enginuving Highway Maintenance $umying R Mapping REGEW 1, SEP - 4 2003 CITY OF CHANHASSEN Carver County has reviewed the site plan for the proposed golf course located southeast of the CSAH 14 (Pioneer Trail) / TH 101 (Great Plains Boulevard) intersection transmitted to Carver County by your memorandum dated July 24, 2003. These comments are not all inclusive and may need review and revision as this proposal changes and progresses. 1. Carver County has reviewed the comments submitted by Mn/DOT in their August 26, 2003 transmittal and concurs with comments presented by Mn/DOT. The entrance as proposed on CSAH 14 (Pioneer Trail) will require an access permit from Carver County. It is the County's understanding that the entrance location has been changed so that the entrance will be located directly south of the Foxford Road entrance on the north side of CSAH 14. The construction of this entrance will require, as a minimum, delineation of a right -turn lane on CSAH 14. Presently a by-pass lane is striped in this area. Traffic markings will need to be changed to reflect a right turn lane. Any changes in traffic markings on CSAH 14 need to be reviewed and approved by Carver County. As stated in Mn/DOT's review, an intersection improvement is proposed for the TH 101 / CSAH 14 intersection. The project letting is scheduled for October 2004. This will likely mean a 2005 construction period at the intersection. Carver County has seen preliminary plans for this intersection improvement. The preliminary design shows a need to add/reconfigure lanes at the intersection. Due to the closeness of this proposed access to the intersection, access modifications may be needed to reflect the lane configuration needs on CSAH 14 (Pioneer Trail). 3. The existing right-of-way of CSAH 14 (Pioneer Trail) extends approximately 50 feet south from the existing centerline of CSAH 14. The roadway lane and shoulder needs in this area consume most of the right of way. If sidewalks, trails, berms, landscaping and other urban amenities are needed along Pioneer Trail, additional right-of-way will need to be secured from this development. -1 - Ll 4. Any public utility lines that are to be installed within the CSAH 14 right-of-way are subject to the utility permit requirements of Carver County. 5. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 14 is subject to review and approval of the county highway department. 6. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of-way (including tree removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 7. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 14 intersections. Any trees or shrubs overhanging into the right-of-way could be subject to trimming for safety or overhead utility consideration. 8. As this area develops, traffic volumes will increase. Carver County considers any potential noise abatement improvements to be the responsibility of the developer. The Comprehensive Plan and Transportation Plan for this area of Chanhassen indicate a need for an improved TH 101 roadway. Present plans include a high potential for TH 101 to be turned back to Carver County and maintained as a county state aid highway. Previous development concept plans for this area that were developed in the late 1980's and 1990's indicated a plan for preservation of a corridor to facilitate a realigned TH 101 roadway through this parcel of land. Approval of this golf course plan as proposed will greatly restrict realignment options and greatly increase the cost of any potential Great Plains Boulevard improvements. Thank you for the opportunity to comment on this site plan. If there are any questions regarding these comments, please call me at 952-466-5200. Sincerely, William J. Weckman, P.E. Assistant County Engineer CC: Roger Gustafson, County Engineer -2- Minnesota Departmint of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 August 26, 2003 Sharmeen AI-Jaff Planning Department, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 0 SUBJECT: Chanhassen Short Course, Mn/DOT Review #S03-039 SE Quad of TH 101 and Pioneer Trail Chanhassen, Carver Co. Control Section 1009 AUG 2 7 2003 CITY OF CHANHASSEN The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced site plan. Please address the following issues before any further development: • As you may be aware, Mn/DOT has an intersection improvement project at TH 101 and Pioneer Trail scheduled for October 2004. This project will be acquiring right of way from the southeast quadrant of the intersection, which will affect the proposed golf course. In addition a temporary easement will also be needed from approximately 650 feet east and south of the TH 101 and Pioneer Trail intersection. In addition, sheet 3 of the plan set for the golf course shows proposed landscaping in areas where Mn/DOT will need construction easement. These planting should not be installed until after the intersection reconstruction or they should be moved outside of the area Mn/DOT will need for construction easement. Please contact Geoffrey Prelgo Mn/DOT Design Engineer, at (651) 634-2355 with questions regarding this issue. • For liability reasons, the city or developer should install netting along TH 101 at the 8th hole to prevent golf balls from entering the highway. A Mn/DOT Drainage permit is required. Drainage computations for the pond in the northeast comer of the golf course near hole nine must be submitted to determine the off-site drainage entering the construction project. Please contact Martin Korthank, Water Resources Engineer, at (651) 634-2077 with questions regarding this issue. • A Mn/DOT Access permit will be required for the new access onto TH 101. Mn/DOT would also recommend that the golf course have an east -bound right turn -lane off of Pioneer Trail. • Any use of or work within Mn/DOT right of way requires a permit. Two Mn/DOT permits will be required for this development. Please direct questions regarding permit applications to Keith VanWagner (651-582-1443) of Mn/DOT's Permits section. • Please send a copy of the final plat for Mn/DOT review to the following address: David Torfm Mn/DOT—Metro West Surveys 2055 N. Lilac Drive Golden Valley, MN 55422 Phone: (763) 797-3113 An equal opportunity employer 7J n u As a reminder, Pioneer Trail is County State Aid Route 14. Any work on a CSAH route must meet State Aid rules and policies. Also, the County must review any changes to its County State Aid system so that they stay within its system limitations. Please note that CSAH 14 is Carver County's jurisdiction and the County must have the opportunity to review and comment on the development as well. You may obtain additional information regarding State Aid rules and policies in any of the following ways: ➢ http://www.dot.state.mn.us/statcaid/ shows or has links to the applicable forms and the Mn/DOT State Aid Manual. ➢ Refer to the Mn/DOT State Aid Manual, Chapter 5-892.200 for information regarding standards and policies. ➢ Please go to htto://www.revisor.leg.state.mn.us/arule/8820/ for information regarding State Aid Operations Rules Chapter 8820. ➢ For driveway standards, the designer is directed to refer to the Mn/DOT Road Design Manual (English) Table 5-3.04A and Figure 5-3.04A for guidance and policies. Driveway widths, other than those recommended, up to 50 feet will be permitted only by special permission of the Commissioner of Transportation or designee. Please contact Jim Deeny in our State Aid section at (651) 582-1389 with any additional questions. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 582- 1378. Sincerely, rigid Gombol Senior Transportation Planner Copy: Roger Gustafson / Carver County Engineer John Freemyer / Carver County Surveyor Ron Saatzer / Owner Herfort Norby Golf Course Architects Sathre-Berquist, hic. Sep -02-03 10_35A NORB AWELL Minnesota Departmont otTransportttlon 00 MetropoNten DlWalon Waters Edge 1500 Wort County Road 82 Roseville, MN 55113 September 2, 2003 Kevin Norby Herfort Norby Golf Course Architects 6452 City West Parkway Eden Prairie, MN 55344 SUBJECT: Chanhassen Short Course, M» DOT Review #S03-039 Follow up SE Quad of TH 101 and Pioneer Trail Chanhassen, Carver Co. Control Section 1009 95290197 P.01 o i Jaz i.SaLj r. tri:lC Mn/DOT's initial review of this development indicated that a net should be installed for liability reasons, as stated in our August 26, 2003 letter. WDOT was not requiring this as a Stipulation of development but instead more a recommendation. After further discussion with the developer MuWT would like to review the site upon completion and make a determination at that point whether a net would be wan -anted or not, If you have any questions please feel free to contact me at (651) 582-1376. Sincerely, Brigid Gornb Senior Transportation Planner An equal opportunity employer TOTAL P.©2 SEP -02-2003 d :_ �\ CARVER COUNTY 08:33 :RRUER COUNTY PUBLIC WKS. • 9524665223 P.02iO3 PUBLIC WORKS DEPARTMENT 1 1360 H lghway 212 West .4dnlinisVYlion PO Box 300 11a1Gs rn�111QSInF Cologne, MN 55322-0300 1 h4hwayn1,11111m.11 ,. Phone (952) 466-5200 Fax (952) 466-5223 smWeying K er:,i,i. ,,;. August 29, 2003 Sharmeen AI-Jaff Planning Department, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Subject: Chanhassen Short Course SE Quad of TH 101 and Pioneer Trail 2003-7 Site Plan and 2003-4 CUP Carver County has reviewed the site plan for the proposed golf course located southeast of the CSAH 14 (Pioneer Trail) / TH 101 (Great Plains Boulevard) intersection transmitted to Carver County by your memorandum dated July 24, 2003. These comments are not all inclusive and may need review and revision as this proposal changes and progresses. 1. Carver County has reviewed the comments submitted by Mn/DOT in their August 26, 2003 transmittal and concurs with comments presented by Mn/DOT. 2. The entrance as proposed on CSAH 14 (Pioneer Trail) will require an access permit from Carver County. It is the County's understanding that the entrance location has been changed so that the entrance will be located directly south of the Foxford Road entrance on the north side of CSAH 14. The construction of this entrance will require, as a minimum, delineation of a right -turn lane on CSAH 14. Presently a by-pass lane is striped in this area. Traffic markings will need to be changed to reflect a right turn lane. Any changes in traffic markings on CSAH 14 need to be reviewed and approved by Carver County. As stated in Mn/DOT's review, an intersection improvement is proposed for the TH 1011 CSAH 14 intersection. The project letting is scheduled for October 2004. This will likely mean a 2005 construction period at the intersection. Carver County has seen preliminary plans for this intersection improvement. The preliminary design shows a need to add/reconfigure lanes at the intersection. Due to the closeness of this proposed access to the intersection, access modifications may be needed to reflect the lane configuration needs on CSAH 14 (Pioneer Trail). 3. The existing right-of-way of CSAH 14 (Pioneer Trail) extends approximately 50 feet south from the existing centerline of CSAH 14. The roadway lane and shoulder needs in this area consume most of the right of way. If sidewalks, trails, berms, landscaping and other urban amenities are needed along Pioneer Trail, additional right-of-way will need to be secured from this development. - 1 - SEP -02-2003 08 33 rRRUER COUNTY PUBLIC WKS. • 9524665223 P.03iO3 4. Any public utility lines that are to be installed within the CSAH 14 right-of-way are subject to the utility permit requirements of Carver County, 5. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 14 is subject to review and approval of the county highway department. 6. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of-way (including tree removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 7. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 14 intersections. Any trees or shrubs overhanging into the right-of-way could be subject to trimming for safety or overhead utility consideration. 8. As this area develops, traffic volumes will increase. Carver County considers any potential noise abatement improvements to be the responsibility of the developer. The Comprehensive Plan and Transportation Plan for this area of Chanhassen indicate a need for an improved TH 101 roadway. Present plans include a high potential for TH 101 to be turned back to Carver County and maintained as a county state aid highway. Previous development concept plans for this area that were developed in the late 1980's and 1990's indicated a plan for preservation of a corridor to facilitate a realigned TH 101 roadway through this parcel of land. Approval of this golf course plan as proposed will greatly restrict realignment options and greatly increase the cost of any potential Great Plains Boulevard improvements. Thank you for the opportunity to comment on this site plan. If there are any questions regarding these comments, please call me at 952-466-5200. Sincerely, William J. Weckman, P.E. Assistant County Engineer CC: Roger Gustafson, County Engineer -2- TOTAL P.03 0 tTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, AUGUST 19, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Golf Course APPLICANT: SMG, Inc. LOCATION: SE Intersection of Pioneer Trail and Great Plains Boulevard NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, SMG, Inc., is requesting a conditional use permit and site plan request with variances for a Golf Course on property zoned A-2 located at the southeast comer of the intersection of Pioneer Trail and Great Plains Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail sajaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 2003 W Smooth Feed Sheets7m • • Use template for 51600 ROGER A & KIMBERLY A LEE ROBERT & CHRISTIN E BOECKER 600 96TH ST W 610 96TH ST W CHANHASSEN, MN 55317-8601 CHANHASSEN, MN 55317-8601 ANDREW T RIEGERT ROGER G NOVOTNY ROBERT W SCHOEWE 620 96TH ST W 560 PINEVIEW CT 9611 FOXFORD RD CHANHASSEN, MN 55317-8601 CHANHASSEN, MN 55317-8697 CHANHASSEN, MN 55317-8689 THOMAS E & BRENDA L ANDERSON ROBERT FUGUE & RICHARD & KATHERINE S ASPLIN 9371 FOXFORD RD KIMBERLY L HEIN-FUGLIE 541 PINEVIEW CT CHANHASSEN, MN 55317-8685 9370 FOXFORD RD CHANHASSEN, MN 55317-8697 CHANHASSEN, MN 55317-8684 MAGDY A & JUNE L EBRAHIM WENDELL & JACQUELINE SCHOTT DAVID J & SHARON K GATTO 521 PINEVIEW CT 9350 FOXFORD RD 9631 FOXFORD RD CHANHASSEN, MN 55317-8697 CHANHASSEN, MN 55317-8684 CHANHASSEN, MN 55317-8689 JAMES D & JANET M DINGEL CARVER COUNTY JOHN & ANNA MAE MAKELA 9351 FOXFORD RD CARVER COUNTY GOVT CTR -ADMIN 9860 RASPBERRY HL CHANHASSEN, MN 55317-8685 600 4TH ST E CHASKA, MN 55318-1180 CHASKA, MN 55318-2102 WILLIAM GRATZ VIVEK KAUL & BOYD S PETERSON 9851 PIONEER CIR SHERYL R EBERT 9860 PIONEER CIR CHANHASSEN, MN 55317-8696 14329 RAYMOND LN CHANHASSEN, MN 55317-8696 EDEN PRAIRIE, MN 553474178 MICHAEL ROBERT NELSON KEN K HOLMBERG & JEFFREY B & CAROL G SORUM 9870 PIONEER CIR NANCY J ROSSBERG 9900 DEERBROOK DR CHANHASSEN, MN 55317-8696 9885 RASPBERRY HILL CHANHASSEN, MN 55317-8551 CHASKA, MN 55318 - GERALD R JR & SHELLY D COOK SHAWN S & NICOLA S SMITH DONALD E HALLA ETAL 7265 BUTTERSCOTCH RD 18614 CLEARVIEW DR 10000 GREAT PLAINS BLVD EDEN PRAIRIE, MN 55346-3232 MINNETONKA, MN 55345-6078 CHASKA. MN 55318-9465 GERALD F & NANCY G SLOCUM JEFFREY R & BARBARA C MICHELL DENIS C & MARY E DUKER 9920 DEERBROOK DR 9961 DEERBROOK DR 9940 DEERBROOK DR CHANHASSEN, MN 55317-8551 CHANHASSEN, MN 55317-8552 CHANHASSEN, MN 55317-8551 THOMAS J & KATHLEEN R GERTZ JAMES M HAUTMAN & STEPHEN M & NICOLE DRAGOS 10001 GREAT PLAINS BLVD DOROTHY D HAUTMAN 9960 DEERBROOK DR CHASKA, MN 55318-9466 10095 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8551 CHASKA, MN 55318-9466 GAVERY® Address Labels Laser 51600 Smooth I DAVID R TEICI 1217 MONROE SHAKOPEE, M ®AVERY® Address Labels Laser 51601 0 PLANNING MINUTES, SEPTEMBER 2, 2003 Public Present: Name Address Sharon Gatto 9631 Foxford Road Jeff Somm 9900 Deerbrook Drive John Lonstein 9861 Deerbrook Drive Gary A. Koch 9901 Deerbrook Drive Mike Conroy 9921 Deerbrook Drive Sharmeen AI -Jeff and Matt Saam presented the staff report on this item. Sacchet: Questions from the engineer? Feik: I had one. With the possible realignment of the gravel driveway northward to the Halla entrance, help me out a little bit. Show me on the map exactly where the property line is of the subject parcel. Is it at that sort of 45 degree angle there in the southwest comer? Would we be taking. Saam: Yeah, this is the property corner right there where my pen is. Feik: So there would be a taking of a portion of this parcel to accommodate that roadway? Saam: Let me clarify. This would be a private street. There wouldn't be any public right-of- way. There's no taking by the City of right-of-way. An easement would be required in the benefit of these existing properties. Feik: And the road would go in at who's expense? The people who benefit from the driveway or the developer in this case? Saam: The developer who's proposing this golf course. Feik: Okay. Saam: As with other developments, when they come in we see, from the city's standpoint that's our chance to get improvements made and that's our standard practice. Sacchet: If I may jump in here. Is that part of the, that's being caused partially by the vacating of the plat that was originally on that lot that is now proposed to be a golf course because there were probably some roads planned in there? Can you give a little brief... Saam: Yeah, in the original plat and Sharmeen jump in because I think you worked on it but in that plat that was vacated I believe the road was lined up with Halla Nursery Drive, and yes that had right-of-way and that's been vacated which basically means you know the City doesn't have 0 • right-of-way in there anymore. It reverts back to the property owner. But I don't see how that ties in with the existing gravel drive. Sacchet: Go ahead Rich. Slagle: You touched on that Matt, and maybe you know the answer, maybe you don't but if you take a look at page 2 of our program where it shows the old scenario before the golf course, was proposed. You are correct that it's next across from Halla Nursery Drive. My question is this. If those parcels to the south were to develop, how would you see the roadway? And what I'm getting at, maybe this will help you, is I'm not sure for 5 or 6 parcels it makes sense to ask the developer to incur costs to improve a driveway, if you will. But if someone came and said hey we're going to be putting in 60 homes, or something to that effect, then I think that kind of driveway or that kind of road would be certainly insufficient and would need to be upgraded and be safer and so forth. Not saying it shouldn't be safe for those families but you know where I'm getting at? So my question, I mean you would probably I guess have roads coming off 101 further south, right? Into those parcels. Saam: Possibly. Another point I should mention is with the golf course, it's obviously going to be more traffic coming to this area. More traffic going by this existing driveway, which I think everyone agrees isn't the safest intersection. The safest place to pull out. So with more traffic there, I guess we wrestle with the question are we doing a good job in saying well you know that's off their site, that's fine. Let's just not deal with that but sure, we'll approve this and add all the traffic but not correct this bad situation. I guess that's what we wrestle with. Slagle: Be careful about traffic. Given what's gone on in the last 2 hours. Okay, a couple more. Sacchet: Go ahead Rich. We're going to go back to Sharmeen. We're not necessarily exhausting our staff questions. This is engineering questions. Slagle: Alright, well I'll leave it for Sharmeen then. Sacchet: Well we want to make sure we save something for her. Do you have an engineering question? Alright. Lillehaug: I just blew through the County comments here. Thanks for getting that from them. They said there currently on Pioneer exists a by-pass lane which would indicate to me that there's a left tum lane on Pioneer going into Foxford Road. So if we're just going to re -stripe a right tum lane, that means we're getting rid of the left tum lane and, am I following that correctly? Saam: I believe it's a, and I think the applicant, since he lives up there, Ron Saatzer can speak to this but I believe it's a straight through left now. So that would be the same condition as I think what you're getting to but I'll let you finish. Lillehaug: Okay, with a by-pass lane, if there's a by-pass lane that means a car can sit in that through left tum lane to make a left tum. Saam: Right, but if there's not a car there, cars are just going straight, so it's not a dedicated left. Lillehaug: So with the by-pass lane, that typically indicates a left turn lane is warranted and by re - striping it for a right tum lane you're getting rid of a left turn lane. 2 0 • Claybaugh: You're losing the by-pass. Saam: Yep. Lillehaug: In my opinion isn't a left tum lane typically more warranted than a right turn lane? Saam: I guess you could argue that, sure. Again I would leave that, I mean that's a County road. It is their jurisdiction. We can certainly recommend that and put in a condition that the County look at this and keep it in mind. But that's ultimately their jurisdiction and I believe with the upgrade of 101 and Pioneer Trail they are going to be looking at adding dedicated left tum lanes, right tum lanes, that sort of thing with the signal going in there. Lillehaug: Then on comment number 3 from the County they hit on, it seemed like pretty extensive right-of-way impacts to the short course property here. Does the short course take into account these right-of-way impacts? Or are they simply, you know not mitigate them for them at this point because it really appears that with the reconstruction of that intersection that they're going to take a swath out of that southwest comer of right-of-way. Saam: Yeah. I don't believe that they have taken into account all of the right-of-way that MnDot and the County say they're going to require. Slagle: Point of clarification. Northwest corner or southwest? Saam: Southeast comer ... but again that's the point of these County comments. To put both the City, the applicant, everybody on notice. Say hey, this is coming. You know if you don't plan for it, it's kind of the developer's own fault if they don't plan for it. They've been put on notice now by the County. Lillehaug: We can say that now but you know as soon as it's done, I mean it's the applicant's property. I mean I think right now is the time to be ensuring that we're taking it into account and I'm not sure if it's taken into account right now. Saam: Well one thing that's tricky, I mean with this they're not platting so, and we can't require right-of-way. So that gets into a gray area when the County and MnDot are both saying well hey, we need this right-of-way. I believe it's incumbent upon them to approach the residents and offer a price you know for that land. Lillehaug: A couple more questions here. MnDot responded in one letter to the net issue, and then they, what generated another response about the net? I mean it appears that it's pretty clear in the first letter that they require a net, then all of a sudden they take another look at it. Saam: I believe and jump in if you want, but I believe the applicant or the applicant's architect contacted them Is that true Sharmeen? AI -Jaffa That's correct. Saam: Yeah, so it's applicant... Lillehaug: And then I want to hit on this driveway again here. You know this is adjacent property. It's not part of the applicant's property. Is there some sort of tie between the properties 0 • that we can require the applicant to make an improvement and dedicate basically an easement here? I mean how can we require the applicant to do that? Saam: Sure. I guess as I've said, this development's going to be generating additional traffic. We already know we don't have that safe of a driveway there, and in order to realign this driveway, make it safe, it would require going through the applicant's property to align it with that street right there. So I guess that's our tie in. We did, just so you know, get the opinion of the city attorney. See if that was a reasonable condition to attach. In his opinion yes it was. So we did check with him because we had your same concern. Can we do this? Lillehaug: But the properties aren't tied together by ownership in any way, is that correct? Saam: I don't believe so. No. Lillehaug: Alright. That's it. Sacchet: Alright. That's engineering. Thanks Matt. Appreciate it. Back to you Sharmeen AI -Jaffa The handout that I gave you, I just wanted to go through one condition and that's condition number 3 under the conditional use permit. Initially we said no commercial kitchen permitted in the club house. The applicant submitted some septic system calculations and our plumbing inspector received the results late afternoon today. We went through the calculations and basically what he determined is there isn't a filter for a treatment system for grease. Cooking grease if you will, and he requested that we add a condition that no cooking equipment be permitted on the premises, unless it's a microwave oven or a toaster oven, and again the intent is to put the golf course on notice that the septic system design does not allow for any cooking grease to be disposed through the system and if there was grease it will cause it to fail. So I just wanted to point that one out. We are recommending approval with conditions and will be happy to answer any of your questions. Sacchet: Rich, questions from Sharmeen. Slagle: She's looking at me. I just had two, and they deal with the questions that I asked which I think for the most part were addressed in the conditions so thank you for doing that. The one is getting back to the water. I just want this for the record that with the city growing like it is, taking into account the last two hours of discussion, if a user, and it doesn't matter if it's Ron property or someone else's, uses 150-200,000 gallons of water a day, all you've got to do is pick up the newspaper the last month in different areas of this state that are having the problems they're having. I'm just wanting to know, and I don't need to know tonight but asking staff to really be diligent on this for any applicant using lots of water, is that what is the plan because I think the plan, the conditions, the steps that you address here are more vague and any attorney or what not faced with this, there's a lot of loopholes and I'm not saying it should be iron tight or anything like that but just, you know you can look at that a little bit more. The last thing is regarding phosphorus. In the paper again just recently the seven metro area, all residents, if I'm not mistaken next year, no phosphorus at all. In 2004. I live next to a gentleman who's 95 year old father goes to a special store somewhere and he gets Tee Time I think it's called, and they have the greenest grass in the world. Obviously not good for the environment. My question is, how will Ron's property and I know I keep referring to Ron but Ron's a good man. Ron's property and others, you know what is the plan going forward for commercial operations? And again I don't need the answer now but if that particular property is the equivalent of x number of households, that needs to be addressed. Other than that I think it's great. Sacchet: Thanks. Bethany. Tjomhom: Yeah, I have, I'm confused I guess. There's a section in here that is specifically related or dedicated to driveway realignment and at the last time we were here there were applicants that were concerned about the safety of their property and driving in and out and the whole, they had horses I believe and there was a whole, it was a concern to them. And then I read in here, and is this from the golf course? This reading or submitting this or is this the City that's saying that you know, this really isn't their problem. It should be dealt more with the City and the homeowners. Do you know what I'm referring to? I wish there was a page. Slagle: What page are you on? Tjomhom: I wish I could tell you. There's no page number. Slagle: It's toward the back of our original. Sacchet: It's the letter. Al-Jaf. . That was sent in and it's a narrative that was submitted by. Sacchet: The applicant. Tjomhom: By the applicant. But I guess I question that logic that it really isn't their problem It's more the City's problem I don't think the neighbors or these four existing homeowners would have a problem, or they didn't have a problem until the golf course was being proposed. It's under the driveway realignment. A]-Jaf. . Okay, and it's signed by Ron Saatzer. Tjomhom: Okay, yes it is. Al -Jaffa Okay. That is the applicant's perspective. Tjomhom: Okay, and what is the City's perspective then on that? Al -Jaffa That the realignment does take place. Tjomhom: And that it is the golf course's responsibility. AI-Jaf. . Responsibility. Tjomhom: And not the City's? Al -Jaffa No. Tjomhom: Okay. Alright, I was just confused about that. That issue. And were there parts of the bluff or the Bluff Creek area, were they delineated? Or I mean from the map that was shown earlier. A] -Jaffa Yes. 0 • Tjomhom: And they're on the map now or? Al-Jaff: Yes. Tiomhom: Okay. Okay, that was my only I guess I didn't understand part of that. Thank you. That's it. Sacchet: Thanks Bethany. Kurt. Papke: Two short ones. Last time there was some discussion about the, on Hole 3 by the bluff line there, there was some discussion about the path construction there and grading and so on of that area. The plans, the latest plans we have still show that golf cart path going right along the bluff line there. Are there any, does that maintain the 20 foot bluff grading restriction? Are there any issues or concerns with that that you have Sharmeen? Al-Jaf. . I discussed this issue with Lori Haak and. Sacchet: Lori Haak being. Al-Jaff: Being the Water Resource Coordinator. Sacchet: Thank you. Al-Jaff: Thank you. And she had gone out to the site. She has looked at it and she says that the path is in keeping with the requirements of the ordinance so she is. Papke: So we're allowing some grading in that area? Al-Jaff: No grading. Papke: No grading, just the construction of the path? Al-Jaff: The construction of the path. Papke: Okay. With that path, it looks like it comes pretty close to about a 50 foot decline here in there. Do you have any concerns with safety along that with golf carts? Is there any issue or concern with that there? Am I reading the map wrong or is there? If you look at the path it comes within about 10 or 20 feet of the edge of a 50 foot bluff, and I'm just wondering if there's any safety concems there. Al-Jaff: When we walked the site, and it really is extremely difficult to get close to the bluff just because of the existing vegetation that's around the bluff area. It's not, the vegetation is fairly tall and it's not simple. Papke: So no need for a guardrail or anything like that there? Okay. Last question I had, and maybe I should have asked it when Matt was still up there but the MnDot letter mentions the potential future realignment of 101 and they raise some concerns with this golf course going into place, that that would make that future alignment more expensive. Saam: Yes, for them it would. Papke: For them. Saam: Well, yeah them as government. We're all taxpayers, yes. Papke: So do we have any idea on time frames and how that plays into this? Saam: For the upgrade of 101, no. Not at this time, other than the signal going in at 101 and Pioneer Trail. But again let me reiterate their comments, that's the point of their comments so the applicant can mitigate, can plan for it. You know move, if they've got to move trees back where there's going to be a road, you know they can do so. So it's kind of like MnDot's putting them on notice that hey, at some point we're going to be doing this so you might want to plan for it. Papke: Okay, so they raised the red flags but there's no recommendation for us to really need to take that into consideration at all? Saam: If you feel we can certainly attach conditions. Papke: I'm not recommending that. I'm just trying to get your level of concern with that. Is this going to be, is this a non -issue or is this? Saam: I guess yes, from our perspective it is. Papke: Okay, that's all. Sacchet: Thanks Kurt. Steve. Lillehaug: I have a couple questions. Number one, the trash enclosure. We have an applicant coming in later tonight. Holiday Inn Express where they have a trash enclosure that's built out of brick, but I think it has a roof on it and this applicant has a 5 foot fence surrounding the trash enclosure. Is there a double standard here? I mean do you think the applicant's proposal is adequate? Al -Jaffa Well with this application what they're attempting to do is use the same material as the building, which is the cedar siding. Lillehaug: As a fence. Al-Jaff. Correct. And maintain that rural look if you will. Lillehaug: So staffs position is it's, we're treating them equal to other site plans? AI -Jaffa If this was in downtown it would be a little different. You're looking at a site that is in a rural residential district, or agricultural estate district, I'm sorry. Lillehaug: I'm looking at a site in Chanhassen I guess. Al -Jaffa Okay, that's fair too. The way the ordinance reads, it says enclosure around the dumpster basically, and this does meet the requirement. 9 • Lillehaug: Okay. The trail in the, I think within MnDot right-of-way there. Would the City typically pay for a trail in a similar development there, or do we require the developer to either pay or put in the trail? Under their site plan. Al-Jaff: Under site plans, in this case our park and recreation director felt that currently there is a trail to the north of Pioneer Trail. In this case traffic, bike traffic basically and teens coming to the site will probably need an additional pathway to get to this site. And it is his recommendation that the applicant pay for the construction of. Lillehaug: Is that how your report reads? That the applicant pay for that? A]-Jaff: Yes. It is the applicant's responsibility. Lillehaug: Okay, the applicant's. Okay. I must have put words in or read it wrong then. And then in our last meeting I requested the applicant include the roadway on the, paralleling the south property line right to the north of their property that leads to the bluff. Just looks like a driveway or a road that goes directly to the bluff for no purpose other than dumping back in the bluff. Does staff have, is there any other reasons to maintain that road back there? A]-Jaff: Well for restoration of the 20 foot bluff impact zone will basically put a stop to that. With the dumping. Lillehaug: Okay, so what's the reason for the road there then I'm saying? You know as part of the site plan, that road has no reason for use. Why are we even leaving it there? Al-Jaff: We can make it a condition that it be eliminated Lillehaug: So is it your opinion that it's not needed there for any reason? And I can ask the applicant. A]-Jaff: Today? Lillehaug: I'll ask the applicant. Al-Jaff: Up to date the use of that driveway has been for dumping purposes. Lillehaug: Okay, thanks. Sacchet: Thanks Steve. Bruce. Feik: I'll be quick. The change regarding the no cooking equipment, that was discussed with the applicant and he's okay with it? Al-Jaff: Yes. Feik: Thank you. And I'm going to beat something to death here a little bit I think. The water. I feel for the neighbors. So before I go further on this I'd like to hear, if I were living out there or I owned for that matter Bluff Creek Nursery, or Bluff Creek Golf Course or Halla Nursery, what are the requirements, if I'm not going through a permitting process for something like this, for me to sink a well? 0 • Saam: I'm not an expert but they would have to get at a minimum a permit through our building department for the well. Also through the Department of Health, they would need a permit. If I can reference this case. I believe the Department of Health will require test well, you know to get pumping rates to ensure that there's going to be sufficient water to provide for this site, and also take into account that it's not going to affect, at least from their perspective, surrounding neighbors... Feik: So that's my concern in that I don't want to over burden this developer if Bluff Creek goes out and sinks three new wells a year from now. As this is drafted if there is an impact on the neighbors, we really don't really have to establish where it came from. We can assume it came from this applicant. If the wells are put in by Halla Nursery across the street, or they're put in by Bluff Creek Golf Course, they could have significantly greater impact on these residents than this little par 3. Saam: Well let me go back to what I said earlier. There will be modeling done by. Feik: So you will benchmark where they're at today somehow before the well goes in? And then measure after. So you actually do some measurements? Saam: Yes, we can do that. The Department of Health though is the one that has that type of data and it's a State permit. They're doing it already, but if you want to say that the City will do it, I guess we could do that too to ensure that it's going to get done. Feik: Well I just don't want to over burden, assuming this goes forward, I don't want to over burden this applicant by activities that would be going on around this site that could have a greater impact on the aquifer than this applicant himself. Saam: And that's a good point, but I just want to make the point that there are modeling programs that will look at zone of influence to try to narrow it down to say hey, this is the one that's drawing the water. Not Halla Nursery a mile away, or whatever. Feik: So let me ask you this then, as drafted this item 20, you're comfortable with the wording? That we're not over burdening. Saam: Can you repeat that, condition 20? Feik: Condition 20. That we're not over burdening because... Saam: ...so we're saying if that one causes interference with the surrounding wells, so we're not allowing it to be. Feik: I'm not injurious so I'll trust you, thank you. I just, okay. That works for me. Thanks. Sacchet: Thanks Bruce. Craig. Claybaugh: Yeah, I would just like to dovetail Bruce's comments with regard to condition number 20. And what would be, you touched on some modeling capabilities of the Department of Health, but when you're making your presentation you identified that one of your criteria's would be receiving phone calls regarding water pressure. Just want to make sure that there was a definable process in place so it didn't become a circular debate if there was a problem, and I don't 0 • know if any, the city's best management practices or if there's something that can be incorporated by reference but something that makes it more objective and less subjective. Saam: Sure. Well again the Department of Health will have base line data for the surrounding properties, and we can get that too. So using that data, and the modeling and the test well data, before the actual well goes in they'll be able to determine if hey, this well might need to go down deeper. Something to that effect. Now, even if they do that, this well could potentially affect the surrounding properties so that's where I was saying you know phone calls later on. But as I said when Commissioner Feik spoke, if you wanted to attach a condition that the City would verify with the Department of Health that this well... Claybaugh: I think something needs to be attached or something needs to be done to give it a little bit more teeth. One, to protect the developer and two, to protect the residents. It needs to be more of a definable process rather than somebody calling down and thinking, commenting that I think I have less water pressure. Like I said, that will just become a circular debate so if there is something within your grasp and can be incorporated in there that defines the process or how it would happen so you know, it doesn't get bogged down, I think that would be advantageous. Saam: Okay. Claybaugh: That's all the comments I have. Sacchet: Thanks Craig. Couple of quick questions. First of all, a conditional use permit goes with the property, correct? AI -Jaffa Correct. Sacchet: But this potentially is just limited time use, so why didn't we consider an interim use? Al-Jaff: The applicant could continue this use and it's permitted as a conditional use under our ordinance. Sacchet: Oh it is? So that's the framework that this fits in from the start? AI -Jaffa That is correct. Sacchet: Okay, whether it's permanent or temporary doesn't play into that then. A] -Jaffa The applicant has leased the property but he could purchase it and the use could continue. Sacchet: Okay. For the private street alignment, is there actually a condition in the conditions right now? Because I was not sure. Saam: Yes, number 21 in the new sheet that Sharmeen handed out. Sacchet: Okay, so that's reference to the plan of July 18 is the realignment with Halla Nursery Drive? Saam: Correct. 10 Sacchet: And Sharmeen you confirmed that the dumping into the bluff has been taken care oP That there's no more dump. Al-Jaff: We're working on it with Carver County Soil Conservation and yes, I have asked the owner of the property to stop dumping. I have had a conversation. Sacchet: They seemed receptive to the idea? I mean telling them. Al-Jaff: We're working on it. Sacchet: They've been told before, I would think. Last time when we discussed this item there was an item of no lighting. I think that's a condition we probably would still want to add. That would go under the conditional use, right? Not under site plan. Al-Jaff: Correct. Sacchet: So that's going to be a number 9. Now the water regulation, it seems like that was pretty much cleared up that the water regulation is on a State level, so generally we would not go, this is an engineering question Matt. So generally we rely on the State agencies to deal with the water issues in terms of the wells and coordinate that? Normally the City does not get involved with that? Saam: Not to a huge extent. As I said, there's a permit through our building department, but other than that the State Department of Health permits all the wells that go in the ground. Sacchet: That's where the coordination really takes place. Saam: Yes. But we can sure help to facilitate it or double check on this one if that's a big concern, and I'm hearing that it is so. Sacchet Yeah, you said that before. In terms of the improvements to 101 and Pioneer, there are easements in place that would allow for those roads to be wider and so forth. So we're basically just asking the applicant to be aware of that and do the landscaping according, is that pretty much the... Saam: Are you referring to the State letter, the MnDot letter and the Carver County letter? Sacchet: Yes, those two. Saam: ...for future upgrades. Sacchet: Yes, that's what I'm referring to. Saam: I didn't get that impression from their letter. What I got was that they're going to be looking to purchase additional right-of-way from this property owner. Sacchet: So that they would impact that property further basically. Saam: Correct. 11 0 0 Sacchet: Potentially at least. Okay. Alright, that's all my questions. Claybaugh: Mr. Chair? Sacchet: Yes. Claybaugh: Just coming back to the point that Steve raised regarding the right tum lane on Pioneer, where that shake out with the left tum by-pass. Right turn direct. When Matt made his presentation I identified we should probably add it as a condition, a right turn lane on Pioneer, or right tum striping. Steve came back and commented that would be contradictory to a left lane by- pass. Where'd that all shake out? Sacchet: I believe the letter actually says it has to be re -organized or what, can you comment on that please Matt. Saam: Sure. I mean the County letter says presently by-pass lane is striped. Traffic markings will need to be changed to reflect a right tum lane, and then Steve brought up well won't a left tum lane be needed there too. I agree that it will be and I know with the upgrades of 101 and Pioneer Trail they're going to be adding lanes. That's why they want the future right-of-way. But I deferred to the County on that since it's their road. I would recommend that, yeah a left tum will be needed there, but I don't know that we can require the developer to do. Ultimately it's going to be the County who's issuing the permit who will require it, so. Claybaugh: My comment was specifically that he identified that we may want to add that as a condition. Saam: Yes, the right tum lane. Claybaugh: Is that still your opinion or? Saam: Correct, yes. Yes, that's my opinion. Sacchet: Rich. Slagle: I just had one last thing on MnDot for the potential upgrade of 101 and it sounds like, from what I have either seen or not seen, that there really isn't anything in writing that shows where that potential road will go, at least tonight that I can see. Saam: Yeah, the traffic signal we saw very preliminary plans on that upgrade, and when I say preliminary it was just lines drawn on a topo map so nothing was really designed or anything yet. But as for any other upgrades, no. We haven't seen any of that, at least to my knowledge. Slagle: Here's what I'm getting at Matt, and Ron it might be just more FYI than anything but you've got the big curve at Halla, okay? I think everybody would agree it's probably not a safe curve, and if the State is going to upgrade Highway 101, my guess is one of the things they'd look at is not to have this sharp curve. So I mean potentially someone could come and say gosh, this golf course, Hole number 8 and Hole number 7 in the way. So I know, it's hypothetical but I mean my question to staff is. Lillehaug: Eminent domain. 12 Slagle: Well I know but I mean here we are in this, ready to approve I think this proposal and. Claybaugh: It's a snapshot in time. Everybody knows what the potential is. They make decisions based on the information at hand. Sacchet: It really all it would do is to shorten 8 potentially. Slagle: Which would be good for us. Claybaugh: You might be shooting par Rich. Slagle: I can reach. Feik: If you leave it at 4. Slagle: Alright, just thought I'd bring it up. Sacchet: Alright, thanks. Alright, that was questions of staff. So I would like to ask the applicant to come forward if you want to add, what changed since time. Comments to what you've heard from our discussion, appreciate it. If you can state your name and address for the record please. Kevin Norby: Thank you. Kevin Norby, golf course architect representing Ron Saatzer. I'll just touch on a couple things that, I'm not sure you got the answers you were looking for yet. Number one, it is our intent, if possible, to get approval from you and then the City Council and begin construction on the golf course this fall. Our hope would be to dig the irrigation pond, maybe start roughing in the parking lot, and the driving range. Sacchet: And seeding. Kevin Norby: And seeding those areas. We understand that the process of getting permits from MnDot and the County may take more time than that and so it's not our intent to begin construction in the right-of-way. I did have a number of conversations with both the County and the State and that's why you have the letters that you see tonight, is that we, after the last meeting we did approach them and ask them for their thoughts. When we got their initial letter from MnDot, one of the questions we had was where did the net issue come from and which plans were you looking at, because I had not sent them plans. They said that they received plans from the City. Had not had a chance to respond, and based on the plans it looked to them like maybe they needed a net along the side of that hole and I said did the plans you have show any trees or have you seen the updated plans that showed the hole realigned, and they indicated they had not. And I asked if it was a reasonable thing to ask that they review either the completed plans or the project once it was completed before they made a judgment on the net and they thought that was reasonable. That's why you see the second letter clarifying that it wasn't their intent to require a net, just a suggestion and that they now would just like to reserve the ability to look at that later. So I also pointed out the plans were still being generated for the improvements at 101 and Pioneer and that they didn't expect to have those plans out and ready for bid until the fall of 2004, with construction starting in 2005. So it would be our intent to actually finish this project in the fall of 2004, at which point we would still not have necessarily all the answers but could probably apply for permits for access roads and so forth. So the suggestion they made and it's on the letter there was that maybe you ought to not put trails in, put landscaping in and we'll continue to work with you, mesh our plans so that all the information works. I did ask him about right-of-way because 13 0 0 there was a reference there to a 10 foot, possible 10 foot right-of-way acquisition. He asked how far exactly we were from the right-of-way and I told him I thought we were 40 to 50 feet with the parking lot and we were in excess of that with Hole number 9. He said that was more than enough. That the only reason they would need the 10 feet would be to extend the culvert that goes under Pioneer Trail, and then they would need a 20 or 30 foot construction easement, temporary easement so they could do whatever grading they needed. So we're feeling pretty good and pretty comfortable. We've talked with Matt and we talked with Sharmeen and I think that as long as we can move ahead with some construction here this fall and next spring and then continue to modify maybe exactly how that tie in aligns with Foxford Road, we think that will work well for us. We can deal with that. So on the dumping issue, I understand from Sharmeen that you're working with Mr. Halla and Carver County. Again we're feeling a little bit like that's not really Ron's issue. We're hoping that that's not a condition of approval that is going to come back and hurt him at some point. It sounds like it's moving along pretty well and we'll leave that be I guess. As far as the well issue, I asked Ron while we were listening to your comments if he'd be willing to be involved in the monitoring of some of the neighborhood wells, and I know for a fact that the Department of Health does monitor neighboring wells so that they have some benchmark for these sort of phone calls. Phone calls are not a good way to monitor whether we're having problems in the area so I think if the Department of Health or the City wants to test some wells, have a benchmark, Ron would be in support of that. I think it would actually be in his best interest to know and to have that benchmark. And then I should just point out that based on some of your comments last time, we have realigned number 7, Hole number 7. We've moved it away from that south property line. We've located some of the existing trees that are in there. There's a large grouping of trees. I'm sure you'll find those homeowners are happy with that new location. We've also pushed the tee for number 8 closer to 101, which changes the alignment of that hole, therefore hitting away from number, excuse me Highway 101 a little more. We've also pushed that dog leg, that turning point further away from 101 so it now is we believe a safer condition. I think if you were to drive by there you'd see that there's probably 40 or 50 trees that are 25 to 35 feet tall that will remain there, and the opportunity to review that netting situation in the future I think is appropriate. As far as the railing, I'll just comment quickly, on Hole number 3. Ron was indicating when you were talking about the railing that in his opinion he would like a railing there. Just as a safety factor, even though you may not require that, I think as a landowner and as a business owner, he would want the railing there so he's looking out for the public interest. As far as the bike trail along Pioneer Trail, you'll note, if you can read it on the plan that Ron has offered to construct the bike trail on the private property, that is the property between the pond and the parking lot, but he's asking that since the trail can't be built in the right-of-way along Pioneer Trail at this time, that that's something that the City look at doing with their bike trail funding if they have that, or look for some alternative means. We're not sure, or Ron's not sure that acquiring permits from the County and going through that process of constructing that is something that should be his responsibility, and we'll defer that to your judgment I guess. And then lastly, as far as the proposed realignment of the driveway at the southwest comer of the property, I believe what we heard last time from the homeowners was that they didn't see this as an existing problem, and Ron's feeling is again he will participate in resolving that if he can, but since he doesn't own the property, if the City and Mr. Halla can come to terms on how that project or how that realignment is resolved, he's willing to participate and help construct that. One of the homeowners I think suggested that maybe even a 50 foot alignment instead of the complete realignment might be a suggestion. So I think that's all we have at this point. Oh, you had asked why we were showing the gravel road, existing gravel road on the south side of the property. We simply showed that because you had indicated you wanted to see it. At this point I don't know that we have intentions one way or the other. I think that was quite honestly it was a gravel road that Mr. Halla was using for accessing that portion of the site so we don't have a particular need for it. 14 0 0 Sacchet: Any questions from the applicant? Slagle: Just a couple. On the bike path, if I understood you right Kevin, that Ron will support the path between the pond and the parking lot out to whatever portion of his land and then, am I to understand in discussion with staff, am I to understand that with the work on Pioneer and 101, that would be prior to them opening for business or would be afterwards, and what I'm getting at is, if there's a temporary path, and what my goal is to allow the kids to be able to ride their bikes to the course, even if it's not a complete path. Is everybody okay with that? Staff? Applicant? A]-Jaff: What we have done in the past is taken a letter of credit that guarantees the work be completed. Now in this situation there will be construction taking place dealing, by construction I mean the widening of Pioneer, realignment of the road. They could do it at a later date but there will be a path, a temporary pathway will be acceptable until the permanent path is in. Slagle: Okay, and I guess on the applicant's behalf we wouldn't expect the applicant who has to pay for the temporary, if it's going to be tom up and then pay for a new one, is that what we're sort of asking? Al-Jaff: If you look at page 14 of the staff report, condition number 6, is the Park and Recreation Director's condition to have the applicant to provide the connection. Slagle: I'll leave that up to you guys. Just trying to be fair you know. Claybaugh: On that, you had indicated in your comments on that that you're looking at taking it to the right-of-way. Could you refer to the map and just definitively show what areas you're taking responsibility for at this stage. Kevin Norby: What Ron has indicated he's willing to do is to pay for the construction of the trail from this point, basically the club house to the right-of-way. His expectation or request is that the City be responsible for construction of the trail within the right-of-way, and whatever permits the County requires for that. I believe they actually constructed a trail on the north side of the road and again similar situation. Ron understands that there would have to be a letter of credit for the landscaping and the work that can't be completed at this time because of the realignment of the road. I don't think he's looking to contribute on the bike trail within the right-of-way so. Claybaugh: Sharmeen, just for clarification though, staff s condition number 6 identifies that the applicant would be responsible for taking it all the way to the intersection, is that correct? A]-Jaff: Correct. Claybaugh: So there is a contradiction, okay. I just want to make sure that I was clear on that. Kevin Norby: We'll defer that to you. Slagle: One last question, the phosphorus Kevin. Any thoughts? Kevin Norby: Yeah. Actually there was some discussion last time about some testing and some base line monitoring. My suggestion to Sharmeen was that we might include a condition for instance that says that the golf course superintendent who is responsible for taking care of the turf grass at the golf course, be a licensed pesticide and fertilizer applicator. That's a State issued 15 0 0 permit. There's continuing education that goes along with that and I think you'll find any reasonable golf course operation would have a qualified superintendent who meets that criteria, that license requirement. Slagle: Is there a diminishing use of phosphorus by golf courses or increased? Kevin Norby: I think what's happening is that the golf course superintendents are becoming more and more educated, and so they're going through again not only the initial permitting and testing, plus the licenses to buy fertilizer, but they're doing the continuing education and trying to understand how much of the chemical, a particular nutrient is needed. Fertilizer is very expensive to put down on a golf course. I mean they spend thousands of dollars a year and they don't want to spend any more than they have to so typically what's happening is they're now applying, instead of large doses 2 or 3 times a year, like you might on your lawn, they're actually doing what they call spoon feeding the fertilizer so they're putting down very small amounts of fertilizer, almost on a weekly basis, and that minimizes the amount of runoff and potential nutrient leeching into lakes and streams and so forth. So again this might be one of those issues that would be a little difficult for the City or anybody else to monitor, but through proper education and permitting and licensing, I guess you could at least meet the current standard. I think if you wanted to do some sort of testing, again you'd have to determine somehow what you're going to use as a base line, and I think the comment in the staff report was that if there was sufficient nutrients in the soil you wouldn't apply any. That's sort of a difficult one to monitor or to deal with because you know what's available in the top half inch might be different than what's available 6 inches or a foot down. Slagle: Again I think it would be fair though to ask, I mean as I have your thought. I mean if there's a seven county metro wide ban on phosphorus starting next year, that staff's condition of saying no fertilizer containing phosphorus may be applied unless the soil test results demonstrate deficiency in phosphorus. However that baseline is arrived at seems like a fair request. Kevin Norby: Yeah, I don't think that we can contradict or refute a state wide or a county wide requirement, so I'm not familiar with that requirement but if, I'm sure a good superintendent would be, and if testing proves that he needs it or doesn't need it, I would assume he would handle it in an appropriate manner. Slagle: I'm certainly not against this applicant here... Sacchet: Any other questions from the applicant? Feik: One quick question for Kevin. The exterior lighting. As the applicant's representative, you're comfortable with not having exterior lighting on the site? Kevin Norby: Yes. Feik: Would there be a need so we're, I don't want to be too mundane about this, but do you need convenience lighting at the exits of the buildings? Kevin Norby: Well I believe that there would be. Feik: Your steps and stuff. Kevin Norby: Some lighting at the, I guess we're talking about area lighting. 16 0 Feik: Right. Kevin Norby: Like parking lot lighting. Feik: I don't want to just blanket say no exterior lighting. 0 Kevin Norby: I'm not that familiar with that portion of the city's ordinance but I believe we're talking about area lighting. I think we would want lights at the club house entries. We might want them at, adjacent to the sidewalk and maybe at the sign, you know lighting the entrance sign or something in that order. Feik: Okay, thanks. Sacchet: Steve. Lillehaug: Yeah, just a quick comment/question. The drive road at the south. Previously I asked you guys to show it because it wasn't shown on the plans and I didn't know where the existing roadway is. Now I know that it is on the property for this site. What is your comment as far as removing that road? To obliterate it and... Ron Saatzer: The road really has nothing to do with the golf course or me personally. Fro not going to use the road so I don't really have any say in what goes on with that road. Kevin Norby: I think that's, maybe that's an issue that again as part of the resolution for the dumping, you know or the bluff re-establishment. Maybe that's something that can be resolved with Mr. Halla. I'm not sure if that's even in the portion of land that you're leasing, is it? Ron Saatzer: No, that has nothing, we talked about that the first time around. That has nothing to do with me as the applicant and it has nothing to do with my property lease either so it's really kind of a [Hoot point. I mean you guys asked for it. Lillehaug: It isn't a moot point though. When we look at this site, the City's looking at realigning the driveway that's not on your property either. This is part of the site. This roadway is part of the site. When we look at the site plan, the whole parcel is part of the site, correct me if I'm not wrong staff. Al-Jaff: It is part of the site. It's shown on the plans. Lillehaug: And this is the tool, one of the tools the City has to mitigate a problem, an ongoing problem out there. So that's why I requested to have it shown on the plan. Kevin Norby: At the time we last presented this, and it wasn't on there, I don't think there'd been any discussions between Sharmeen and the owner about how to deal with the bluff issue. We showed it and quite honestly until tonight I wasn't aware that they had been discussing it as fairly as they had so. Lillehaug: Okay, that's it. Sacchet: One more quick question. This netting stuff. So it's my understanding that you're opinion is that the trees should be sufficiently protecting the cars on 101. 17 0 0 Kevin Norby: The trees and the alignment of the hole. Sacchet: Between the alignment and the trees. Kevin Norby: Correct. Sacchet: You consider from your experience, which I understand is certainly more extensive than anybody else's in here with golf courses, from your experience you don't see a need for netting? Kevin Norby: I do not. Sacchet. Okay, that's what I wanted to hear. Okay, if we don't have further questions from the applicant, I'd like to open this public hearing that anybody would like to come forward, comment to this proposal, please come forward now. State your name and address for the record and let us hear what you have to say please. John Lonstein: Thank you. I'm John Lonstein, 9861 Deerbrook Drive and my concern is with the water and availability of water in the future. When we put our house down 10 years ago we sank a well. We had to sink it deeper because we didn't get water initially. Since then for water treatment I've had to put in two water treatment systems because of the quality of the water, at great expense. The water use I understand for this development is going to be about a million dollars, I'm sorry, a million gallons a week. I don't know what this means in how many houses does a million gallons or how many townhouses does a million gallons a week equate to. I've heard that this is being monitored by the Department of Health. They have never been to my property to see what my use is and how much water I'm using and what my pressure is, so they've got no prior history to know what's happening in the last 10 years. I don't know what condition 20 says in detail, in other words if I have no water, or my water pressure drops ... what have been taken from the aquifer, what recourse do I have? If I'm suddenly without water, what do I do and who do I call? Making a phone call's not going to solve my water problem. That's the one comment. The other one is just, I'm a little amazed as a resident of Chanhassen, we've had two proposals this evening where one big problem that has come up has been traffic, and it's kind of been solved as where do we put in an access road and how do we take care of it, rather than not looking at the big picture. The impact on Chanhassen. The impact on 494 and the impact on the area. Thank you. Sacchet: Thank you. Matt, could you address what somebody would do when their water vanishes. Saam: Well I guess if I could tackle it this way. What I would recommend, after listening to everybody is that we propose a condition similar to the developer to assist the City or to finance the monitoring of the adjacent wells to ensure, to find that baseline and to ensure that this commercial well will not adversely impact those neighboring wells. So I'm hearing that's a real big concern tonight, and it was last time so maybe we need to add a little more teeth to that. Sacchet: And would you also be able to address Commissioner Feik's concern about even larger water users impacting this particular applicant so that, I mean it's protecting both ways. Saam: Yes. I think. Sacchet: This is not as easy, it's very. IN Saam: With neighboring wells being drilled, I guess we could add a condition at that like if Halla, as Commissioner Feik brought up, if he would come in for an expansion of his site would require a permit, we could add the same type of condition upon installation of that. Sacchet: Or the other golf course for that matter, yeah. Saam: Yes. Sacchet: You wanted to add something to that? John Lonstein: Yes. That still doesn't answer the problem because nobody knows how much water is in the aquifer. I can bet nobody can predict what's going to happen in the future with the water taken out. Nobody has predicted in the past, you know Highway 5 was built and remodeled. I would put my money down, and I'm not a betting may, I would put my money down that the projections made for traffic volumes today are far lower than the actual traffic volumes, so we can't predict what the water's going to be. I want to know what's going to happen. It's no good monitoring and saying we'll see what it is and we'll project if there's enough water. You don't know how much is in the aquifer. It's impossible to know. Sacchet: So the good thing is we'll find out, but then the bad thing is we'll find out. John Lonstein: Right, and what happens to me? You know I can see what's going to happen. What will happen is, the City will come to me and say sorry you have no water. We'll have an assessment so we'll bring in water to you. We're putting sewer lines and water lines. That's not solving the problem. Tjornhom: I have a comment. Obviously this isn't the first golf course being built in the Twin Cities, you ]mow that doesn't run on city water and do other golf courses drain the wells dry from, I don't even know where there would be, I don't golf. I don't know whether there would be a golf course not on, you know or you know what I'm saying. Saam: I don't have experience with golf courses and their impacts on the private wells. Sacchet: But that's a good comment Bethany. It's obviously not the fust golf course. Let's maybe hold our comments til we get through with the public hearing. It's a good comment though, thank you. Anybody else? I'm sure there are other people that would like to address this particular topic. Please come forward. State your name and address for the record please. Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. If you end up recommending the private street realignment which I believe is point 17 on the condition, if that hasn't changed to 21. Sacchet: It's still 17. Debbie Lloyd: Then I would like you to add the developer shall provide inspection reports to the City for the private street, because without that clause there's no inspection of private streets. Correct? Saam: Yes, that's a good point. 19 0 Claybaugh: I thought previously we had incorporated that into more of a standard that there would be, that the entity providing a private street would provide a monitoring process and testing and submit those final results to the city. Saam: Yeah, and the standard procedure as a condition, more of a standard condition... Claybaugh: So each time it needs to be incorporated as a condition. Saam: Correct. We haven't changed the code. Claybaugh: Okay. Sacchet: Alright. Debbie Lloyd: And then I do have one other question, comment, concern, whatever. Hearing about the water and remembering some discussion in the past about the fen. That development upland from the fen can have an impact on the fen and I'm just wondering if that has been at all looked into relative to the golf course. That's it, thank you. Sacchet: Thanks. This is not in the watershed for the fen is it? Not directly. Saam: I don't believe that this will affect the fen but that could be looked at. The fen, the Seminary Fen down on 212. Sacchet: It's a little further west. Saam: Yep Sacchet: Alright, more comments. This is public hearing. Anybody else like to address this item, express your concerns, questions, opinions, views of the world, please come forward and let us ]mow what you have to say. Name and address for the record please. Steve Walstad: Steve Walstad, 10071 Great Plains Boulevard, and you really don't want my views of the world I'm assuming. Sacchet: It's getting late without that. Steve Walstad: No. Just a couple of things, as far as well testing, oh by the way I'm just south of the practice range right here. So I'm one of the closest properties here and I am on the I'm assuming the aquifer will flow toward the river so I'd be after the water would be taken out here. Yeah I guess I have not heard of any problems with the golf course drawing water out of the, with Bluff Creek right next door, much larger property and with the Nursery is also drawing a lot of water. I'm not an expert but I think it is something, a valid concern and it would be, I agree with the previous gentleman. It's a big issue that if my well runs dry I want to know why. I don't want to just blame somebody and have Ron, who's excellent to work with by the way. Appreciate all you've done but I don't want to put him on the defensive, nor do I want to blame Halla nor do I want all finger pointing all around, but I think it's a good point that we really need a structure of okay, in the meantime I don't have any water and what happens. My well burns out. You have to pay for that, and it's a he said, she said type thing. I think there's got to be some kind of testing done, or some kind of monitoring to know that. We've gone almost what, a month and a half with very little rainfall, and don't want it blamed on that. Well it's not me, it's 20 that. And again, it can't be that subjective. There's got to be some ways of doing that. As far as the driveway again that is, I am one of the properties on that driveway and a couple of things just to clarify. This is something that the neighbors that have been on that driveway have talked about quite extensively obviously and it impacts us directly. I've been there 5 years. It hasn't been a huge issue. I can see it is a safety issue. However turning the driveway north and putting us in line with the people driving golf balls is also a safety issue. And I'm just, I know that they're doing their best to align the holes for the state highway and everything else but if we align the tee for number 8 to the west, how does that leave room for an access road change? Is it critical to me that that changes that we have a safer access? It would be nice to be safer. Is it critical? I guess I don't think it is critical. As far as the future development, and this being a temporary type lease situation, I think it'd be very naYve of me to assume that after 10 or however long years the lease is that this, when the MUSA line comes through that this wouldn't instantly be turned into private properties again so I think it'd, I know it'd be great to have a golf course that stays there but dollar wise I'm not a developer but I can see some developers looking very strongly at that property and making very attractive offers so. And I'm assuming at that time any temporary type road changes to the private drive would again be addressed when it gets redeveloped. And so this is kind of a temporary situation as far as realigning the road. There was something else but I can't think of it right now so I won't take your time but I do appreciate. One thing I'd like to say, I think there's been a lot of thought that's gone into this from everyone here and I do appreciate your keeping the concerns of the neighbors in the fore front, thank you. Sacchet: Thank you very much for your comments. Anybody else? Please come forward. State your name and address for the record and let us hear what you have to say please. Gary Koch: Gary Koch, 9901 Deerbrook Drive. More just a comment. I believe that we've got 12 residents on Deerbrook Drive that are very concerned about the water situation. I don't know why we're building a 9 hole golf course. I believe... saying, I think there's an end game here and I think it's from a development perspective, but if we have an issue with water, we need to get that resolved now. Not then. Because I'm going to be quite pissed off if I can't take a shower in the morning. So study it and understand that you've got 12, what have we got? 12. They pay a bunch of taxes on that road and we need some water and I think that if it becomes an issue, it will be your issue. Sacchet: Thank you. Anybody else? David Teich: Hello, my name's David Teich. I'm at 1217 South Monroe in Shakopee, Minnesota. I own the property to the south of this project, and was born and raised on that farm. All the property being talked about here was where I was born and raised. I've got an issue with the road. The access that's being proposed. Sacchet: The realignment of. David Teich: The realignment of the access and then the, that would involve I think easements. Creation of easements on Halla property to get to the property that I own. I do not wish to see that. It's a complicated, impractical procedure as I see it. As I understand it, the golf course is not to use that road. They have no need for the road so why'd they make that part of this project, I don't understand. I can appreciate the concern of the safety of the road, but I think the City's concern of the safety would have to be a concern when the road becomes public and it's not public. It's a private road. So I think that's about all I've got to say. 21 • Sacchet: Thank you very much. Appreciate your comment. Who else would like to address this item? This is your chance. Tom Gertz: Hello. My name is Tom Gertz. I'm at 10001 Great Plains Boulevard. This property right here. Regarding the, I'll only be slightly redundant, regarding the realignment. I don't support it. It's nice to get something for free once in a while but I don't think this is applicable. I think the change for safety concerns is only a slight change in safety. I think it's marginal. It doesn't warrant all the effort, the expense, and I think it increases, I mentioned this last time. I think it may increase our hazard for aligning us with that tee box, especially if it's going to move to the left. I enter that driveway 5 times every day, and it already is extremely close to our entrance, so with the new alignment of that tee box, I'm not sure there's any space any longer so it may require some more complications. As far as an easement from Halla, maybe. But this is leased property and I don't know what happens in 10 years when that expires and Halla owns the property. Someone else owns the property. Perhaps the developer, and if you close off the existing access we have now to Great Plains, can we re -open that? And I don't know who's in the power position at that point. Maybe because it was existing they have to work around that. Someone has to buy it. I'm not sure, I just think it might be, I think the whole issue is kind of complicated and I think a lot of things go away if we just go back to what's existing, and maybe there's some, and I mentioned this last time too. Maybe we can just improve it a little bit. But I don't see it as a huge hazard. Also in this, and maybe this is for the engineer. This doesn't show it, but the way that the proposed entrance is, is that that curve, currently it's very difficult to get a large truck in there. I know we had our moving vans come in, they're 48, 60 foot tractor trailers. They almost cannot make that turn now, and if you look at the proposed curvature where we're aligned with 101 and then we have to swing, I think it would have to be re -done again. To move around that. If this is to scale, and I assume it is, it's already difficult to get around that comer so I just don't know how much space there is to work with that. I appreciate the due diligence of you all in the city and helping us with this but I think that's one helping hand we don't need. Thank you. Sacchet: Thank you very much. Who else would like to address this item? This is your tum to speak up about this. Concerns. Issues. Nobody else wants to address this, I am closing the public hearing and bring it back to commissioners for comments. You want to start over there? Slagle: Sure. I think simply put, I'm in support of the golf course application with this following caveat if you will. And that is, I believe in it like a macro sense. Our look, our process of how we look at water usage has been interesting in this process and what I mean by that is, and I don't know if this is the largest application, certainly in my time here, that is well based. If this was city, you know I think maybe I and others would just sort of think well the city, it's just city water. The city gets it's water somewhere, but it comes from the same place these wells do so in some respects I think it's really an issue for the city. Not just the folks at Deerbrook because if they eventually get hooked up, or Bluff Creek does. Is Bluff Creek well at this point? Aanenson: Yes. Slagle: Can I ask a question that I think, sorry now I've just thought of something. Sacchet: Go ahead. Slagle: What's an average household use a day? Any idea from staff? So we don't even know what an average household uses for gallons. 22 0 0 Saam: 1,000. Throw out that. Slagle: 1,000? Okay. Anyway, make a long story short. I just think that the process has been somewhat interesting and I am willing to approve this application with a, it doesn't have to be a condition but just a real plea to staff to get our hands around this water usage because as time goes on, I just came from up north, I mean just as an FYI. Castleton, North Dakota ran out of water. The Army had to deliver trucks and there was some reason that the tower lost pressure but basically folks, their source of water was drying up. And it happens. So that's it. Sacchet: Bethany. Tjornhom: For the record I just want to say that I am concerned about everyone's wells and their water and my comment about this can't be the first golf course ever created that doesn't run on city water, wasn't really what I meant. It obviously works for other places and you know. My next comment is, were you saying that you didn't want your driveways corrected? When you were up here. Is that what you were saying? Sacchet: That's what I heard. Tjomhom: Okay. So, well with that then I guess I think too it would be a good asset to the community. It'd be good for kids to be able to go and learn to play golf so I too support it. Sacchet: Thanks Bethany. Kurt. Papke: In talking to some other area residents over the past couple weeks, everybody I've talked to seems to feel this is a lot better than a bunch of houses on the same property so I think it's an overall good for the area. I agree with Rich, it's been an interesting process to see how the water has become such a central issue where we didn't really start out with that as much of an issue when we began the process two weeks ago. And I guess I'd like to make sure, I understand with staff what our level of discretion is here. I mean if the applicant follows all required permitting, licensing, etc, etc, etc, are our hands tied behind us and just cruises on through or what, outside of the obvious. Saam: ...add additional conditions but typically that's the way. Papke: But that's it. I mean we can put a couple conditions on it but if they follow the Hiles. Aanenson: No, let me just... If you go to page 4 of your staff report, there are findings of a conditional use. General issuance standards. Papke: Right. Aanenson: And you have to find findings that they meet those. Will not be detrimental or endanger public health, safety, comfort of the general neighborhood. Okay, so that finding says it won't be but it seems to me that there still is a little bit of a question that you're asking us to follow up on regarding water. If there was lack of water that could be detrimental to the neighborhood, so yes. You have to find findings in the general issuance also. And how you can do that is add conditions to mitigate or. Slagle: But with all due respect, if I can just ask, in defense of, not defense of the applicant but just thinking of the applicant, water usage goes down 6 months from now or next summer to the 23 0 0 point where people's wells run dry. How in the world are you going to ascertain legally that it was due to this golf course? Saam: I don't have that answer. That'd be something we'd have to explore with the Department of Health. That's not something we deal with on a day to day basis. Papke: Okay. Overall I think it's a very good plan and I think we've done our due diligence here. That's about it. Sacchet: Thanks Kurt. Steve. Lillehaug: I want to hit on the water a little more too. First off Mr. Saatzer has mineral and water rights to his property period. The city does not regulate his water rights. We have a city code that the Planning Commission enforces and that does not address water rights. The Minnesota Department of Natural Resources and the Department of Health are the ones that regulate and monitor well usage. Mr. Saatzer's well contractor has indicated that they're going to have to go into an aquifer well below the bedrock. Well below all the residents aquifers that they're using. It's not the city's position to monitor or regulate. The city can ensure that the applicant is doing what he's supposed to do with the Department of Health but for residents to hold the Planning Commission and the city staff responsible for their well running dry I don't think is appropriate because it's not the city's position and they're not the regulating authority so I do want to just say that that is my interpretation of it. I agree with the applicant that he shouldn't be held to the standard to correct that driveway to the south. I think with the unknown of the possible realignment of 101, that it's just not providing a big enough benefit at this time to put the burden on the applicant to address realigning that driveway. And I would also like to indicate that if a driveway, if it stays in it's current position where it is, I think the applicant tree plan has to be modified to actually delete the trees right adjacent to that driveway to provide a better sight distance. So there's a portion of the trees there adjacent to the driveway that I think staff should review with the applicant to ensure that appropriate sight lines are obtained because the way it sounds, that driveway may be left as it is. Looking at the construction of 101 and Pioneer, the County's indicated that bid letting is 2004 with a construction of 2005 so does it make sense to have the applicant put a temporary or even a permanent trail in MuDot or County right-of-way? I don't think it does at this point. I think the better result is just for, as Sharmeen indicated, to withhold money to complete that trail as part of that project rather than constructing a temporary at this point because with the staging, it sounds like the temporary would get ripped up before it'd be utilized also. I would like also to ask staff, to re -address with the County the left and right tum lane at Foxford because it's my opinion that the left tum lane is more important and more significant than having a, putting a right tum lane in there, so I think it'd be good to talk with Mr. Weckman with the County there to ensure that he hasn't overlooked something there. I think that is all I have, thank you. Sacchet: Thanks Steve. Bruce. Lillehaug: One more. One more. Sacchet: Go ahead. Lillehaug: In absence of seeing where the applicant's leased property is versus non -leased property, I don't have a boundary on here and I think it is viable to have that access road removed on the south there going to the bluff. I think it's low cost. I don't like putting costs on Mr. Saatzer but I think this is something that can easily be incorporated into this plan, thank you. 24 0 0 Sacchet: Thanks Steve. Bruce. Feik: I'm generally in favor of the plan. I'd like to thank the applicant for coming back two weeks later and bearing with the process. I know it's frustrating for you. I fully agree that we should not be relocating or realigning the road, the gravel driveway on the south side. I look at that as basically a taking. There is no benefit to this property as it's being conceived at this point. There's no access for it. I really don't see any reason to move that driveway at this point. I have a bigger concern with the curve that's further south than the driveway itself. So I'm in support of the application. Sacchet: Thanks Bruce. Craig. Claybaugh: Likewise I'm in support of the application. I agree with my fellow commissioner that in lieu of putting in the bike trail, that the applicant should submit a letter of credit and coordinate that with MnDot improvements. With condition 20, which deals with the well, again that's a two edge sword. It's not just to protect the residents. It's to protect the applicant as well, and it may come down on further investigation from the staff that it's just a function of shedding the facts or light on the facts so both the residents and the applicant know what to expect. But that certainly needs to be cleared up. I guess that's all the comments I have. Sacchet: Thanks Craig. Real quick, will not be lengthy hopefully. I do want to thank the applicant for really addressing a lot of issues in a very short time. It's very commendable the progress that's been made. Also staff has addressed some of the issues in addition so I think we've come a very long way with this application. It's a great application. The water issue, the water issue is huge. The water issue affects all of us, and I think it'd be unfair to penalize one particular applicant for a problem that potentially could affect us all at some point. At this point we have to deal with the framework that's in place for that, which is it's being regulated on a State level, and are those regulations adequate or not? I don't know. Frankly personally I think they're probably not in terms of what we're envisioning. What the situation could become with water usage and water needs. On the other hand here in Minnesota we're probably better off with water than anywhere, or most other places in the world. The private drive, I think we have pretty clear input from the neighbors that they don't really care about this being improved, and I do have a problem with this going in to, onto a property that has no benefit from it. It's a dichotomy there. I would think that once this area is going to be changed in use, which is more than likely once sewer and water becomes available there, that it will be developed for residential. Then there will be roads and then that will be the time to make a good solution. Whether it includes that property with the golf course or not, whether it's just the property on the south, either way there would be a road system put in place that at that point issues could be addressed in a permanent solid way. To open the sight lines a little bit I think is a very important aspect. That's something that can be done right now so when you come out that driveway you see further than just a tree. I think that's reasonable, responsible action to do. I do believe there are a few things to still look at as this goes forward from here, assuming that we pass this tonight to the council. I would like to make sure that the MnDot and Carver comments are fully integrated and looked at. I mean we saw the Carver County comments first time tonight. The MnDot comments were attached to the report but weren't really fully integrated yet. They're a little bit integrated into the conditions now. I would like to request to really full due diligence to make sure to fine tune and solid integrated before this goes to council. That's pretty much my comment. With that I would ask for a motion here. Feik: I'll make a motion. 25 0 0 Slagle: Just point of clarification. Do you think we should at least share that... Sacchet: Where does it come from? Okay Matt, just for information, since we were talking about water usage, our engineer... 100 to 200 gallons a day, so that gives us 1,500. Slagle: So Matt, if I can use my math, would be the equivalent of the, our first subject site tonight for 650 acres that we talked about. 1,500, so again. It's not the applicant's issue but I hope going forward City Council water will be an issue. Sacchet: Thanks for clarifying that Rich. Do you want to make a motion Bruce? Feik: I would like to make a motion. I move that the Planning Commission recommend the approval of Conditional Use Permit #2003-4 CUP for the construction of a golf course with club house as shown on plans dated August 25, 2003, with the following conditions 1 through 8. And a ninth being added that no exterior lighting shall be permitted with the exception of convenience lighting for safety. Sacchet: There is a motion. Is there a second? Lillehaug: Second. Feik moved, Lillehaug seconded that the Planning Commission recommend the approval of Conditional Use Permit #2003-4 CUP for the construction of a golf course with club house as shown on plans dated August 25, 2003, with the following conditions: I. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. There shall be no cooking equipment permitted on the premises with the exception of a microwave oven, pizza/ toaster oven, etc. The intent of this condition is to put the golf course operator on notice. The proposed septic system design does not allow for any cooking grease to be disposed through the system which will cause the system to fail. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review #2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 26 0 0 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the City. 9. No exterior lighting shall be permitted with the exception of convenience lighting for safety. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Sacchet: Can I have a second motion on the site plan? Feik: I make a motion that the Planning Commission recommend the approval of Site Plan Review #2003-7 SPR for the construction of a club house and a maintenance building for a golf course as shown in plans dated August 25, 2003, with the following conditions, listen closely please. 1 through 20 with the following additional deletions. So I'm deleting 21 and 22. I'm deleting, as shown, 2, 3, 8(c), 9(c), (d), (f), (h), (i), 10, 11, 14, 17, and the last sentence of 19 as shown. Saam: Commissioner Feik I'd also recommend, if you're going to delete 17, which is the realignment, you delete 18. That ties to it. Feik: Works for me. 18 as well. Lillehaug: And 16? Feik: With the access from the north side, he still needs to get that. Lillehaug: That's County. That's a County road. Saam: I think the MnDot letter though says you're going to need a, they're going to need a drainage permit. Lillehaug: Okay so. SaccheC So leave it or take it? Saam: I guess you could delete the, end at MnDot permit period, if you wanted. Feik: So we'll delete a period after the word permit. Delete the words for the new access. Saam: Yes. Slagle: Point of clarification. Do you want to keep in 20? Do you want to re -word it? Do you want to. Feik: I'm willing to discuss it. I'm willing to delete it if that works. I'm willing to try to carve it up and make it work but as drawn, or as, it's very subjective. I don't really want to burden the city with a lot of testing and monitoring. 27 0 0 Lillehaug: It might not have any merit. I mean it might be here but doesn't hold any weight. I really don't think it does. Sacchet: It doesn't. Feik: I'm willing to delete it at this point. But I'm also willing to discuss modifications that you guys can make it work because as it's drafted it doesn't work. Slagle: Well I would be in favor of deleting it because legally I think there's no basis but I don't think in fairness of either the applicant or the citizens, I mean what I'm getting at here, I think there's got to be something to staff or, saying help us. You know I mean, leave it up to the staff and the city attorney or I don't know. Feik: Why don't you make a second and do a friendly amendment. Slagle: Oh, noway. Lillehaug: I'll second it. Ron Saatzer: ...if there really was interference with surrounding wells, wouldn't... Saam: Yes, and the city would get involved too of course. Ron Saatzer: So doesn't that make this redundant? Claybaugh: I don't believe it makes it redundant. I think there's a little more due diligence that's required at this point, like the gentleman said. The day you come in and tum your spigot on and nothing comes out, he doesn't want to be responsible, if he's not responsible for the problem. It could be something else. Some other source of the problem These people want to know what direction it's going to go I think that at least some preliminary framework, whether you leave condition 20 in and just say, to be developed by staff through discussions with the residents and the applicant, so you have something to present to council but even if it's just something there. There's been a lot of discussion about it. It's something that needs to be investigated further. The only options as I see it is to table it or to take that condition 20 and basically allow staff to investigate it further because we don't have sufficient facts or information tonight to really put something meaningful forward. Sacchet: Could we take condition 20 out, however instruct staff to study that particular issue further before it goes to council. If appropriate add maybe more refined, fine tuned condition to this for council. Claybaugh: I think more time is required to investigate... Saam: Yes, we'd certainly research it with the Department of Health and the DNR. Feik: I don't want to slow the application up. So I. Sacchet: So are we leaving it in or taking it out? Feik: I mean how much time do we need for this discussion and. 28 0 0 Sacchet: Between now and when it goes to council. Not coming back to us. Feik: Okay. Sacchet: But the question is do we leave 20 in or not? Claybaugh: How can we write 20 that it leaves it open ended so you can do what you're directed to do? Or is that not possible. Aanenson: How about this. When you do your. Sacchet: We make summary comments. Aanenson: Thank you. Sacchet: Thank you, alright. We take it out. Feik: Delete number 20. Delete 20. And we need a second still. Lillehaug: I seconded it. Sacchet: Do we have the right turn lane on Pioneer in there somewhere. He already seconded it, yeah. Saam: No, it's not in there. I checked. Sacchet: Do we want to add a right turn lane for Pioneer? Feik: I think that's going to come out when he gets his permit for access. What MnDot or... Sacchet: So that would clarify 16? Feik: You bet. Saam: We should maybe add, I'd recommend comply with MnDot and Carver County permits. Claybaugh: Do you want to expand on 16? Lillehaug: How bout just a new one? Would it be 23? The applicant shall comply with the county access permit and all the standards set forth in the permit. Feik: The county and MnDot? Lillehaug: Well they already got one for MnDot. This one would be specifically for the county. Sacchet: Is that acceptable? Feik: Why don't we just add County and MnDot to 16. Sacchet: Do 16 to say MnDot and Carver County permit. Okay. 29 Feik: That works if you want to just add County to number 16. Lillehaug: Yep. Sacchet: That's. Feik: Acceptable. Sacchet: Acceptable, okay. We have a motion. We have a second. We have accepted friendly amendment and we want to hear everybody in favor say aye. Feik moved, Lillehaug seconded that the Planning Commission recommend approval of Site Plan Review #2003-7 SPR for the construction of a Club House and Maintenance Building for a golf course as shown on plans dated August 25, 2003, subject to the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of the Conditional Use Permit. 2. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 3. No vegetation may be removed within the bluff impact zone. 4. The applicant shall provide a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the club house and storage/maintenance building. b. If a fire hydrant is available, a 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. C. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. f. A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 6. Building Official conditions: a. Submit a detailed floor plan of the club house so the occupancy classification and fire suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. C. An accessible route must be provided to all facilities on the site. d. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. e. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. f. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 7. Engineering Department conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen latest Detail Plate Numbers: 5201, 5203, 5207, 5300 and 3001. C. The applicant is responsible to obtain and comply with all regulatory agency permits. d. On the grading plan add a benchmark. 8. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 9. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 31 10. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 11. The applicant is responsible to obtain and comply with a MnDot and Carver County permit. 12. Per MnDot's review memo dated September 2, 2003, the need for a net along TH 101 will be evaluated upon completion of the golf course. If it is determined that a net is needed, then the applicant will be required to install it. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Sacchet: This goes to council. Summary for council. We find that the most sticky issue that is far bigger than this application is the water issue, and we would like to, engineering to further study how the water situation can be mitigated should the unfortunate circumstance arise that some wells get negatively affected. In order to find out how, what affects it. How does it come and can any responsibilities be assigned for that, how does that get dealt with. We would like to instruct staff to have a clear understanding how the State agencies deal with these type of issues so that we are ahead of the curve and not reactive should ever anything happen in this context. That's the water issue. The issue with. Claybaugh: Can that information be forwarded to anyone that was here at the meeting? Sacchet: And we request that we would see maybe that as well, is that something that you could include for information to the Planning Commission? Slagle: I think also residents. Claybaugh: Residents yes. Sacchet: And residents that. Claybaugh: Certainly the affected residents that receive mailings as part of this application that showed up at the meeting. Sacchet: Do we want to just use the residents that signed in or would we want to? You know how to do it? Okay. You know how to do it, that's good enough for me. Any other water aspects? Lillehaug: I have a couple other comments. Sacchet: Let's do water. The private drive to the south, we figured based on the neighbors, what seemed quite unanimous statements that they're not interested in this line up and we had some reservations impacting the Halla property, which at this point does not benefit from that driveway at all. That we feel that a better solution for this drive can be found once further development occurs in that area, either on the Halla property or to the south. And however that we would like to see some tree trimming where that drive comes out on 101 at this point, to maximize sight distance without having to do an actual realignment. Anything else on the driveway? Alright, other things Steve? 32 Lillehaug: For staff to work with the applicant to insure that the sight line is adequate with the tree layout. Feik: He just said that. Lillehaug: Did you? Sacchet: Yeah, I just touched on that. Lillehaug: I thought he said tree trimming. Sacchet: Same idea. Anything else you want to add for summary to council? Saam: Nets on 101. Sacchet: Nets on 101, yes. To the south. Saam: To the driveway. Sacchet: The private road. The private road. I do want to mention in summary to council that the applicant has shown really good effort addressing the issues that we brought up the first time we looked at this application and asked to be looked at. I mean that's important because I really appreciate that. Lillehaug: I have one more. Sacchet: Yes Steve. Lillehaug: It didn't get put in as a condition but I'd like staff to work with the applicant and the current owner of the land to get that roadway removed. Going to the bluff. Sacchet: The gravel drive to the bluff, that should be eliminated with clean-up of the bluff. Stopping of the dumping. There's no road needed any more. Might as well get rid of that road. Good point. Is that it? Abight. Wow, do we need two minutes of a bio break? I think we need, we'll get back, let's shoot for 10:15. 33 Sep -15-03 11`55A NORBY/KAWELl_ _J 9529420197 .cr a.� v�av•�-� Minnesota Department of Natural Resources 500 urr yeue Roast Sc. Paul, Mirulacora 55155-40_ September 14, 2003 ^ _ Kevin Norby Harefort Norhy Associates Q 6452 City West Parkway o Eden Prairie, MN 55344 z RE Waley Appropriation Permit Requirements: City of Chanhassen LL L g_ Dear Mr. Norby, o F M It is my understanding that your client is planning to appropriate ground water from a well for Irrigation of a nine -hole golf course and the City of Chanhassen Council is requiring your client to perform a hydrogeologic study to investigate ground water availability and the potential for well Interference. A ground water study can be anything from a review of existing Information to a detailed analysis of field data, including aquifer testing. The following explains what the Department of Natural Resources (DNR) will require of your client if they plan to appropriate ground water for irrigation purposes. As Regional Hydrologist, Dale Horn uth indicated in his letter to you dated Sepicmber 5, 2003, a Water Appropriation Permit will be required from the DNR if your client plans to pump more than 10,000 gallons per day, or 1 million gallons per year. I would direct your attention to the ONR Waters web site for copies of the application and a general explanation of the application process: hhp'1/www.dnr. stale. mn. u slwaters/watermaml sectiontwproprialions/permits.html In addition to the general requirements, your client will be required to submit a map or air photo showing the locations of all domestic wells within a 1,0 -mile radius and all production wells within a 1 -5 -mile radius of the irrigation well. In addition to the map/photo, your client should collect and submit well information for all domestic wells within a one (1) mile radius and all production wells within a 1,5 mile radius of the well site (a copy of the domestic well information sheet is alteUted for your convenience). DNR start has performed a rudimentary search of the Minnesora Gnologiral Surveys County Well Index (MGS-CWI) and have identified 181 domestic wens and six (6) production wells in a nine square mile (3 sections by 3 sections) area centered on the golf course site. Based upon this information it appears that the majority of the domestic wells in the area are completed in glacial sediments or the first bedrock aquifer, the Prairie du Chien formation. Note that the "Counly Well Index", generally contains wells recently constructed and does not contain many wells constructed before 1980. Therefore, R is necessary to visit potential domestic wells in the field and not rF9y solely on County Well Index, it is my understanding that your diene fres not yet drilled a well. Gruen the apparent numhpr of nearby domestic wells completed in the glacial deposits or Prairie du Chien formation, consider drilling the production well into a deeper aquifer system such as the Franconia -Ironton -Galesville (FIG) Sandstone. It is generally acdapled that the FIG is hydraulically disconnected from the overlying Prairie du Chien -Jordan aquifer system. Pumping from a production well completed in the FIG would not be likely to impact water levels in the comesuc wells completed In the overtying DNR Iufurmation: 651-296_6157 • I-R8Q-6a6-6167 . TTY 651-25%-_5.184 - 1 -Mi -651-3929 An rgw,l Opportunity Gmplayn Prmrctt on K=Ydad Paper Grn:yning a MIAMoM 6r 10% PtlR•CMALIUfwant 3 0 O N N Sep -15-03 11`55A NORBY/KAWELL 9529420197 P-02 1J V," lu-30 r. V.YV( formations (note the MGS-CWI search did identify several wells completed in the Franconia formation). Once your client has submitted the well log for the production well and the above referenced domestic welt information, DNR may require aquifer testing of the well. The need for an aquifer test will be based upon the source aquifer to be pumped, the requested pumping rate, and the number, proximity and depths of neighboring wells. The purpose of an aquifer test is to evaluate the potential impacts the appropriation may have on the source aquifer, surrounding wells, and if appropriate, nearby surface water features- DNR would identify any nearby wells that should be monitored during the aquifer test. Generally the permittee or their agent conducts the aquifer lest I have enclosed an example of the aquifer test requirement for your review. Be aware that your client may be required to drill an observation well for use during the aquifer test and any long-rerm water level monitoring deemed necessary after the test. If you have any questions about the domestic well Infomtalion or aquifer testing requirements, Please contact me at 551-296-0517 or via e-mail at Jav Frischmen®dnr state mn us. If you have any questions about the permitting process, please contact Area Hydrologist Julie Ekman at 651- 772-7919. R,ncpfely, �1 Jay R. Frischman, PG �.. Hydrogeologlst - Ground Water U6rt Cc: Brian Rongitsch. Supervisor Julie Ekman, Area Hydrologist Teresa Burgess. City of Chanhassen e) STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Conditional Use and Site Plan Request for a Golf Course. Southeast Corner of the intersection of Great plains Boulevard and Pioneer Trail. Applicant Ron Saatzer / SMG, Inc. 9450 Fox Ford Road Chanhassen, MN 55317 (952)994-7794 Property Owners Don Halla 6601 Mohawk Trail Edina, MN 55439 (952)941-2924 PRESENT ZONING: A-2, Agricultural Estate District 2020 LAND USE PLAN: Residential -Large Lot (2.5 Acre Minimum) 1/10 Acre Outside of MUSA ACREAGE: 45.99 acres DENSITY: N.A. SUMMARY OF REQUEST: A conditional use permit to allow a Golf Course to be located on property zoned A-2, and a site plan for the construction of a club house. Notice of the public hearing has been sent to property owners within 500 feet. Staff is recommending approval of the application with conditions. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan amendment. This is a quasi judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If 1 City finds that all the applicable conditional use permit standards are met, the permit must approved. This is a quasi judicial decision. 0 0 Chanhassen Short Course August 19September 2, 2003 Page 2 BACKGROUND On June 21, 1995, the City Council approved the final plat for the subdivision of 102.73 acres into 33 lots and one outlot, Halla Great Plains Addition. Halla Nursery was platted with an area of 11.45 acres as part of the subdivision. HALLA GREAT PLAINS ADDITION On July 8, 2000, Carver County District Court approved the vacation of a portion of the plat (the area east of Highway 101 and south of Halla Nursery), at the request of the owners of the property. VACATED PORTIONS OF HALLA GREAT PLAINS ADDITION Chanhassen Short Course A�^'49September 2, 2003 Page 3 Over the last year, staff has had several meetings with Mr. Saatzer to discuss the possibility of a golf course on the area located east of Great Plains Boulevard and south of Pioneer Trail. \t / Proposed ��-- LOCATION OF PROPOSED GOLF COURSE PROPOSAL/SUMMARY The applicant is requesting a conditional use permit for the construction of a golf course on property zoned A-2. The site has an area of 45.99 acres and currently gains access off of Pioneer Trail and Great Plains Boulevard. The applicant is also requesting a site plan review to locate a 40' x 60' pre -manufactured structure club house to the subject site. The main exterior material is cedar siding which is permitted by ordinance. The proposed building is manufactured by Lester Buildings. A porch is proposed at the front portion of the building and a patio is proposed south of the building. The above building is an example of the cedar siding building proposed by the applicant. 0 0 Chanhassen Short Course A, gi*449September 2, 2003 Page 4 As an accessory use to this establishment, the applicant is requesting a 30' x 60' maintenance building. The main exterior material is proposed to be cedar siding to match the club house. Parking is proposed along the north portion of the building. The parking lot will be screened from views by a combination of berms and landscaping. Trash enclosure is not shown. The enclosure shall be built of materials to match the building. A sign plan has not been submitted. The applicant submitted a narrative that stated they intend to have an identification sign. The ordinance allows monument signs not to exceed 24 square feet in area and 5 feet in height. Detailed sign plans shall be submitted for staff's review and approval. The applicant has expressed a desire to serve basket food in the club house. This type of use is incidental to a Golf Course. Staff is recommending the club house operations maintain the same timetable as the Golf Course. A liquor license is required to serve beer on the premises. The applicant must submit a request to the city. A public hearing will be scheduled before the City Council when the application for the liquor license is received. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan, and conditional use permit, with conditions outlined in the staff report. CONDITIONAL USE PERNUT Golf Courses are permitted as a conditional use permit in the Agricultural Estate District. The following constitutes our findings: GENERAL ISSUANCE STANDARDS Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The proposed use will not create any significant or unexpected impacts with the incorporation of staff s conditions. The use will provide a convenient location for residents in the area to practice an outdoor activity. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is consistent with the City Comprehensive Plan. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 0 0 Chanhassen Short Course August-93eptember 2, 2003 Page 5 Findin : The site is surrounded by highly traveled roads. The proposed use is permitted within the district as a conditional use. It will be compatible with the area. The applicant is proposing a landscape buffer around the site to minimize impacts on the residential neighborhoods to the south, west and east. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The use will provide a convenience for existing or planned neighboring uses. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Public utilities and infrastructure are not available to the site. The site will be served by a well and an Individual Septic Treatment System (ISTS). 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Staff is not aware of any excessive requirements for public facilities. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: This site will not create adverse impacts to persons, property or the general welfare of the area. The proposed use will comply with city ordinances. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site is accessible from Pioneer Trail. One of the issues of concern for staff is the existing access to the property off of Great Plains Boulevard. This access is a gravel private street, shared with four single family homes. Sight distances are undesirable. Staff has been working with the applicant to move the current access to the north, facing Halla Nursery Drive West. The new location will maximize sight distances. The neighbors have expressed concern that they might get hit by a golf ball while entering of exiting the site. Staff is recommending the use of a net along the east side of the relocated private street. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 0 0 Chanhassen Short Course AagwA49September 2, 2003 Page 6 Finding: The site contains existing nursery stock. Over the past few weeks, the applicant has moved a large number of the existing mature trees. They can be seen along the boarders of the property. The ordinance does not prohibit moving of trees. 10. Will be aesthetically compatible with the area. Finding: The proposed use will be compatible with the area. 11. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. NA Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. GENERAL SITE PLAN/ARCHITECTURE The proposed buildings will be utilized as a club house and maintenance building. The Club house will have a total area of 2,400 square feet (60' x 40'). The building is proposed to utilize cedar siding. An open porch is proposed along the north side of the building and a patio along the south. The applicant provided staff with a picture of an existing building and plans that have not been customized to reflect any architectural detail (windows, doors, columns, etc.) As a condition of approval, the applicant must submit detailed architectural plans that meet the design ordinance requirement. The club house is proposed to house a pro shop, office and a cafeteria. The applicant intends to sell hotdogs and other basket food. Staff is recommending a commercial kitchen not be permitted on the site. The maintenance building is proposed to utilize the same materials, have similar design, with an area of 1,800 square feet (30' x 60'). The site plan is reasonably well developed. Parking for vehicles is located north of the club house. The majority of the parking lot will be screened either by landscaping or berming. The total hard surface coverage permitted by ordinance is 20%. The applicant is proposing a total hard surface coverage of 2.4%. ARCHITECTURAL COMPLIANCE Size portion Placement Entries: The building has an open porch that greats visitors and directs them to the front of the building. 0 0 Chanhassen Short Course August—Meptember 2, 2003 Page 7 Articulation: The building incorporates adequate detail and has been designed tastefully to fit the setting. The architectural style is unique to the building but will fit in with the surrounding area. The building will provide a variation in style through the use of the cedar siding, windows porch and patio. The building is utilizing exterior materials that are permitted by ordinance. Lighting: Staff is recommending that outdoor lighting be limited to a residential type lights attached to the building. Staff is also recommending that the golf course hours of operation be limited to sunrise to sunset. These hours will eliminate the need for golf course and parking light fixtures. An exterior building light plan is required. The plan should incorporate the light style and height. Signs: A detailed sign plan is required. The sign shall meet ordinance requirements (area not to exceed 24 square feet and height not to exceed 5 feet). Material and detail Color High quality materials - accent material may occupy up to 15 percent of the buildings fagade. The building will utilize wood as the main material. The colors chosen for this building are earth tones. The selection is unique to the building but blends in with the surrounding buildings. This is an area agricultural in nature and staff believes that the overall chosen materials and color will fit in with the surrounding area. Height and Roof Design The building is proposed at a height of 12 feet with one story. The porch along the north portion of the building meets the design criteria dealing with pitched elements. Facade transparency All facades viewed by the public contain more than 50 percent windows. Areas that don't meet this requirement will be landscaped. Site Furnishing The applicant has provided an outdoor seating area, however, the furniture has not been shown on the plans. The plans must be modified to show the chairs and tables. Loading areas refuse area, etc. The trash enclosure must be shown on the plans. This area must also be screened through a combination of berming, and landscaping. Landscaping The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms and landscaping materials will be continuous along the Chanhassen Short Course August-9September 2, 2003 Page 8 perimeter of the site. The plant materials are repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. Lot Frontage and Parking location The site is located at the southeast intersection of Pioneer Trail and Great Plains Boulevard. The parking is fully screened and meets ordinance requirements. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and Chanhassen Short Course ;..,.,,off ptember 2, 2003 Page 9 those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan, with conditions outlined in the staff report. MISCELLANEOUS Soil tests should be performed at least once a year. Results of all soil testing should be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) should be submitted to the City of Chanhassen. No fertilizer containing phosphorus should be applied unless the soil test results demonstrate a deficiency in phosphorus. Also, on-site grading should not increase the rate or volume of runoff downstream from the site or onto adjacent properties. SIGNAGE Section 20-1301 of the sign ordinance allows Non-residential use in Agricultural Estate Districts to have only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty- four (24) square feet of sign display area, nor be more than five (5) feet in height. PARKING The ordinance requires 20 parking spaces plus 1 space for each 500 square feet of floor area in the principal structure. The total parking spaces required are 25 spaces. The applicant is proposing 80 parking spaces. BLUFF No grading, disturbance or dumping is permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 should not be directed into bluff impact zones or bluff areas. WETLANDS No wetlands exist on site. 0 Chanhassen Short Course Augeptember 2, 2003 Page 10 LANDSCAPING �J The applicant has submitted a landscape plan for the golf course. Landscaping requirements include parking lot landscaping and buffer yards along all property lines. Requirements are as follows: Landscape item Required I Proposed Parking lot landscape 3,142 ft. landscape area > 3,142 ft. ldscp area Buffer yard B — 30' 13 overstory trees -7 13 overstory trees width 6 islands/pe,ninsulas 4 6 islands/peninsulas Applicant does not meet minimum requirements for parking lot landscaping. Landscape item Required Proposed Pioneer Tr. 10 overstory trees 10 overstory trees Buffer yard B — 30' 21 understory trees 21 understory trees width 31 shrubs 31 shrubs East Property Line 7 overstory trees 7 overstory trees Buffer yard B — 30' 15 understory trees 15 understory trees width 22 shrubs 22 shrubs South Property line 28 overstory trees 40 overstory trees Buffer yard B — 30' 55 understory trees 2-5 35 understory trees width 83 shrubs 250 shrubs Highway 101 11 overstory trees 11 overstory trees Buffer yard B — 30' 23 understory trees 23 understory trees width 34 shrubs 34 shrubs Applicant does not meet minimum requirements along the south property line, but is proposing to plant a solid hedge consisting of lilac, black chokeberry and dogwood. In addition, they have increased the number of overstory trees. They hope to create a buffer that meets the needs of the neighbors better than what is required by ordinance. Staff supports this argument for the most part,'-•• _,,,.,.......ends that the Staff initially recommended the number of under story trees be increased by 10. The applicant revised the plans to reflect staffs request. PARK AND TRAIL The Parks and Recreation Director reviewed the request of the Chanhassen Short Course proposed at the southeast corner of the intersection of Pioneer Trail and Great Plains Boulevard. He noted one deficiency which is the lack of a pedestrian/bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. The proposed course would be a destination for area youth seeking to access the property utilizing non -vehicular forms of transportation. The applicant is required to provide this connection. 0 Chanhassen Short Course August-Meptember 2, 2003 Page 11 COMPLIANCE TABLE - A2 DISTRICT Total Lot Area Lot Frontage Lot Depth Lot Coverage Total Parking Stalls Building Height Building Setback Ordinance Short Course 10 Acres 45.99 Acres 200' 1215' 200' 1170' 20% 2.4% 25 80 _1 story ...- - 1 story N-50' S-10' E - 50' W - 10' I N-110' S-500' E - 260' W - 270' PLANNING COMMISSION UPDATE E On August 19, 2003, the Planning Commission reviewed and tabled action on this item. Staff was directed to provide additional information on the following items: 1) Existing and proposed access: The Planning Commission requested additional information on the need to relocate the existing driveway. It is staffs opinion that this development is a triggering event requiring the improvement of the driveway to meet existing practices, policies, and ordinances. Visibility The existing driveway has an approximate sight distance to the south of 100 feet. Based on Traffic Studies done in the area in 2002, average vehicle speed in this area is 41 mph. This gives the entering traffic less than 2 seconds of clear sight distance on which to judge the safety of entering the roadway. The proposed driveway has an approximate sight distance to the south of 400 feet. Based on a 41 mph speed the driver has over 6 seconds of clear view. While still not the level the City would desire to see in this area, this is a significant improvement. Both driveway locations have adequate visibility to the north. Realienment - It is City practice to align private drives across from existing driveways whenever possible. This practice reduces the number of confect points on the through street, which is an accepted method of crash reduction. This practice is in accordance with existing MnDOT standards as well. 0 0 Chanhassen Short Course Aug" eptember 2, 2003 Page 12 The Planning Commission questioned if tree trimming would be an acceptable alternative to the realignment to address the visibility issues discussed above. The curve in the roadway would require significant tree trimming to provide the same level of visibility. To obtain the same improvement of 300 additional feet of sight distance, trees would need to be trimmed approximately 80 feet outside the existing right of way or nearly a distance of 100 feet from the edge of the existing pavement. The City does not have the legal ability to trim this area, as it is private property. For the purposes of this review, it was assumed that the existing trees in the right of way would be trimmed, allowing the 100 feet of sight distance from the existing driveway. The City does not have jurisdiction to perform the trimming in the TH 101 right of way without a permit from MnDOT. Width and Cross Section - City Ordinance Section 18-57 requires that private streets, private drives serving more than one property, must be built to 20 feet of width to a 7 -ton cross section. Staff believes that the development is a triggering event to require the upgrade to meet the City Ordinance. 2) Well Interference During the Planning Commission Meeting, several property owners expressed concern about the potential of impacts from the commercial well on surrounding wells. The applicant has submitted a letter from the well company stating that interference should not be an issue. However, Staff recommends a condition of approval be added that should the commercial well cause interference with the surrounding wells, the applicant shall be required to make alterations to the commercial well to correct the problem or provide alternate water supply to the affected property owners at no cost to the property owners or the City of Chanhassen. Alternate water supplies may include but are not limited to redevelopment of the existing wells to a deeper aquifer or installation of public water to serve the area. 3) Site drainage: The public questioned if any additional drainage would affect the south property owners. The applicant proposed to utilize the existing contours to minimize grading changes. The proposed grading will accommodate the surface drainage within the Golf Course area toward four proposed storm pond. Staff is fine with the proposed grading which will minimize the surface drainage affect to the south. 4) Landscaping• The applicant modified the landscape plan as recommended by staff. The revised plans are in compliance with ordinance. 5. Bluff Restoration: Staff has been working with Chip Hentges, Conservation Technician with Carver Soil and Water Conservation District and the owner of the property, Mr. Don Halla, to remedy the situation. 0 0 Chanhassen Short Course August-9September 2, 2003 Page 13 RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: CONDITIONAL USE PERMIT "The Planning Commission recommends approval of Conditional Use Permit 2003-4 CUP for the construction of a golf course with a club house as shown in plans dated July 18, 2003, with the following conditions: 1. Hours of operation shall be seasonal and limited to sunrise to sunset. 2. No outdoor speaker system shall be permitted (individual pager systems are permissible). 3. No commercial kitchen shall be permitted in the club house. 4. Approval of the Conditional Use Permit is contingent upon approval of Site Plan Review 2003-7 SPR. 5. Soil tests must be performed at least once a year. Results of all soil testing must be submitted to the City of Chanhassen. In addition, annual reports detailing all applications of fertilizer (including nutrient content for nitrogen, phosphorus and potassium; application rate in pounds per acre; date of application; and total quantity of fertilizer applied) must be submitted to the City of Chanhassen. No fertilizer containing phosphorus may be applied unless the soil test results demonstrate a deficiency in phosphorus. 6. No grading, disturbance or dumping shall be permitted in areas designated as bluff or in bluff impact zones. Runoff from cart paths, fairways, greens or tee boxes on Hole 3 shall not be directed into bluff impact zones or bluff areas. 7. On-site grading may not increase the rate or volume of runoff downstream from the site or onto adjacent properties. 8. The applicant shall enter into a conditional use permit with the city." SITE PLAN REVIEW "The Planning Commission recommends approval of Site Plan Review 2003-7 SPR for the construction of a Club House and a Maintenance Building for a golf course as shown in plans dated July 18, 2003, with the following conditions: 1. Approval of the Site Plan Review application is contingent upon approval of Conditional Use Permit 2003-4 CUP. peninsulas in the paAifig let. 4. All trees to be preserved must be protected by tree protection fencing. Fencing must be installed prior to grading. 5. No vegetation may be removed within the bluff impact zone. 6. The applicant shall provide a pedestrian bikeway connection to the City's trail system at the intersection of Great Plains Boulevard and Pioneer Trail. 0 0 Chanhassen Short Course A+tgast-Meptember 2, 2003 Page 14 7. Fire Department Conditions: a. Please contact the Building Official and Fire Marshal to discuss the sprinklering requirements for the clubhouse and storage/maintenance building. b. If a Fire Hydrant is available, a 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. "No Parking Fire Lane" signs and yellow curbing will be required. Please contact Chanhassen Fire Marshal for exact location of signs and curbs to be painted yellow. d. The builder must comply with Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. This is only if a sprinkler is required. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention division Policy #29-1992. f. A post indicator valve will be required on any building that will have a sprinkler system. g. Submit radius turns and dimensions to City Engineer and Chanhassen Fire Marshal for review and approval. 8. Building Official Conditions: a. Submit a detailed floor plan of the clubhouse so the occupancy classification and fine suppression requirements can be determined. b. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. d. An accessible route must be provided to all facilities on the site. e. Submit a design of the on-site sewage treatment system for review and approval. Two sites must be provided and these sites must be protected from damage prior to beginning any construction activity on the site. The system must comply with the requirements of Minnesota Rules 7080.0600. f. Detailed occupancy related requirements cannot be reviewed until complete plans are submitted. g. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review, permit procedures and fire suppression options. 9. Engineering Department Conditions: a. Staff recommends that Type I silt fence be used along the northwesterly and southerly property lines. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. All disturbed areas are required to be restored with seed and mulch within two weeks of grading completion. b. Add the following City of Chanhassen Latest Detail Plates Numbers: 5201, 5203, 5207, 5300, and 3001 e. Add a legend to the plans. d. The Feek ent-.,....e muss be a miniFaufn of 75 feet in length e. The applicant is responsible to obtain and comply with all regulators agency permits. 0 0 Chanhassen Short Course August-98eptember 2, 2003 Page 15 >ten:r..rrr+.�a.�r.�:rste�e�r.:�+r..rfrrrrs g. On 1-0 Devise the, size of a6e e uh- house to-ege..a „ 40' % 60' Building. 11. Be..:..e the s -veof the m ntenanee 6..:1.1 ng to ryAe.,a a 40Y x 6_02 -Building.- 12. uilth.12. The applicant must submit detailed architectural plans for the club house and maintenance building that meet the design ordinance requirement. 13. The applicant shall enter into a Site Plan Agreement and provide financial guarantees to insure compliance with the project. 15. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. 16. The applicant is responsible to obtain and comply with a MnDOT permit for the new access. 17. Since the private access serves multiple lots, the road must be a minimum of 20 -feet wide, built to a seven -ton design and enclosed within a 30 -feet wide private easement. 18. The portion of the new access located within the right-of-way of highway 101 must be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. 19. The applicant will be required to install netting along TH 101 at the 8's hole to prevent golf balls from entering the highway. 20. Should the commercial well cause interference with the surrounding wells, the applicant shall be required to make alterations to the commercial well to correct the problem or provide alternate water supply to the affected property owners at no cost to the property owners or the City of Chanhassen. Alternate water supplies may include but are not limited to redevelopment of the existing wells to a deeper aquifer or installation of public water to serve the area." ATTACHMENTS Application and narrative and revised narrative dated August 19, 2003. 2. Memo from Steve Torell, Building Official, dated August 6, 2003. 3. Memo from Mac Sweidan, dated August 6, 2003. 4. Memo from Todd Hoffman, Director of Parks and Recreation, dated August 4, 2003. 5. Memo from Greg Hayes, Fire Inspector/Training Coordinator, dated July 29, 2003. 6. Letter from Herfort Norby Architects dated August 25, 2003. 7. Letter from Bergerson Caswell regarding well construction dated August 20, 2003. 0 Chanhassen Short Course August-Meptember 2, 2003 Page 16 Letter from MnDOT dated August 26, 2003. 9. Planning Commission minutes see Agenda Item #6. 10. Plans dated 3u"August 26, 2003. 0 Planning Commission Ang — August 19, 2003 • PUBLIC HEARING: INTERSECTION OF PIONEER TRAIL AND GREAT PLAINS BOULEVARD. Public Present: Name Address David Teich 1217 S. Monroe, Shakopee Dorothy Hautman 10095 Great Plains Boulevard Judy & David Walstad 10071 Great Plains Boulevard Tom J. & Kathleen Gertz 10001 Great Plains Boulevard Jeffrey Sorum 9900 Deerbrook Drive Sharon Gatto 9631 Foxford Road Shawn & Nicola Smith 725 Halla Nursery Drive John & Anna Mae Makela 9860 Raspberry Hill Kevin Norbdy Architect Ron Saatzer 9450 Foxford Road Gaye Guyton 10083 Great Plains Boulevard Boyd Peterson 9860 Pioneer Circle Sharmeen Al -Jeff presented the staff report on this item. Sacchet Thanks Sharmeen. Questions from staff. Slagle: I just have a couple. Sharmeen, you had mentioned concerns from the neighbors regarding, among other things, lights. So if I understand you right you're saying that because it's sunrise to sunset we will not see any lights? Because I don't see lights on the plans. AI -Jaffa There aren't any lights. One of the things that we talked about is, something that resembles a residential light fixture at your door. You usually have front lights. Door lights. That type of thing is acceptable. But you won't have any parking lot lights. Slagle: Okay and I apologize for not remembering but is that in the conditions? And specifically what I'm going to ask if it's not in the conditions, will you put it in the conditions, but more importantly specify, if the rest of the commissioners feel the same, we have a driving range. When I first saw this my first thought was my gosh, you're going to have big flood lights as these people, you know, and then I noticed the hours of limit on the operations. But I guess I just want to be perfectly clear that they are in the conditions because at some point someone could interpret them different. Put up a few lights and then we have the whole issue of trying to get them to take it down. Is that a fair question? Al -Jaffa That's a fair question and it should be a condition of approval. Slagle: Okay, and then I have another question regarding, and just more as a perhaps ignorant question, but I don't think so. We're going off Pioneer versus 101. AI -Jaffa Correct. Planning Commission Ang — August 19, 2003 • Slagle: I'm not suggesting I'm bias one way or the other but when you hear about all the traffic problems at 101 and Pioneer, does this raise any concern or is the traffic just not substantial enough? Al-Jaff: Well, I will turn this question over to our engineering department but in the near future there will be a signal at this intersection and Mak. Sweidan: Regarding the traffic, it may and may not affect but it will be affecting to it and that's due to the comer lot. It's actually that intersection so it could be from the four direction to that comer. The golf course. And maybe it will be within the days it will not be affecting the rush hour which is early morning or like you know the p.m. Slagle: My only concern Mak is that people, if you have a light, you will have a fair amount of back-up, say it's 5:00 going westward on Pioneer. Someone taking a left to go west on Pioneer. Again, it might be enough of an issue but I just thought it'd be important to raise it because I do think it's going to be fairly close to that intersection. Papke: It is an issue now. I mean right now the traffic backs up at least several hundred yards beyond where the entrance is planned during rush hour and I can envision a number of Eden Prairie residents using this you know, this golf course and so I would not be surprised if there's a fair amount of traffic at that point. Sweidan: Usually that delay, the set up from intersection is about minimum 100 feet, 300 feet. So with this one here it's more than 300. Papke: But I sit in that every day and it does back up well beyond the planned entrance, with the current 4 way stop. Now I realize a year from now there will be a stop sign, and so it may not be an issue at that point but unless we remediate that, it could be a problem and I don't know that I would, that people won't be using this facility after work. I can envision someone going and saying oh, let's get in a quick 9 holes before dinner so I agree. I think the traffic is. Slagle: Can I just, one more question. Sacchet: Go ahead Rich. Slagle: And that is, thanks Kurt. With respect to the dumping, and we don't need to get into it too much but I guess I would just ask, if dumping and how we want to define that has been ongoing. I certainly feel that it's appropriate to tie that into this approval, whether it's the applicant claims no responsibility, which I'll trust that's the case. Still the owner of this land has some benefit in seeing this proceed through. It seems to me that you sort of say you've got to fix that and then, I mean I'd hate to approve this and then have the dumping keep going. So FYI on that. Sacchet: Thanks Rich. Bethany. We're at questions by the way. Tjomhom: I don't know if I'm supposed to ask you Shanneen or the applicant about the design of the course. Al-Jaff: I would ask that you ask the applicant. Thank you. Planning Commission Aing —August 19, 2003 • Tjomhom: Abight, I'll leave you out that so I guess I don't have any questions. Sacchet: Kurt. Papke: Yeah a couple issues. There's an inconsistency between the drawings and the text in regards to building sizes. Which one is correct? Al -Jaffa Correct. The ... in staffs report and it should be a condition of approval in here that under the site plan condition number 12 and condition number 13, those are the accurate sizes. Papke: Okay, next question. There's a recommendation by Todd that we put in a trail. A bike pedestrian trail and it wasn't clear to me where that would be and how far it would extend. AI -Jaffa What Todd was referring to was this intersection and bringing it to the entrance into the golf course. Papke: Okay, so we would be encouraging traffic to cross at the stop light, because right now the trail is on the north side. Al -Jaffa That's correct. Papke: So we wouldn't be trying to get people to take the existing trail and cross in the middle of the highway. Okay, I just wanted to make sure I understood, and we wouldn't extend it past the entrance? The trail. Al -Jaffa No. The intent is from this intersection down to the parking lot. Or the entrance into. Slagle: Can I suggest one quick thing? Al-Jaff: Yes. Slagle: Can you have it go down on the west side of the parking lot so you don't have bikes interfering with cars? Al -Jaffa Sure. Papke: I had the same concerns with lighting that were already brought up and the traffic. Question about water. There will be a new well here and I would think that a golf course is going to utilize a substantial amount of water. Are there any issues or concerns with draw down of the water in the area? I mean there are people right across the Pioneer Trail who have private wells. Is anyone going to be impacted by the water that's being consumed by the golf course? Has there been any analysis of this? Any calculations? Any concerns? Al -Jaffa I can definitely check on that one but I'm not qualified to answer that question. Sweidan: Actually I don't know how much it's going to affect exactly around the neighbors Kevin Nordby: Actually I can address that in a minute. Sacchet: Okay. Planning Commission Aing — August 19, 2003 • Papke: The flip side of that question, golf courses normally utilize a lot of fertilizer, pesticides and so on. Are you also going to be addressing that issue? Okay. The only other concern I have for staff is the plans show a trail going close to the bluff line where I believe the dumping occurred. Does staff have any concern about the proximity of that path to the bluff and what will happen there? Okay if I can use somewhat graphic terminology for a moment. We're going to have golfers consuming multiple cans of beer. Okay. Then walking past the bluff and this would be a wonderful opportunity to remediate that situation. Lillehaug: Maybe even more on that. Isn't that trail within the bluff setback? Al -Jaffa Correct, and there is a condition of approval that says no grading and the trail is also addressed in here within the bluff impact zone. So there needs to be some minor redesigning of this area to push the, there can't be any impact. Sacchet: Which condition is that Sharmeen, if you'd just point that out please so we can see it. Al -Jaffa ...does not allow any dumping. Lillehaug: Number 6. On conditional use permit. Al-Jafi Yes, and I apologize. We jumped from 6 to 9. We're missing the 7 and 8. Condition number 6. In the CUP and number 6. Lillehaug: Maybe it should be part of the site plan conditions too though. Papke: So just to make sure I understand what this means. Does this mean that staff is going to require that that walkway be moved from where it's currently shown on the drawing? Is that what you're. Al-Jaff: If it impacts the, yes. It will need to be shifted. Papke: Alright, that's all I had. Thank you. Sacchet: Thanks Kurt. Bruce. Feik: Yeah a few. First one is, do you have any concerns regarding golf balls going out into the street, particularly onto Great Plains, 101, from that number 8 par 4? Al -Jaffa The applicant is increasing the landscaping along 101. There is. Feik: Okay, you're satisfied with what they do, I guess my question is you're satisfied with what they're doing? Al -Jaffa If I'm the one playing I would be satisfied. Feik: This is dangerous because we're talking drivers here. Kevin Nordby: I'll try to address that again. Feik: Okay, thank you. I'll move on then. Planning Commission MLC[ing — August 19, 2003 • Sacchet: Going to have to ban me from that course. Feik: From a planning perspective, you know the original had this plotting out for some lots. We originally had two accesses to the parcel to the south. From an overall land use perspective, do you have any concerns regarding access to the southerly parcel? If you go back, do you know what I'm talking about? There were two roads that were originally in the original plat that was approved in '96. With this going in, obviously access to those two roads, contemplated roads would be denied. From a land use perspective do you have concerns with any of that? AWaff. No. This is a conditional use. This access point is adequate. The applicant is leasing the land for the time being. Does that answer your question? Feik: Kind of. Sacchet: Site could change. This is not a final solution Al-Jaff: If 10 years from now Mr. Halla decides that it fits. Feik: Okay, got it. That puts things in a little different perspective. We're talking here about a liquor license from a zoning land use perspective, is there any reason to believe that they would be able to get their beer and wine type license in this location? Al-Jaff: That's a City Council decision. All the golf courses within the area have a 3.2. We checked with other communities. Same thing. They all have it. Pending approval. Feik: Okay. A number of weeks ago we had a working session. We were talking about manufactured structures. In particular I'm not sure you were at that one but my question is, the installation of this manufactured structure, would that conform with the contemplated changes that we discussed a number, I guess it'd be 2 V2-3 months ago. We talked about full foundations and some other things. Al-Jaff: They would have to meet the building code requirements, which involves foundation. Feik: Next question. Signage on I guess it's Pioneer. I'm assuming that will not be lighted signage? Al-Jaff: No. Feik: So the applicant might be okay if we specifically say non -lighted. Al-Jaff: Correct. Feik: Two more I think. We just got some new stuff as we started this. Is this included? Does this need to be included, assuming this goes forward. Al-Jaff: These are new conditions that were added by our engineering department. Mainly, if you look at this existing gravel. Feik: The east/west gravel access to the south side parcels. Planning Commission Aing — August 19, 2003 • Al-Jaff: Correct. One of the things that we talked to the applicant at length about was realigning the entrance. This memo addresses the entrance requirements such as this portion would need to be paved as required by ordinance. Truck access easements and our main concern in asking the applicant to realign this point is sight distances. This is improved. It's really in keeping with the plat that was approved back in 1996 as far as where to align an access, in general, onto 101. Feik: Okay. I have just two more questions. One is in the conditional use permit and number 5 regarding the soil samples and the use of fertilizers. We've had lots of conversation, and City Council has discussed regulations, rules, ordinances. Help me out as to where that sort is globally from a city and how this fits into that or doesn't. A]-Jaff: I can address this specific situation as well as how we've dealt with other golf courses. RSS, Rain, Shine, Snow, basically provides the City with a once a year report that basically takes the soils. Tells us what level of phosphorus is in the ground, and based upon that we can work with them to figure out whether they need to add any more. So this would fall into the same category. Slagle: Adding more, take some out? Al-Jaff: Correct. Slagle: Phosphorus. Feik: One last one, and I'm going to get back to where we started I think with Rich regarding the dump, or dumping. We believe the individual responsible for the dumping is the current owner? A]-Jaff: Correct. Feik: So if we made that specific requirement to this, they would need to get fixed up period. Right, prior to this going forward. AI-Jaff: There's quite a bit of history on this issue. I mean we went through this 10 years ago and we cleaned it up and. Sacchet: Now we do it again? Al-Jaff: Well different types of materials. Before it was, there was plastic and other. Feik: But this would give the current owner an incentive. I'm assuming. Okay, that's the last question, thank you. Sacchet: Steve, questions from staff. Lillehaug: I want to kind of put this into perspective... approximately what size Rain, Snow or Shine is as far as acreage. Any guess? Anybody? Sacchet: Smaller than this. Half the size maybe. Lillehaug: Okay. No guess? Al-Jaff: Commissioner Sacchet was saying half the size. Planning Commission ling —August 19, 2003 • Sacchet: Yeah I think this is maybe not double the size but it's definitely bigger than Lillehaug: And then just to hit on soils test. Do we know, will the applicant know exactly which soil tests he must be performing? I mean I know what soils testings are but I mean are we being specific enough here or is there? Al-Jaff: I will work with Lori on this issue. Lillehaug: Okay. The trash enclosure. Condition number 16, it says show location of trash enclosure. Do we also typically indicate or have a plan on what type of materials this trash enclosure is being built out of, etc? Is this something we should probably add to ensure that it's, it matches the building or whatever, we typically do that? Al-Jaf£ Sure. Exterior materials shall match those used on the building. Lillehaug: And then has this plan been put in front of MnDot because 101 is a trunk highway. Al -Jaffa I sent referrals up to MnDot. I haven't heard from them. Typically what happens is 2-3 days before something appears before council I get something. Lillehaug: And we've had no response at this point? A] -Jaffa I have talked to them about this access point, probably about 2 years ago where I picked up the phone and just said help me out with a situation. And they were extremely favorable of the realignment. They thought. Lillehaug: And I'm speaking particularly about the safety issue with Hole 8 right next to the trunk highway there. I could shank some balls out into traffic. I guarantee you and I'm sure there will be, so it's a definite safety issue and concern and maybe the netting will provide some protection but I don't think we can fully protect it there. So I'm wondering if we've had response from MnDot. Al -Jaffa No I haven't. Lillehaug: Do they typically respond with a no response? I just want to be At -Jaffa No, they always send something. Lillehaug: So that's what I'm getting at is, we haven't, MnDot hasn't responded but we're expecting it. That's all I have, thanks. Sacchet: Thanks Steve. I've got a few questions too. Let's see whether I can keep us awake. The water aspect. Is a golf course like with odd/even restrictions as other places in the city? Al-Jaff.... Sacchet: You said we're okay with manufactured and we have cedar siding and not corrugated. The netting, yeah the netting. At this point we're talking about a netting along the east side of the relocated private street. We're not talking about netting on 101. Okay, can you show again just assume they know. So that would be over there, okay. Yeah, there it would definitely be needed. Planning Commission M�fing — August 19, 2003 Slagle: So we wouldn't go further? Sacchet: The way it's worded, no. It would just be down there AI -Jaffa The intent in the staff report was to just line this area. Sacchet: They'd better not have me golfing there. Four accessible parking spaces and accessible route. That is like if there will be people accompanying golfers? At first I thought hum, I'm not quite sure how somebody in a wheelchair would be golfing but maybe I don't know. Maybe it does, is done. No comment? Okay. The line up of the access with Foxford Road. Looking at the plan it seems like that would eliminate number 1 of the holes, wouldn't it? Or short, it would be a par 1, right? Alright, I'm getting tired. Lillehaug: Can I ask a question? Condition 8 is line up that road with Foxford Road or meet a minimum spacing offset of 300 feet. I'm looking at these plans and I don't think the scale's right on them and I can't scale nothing. Do we know exactly what that offset is right now from 101? Because I couldn't scale it. I don't know. Sweidan: The offset from the Foxford to the proposed access is about 150 feet. Lillehaug: How many? Sweidan: 150 feet. So they need to have 300. Center with Foxford or at least a minimum 300 feet... Sacchet: So the solution would actually to be moving it west then. Slagle: East. Sacchet: Well no, away from Foxford because... You can't go closer than that, is that you're saying Mak? Lillehaug: The spacing from 101 to the drive is 150 feet, is that what you're saying? Sweidan: I'm talking about the access for the car park at this point. Lillehaug: Yep. Sweidan: Yeah, the existing one is 150 feet so minimum it has to be either 300 or center line with Foxford. Sacchet: If it is 300, where would that roughly put it? Sweidan: It would be approximately before the end of the car park. Sacchet: Yeah if you could show us on the map that would help because that's my question. Slagle: Mak if you can, if I may Mr. Chair. Show us first 101, the distance from there to 101 and the intersection of Pioneer and 101, and then. Planning Commission Meeting —August 19, 2003 Sweidan: Yeah, this is Foxford. Okay. Sacchet: And right now it's 150 from Foxford. Sweidan: It's 150 from here to here. Sacchet: So we have to go that way. Sweidan: To go that way which is approximately this. This will give them the 300 feet. Sacchet: So it could be further west, okay. Slagle: So it will still be okay with 101 and Pioneer, okay. Sweidan: Yes. Sacchet: Thank you Mak. That helps. Lillehaug: Can I beat that one a little more? Sacchet: Yes. Lillehaug: Is Pioneer, is that a county road? Sweidan: County road, yes. Lillehaug: Have they seen this because I'm not sure if they would allow that access that close to 101, especially with the new signal going in there. Sweidan: We didn't get a reply from them yet. Lillehaug: Say that again? Sweidan: We didn't get that replay from them Sacchet: There's a couple holes there. Beaten on it enough? Lillehaug: Yep. Sacchet: The ravine dumping. Are we in our rights by putting into the condition potentially that it has to be cleaned up in this framework? Okay. So that no lighting on the course or on the range. Is there a condition already for that in there? Just want to make sure. Al-Jaff: No outdoor lighting shall be permitted. Sacchet: Number? Al -Jaffa 9 under conditional use permit. Sacchet: Our's stops at 8. Planning Commission Aing —August 19, 2003 • Feik: It only goes to 8. Al -Jaffa No, we're adding number 9. Sacchet: Adding, alright. Thank you Sharmeen. Alright Okay, and would it be appropriate or overkill to state that the watering would be under regular city restrictions, meaning the odd/even system? Al -Jaffa That would be fair. Sacchet: That'd be fair, okay. And we definitely want to be fair. Feik: I thought if you had a personal well you weren't subject to the odd/even. Sacchet: Well that's what I asked. Feik: I know. If you have a personal well you're not subject to the odd/even. Sacchet: You are or you're not? Feik: You're not. Sacchet: You're not. Feik: It has to do with the city well and the infrastructure of the water. Sacchet: So they can pull as much as they want based on the fact that's their own well. Feik: Yes. Sacchet: So we could not make that a condition. Could we make that a condition still? Slagle: Do we need to? Feik: Why would you need to? It doesn't impact the city's wells. Sacchet: It certainly impacts the city's water. I mean. Slagle: Wait til comment time. Sacchet: Okay, I'm done with my questions. Thank you for the staff report. Thank you for your questions. If we could ask the applicant to come forward and tell us your story. We are still ahnost awake. Kevin Nordby: Yeah, we'll ... My name is Kevin Nordby. I'm a golf course architect with Heffer Nordby Golf Course Architects out of Eden Prairie. The applicant, Ron Saatzer is here as well so there may be some questions that you can direct to him if I can't answer them Would you like me to first just go through the entire project and sort of familiarize you with it? Sacchet: I think they're somewhat familiar. We all read, I think we all read the report and looked at the map but if you can summarize it really concisely that would be appreciated. 0 0 Planning Commission Meeting — August 19, 2003 Kevin Nordby: Well this is. Feik: If you could put that up here we can get it on the camera and everybody else can see it. Kevin Nordby: Alright, right here? There you go. Sacchet: Excellent, thank you. Kevin Nordby: Well, Shamteen did a pretty decent job of summarizing this. I'll try to pick up a few of the loose ends and answer some of the questions. Basically this golf course is being proposed on about 45 acres. It's a I think 50 acre site. It's currently owned by Don Halla. Ron Saatzer has worked out a long term lease on this piece of property to build and operate the golf course. It's a 9 hole golf course. It's being developed or designed as a short course and that wasn't just necessitated by the site but it was a conscience decision to really build a golf course that would appeal to the average golfer and the beginning golfer, particularly kids. It's Ron's intent to develop some children's programs, introductory programs and we think the shorter course will do a better job of providing that need. Meeting that need. There's a 300 yard driving range. It's approximately 300 feet wide. So it's pretty good size. There's also a practice green and a smaller chipping green. That's probably changed a little bit from the drawings that you saw originally. We have a chipping green that's located here. The club house was located in this location previously and is now located here, so we've just moved them around a little bit to try to provide some additional services and improve the circulation with cart paths around the club house. Parking lot and maintenance facility are still in the same location. Provide the same function. We are proposing to dig a couple ponds. There will be an irrigation pond here, which has been located in a, has been put in a location on the site where there is natural drainage running through that area. Water sort of collects in this area and runs through the site and actually exits the site over here on the northwest comer. There's another pond which is being located just west of the parking lot. That's being built primarily to treat and retain water from the parking lot. The parking lot will be paved. It will have some curbing, as you can see from the staff recommendations there's some additional planting islands and so forth which will be constructed. And then there's another smaller pond at the northeast comer of the site where there is an existing culvert going under the road and again this pond is being proposed as not only a golf course feature but also to retain and treat water before it leaves the site. So we're really using natural drainage. The site is actually, we're doing very little dirt work out here. There's one small area on Hole number 1 where we're cutting down a hill so you can see the green, and we're building up the tee for the driving range and beyond that there's not a lot of dirt work. We've provided some estimates to your engineering staff already so they kind of have an idea of what we're talking about, and there is a grading plan that's been prepared so. The club house, I actually have a revised narrative which I'd like to give you because it has a couple of changes which you've already inquired about. This narrative is basically the same as the one we submitted previously, except we had some discussions with planning staff regarding the club house and the maintenance facility. You'll notice that previously we were talking about a pre - manufactured facility for the club house. That's no longer the case. We're now putting up a Lester building, similar to the photograph that Shamteen showed you previously. It's a, I guess a standard, you know what I call pole bam type facility. It will be 40 by 60, but instead of covering it with corrugated tin which is what you're seeing in the area out there, it will not be covered with a cedar siding, lap siding material such as I have here. And then it will be stained with a semi- transparent stain. The roof material will be asphalt type shingles and again we believe that we've met the city's requirements as far as transparency. Club house will be located again in this location, so it really has only one fagade that's facing the street and that would be Pioneer Trail to Planning Commission M•ng —August 19, 2003 • the north. It will be probably somewhere in the neighborhood of 250 feet from the road and there's a large berm and landscaping and a parking lot inbetween that so it's actually quite well screened. We'll be landscaping 2 sides of it. We'll have a patio on the south side of it, and then we'll have the doors and windows that you see in this photograph on the north side. As far as the maintenance facility, again we're going to use a Lester type pole barn facility. That again will have cedar siding and asphalt shingles. And that will look similar to this. This building is what I would call a typical pole barn, Lester type building. Again this will be cedar sided. We'll have some additional windows and we'll again meet your requirements as far as transparency and so forth. So we've got that of that facility. Have an overhead door. A service door. Some windows. And again we'll be, there's the end view which faces Pioneer Trail so again windows and then landscaping as well. So we're trying to provide some separation between the number one tee and the maintenance facility and then there will be landscaping and trees around that as well. There was some question about wells and water, how that will be handled. We do have to, as a golf course, apply to the Minnesota, State of Minnesota MPCA and Department of Natural Resources for a permit so they will review this before we can actually sink a well which is capable of irrigating a golf course. We anticipate having a pump station which will pump somewhere in the neighborhood of 150 to 200,000 gallons a day. That will be a deep well. It will be a different aquifer most likely than the neighboring residents, but again the State will review that and typically that is a different aquifer. It's much deeper than the aquifer. The 80 foot aquifer or 100 foot aquifer that homeowners are in. Papke: So how deep is deep? Kevin Nordby: Well it could be 300 feet. I don't know. We haven't looked at that yet Papke: Because my house is located not too far away and it's a 300 foot deep well. Kevin Nordby: Again we have to apply and it will be something that the State will review so I'm just saying there are courses we've done where people have been on 80 foot wells, and we're down 500 feet or 300 feet. But believe me they won't approve this if they think we're in jeopardy of drying up wells so. And we'll want to make sure that's the case before we get too far into this project so we'll need to secure those permits and I'm sure the City will be involved in that process. And there will be a second well, which will be more on a residential scale that will be used to just provide potable water for the golf course club house, and again we'll have to make application for that. That will be treated for drinking water so. So the irrigation pond, well basically we'll pump into the pond during the daylight hours to recharge that and since it is in the drainage pattern, natural drainage pattern there, we've also designed it so it collects the water on the site. And then during the evening hours we would irrigate the golf course. It is our intent, as every other golf course in the state to water every day. We can't water every other day. We can in times of severe hardship maybe look at minimizing water periods in the rough or on the fairways, but the greens and the tees would need to be water every day and so our application would take that into account. We'll have to estimate the number of gallons and the frequency and the State will review that. And we'll have to get a permit for that. There was a question or a comment about the bluff path, the cart path that we've got back on Hole number 3. And we did meet with Lori Haak out at the site and talked specifically about the path within that 20 foot setback and Sharmeen, I believe you were there but I think your comment was maybe contradictory to what we discussed. We can confirm this but our question was, can we have a cart path in that bluff impact zone and she said if you're not moving dirt and if you don't affect the water retention of that pond that was dug previously, we would allow that. And we said will would you prefer that that be wood chips or gravel and she said actually we would prefer that that'd be paved and that you drain it back towards the pond, not towards the bluff. That way we Planning Commission M'e It — August 19, 2003 • minimize any potential of erosion or deterioration or carts digging up the cart path and then having that erode into the bluff, so it would be very difficult for us to relocate that particular path because we're not doing any grading. It's a par 3. It would be very difficult for us to relocate that path somewhere else. We're sort of landlocked between a pond and a bluff. And we've actually taken some survey shots out there, as she directed us to do, and she wants engineering staff to review that to make sure we're not impacting that as we build that. So our hope would be to not relocate that as I think might have been suggested a minute ago. So. Let's see here. We are I guess okay, I think we sort of found out about this tonight but the bike path connection at the northwest end of the site. We're in agreement with that. We're fine with providing that. As far as the entrance to the parking lot, I guess I was under the impression that we didn't have to line up the parking lot with a road. We're not building a new road, we're building a parking lot. Is that a standard requirement to line a parking lot up with a road? Sweidan: Yes. The access is considered like you know, similar to that access to the southeast access. We prefer it be center line. If not you have to reach with a center a minimum of 300. Kevin Nordby: Okay, so again my question is, a parking lot needs to be aligned with a road. It's not just a road needs to be aligned with a road? Sweidan: The access. Not just the parking lot, you know. The access, yes. Kevin Nordby: Okay. Okay. Okay, so your suggestion is to move that so that it's another 150 or a total of 300 feet offset from Foxford and then confirm that our distance is adequate from Pioneer Trail. Or excuse me, from 101, is that correct? Sweidan: Yes Kevin Nordby: Alright, we'll confirm that prior to City Council I guess. As far as accessibility, you were talking I think about... Sacchet: Yeah, that surprised me. Kevin Nordby: Yeah, golf courses are a bit unique. Just in the last few years we've been seeing more emphasis on how to make golf courses handicap accessible and I forget off hand the exact number of tees, but I believe it's one-third of the tees need to be accessible. That is you can't have retaining walls completely surrounding or steps accessing the tees. You need to be able to drive, if you've seen the accessible golf carts that are available now on the market, so basically we're avoiding any steep inclines. We're avoiding retaining walls and steps and that sort of thing which we haven't got any of those proposed here so. Sacchet: Consistent throughout. Kevin Nordby: So this would be as accessible as, more so than the other courses in Chanhassen. And then there was some discussion or questions about fertilizing and how we go about testing. I think what staff has suggested is that on other golf courses they require annual soil test to determine the amount of primarily phosphorus, but I'm assuming also nitrogen and maybe potassium as well. Maybe heavy metals but what that will do will tell us whether we should be applying more or less phosphorus in our fertilizer applications, and so it's a means of monitoring how much fertilizer you need to put down in order to keep the grass green and healthy. The other thing I should point out here is that the superintendent here will need to be a licensed fertilizer and pesticide applicator, and so unlike most residential homeowners who fertilize based on what 0 0 Planning Commission Meeting — August 19, 2003 they think is correct, we'll actually have somebody here who is fertilizing based on very specific quantities, particularly tees and greens are very finicky about how much fertilizer we put on them so there will be a regular fertilizer program and most superintendents will tell you that putting on small amounts of fertilizer frequently is much better than putting on large amounts and therefore less susceptible to erosion and runoff from large rains and so forth. So we will have a licensed applicator doing that work. There was a question regarding Hole number 8, specifically the par 4. We've designed this golf course obviously with the amount of traffic, I actually live in Chaska. I lived in Chanhassen for 9 years so I'm very familiar with this, and I too sit in traffic every morning on that intersection so I'm aware of the congestion issue. But we've laid out this course so that there's about 180 to 220 feet of separation and in the case of Hole number 8, there are a number of large existing trees. As a matter of fact I think the largest trees on the site are left of Hole number 8, and we intend to save most of those trees. Now if you've driven by recently you've seen that there's been a lot of trees moved around and a few trees cut down. I think I just talked to Ron and he says they've moved about 75 trees on site, and they've got a very aggressive or extensive program of watering those trees before they move them and watering them after they've been moved so most of the trees that have been moved so far are on the south side of the property, towards the end of the driving range, but they're basically pulling them out of the middle of the site and putting them in per this buffer yard plan that was submitted to you. In the case of number 8, we've got quite a few trees proposed there in addition to the large trees that are there. Those are primarily ash, oak and linden. We're also going to be adding some evergreens and some more overstory trees so. Sacchet: Just to clarify, are you saying that the trees will prevent balls from flying into the cars? Kevin Nordby: The trees will help prevent balls flying in there. Flying into the road but we think that given the distance from the road, we're about 200 feet from the right-of-way, and then you've got another probably 20 feet or so to the paved road. It's on the left side which is generally the hook side, unless you're a left hander, so fear is generally more concerned about the low hook, and therefore we're providing evergreens and there's a lot of amber maple shrubs out there that are 12 or 15 feet tall already. Sacchet: Assuming more people are right handed. Kevin Nordby: Assuming more people are right handed than left. Now you still have a left hander who gets a high fade and that will you know be a concern but again you're 200 feet off line, which is a relatively safe distance. It's always surprising where people can hit golf balls to but in this case we've got the point that is furthest from the road where we expect most people's drives to end up. So if you look at the area where the red X is here, and the number 8. That's an area that's about 250 feet, excuse me, 250 yards out from the tee. So the person who would hit a ball 200 feet left would be generally be hitting a ball 220 to 240 yards. Sacchet: Are you sure it's 200? It doesn't look like 200 if this is to scale. It looks more like 100 to 150. Kevin Nordby: It should be. This should be a scale of 1 inch to 100, and you should, it's close to 2 inches to the edge of the pavement there. Feik: Can I ask a question? Kevin Nordby: Yep. Planning Commission J ing —August 19, 2003 • Feik: You know there's a number of golf courses who have similar conditions. You know Brookview's got a number of them over there. Lakeview's got a couple of them Deer Run's got one or two. Can you give me an example of maybe a course that we might be familiar with that would have similar proximity just for. Kevin Nordby: Well we're actually the architects on Deer Run, and we recently did some work out there where we didn't bring in a lot of trees but we did some mounding and shaping and their Hole number 10 would be similar. Feik: Yes. The elevated... Kevin Nordby: Longer par 4. Right, a much longer par 4 than this one but you know if I were to guess I would say that that's probably 200 feet left to the pavement there, so that would be a similar situation. Feik: And 2 would be down by the marsh area at the bottom? Kevin Nordby: It'd be about where the sand trap is. I'm talking number 10. Feik: Right. Kevin Nordby: So you'd be heading straight south. The sand trap there. Sand trap on the left, and I don't have any trees on the left so it's wide open to the road, if you're familiar with that. Feik: Yes. Kevin Nordby: So that would be, I'm guessing that's similar. Ron Saatzer: Why don't you give an example of Bear Path by Pioneer. I think that's a lot closer Kevin Nordby: Yeah. Bear Path, if you're familiar with that is much closer to the road than this. They have a lot of trees so it's probably a better analogy but. Papke: Are they below Pioneer Trail as well. Aren't they sunk down a bit? Kevin Nordby: Yeah, lower a bit. Feik: Okay, thanks. Kevin Nordby: And this would be lower as well. I mean we're concaving this fairway a little bit and again taking advantage of existing trees that are bigger than the trees at Bear Path and moving additional trees in here so anyhow, we don't believe that this will be a problem And again as far as number 9, again we're sort of aiming away from the road and so we don't feel that that's a problem either. I think the one item that we would like to bring to your attention that maybe hasn't been mentioned yet, or hasn't been discussed extensively is this realignment of this driveway. We have, we were asked by staff to consider helping them resolve that driveway issue there and we came up with this sketch or this plan which shows the entrance being moved about 300 feet to the north. We're feeling like we're kind of getting ourself in the middle of something that isn't necessarily part of this project. The driveway services houses to the south. The driveway is not on the land that Mr. Saatzer will be leasing, and if we can help we would like to help but there are issues such as easements across the property that we're not sure the owner is 0 0 Planning Commission Meeting —August 19, 2003 going to want to grant. There's been some discussion about selling the land to the city or Mr. Saatzer in order to provide that road and to be quite honest we would just as soon not attach that issue to approval of this project. If we can help and if that issue can be resolved between the landowners and the city, I think we'd be willing to partake in the construction of that road. I'm not sure how the neighboring landowners feel but if there are some of those people here, maybe they can comment on that, whether it's a problem or not. Sacchet: Can you clarify a little bit what you're actually saying? Kevin Nordby: Well, there's an existing driveway which enters on 101 and the city planning staff believes that that's an unsafe condition or they would like to see it improved. Sight lines improved. We said you know we could move that entrance down to this location, which would improve site lines, but since we don't own the property, Mr. Saatzer doesn't own the property, he can't grant the easement and the owner has said I'm not going to grant an easement, but I might sell the property or otherwise work with the city so we'd like the road issue to not be a condition of approval here, but we're willing to continue in the discussions if the city can come to terms with Mr. Halla or if the homeowners feel it's not important, maybe it doesn't have to be addressed at this time. So we're hoping that. Ron Saatzer: There's options of trimming back trees ... to work on sight lines so that is an option. Kevin Nordby: So we showed it I guess basically as an option to be considered if there was a means of resolving that. Sacchet: Have alternatives been considered by staff or this is a new idea? Al-Jaff: We discussed this today. This afternoon actually. No, we haven't looked at other alternatives. Sacchet: Okay, thank you. Do you want to add anything else? We may still have a few questions for you and I want to try to move it ahead a little bit because we have people here that want to comment about this still. Kevin Nordby: I don't know that I have anything else. Yeah, the current owner, we discussed this a little bit already but the current owner at one time, 10 years ago as I understand was dumping. They stopped dumping. They cleaned up the problem. During the course of this review it was determined that sometime recently they started dumping again. Ron Saatzer has a lease with Mr. Halla, as I understand it, that doesn't include the area where the dumping is. It doesn't include the bluff area. Ron Saatzer. Approximately 5 acres of the portion of the land. His portion and I can't control what he does on his land. My portion in my lease is what I have... Sacchet: I think we understand that part. Kevin Nordby: Our concern is if we move ahead with this project and. Sacchet: I understand you don't want to be held captive to this, yes. Ron Saatzer: This is about 3, almost a 3 year project for myself so I've been in long term negotiations on this so I just want you guys to know I'm not here to lose on something that I'm in 0 0 Planning Commission Meeting —August 19, 2003 favor of but you know I'm not the whistle blower per se. I kind of get stuck in the middle here... that's your deal and this is my portion over here and what you do over there, or don't do is your responsibility. Not my responsibility and I don't like to be held responsible for it... Sacchet: Understand. Yeah, I think nobody is indicating that you would be responsible for that. Kevin Nordby: We're hoping we can somehow separate that issue again like the road issue from this issue and deal with the land owner rather than the individual. Ron Saatzer: And I am trying to do, Sharmeen knows very well that I've spent ... hours of my time trying to help this situation for the city's sake so, just to let you know that. Sacchet: Thank you very much. Ron Saatzer: And in regards to the environmentally pesticide. Sacchet: Do you want to come up to the microphone please? Yeah, please. Ron Saatzer: In regards to environmentally I've, moving trees and stuff like they said earlier that I have transplanted a lot of trees and I have been out there in the heat of the days and watering these trees and doing the best job that I can in keeping them alive. Tilling the soils was an option of mine on my time. I had the option to put Roundup on there and kill the grass and I chose not to, to keep things organically involved with the soils and stuff so I'm very conscientious about that ... and all that. Sacchet: Appreciate that. Thank you. Questions from the applicant. You did an excellent job covering the issues we brought up in our questions to staff. Are there some questions Rich, do you want to add one? Slagle: You know I'm thinking that I'll wait and let the folks speak. Sacchet: Okay, Bethany. Tjornhom: I agree with Rich. Sacchet: Any questions from the applicant? Feik: Nothing for the applicant, thanks. Sacchet: Yeah, I think that you covered it very well. So this is a public hearing. I would like to invite anybody who wants to comment to this proposal to come forward. Say your name and address and let us hear what you have to say. Sharon Gatto: Sharon Gatto, 9631 Foxford, and I'm right across from this. I'm in favor of this that a high density or medium density. Couple questions. There is a snowmobile path right there adjacent. Will it be, will that be disturbed at all? Sacchet: Do we know? Feik: Is the path on private property or is it in the. Planning Commission Ang — August 19, 2003 • Sharon Gatto: No, it's on the, I mean that's the snowmobile path. I have a walking path on my side which is the north side. Lillehaug: That snowmobile trail, that should be in MnDot right-of-way. Sharon Gatto: Because it will be probably crossing your interest I'm assuming. Kevin Nordby: I wasn't aware there was one there. Ron Saatzer: It's a designated trail? Sacchet: If it's in the right-of-way. Sharon Gatto: I just wanted to make everybody aware that's there. I don't have a snowmobile but in case somebody ... it could. Sacchet: Who's our snowmobile expert? Steve, if they're in the right -0f --way so crossing other driveways. Sharon Gatto: I mean not that you're golfing during that time but I didn't know if it's going to... Ron Saatzer: No golf course wants snowmobiles on their golf course so if anybody, if it gets approved and... Sacchet: Yeah, they have to stay in the right-of-way. Kevin Nordby: I think generally what we'll do is, and this is up to Ron but we would fence, put a snow fence, temporary snow fence so they're not up on the greens and the fairways, but if it's in the right-of-way I can't see. Sharon Gatto: And I didn't know if there was going to be a fence. Sacchet: At this time there's no plan for a fence. Sharon Gatto: Okay. I'm confused on the entrance, because I'm on the Foxford entrance so engineer wise, is it better for traffic to have two entrances right across from each other or to stagger them? I mean I'm not an engineer. I just know traffic is bad. Sweidan: Yes, it's either like center line ... so it can be like a direct observant to the front, instead of being away like 100 feet, 150 feet so you keep taking right and left to go. Sharon Gatto: So it's easier to have them right across from each other? Sweidan: Yes. Or at least like 300 or somehow where they could get... Sharon Gatto: Either right there or further away. Sacchet: Yep. Sharon Gatto: Okay. And right now, Sharmeen what was it? Where is it supposed to be? 0 0 Planning Commission Meeting —August 19, 2003 Al-Jaff: As proposed today they're showing 150. Sharon Gatto: Closer to 101 from Foxford or more east? A]-Jaff: Currently, here is Foxford Road. This is 150 so what they need to do is move it so it maintains 300 or realign it... Sharon Gatto: Okay. And I can't see a lot in the summer, Pioneer anyway, but I was just wondering if you're driving down Pioneer and then you're going to see the maintenance building right, as well as the club house and the parking? So all that is more towards the Pioneer side? Kevin Nordby: You'll probably be able to see them but again the club house is 200 or 250 feet away. The maintenance facility, there will be a 30 foot exposure facing Pioneer Trail. With trees, a tee, more trees between you and so, I'm going to say you won't see it but. Sharon Gatto: Will you see, I mean a lot of cars then too or is that more or less buffered. Kevin Nordby: ...berm and landscaping. That berm is there. It may have to be reduced slightly in order to fit the parking lot in but there will be a pretty good berm and landscaping there so it will cover it. Sharon Gatto: Like I said in the summer I can see but... Kevin Nordby: Well it would be a much better buffer then you would see at Byerly's or K -Mark or something like that. We've got quite a distance there. Sharon Gatto: Okay, thank you. Sacchet: Thank you very much. Please come forward. State your name and address for the record. We'll listen to what you have to say. Boyd Peterson: Okay, the name's Boyd Peterson. I'm at 9860 Pioneer Circle. I could almost refer to me as the encyclopedia of this area. My uncle bought the property in '79. My dad bought it from him in '82. I've lived there since '87. The snowmobile issue, I'm currently the trail coordinator with the Chanhassen Snowmobile Club. All the signs are at my house. We're on the east side of this proposed golf course. We do have a trail that runs on the road ditch, which 95 percent of our trails are on road ditches. So the concern with snowmobiles is, we take care of them and we keep people off where they're not supposed to be the best we can. So that cleans up that. I think this is an area that's got a lot of problems and a lot of problems have been created in the past, and I think this is a perfect opportunity to clean up a lot of problems. As far as the gully issue, witnessed a lot of stuff put into that gully. Most of it, probably 90 percent of it has been dirt, trees, just natural landscape stuff. Stuff that probably isn't going to hurt nothing in the end. But it has been moved over from where the city told him he couldn't dump it. Now it's on the other side. Whatever, but there is some issues. There's a large dirt mound that was brought over on my side of my property on that west side. I think it's a perfect opportunity to do the proper thing with that dirt pile, other than a temporary holding site, which the city was granted that Halla development 5 years ago to do something with it. So now we've got a lot of dirt that we can use to fix the bluff. You know just do it right. Let people fix it and then be done with it and then create the trail along. As far as the drainage ponds that were dug, the pond that's existing out there was the start of the bluff. There was a dam that was built across it to dam it up. It was never dredged. It was just blocked off with debris and dirt. The pond which is down by Planning Commission ling — August 19, 2003 • the Pioneer Trail, that was a County problem. There never used to be any kind of a settling of wetlands there. That naturally went all the way down to the pond behind the old farmstead that's down there which is a pond, but unfortunately the culvert was put in 3 feet too high by the County after the road was realigned so that's why there's no wetland. I think this is a good opportunity for them to create a pond to control the drainage so I think this is just a win/win thing, but as far as me being on the east side, we're very excited about this. One thing we don't want is a net put up on our side. I've got a natural border as it is of trees and Ron and his crew and that have been doing, moving some trees over on my side and we're taking personal responsibility to make sure them trees live and we're watering them ourselves so there's some issues that are in front of us that I think is a great opportunity for me as a landowner to get them fixed finally and with Sharmeen and her staff, which I have a lot of confidence in, as well as Ron and his professional people, I think this is a proper thing to do with this area. Thank you. Sacchet: Thank you very much. Who else would want to comment on this? Please come forward. State your name and address for the record. Jeff Sorum: My name is Jeff Sorum. I live at 9900 Deerbrook Drive. Our property would be on the east side of the proposed golf course, just to the north of my predecessor, Mr. Peterson. Or actually to the south side, excuse me, of Mr. Peterson's property. If I'm looking at the map right, our house will overlook the, this would be the tees to the number 3 hole. To give you a perspective on the map of where our property's at. The question I'd have for the developer is on the property line that runs between Mr. Peterson's property and my property and the proposed golf course, what would be the terrain of the land? Are we talking nets? Are we talking fences? Or what are we talking about. Kevin Nordby: In the wetland area? Jeff Sorum: Yeah. Kevin Nordby: Let me quickly address here. The actual topography really won't change. Again the golf course is being developed almost right on grade. There's a large berm there. Do you own the big pole barn? Jeff Sonrm: No. That would be Mr. Peterson's Kevin Nordby: Okay. So we've got some additional plantings that Mr. Peterson indicated are quite a nice natural buffer there, but we're supplementing that. These trees are actually right in front of that pole barn, so we're trying to block that. Provide some additional buffer. The berm would remain, the large amount of dirt would remain. We're not proposing any nets. Number 2 actually aims away from the property line again on the hook side roughly 200 feet away. So we don't really anticipate the need for nets. It's a short hole. It should be pretty much as you see it. Jeff Sorum: Okay. So just so I'm clear on one point, with the exception of the single strand barbwire fence, the difference between my property and the Halla property, there'd be no physical structure that would be a barrier from my viewpoint? Kevin Nordby: That's correct. Jeff Sorum: Okay. A couple points that were brought up. One of the traffic that's on Pioneer Trail. I mean I can attest at Deerbrook Drive, which you could extend this map out twice as far to the entrance on our thing. I've seen traffic back up to that easily several times so I'm not sure if 0 0 Planning Commission Meeting —August 19, 2003 placement of the club house is the most optimal given the situation. Something to seriously consider. And the other point that's probably the overwhelming concern, as much as I want to have a golf course next door to me, I'd love to have all the free balls that shag over but, the entire Deerbrook neighborhood is all well and septic system and we do not have, as I understand from the city, any time soon any water city or sewer coming our way. And what would be the implications to the city if even given the state approves that this water well that they would put in would be adequate, if our wells go dry? I mean we'd be stuck. I'd be interested to know what would be the, what would the city do to rectify that? Sacchet: Can we address that at all? Kevin Nordby: It's my belief, and we haven't confirmed this. We'd need verification on this. It's my belief that this permit is reviewed periodically by the State and actually there is some monitoring of adjacent wells when they construct the well to see if there's any draw down or any impact on surrounding wells, even if it's a deeper aquifer. So my belief is that they would actually reduce the pumping requirements for the golf course, for our permit. If there was going to be some... Jeff Sorum: Okay, and the reason why I ask that is you had mentioned earlier that your well would be sunk to a level of 300 feet possibly. Most of the wells, at least I can speak to my own self and I know my neighbor next door, our wells are 325 feet so they are quite deep to get to adequate water. Kevin Nordby: I was guessing at 300. I mean it could be 600. The last one we did was 300, but everybody's wells were at 80. We did one recently at 900 so it really depends on where you are and how deep the aquifer is and what kind of capacity we need. The nice thing about this project is it's not a particularly large golf course. It actually takes a pump station that's probably only one-third the size of the one I just mentioned here so much smaller aquifer. Much less water. And we are being able to capture surface drainage so that pond will be fed naturally by surface water as well. Jeff Sorum: So will you irrigate out of the surface ponds? Is that the intent? Kevin Nordby: Yeah. We're pumping from the well into this pond as we need to to replenish it. Sacchet: Do you want to add something to this Sharmeen? AI -Jaffa Well I'll make sure that this issue is also addressed before it appears before the City Council. I will work with the plumbing inspector. Sacchet: Okay, thank you. Jeff Sorum: And just one last quick note. I work for Buffalo Wild Wings at the corporate headquarters and so unless you know something I don't, we do open on Monday. Feik: I was at the restaurant next door, Chipotie and the contractors were there and they said Tuesday, so. Jeff Sorum: Maybe you do know something. 0 0 Planning Cormnission Meeting — August 19, 2003 Sacchet: Alright, thank you. Who else would like to speak to this item? Please come forward at this time. State your name and address for the record. Let us know what you have to say. Tom Gertz: Good evening. My name is Tom Gertz. I live at 10001 Great Plains Boulevard. I have the, if I can point out on this site map. I have the distinction of being probably the closest property to this project right here. Couple of issues that I have, and I have spoke with the applicant Ron regarding some of these and he's been very responsive to some of my concerns but I'd like to state some of these for the record. One being again Hole number ... as well as some of my neighbors. This, I have a concern with these tee boxes here and anyone who's got the low hook, and that was described earlier. I consider that a hazard as we try to enter our home. Ron did say that they would consider moving this tee out in this fashion so the alignment would reduce that hazard, and perhaps the engineer from the golfing, or from the developer could address that a little bit because I haven't actually seen that change or know that it's actually been entered and/or if it's actually a condition for the development and approval. So, and along that also, a barrier, this looks somewhat conspicuously lacking trees, but there's actually more there than are on this diagram but of those, I know that between the city and the developer there's been a proposal and a requirement and those two don't meet regarding the southern property line. I would just ask that the applicant comply with the requirement from the city so that there can be enough shrubbery and trees to create enough of a barrier because I know there's no fence proposed, that there would be enough barrier to try to at least keep the public from entering my property. My property line does run the other side of the road so I'm directly adjacent to hole number 7 and as currently planned that green is very close. And I'm not much of a golfer but I could hook all day long into my front yard from that position so. Sacchet: So you're saying that with the proposed landscaping you'd be okay, as long as it gets implemented the way? Tom Gertz: Hole number 7? Sacchet: Yes. Tom Gertz: Yes. If 7 is swept northward, the green so the alignment of the. Sacchet: So they shoot away from your house. Tom Gertz: Yes, I would prefer that. Kevin Nordby: If I could address that. Sacchet: Yeah, let him finish and then you can address it quickly. Tom Gertz: ...just so I can have some, I mean obviously there's going to be errand balls that end up on my property. There's no doubt. It just happens. I don't have an issue with that. I think the overall proposal is a good one. So I'm not trying to be perfect here. I'm just trying to keep it from actually being a hazard where they're constantly coming my way. And I'd rather remedy it now with the reorientation of this hole rather than ending up with a big net a year from now. I'd prefer not to stare out my front window at that. Two, going to the road entrance, I don't always support this entrance. One it lines me up with, or my family with three tee boxes and a whole lot of people driving golf balls, which is going to occur from dawn to dusk. Even with a net, that's pretty tight proximities. The road currently is over here and that really, currently we access our properties, it really reduces that hazard. It really minimizes it. I might, it might be a good idea 0 0 Planning Commission Meeting —August 19, 2003 where this currently could be just brought up perhaps another 50 feet so that cars coming out can get further to the north and that would allow increased sight line to the south at that bend. Give us a little bit more room to maneuver to align a car if it needs to go south or left on 101 or Great Plains Boulevard, one and the same. Slagle: I have a question, how many cars are we talking? Tom Gertz: There's four private residences on this private dirt road. Slagle: Okay. Tom Gertz: Another small issue, speaking of beer. This also right in front of my home is probably the furthest point from the club house, and you know where this is going, and if you're at hole 7 and 8 and you've been totting around beer, which is fine. I don't object to someone having a beer and going golfing. I don't really want to look out my front window either, and I don't know that it's even proposed. I didn't see it addressed but I really don't want to see banging Satellite doors right across the street from me so I don't know if that's even in the proposal but. Slagle: Boy it could have been worse. Tom Gertz: Speaking of bio breaks so those are my issues at hand. The well issue. I'll have to see what my well is at currently it recovers just fine. It may be a deep one but I don't know so. That's it. Sacchet: Thank you very much. You want to address this aspect of possibly redirecting this Hole 7 a bit. Kevin Nordby: The low hook on number 7. We have actually realigned that hole since Mr. Getz is it? Tom Gertz: Gertz Kevin Nordby: Gertz. We've actually, this point only represents proposed trees. There's a lot of existing trees out here and what we found, once we cleared the center line of that hole was that there was a large group of vegetation right in this area here so we've moved that tee over now, plus the green ... closer to the tee so it's a little bit shorter hole now. And that's allowed us to save an area probably 40 feet wide with some 60 foot trees. 50 foot trees in there. So if you go out there now you'll see the clearing. I mean you can probably stand there. You can see the stakes where we've been kind of dealing with some of those issues. Feik: What plan is that reflected on? Kevin Nordby: It's not. And the sort of adjustments that we're talking about where we move a tee over 10 or 20 feet or a green over 10 or 20 feet, that's the sort of thing we do on almost every golf project because when we get out there we find that there are trees we want to save or features we want to preserve so it's likely that will occur in other locations here as well. Feik: If I might, when, because as part of our deal here we specifically are tasked to approve this plan dated July the 181h, which you're telling me is dated. a • Planning Commission Meeting — August 19, 2003 Kevin Nordby: Right. Feik: Is it reasonable at this point, given the number of changes to be looking at a new plan? Kevin Nordby: Well I would say that we probably want to use this plan, which is the most current plan which is dated August 15'", and it has just very minor changes such as I described earlier where we added a chipping green and moved the club house to the left. And then we made a couple of adjustments where Lori Haak and Sharmeen and I talked about preserving trees along the bluff line and so these are, I would liken these to changing the color of the shingles of your house or changing the configuration of a deck. You're shaking your head no so you don't agree. Feik: Has the staff reviewed this plan adequately? Because if they haven't. Al-Jaff: Adequately, no. Feik: Then we're stuck You either got a July 18d' plan or see you in a couple weeks. Kevin Nordby: Well, we did discuss, Sharmeen and I these sort of minor adjustments and she suggested that as an alternative in the interest of saving trees, another location down here there's a group of trees by the pond on number 1 we wanted to save and I said do we just not save them and go with this plan or is there some way to reflect this upon completion that we've made these changes and to work with staff. This is not like building a Byerly's or an Applebee's where it has to be exactly that because you've only got a third of an acre site and 213 of it's parking lot. Sacchet: We're not quite there yet Bruce. We're still in the hearing so we might want to hold that thought. Kevin Nordby: We would like some latitude to make adjustments to save trees and work with staff to do that and if that means upon completion documenting those changes, these are not, I would consider something like turning a par 4 into a par 3 and vice versa significant but we haven't changed the amount of parking or the length of the golf course. Sacchet: Well let's not get into that now. We're in the public hearing okay. Kevin Nordby: Alright. So there was also a discussion, the lack of vegetation on number 7 I guess. I think I just addressed that. We would also probably agree with Mr. Gertz on some shorter realignment of that entry drive and I probably can't comment on the Satellite door so. Sacchet: Okay, thank you. Now this is still open this public hearing. Is anybody else want to come forward and comment on this? Yeah, there's still some people. Please state your name and address for the record. Dave Walstad: My name is Dave Walstad. I live at 10071 Great Plains Boulevard. Basically right here at the end of the practice range and so that's my property. First of all, thanks for staying up. Appreciate it. Try to make it interesting. Right now we have, I have my family here and we also have a small pole bam on it with 2 horses so the horse issue is one of the things I want to talk about today, but just to give some background on where I'm coming from. One thing with the gravel street here, it does service four properties and I've lived here for 5 years. I don't recall there being an accident on this corner. Part of it is because yes, you do have a problem seeing to the left. However that's such a sharp curve that speeds are generally so slow around that comer you're able to adjust that. Now that's from personal experience. I have two teenage 0 0 Planning Commission Meeting —August 19, 2003 daughters who are learning to drive. That's your warning but it is an issue. However I'm in agreement with Tom Gertz that I don't know if it needs to be realigned to the extent that it needs to go this far over to the north. I understand where you're talking about left hand turns facing each other and it being a desirable thing. But I believe there could be something else worked out as well. Another issue I have I guess is, Tom mentioned his house being here ... but this is also the private street for the three of us beyond that house and we're concerned about that as well. As far as a couple other questions that I would have yet. It was mentioned that it'd be seasonal operation. I'm assuming that means that there's no winter use then. Is that correct? No, I didn't mean that, I mean you could throw in a skating rink or something like that. Ron Saatzer: No. If you'd like to see something like that I could pose that to Sharmeen but there's nothing in this area to service anybody so, a skating rink so. I don't know. I mean that's something we'd have to bring to the Planning Commission at a later date. I'm an old pro hockey player so I'd love to see a rink over there to be used but I don't know. Dave Walstad: Okay. One of the uses I was going to mention is on the trees here, and I do appreciate, Ron you've done quite a lot of work and I do appreciate you being so concerned with the neighbors. That is really important. Right now there are a lot of trees that have been put in here already. I believe that a 300 foot driving range should be adequate, but the ground does slope downward and I believe the plan calls for a row of like lilacs and things like that to be planted along, and I think one of the issues that we have, and I believe it's on page 3 of the maps that you were given where it shows the number of trees that were put in, that there was a trade-off between the shrubs and the understory trees. And I guess to me an understory tree would be the spruce tree, the type of trees you've put in already. One thing with those, they do provide basically year round protection, visible protection. Deciduous trees are fine. Shrubs are fine but they have no leaves in the spring and none in the fall. And you do get limited protection from that so as far as the tradeoff between the lilac shrubs and the trees, maybe that's something we could talk about too but I just wanted that brought up. I know Sharmeen recommended at least 10 more and I'm just kind of concerned, it depends on where they're placed obviously. I'm just speaking for my own purposes but that is a concern of mine. Another question I would have is, we talked about that row of lilacs. What size are we talking? Do we know? Kevin Nordby: I think they were proposed at a 3 or 4 foot height. I don't know. The city has minimum requirements I believe so. Al -Jaffa 2 feet is under, is what the ordinance requires. Dave Walstad: But if you're offering 3 or 4, we'll take it. Kevin Nordby: I think what we were, you've got the plan. Whatever's on the plan but I think what we offered was 250 shrubs instead of 83. And those would be a continuous lilac hedge to cut down on noise and visual impacts. I think Shamteen's only comment was add 10 more understory trees and I believe what you're asking for as well. Dave Walstad: I guess my concern is I don't want a trade off a 20 foot tree for a 2 foot shrub and it takes a while for the lilacs to grow so that's all. Sacchet: Okay. Dave Walstad: As far as the surface water drainage, and I'm not an expert on this at all. I do have some contour lines on the map but my property here is quite a bit lower actually than the Planning Commission Aing — August 19, 2003 • golf course to the north, about 20 feet lower, and so I will have runoff issues. I have had in the past. Actually a year ago Mark Halla put a lot of gravel on the road which we appreciated, and it did help that but there is still a dip in the road, if you've been out there. There's a designed dip in the road instead of a culvert which allows water to run from the north to the south across that, just west of my property and then it is a natural flowage into my area. That's the way it's been and I understand that's the way it is. However with horses grazing and things like that I guess I want to understand what pesticides and things would be used so they would not be a toxic issue with the horses there. I don't know if that's really addressed by the, I know they talk about the soil tests and everything else, but I believe that's just for fertilizer for runoff for fertilizer and algae blooms and things like that. I don't think it really addresses the other kind of concerns that I have. I guess I don't know how else to express that. I guess I'm kind of concerned. I don't want anything running off. I understand leeching is not going to be a problem obviously through the soil but just the normal rain runoff. I guess the safety issue for me is also my responsibility with horses there. That's probably going to be an attractive nuisance for kids and just across a private gravel road with a couple shrubs in the way, it's going to be awful tempting sometimes and I will have obviously a fence up and things like that but I am kind of concerned if we're not home, the liability issues of having either the horses get out or the kids come across and I don't think there's much that can be done about that other than just being aware that that can be a problem. And I'm not sure about employees or whoever follows them around or whatever, what kind of crew they have on hand that monitors the activities of the golfers but I think someone should be there to know that those problems exist. Slagle: There's electric fence signs. Dave Walstad: Electric fence pulses once a second and you can hang onto it, it isn't going to hurt you any but again I'm not really, I'm more concerned about like Hole number 6. The design of which they're chipping right toward that gravel driveway and if they hit long, it's going to go over the road and most people want to retrieve their own ball, that type of thing so. It's not a huge deal but I just wanted you to be aware. Same with number 6 chipping over with cars driving by. The last thing I was going to ask was about the bluff line and the issue, and obviously everybody's very aware of going on out there with the deposit of materials and I think a couple things I want to make a comment on. It was asked whether it was the owner of the property that was doing that. I believe that that's separate from the business that's been doing that so if you're going to word it in your ordinance you might want to look at who owns what but. And the other thing I wanted to mention, and it doesn't show on these plans either. My driveway comes in right here and basically to the north there's a gravel access road on the nursery side that runs to the ravine. That is shown as being gone on these plans and I just wanted to know if that was accurate. Is that gravel road that starts here and runs over to the ravine, is that going to be taken out or is that part of the 5 acres that you wanted to... Ron Saatzer: Part of the 5 acres. Dave Walstad: Because I don't see that as being represented on the map. And that's all I have, thank you. Sacchet: Thank you very much. I know there's more people that want to talk about this. Please come forward and state your name and address for the record please. Gaye Guyton: Hello. My name is Gaye Guyton. I live at 10083 Great Plains Boulevard and I'm one of the people on that dirt road. I just have a couple of concerns to just reiterate first of all, Ron's done a great job of putting trees there but I still have some concerns about driving up and Planning Commission Meting — August 19, 2003 • down that gravel road. Having some air balls come because I know we've been concerned about 101 and it sounds like that's being address pretty well. But again, for those of us who are driving up and down the gravel road, that would just be a concern. The well is also a concern. Our wells there are very deep. I think between 300 and 500 feet and if you're going to be doing that, I would really like to know how deep you're going so that I won't end up with a dry well in a year or so. And then the last thing I was thinking too on this area here, if people are golfing, as balls go across or if they're just kind of wondering what's on the other side, if they would be a way to put no trespassing signs or something there so that as we're driving down that road we don't have somebody coming out in front of us or kind of coming over to check on the horses and things. I think that would be helpful and would just go pretty far in making us feel like our property is kind of off limits to the people who would be there golfing. Thank you. Sacchet: Thank you very much. Gayle Wenzlaff: Good evening. Gayle Wenzlaff, 1181 Homestead Lane. We're in the Pioneer Hills area, which is west off of Pioneer Trail from where this is going to be. Frankly I think it's a good idea just because I don't want to see the ... go in there so the one thing I'm concerned about, and I hate to belabor the point is the well system. Our personal well is down 270 feet. During dry seasons, we've been there for 19 years. During dry seasons we have not had issues but a couple of people who have been within the Pioneer Hills area have actually had their wells pumping sand and so they've had to have somebody come in and blow their wells out because the table has gone down far enough, even though that's the Jordan vein, it's evidently on a shelf that we've gone through enough bedrock at 200 and some feet and then we get down to the point where we're having to blow the sand out. If the water table drops enough I am fearful that some of my neighbors and potentially myself, because we replaced our pump the last time we blew out an awful lot of sand you know underneath that. And there was a lot of sediment build-up so you know I mean it's, I understand that they have to water and everything but as long standing residents I'm very concerned about the fact that we are actually down, or up above them. They're down below us in respect to the way the water seems to be flowing from what we understand. And so not to belabor the point but we need to take in and consider a larger area in my belief when it comes to the well system just because that is our source of water for everything so I would hate to be down below that from them, but I'm very concerned about us being up above it and the level that we're at so. If there's some way that we can take and have, you know some kind of communication to our neighborhood I would appreciate it. Thank you. Sacchet: Thank you very much. Anybody else? Kevin Nordby: If I could just comment quickly and maybe ask the question, do any of the homeowners that are commenting about the wells, do you know how many gallons per minute you're pumping? Any idea? Generally that's going to be in the 30 or 40 gallons per minute. We've done some projects where neighboring homeowners were pumping 8. We're going to be pumping probably somewhere in the neighborhood of 100 to 150, maybe 200 gallons per minute, depending again on the size of the pumps we put in and what we find for water, so if we were to tap into your vein and all you're pumping is 40 gallons a minute, we couldn't even use that vein. Not only because you're on that system and we wouldn't want to suck it dry, but we just couldn't get enough water to do what we're trying to do so we could potentially be down 700 or 800 feet, and again the well drillers and the MPGA and the DNR will tell us that. Sacchet: Okay, thank you for that comment. Anybody else wants to address the commission? This is your chance. If nobody else wants to talk about this topic I'll close the public hearing. Planning Commission MLCfmg — August 19, 2003 • Nobody else? Alright. Bring it back to commission. Commissioners, this is time for comments. Looks like you're ready Rich. Slagle: I'll start. Because I think maybe hopefully what I have to say will maybe offer a suggestion as to where we go from here. First and foremost, I think it's a wonderful project. We haven't got a chance to meet Ron many times but from what I've seen and heard I think certainly he'll apply integrity to this project, but I want to say this. As I listen to the discussion of the water, of the safety of the highways, of questions of the plans not being updated, I guess what I'm trying to get at is I think there's some things that need to be tidied up and rather than we spend half hour an hour talking about how we feel about the project, I think I would like to suggest that we table this and I'll specifically note the trail signs across Pioneer need to be noted. Where the trail goes, because the current plan does not show where it will connect to what I'll say in front of the club house. Phosphorus. Interestingly enough, I mean we read today in the papers about phosphorus and what it's doing to the water. I'm fully supportive of a golf course but I think we have to ask the question is how much are they using and sort of what happens. And it's fairly close to the Minnesota River and so forth so I think I'd like to see a little bit more effort on that. But lastly, as far as the water usage, it seems to me that a city would have more, and I don't want to be critical of the city but more processes in place that would determine what is good usage of water or not acceptable usage of water in today's world with the weather, and it would be more I think than just the Minnesota Pollution Control Agency saying yeah you can drill there and I'm not saying that you're wrong. I'm just surprised that a city wouldn't be able to say, wait 150 to 200,000 gallons a day, you know that's the equivalent of x number of households. You know it's too much or too little, I don't know but I'm just wondering if there isn't more of a process that we should have in place versus MPCA will decide. AI -Jaffa I will work very closely with the building inspection department. The plumbing inspector. Slagle: And then the last thing I wanted to add is, what happens in 10 years when the lease is up? And not so much directed at the applicant, but the owner. Are there conditions or are there covenants that say it reverts back to the current land use or is it open to whatever in 10 years? And I don't know the answer but it'd be interesting to hear your thoughts at the future meeting if we do table it. That's it. Sacchet: Thanks Rich. Bethany. Tjomhom: I think I agree with Rich. There's too many unanswered questions. I like the idea a lot. I just think it's late and there's probably more questions from all of us that could be addressed at a better time. Sacchet: Thanks Bethany. Kurt. Papke: I'm really pleased and impressed with the public support. The neighbors that have showed up here tonight. I want to thank you all for coming. It really helps us to do our job on the Planning Commission if you folks that surround these kinds of projects actually come here and express your views so I appreciate you coming tonight and it's quite obvious that the support is very positive from the neighbors around here which I think is a testament to the job that Ron has done so far. The one other issue that hasn't been talked about so far, there's been a lot of discussion about the whole water issue. The one other factor is we can't also lose sight that we have the Bluff Creek Golf Course, which is no more than a long drive, not a drive in your car but a drive with a golf ball from this golf course so that's another factor in terms of how we're Planning Commission ling — August 19, 2003 • impacting the water table and the fact that this golf course and the Bluff Creek Golf Course are surrounded by private wells. So I think the whole water issue here, and we heard this very strongly from the neighbors. I think there's enough public concern here that I think we need to make sure that we've done our homework on this one before we move forward so I agree with tabling this one for now. I think there's enough issues here. Sacchet: Thanks Kurt. Bruce Feik: Sure. I'd like to deviate a little bit here and go off to a couple more questions that I think are relevant at this time, even if we do decide to table. The fust question I've got is, on the original plat going back to '96 there was a right-of-way for 101 to shorten that curve. Al -Jaffa That has been vacated by the district court. Feik: Okay, so it has been vacated. Okay, answers that question. And then secondly I'm going to get to the sort of ... the dumping here but the conditional use permit goes with the land. Goes with the parcel, is that correct? AI -Jaffa That's correct Feik: It doesn't go with the tenant or the portion which he deems, or through business arrangements has chosen to lease. So therefore based upon that, I would think we'd be terribly remiss in not addressing in very, very forthright manner the dumping, period. I would not, I love the project by the way. My kids will love the project. I'll love the project but I would like to see that dumping solved personally as a condition before this goes on. I know from the applicant's perspective as a tenant it's not directly your problem, but sir this is our one opportunity to put some teeth into the regulatory and enforcement options we've got for the city so I would like to see that resolved. I am uncomfortable with the plan a little bit. The date of the plan. I agree we should table. I count up the number of the conditions that could be removed and I got to 7 and quit if the plan were updated. I'm not so, quite so concerned I think with some of the hooks as some of the others but I would like to see the plan updated and if the applicant is amenable to it, I would favor tabling it if, I don't know what timing is considered. How we are in the time table and things. Slagle: Well point of clarification. I mean with all respect to the applicant, I mean they don't have to agree to table it. Feik: I realize that but there's a time line involved regarding, and the excuse or not the excuse but the reason we'd have to use, if we violated the time table would be an incomplete application. Sacchet: Do we need an extension for this Sharmeen? If we table, do we need an extension or does it fall into the time? Al -Jaffa We could take additional time. Sacchet: We can take additional time? Al -Jaffa You're asking for legitimate. Ron Saatzer: Didn't you say there's not a meeting next month? Planning Commission Aing — August 19, 2003 • Al-Jaff: Actually it's September 2°d. Sacchet: There's one on September 2°d, yes. Planning Commission meeting September 2°d. Al-Jaff: Yes. Sacchet: And we do have leeway time wise, okay. Bruce. Feik: So I guess I would say, I would be amenable to tabling. On the other hand though, I really Re the project. I think it can work through and if everybody else wants to I'll sit and work through it. Sacchet: Thanks Bruce. Steve. Lillehaug: I guess I was willing to just attach conditions but I'm going to go through all the conditions that I was going to look at. If there's trees along that bluff, they should remain in place and not be cleared. I think that's part of the setback requirement is that the trees remain in place, so that would be one that I would want to clearly address. One of the residents addressed a road on the bluff. Or on the south of the property going back to the gully. Likewise I don't see that on the road so I think the survey should accurately reflect that to determine where it falls within the property lines and if it's something that needs to be addressed with this site plan. So I would like that addressed to show it accurately. The parking lot driveway entrance, I would like to take it this route. It's a County road and most counties, and I'm sure Carver County's the same way but they require an access permit from the County for that driveway so they will be delegating where that driveway goes. But in lieu of obtaining that access permit, I would like to, I would have attached a condition to line that driveway up with Foxboro, but that is something that city staff should follow up on. Ensure that an access permit is obtained from the County. Testing, I think we need to be more specific on what testing needs to be included in the soils testing because the applicant did indicate heavy metal testing, and that may be out of the scope of what would be anticipated so I think we really need to narrow down what we need to test for. I think we need to notify, I want to say something contrary to what Rich is saying. I think it's a Minnesota Department of Health that actually looks at wells, but I don't think that's a role of the city. I think we'd be doubling up on it and I don't think we want to direct our staff to be doing this. It's a, I don't think it'd be a valuable use of city staff because of the doubling up issue. I think there's enough professionals. Slagle: Let me ask from a volume standpoint? Lillehaug: Minnesota Department of Health. They take care of that and they have engineers just like, more qualified so than city staff does to do that and I think they are more professional to do that rather than our city staff. Slagle: Okay. Kevin Nordby: It's a pretty extensive permit process. Pretty lengthy from the Minnesota Department of Health and the DNR. Slagle: But just so we're all clear as a commission, if you remember 6 months ago in one of our sessions with the council, or prior to one of our sessions, there was a discussion with city staff regarding water wells and so forth, and the fact that there was, I don't want to get into all the details, but issues with just volumes of water being consistent and all I'm saying is we're having a Planning Commission ling — August 19, 2003 • user that might equate to x number of hundreds of homes, and seems to me that the only application process they go through, and I don't want to diminish it, is through a state agency that could approve it and that could affect the city and what's our recourse? I don't know. Lillehaug: I guess in my second breath I would ask city staff to ensure that the applicant does this and then pass this information onto the residents. So that's how I would like to address it anyways. Ron Saatzer: I am one of those residents, just to let you know on record so. Lillehaug: And I'm sure you'd like to know yourself. Ron Saatzer: Concerned as everybody else. Lillehaug: Yep. Yep. And then address a couple of the alignment issues with Hole number 7. I guess I'd like to see that skewed a little away from the residents house there directly to the south rather than just offsetting it. I think it needs to be skewed a little to the north. And then my largest concern is with MnDot approval on this. It's a safety risk factor with one single ball hitting a car. So I think staff needs to ensure that MnDot has reviewed this because truthfully I think it's too close to the road. But I would be willing to approve it after we receive MnDot's take on it and to ensure that they know what's going on there and how close it is to the road, and that's all I have, thanks. Sacchet: Thanks Steve. I don't have too much new things to add. Basically I want to compliment you for doing a fantastic project here and certainly support it any way I can. However, at this point what we have in front of us is not close enough to what reality is. I mean any one of these issues would be trivial but you add them all up and there's probably close to a dozen of issues, some of them more significant, some less significant. I mean like the alignment of Hole number 7 is not that big an issue, but it all adds up. They do have the alignment of the drive, the access drive not clear. The location of the buildings is different than it was on the plan. We have the lack of at least two major agencies that we have not gotten feedback from that is very crucial in terms of traffic. In terms of the road alignment. In terms of the water aspect for that matter. The alignment of the private road to the south, apparently there are alternatives that have not really been studied. I mean that is not cooked. That has not been settled and I sympathize with you. I mean you don't want to be held captive to somebody else's problems but this is the time that we need to address this. It is indirectly, part of it is not your problem but it's a problem of the owner. The same thing with the bluff clean-up. I mean it's not your problem. You're not responsible for that, but it's tied into this thing and it has to be cleared up with the owner. The gravel road to the ravine is a definite issue like that. It's not showing on the map. The well depth, the water usage. I agree, it should not be our city staff that gets involved in that but we should make sure that these things are looked at and we need some information about it. What is the well depth going to be, I mean it doesn't, I know whether we can go to that level of detail but we need more information about this because water is one of the most precious resources we have and it's going to become more and more important as we move forward in time. There are safety issues for 101 or for the private road to the south. In terms of where that goes and you've addressed that to a large extent but it's not really anchored in. It's not really refined to the point I think that it would be desirable. The trail for the pedestrians to show that, I mean there's a lot of these issues and I think they all add up and I think they can be taken care of. I don't think that there is any blockage in the road but it needs to be tidied up in order that I feel comfortable of recommending approval of that. So with that I'd like to have a motion. Planning Commission ling —August 19, 2003 • Kevin Nordby: Can I make one final comment? Mr. Saatzer asked me to point out that in the interest of not delaying this project, he would prefer to revert back, if it helps, to the July 18'b plan rather than delay the project. The seeding of a golf course is fairly critical and losing a month or more. Ron Saatzer: It could cost the project a year... Sacchet: Well you know, I don't mean to be insensitive about it but you've been very proactively preparing that site and I think we're looking at a two week delay. We're not looking at a big delay and at the pace that you've been working out there, it seems like this approval process doesn't necessarily hold you up does it. Kevin Nordby: When is the council meeting after that meeting? When is that? The other thing I would point out is that on. Sacchet: Well I don't think we need to have this discussion because the plan, the way it was put in front of us has too many holes. I mean you're suggesting revert to that but we just made the case that it has too many holes so that really doesn't hold water. I'm sorry, so I think we do have a situation here that is pretty clear and I'd like a motion please. Slagle: I'll make it. I would like to make a motion, bear with me one second folks. Here we go. I would like to make a motion that the Planning Commission recommend tabling the approval of Conditional Use Permit #2003-4 CUP for the construction of a golf course with a club house as shown on plans dated July 18, 2003 with the following conditions, and I think staff, fair to say that you've taken note of what we've asked for. Al-Jaff: Yes Slagle: That's it. Sacchet: And we're not recommending, we are tabling. Slagle: Recommend tabling. Sacchet: We are not recommending. We are tabling. Slagle: Tabling, well okay. Sure. Sacchet: So your motion is to table? Slagle: Exactly. Sacchet: Okay, we have a motion. Papke: Second. Slagle moved, Papke seconded that the Planning Commission table Conditional Use Permit #2003-4 CUP for the construction of a golf course with a club house as shown in plans dated July 18, 2003. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Planning Commission ling — August 19, 2003 • Sacchet: Motion carries 6 to 0 to table the application for the conditional use permit. I believe that applies automatically also to site plan review? Or do we need. Al -Jaffa No, it doesn't. Sacchet: It doesn't. Ahight, I'm ready to take a second motion then. Slagle: Don't look at me. Lillehaug: I make a motion we table the Site Plan review. Sacchet: We have a motion. Is there a second? Papke: Second. Lillehaug moved, Papke seconded that the Planning Commission table Site Plan Review #2003-7 SPR for the construction of a club house and maintenance building for a golf course as shown on plans dated July 18, 2003. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Sacchet: Motion carries 6 to 0 to table this. Again please don't take this as a discouragement. I do want to encourage you every which way possible to carry through with this. I think this can be cleaned up rather easily. I would certainly look forward to see this as soon as possible so we don't hold up your time line. Kevin Nordby: Could I ask a point of clarification? Sacchet: Certainly. Kevin Nordby: When we return in a couple weeks, typically when we do a golf course submittal we're not able to get MnDot feedback or Health Department feedback always in time for those, so those tend to be conditions of approval. Is that an acceptable way to do this? Sacchet: This is not a perfect world. There's always going to be holes so I mean we understand that it's never going to be totally perfect. There's always going to be something that can be approved further. Slagle: But can I throw something out, if I may Mr. Chair? Can we ask staff to really assist you in helping influence those folks to get the answers? Ron Saatzer: It might jeopardize the project, that's at] I have to say. Sacchet: Well we don't want to jeopardize. Ron Saatzer: Well it might because I'm, I'm putting that on record, okay... Sacchet: Okay. Thank you so much. In order to summarize for council I think we made plenty of specifications in terms of our comments. I think that covers it well and if somebody would please note the minutes. Planning Commission Ang —August 19, 2003 • APPROVAL OF MINUTES: Feik noted the Minutes of the Planning Commission meeting dated July 15, 2003 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 11:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 77DO Market Boulevard r��� PO Box 147 GN.1ASSF2 IYCr�� u.5. Pow S� a E �^ �hanhassen,MN55317 / _ I r i i'G3 ®3037) rFME7EN a 1x8613768 + Aye CITY OF '` � ;173 ChhNHASSEN CITY OF GERALD R JR & SHELLY D COOK CI�ANI�ASSEN 7265 BUTTERSCOTCH RD EDEN PRAIRIE, MN 55346-3232 O553409051602 17 08/12/03 FORWARD 'TIME EXPRTN TO SEND COOK 9920 DELPIHINIUM LN • CRASKA MN 55318-1177 RETURN TO SENDER NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, AUGUST 19, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Golf Course APPLICANT: SMG, Inc. LOCATION: SE Intersection of Pioneer Trail and Great Plains Boulevard NOTICE: You are invited to attend a public hearing about a'proposal in your area. The applicants. SMG, Inc., is requesting a conditional use permit and site plan request with variances for a Golf Course on property zoned A-2 located at the southeast comer of the intersection of Pioneer Trail and Great Plains Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail sajaff @ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 2003. C City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Also included is an up-to-date list of proposed and preliminarily approved residential subdivisions (link subdivision list). gAplan\fmm Vmew proced= 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 CITY OF SHAWN S & NICOLA S SMITH CI�AN>�ASSEN 18614 CLEARVIEW DR MINNETONKA, MN 55345-6078 0 �4 vc�j�'� S. PPGSTAGE- NIG1 '0 3; � M1 FCf 8073768 . v RECRVED AUG 1 8 2003 CITY OF CHANHASSEN Me4ZA rIk%:it: 47 11'1111'i'1111111111111111111111%111 lilt 11111'1111111111111 1 It NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, AUGUST 19, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS PROPOSAL: Golf Course 7700 MARKET BLVD. APPLICANT: SMG, Inc. LOCATION: SE Intersection of Pioneer Trail and Great Plains Boulevard NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, SMG, Inc., is requesting a conditional use permit and site plan request with variances for a Golf Course on property zoned A-2 located at the southeast comer of the intersection of Pioneer Trail and Great Plains Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or email sajaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 2003. El City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Also included is an up-to-date list of proposed and preliminarily approved residential subdivisions (link subdivision list). WAplan\famcVe m p`ocedm w CARVER COUNTY September 5, 2003 PLIC WORKS DEPARTRNT 11360 Highway 212 West PO Box 300 Cologne, MN 55322-0300 Phone (952) 466-5200 Fax (952) 466-5223 Sharmeen AI-Jaff Planning Department, City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Subject: Chanhassen Short Course SE Quad of TH 101 and Pioneer Trail 2003-7 Site Plan and 2003-4 CUP Administration Parka Engineering Highway Mainteru nce surveying & Mapping c•�iui:, a v.. SEP _ g 2003 CITY OF CHANHASSEN Kevin Norby from Herfort Norby Golf Course Architects, LLC has notified Carver County that he would like to begin the golf course construction immediately. Carver County is not opposed to construction commencing on the project outside of the County right of way. The existing field access on CSAH 14 (Pioneer Trail) can be used as a temporary access for construction equipment. No work can be completed within the CSAH 14 (Pioneer Trail) right of way without having first secured the proper permits from the County. The County will require an access permit for the new proposed access to the property. Utility installation permits will be required for any proposed utility installations in the right of way. If there are any questions regarding this letter, please call me at 952-466-5200. gi.^.cereIY, William J. Weckman, P.E. Assistant County Engineer CC: Roger Gustafson, County Engineer Kevin Norby, Herfort Norby Golf Course Architects, LLC Matt Sahms, City of Chanhassen -1 - , .�, GGA .. ----• , �•i� � � , , �..,�'` ,. 1� � � fid, 0 • 11.5' Owrfi .5' Gwrhan9 \\ 8-------------- IILLLIJ// a 72 x so w" DOOR 72 x M W" DOOR 72 x M W" DOOR 72 x W WI OOOR 72 x eo W" OOaR Sidewall 1 Elevation DEALER INFO. CUSTOMER INFO. BUILDING DESCRIPTION DATE: 08/13/03 0 Your Business 40 X 60 X 10 rROJ: pabA-10006-0-0 PROPOSAL DRAWINGS ONLY nae•e b. ��^�^^^^ ^•� Any Street MS Uni—Frame I Commer a • x,� *< se. Benton 0 • 0 0 Cl \4I • m c v 0 0 m 0 g n S� 0,a 0 0 LL.J n I 0 0 0 0 a a 0 n 0 0 o N z. p 0 0: a o a 0 0 Z , 3 0 m n 0 o o a x m a m o o n a � 0 m o E f o S U xU me >O O E + Z x4 i m x � N m0 w z 3 w T g Z� NV � m x 11J a o o" LTJ m N Lji J CT )6e O �0� VIII �G YP� O u ge 0 J��y U' R 0¢¢�• 60 ® p A �I O rR O vD O_ 4_______________� 1.�_____________ \ g I m O 1 1 I ' � s o i F E � E 6 y K U p ' i KU 1 I 0 �e mE X, I 9 C F i I Ip O a I 0 0 o j I 1 I I � I I L _J O 0 O O o J/1 t1 -A yO MnmsApum tae f Deaf. aPg Na,�(dw laws - M� �vaJ c�—� �s�� 4 e-- -Kk _ a m 0 U a m 0 G Jd Jn ; C< -p Y1 SG2 �X r1YOY , j::ry ,�YYt4 t k� Sr.�jtell�e� SAiEILIiE SH£lT£R5. 1N�' TITLE: 24'x 60' Double -Wide COMPANY: Satellite Shelters, Inc. DRAWING SCALE: 116in : 1H E E with ivy a LL , ni•u•a... • Carpet on floors • Vinyl Covered Gypsum Walls • Rubber Roof • Electric Heat and A1C 0 • City of Chanhassen • 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 7/24/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Conditional Use and site plan request with variances for a Golf Course on property zoned A-2 located at the southeast corner of the intersection of Pioneer Trail and Great Plains Boulevard, SMG, Inc. Planning Case: 2003-7 Site Plan and 2003-4 CUP The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 18, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Cormrtission on August 19, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 8, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. rty DeparVnents City Engineer b. City Attorney City Park Director ire Marshal Building Official Water Resources Coordinator Forester 2. Watershed District Engineer Soil Conservation Service 4 MN Dept. of Transportation 5. U.S. Army Corps of Engineers / Minnegasco 7. MN Dept. of Natural Resources &elephone Company (US West or United) 9 ectric Company (Excel Energy or MN Valley) 10. Triax Cable System 11. U. S. Fish and Wildlife wer County TA/ Engineer b. Environmental Services 13. Other - 14. For information about Lester buildings, please Lester Building Systems call 1-800-826-4439 to find your local rep Lester Buildings, Inc. or visit www.lesterbuildings.com 0 0 171 u E yj Sate1hote" SATELLITE SHELTERS INC. SATELLITC SHELTER DATE MODEL DEALER BOX SIZE ATT: DESTINATION FRAME 1 -BEAM CROSSMENDEIt HITCH AXLES TIRES PAINT FLOOR BOTTOM BOARD INSULATION JOISTS DECKING COVERING EXTERIOR WALLS STUDS BOTTOM PLATE TOP PLATE WALL HEIGHT W ALL CO VERING INSULATION SIDING SIDING COLOR TRIM TRIM COLOR MISCELLANEOUS INTERIOR WALL STUDS WALL })EIGHT WALL COVERING CLOSET ROOF RAFTERS CEILING PAN>'L INSULA'nON ROOFING SHEALTHING MANSARD ROOF VENTS TIC DOWNS EXTERIOR DOOR b/1 'd 8686'uN 0 24685 171 20050 75TH AVENUE NORTH, HAMEL, MN 55340-9459 (612) 4262001 0 888.420-2003 v FAX (612) 42D-2034 MAR 17,2000 2466 CLASSROOM SATELLITE SI -ICI -TER. 23'-6'X64' SALES RCP POR ELKHART 12" JR, IBEAM ANGLr&ROD @ 43" O.C. DETACHABLE TRIPLE 10 PLY MIN, 3 MIL BLACK ASPHALT WOVEN PLASTIC VAPOR BARRIER TYPE BOTTOM BOARD I%-11 (3 1/2") UNFACED PIBE•RGLASS 2X6';3SPF CQUAL OR BETTER @ 16" O,C. TRANSVERSC• SINGLE 5AV PLYWOOD 16 D.C. SPAN 26 O.Z. COMMERICAL JUTE LOOP CARPET 2X4 STUD GRADE SPF EQUAL OR BETTER ©16" O.C. SINGLE 2X4 IASPF EQUAL OR BETTER SINGLE 2X4 03 SPF EQUAL OR BETTER 8 0,. /:" VINYL COVERED GYPSUM (CLASS2F.S.) R -I1 (31/T')KRAFT BACKED 7/16" SMART PANEL GROOVES EVERY 4" O.C. 1'0 BE SELECTED I X4 TOP, BOTTOM, CORNERS, DOOR AND WINDOWS TO BE SELECTED BOCA FRAMING 2X4 STUD GRADE SPF EQUAL Olt DETER 16' O.C. S,-0.. /:' VINYL COVERED GYPSUM (CLASS I F.S.) (2) ROD AND SHELF MONO TRUSSES Q 16' O.C. 1/2" WHITE PRET'1NISI-ICO GYPSUM (CLASSI FLAMC SPREAD) It -19 (6') KRAFT BACKED .045 BLACK EPDM RUBBER ROOF 37911 OSB 24" HIGI-I 7/16' SMART PANEL WITH GROOVES EVCKY 4" O.C. (2) POWER (3) OVER ROOF (2) 36"XSO" INSULATED STEEL DOOR WITH IO"X10" SAFETY DuI Is1a)la4s 0)111a}e5 Wdgt:t 8001 ' H Ar ❑ I «NO y« 10[)NNIN YI300N A1A MIM 0Y1 f�M1811\TlOO14W[ Z w . , jjj�' 11Y[3 [31MOIA Y ���'AA\M iMOQY[ M6MIM�YW YiM1Y[\ A�Yy�'�W as7no� 77oyS �w ueld 6uipea9 LMICU II ueb 6uqueb p�eA j N :rr _ I I E >e C m 3 IIv.J J'f. v'.A MIJ 1 Nn1J 1`��• M0f[a ltss�f aee.lea if\xoMleva mla v.lx ax5t r'�.�u w\ w ,mow as.inoz) ]Joys • ow E m '$ W IIv.J J'f. v'.A MIJ 1 Nn1J 1`��• M0f[a ltss�f aee.lea if\xoMleva mla v.lx ax5t r'�.�u w\ w ,mow as.inoz) ]Joys -�W 0 ❑' - I Y30[]el ]]noi�1Yi101. A1• ..YY.IW. u [ltt la[M;'[�uiesal. asw 4N. aclnoo ]toys .......x. ueld a;ig asnoggnla:* u a e a e � y u e y arHay.•.wan ...o w U h d O t a i3 sl!Qlaa uo.Lpnusuo:) z IJ �� asino "095 uaseeyuey� a�..w.... a�p� IJ �� as �(i3 E, i t iiEE r.s. c . I'af a I � pp � VIII i � ;sli Rug 13 2003 9:49RM LB: 1111 2n° Ave. South, Lester Prairie, 55354 320-395-2531 FAX 320-3955393 Fac 32095-5393 P.1 To: SMA vie. (8�) From: Barbara kma StOCn R��r J Phone: 320-395-5238 Marketing Fax: 320-395-5393 Fax: Pis: j& 3 Re:4Du+1Wr '4At/e tom" bec; d1 Dame: s/ 13 jo3 ❑ Urgent ❑ For Review ❑Please Comment ❑ Please ReWy ❑ Fuse Recycle /fr 071 f" U r � �L Lester Building Systems To: SMA vie. (8�) From: Barbara kma StOCn R��r J Phone: 320-395-5238 Marketing Fax: 320-395-5393 Fax: Pis: j& 3 Re:4Du+1Wr '4At/e tom" bec; d1 Dame: s/ 13 jo3 ❑ Urgent ❑ For Review ❑Please Comment ❑ Please ReWy ❑ Fuse Recycle /fr 071 f" U r � �L Aug 13 2003 9:49AM LB 326395-5393 P,2 A 6-19-03; 10:17;LESTEP B INO 510 666 0109 0 2/ 1 cl « 82019 to « a ewa •n •awonoamu Ao,eem•vnwml�IOIW r� I w""":+w. 40eS �.o xmar xur, ee >wv+e oen m noeo,l f101 .ald'i:.F" `w s:wua'une M -(D -YC 9{K' IWI4M ➢OYY i+n .m+ns �tlO ewi iuw'a6�, r C��e x l s a � fill 000® e ti J lop y❑O09 R enn,�t ep III I � ��i��a�I e � tee if lie ai © � gp8 p o ldpeilg ca 0 in Ulm 11 �g a A gga o T . 1 a iT « Bolo asa oas: SNI B tl31S31: WVLl:pl:OO-EI-O E'd E6ES-56EdE H-, WH64:6 EOOZ 61 2n g+yi�P��y�t 2 I f 6 1 1 8 S pg 1 I � I 1 � I 1 � , XF! e , � 1 Cl��i r H MEMORANDUM . • Page 1 of 1 AI-Jaff, Sharmeen From: Sweidan, Mahmoud Sent: Tuesday, August 19, 2003 10:50 AM To: AI-Jaff, Sharmeen Cc: Burgess, Teresa; Saam, Matt Golf Course MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Mak Sweidan, Engineer DATE: Aug. 19, 2003 SUBJ: Site Plan Review for a Golf Course Land Use Review File No. 03-15 Following the review of the Golf Course site plans dated July 18, 2003, prepared by Sathre-Bergquist, Inc., the applicant is proposing to relocate the existing southwest private access. Staff is fine with the new realignment which will provide more sight distance for the access users. As to such, I recommend the additional following conditions: L The applicant is responsible to obtain and comply with a MnDOT permit for the new access. 2. Since the private access serves multiple lots, the road must be a minimum of 20 -feet wide, built to a seven - ton design and enclosed within a 30 -feet wide private easement. 3. The portion of the new access located within the right-of-way of highway 101 must be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. c: Teresa J. Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer g:\eng\projects\Golf Cours6site plant review.doc 8/19/2003 FROM : RYS • PHONE NO. : 4422091 0 Jul. 18 2003 09:48RM P2 Swedlund - Septic July 18, 2003 City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: Septic for Golf Course in Chanhassen We are calculating a maximum water use of 5610 gallons per day using 22 GPD per person with a total of 255 people at the facility at one time (200 golfers on the course, 50 people in the clubhouse and five employees). We anticipate each septic site being approximately 5000 sq. ft. for a total of 10,000 sq. ft. overall septic treatment area needed. These figures are based on preliminary information given to us by the architectural firm Herfort Norby. Sincerely, G Xez�4 Swedlund Septic Swedlund Septic • 930 Deer Creek Parkway • Belle Plaine, MN 56011 • (952) 873-67) 1 or (952) 442-5855 State Certirkd Ila 11398 0 0 CHANHASSEN SHORT COURSE -SITE PLAN July 18, 2003 The Chanhassen Short Course site plan submittal consists of a request to construct a nine -hole public golf course with practice facilities. The site is located south of Highway 5 in Chanhassen at the southeast comer of Highway 101 and Pioneer Trail. This 45 acre site was formerly the site of the Halla Nursery tree growing range and is currently zoned Agricultural (A2). The site is owned by Don Halla of Chanhassen, Minnesota and is currently under long-term lease by Ron Saatzer of Chanhassen for the purpose of constructing and operating a golf course. The surrounding properties on all sides are zoned Large lot/Low Density residential. Our proposal would include approximately 44 acres of golf course facilities, a small clubhouse building, a small maintenance and storage building and a parking lot capable of accommodating 80 cars. Total hard coverage is approximately 44,000 square feet or 2.2% of the site. At this time, we are requesting Site Plan approval by the City of Chanhassen as well as approval of a Conditional Use permit to operate a golf course. It is our belief that the project will not require rezoning or variances. The Golf Course. The par 29 golf course has been designed to appeal to golfers of all ages and abilities. Particular emphasis, however, will be placed on attracting kids and golfers of average ability. It is anticipated that there will be weekly league programs, youth programs, lessons and a limited number of small tournaments or corporate events. The course consists of seven par three holes and two par four holes. The driving range will be 300 yards long and will have approximately 35 hitting stations with both artificial and real turf teeing areas. The putting greens, tees and fairway areas as well as the driving range and clubhouse area shall be irrigated with a fully automatic sprinkler system. A pond will be excavated between holes No. 6 and 8 for use as an irrigation pond. A new well, to be located near the south end of the pond, will be used to fill the irrigation pond during the daylight hours. A small 14'x18' slab on grade building will be located near the north end of the pond and will house the irrigation wet well and pumping system which will distribute water throughout the golf course. A permit application shall be submitted to the State of Minnesota prior to installation of the irrigation well. The Clubhouse. The clubhouse building will be a pre -manufactured structure similar to those manufactured by Satellite Shelters Inc. for use by golf course facilities. The Clubhouse will measure 24'x60' and will include a small pro shop, restrooms and small office space. Complete plans will be submitted to the City upon application of a building permit. It is anticipated that the clubhouse will accommodate up to 50 people during peak use. This will include a large outdoor concrete patio which will accommodate tables and chairs for outdoor seating. The Clubhouse will be heated and air conditioned. Roofing will be asphalt shingles. Siding will be wood or masonite siding. Maintenance Building. The maintenance building will be a pole barn -type structure similar to that manufactured by Lester Building Systems. The building will measure approximately 40'x60' and will be used to provide storage and work shop facilities for servicing the golf course maintenance equipment. The building will include a small office space, bathroom facilities for 3 to 4 employees and work shop space. Roofing and side walls shall be constructed of painted corrugated metal. Complete plans will be submitted to the City upon application of a building permit. Aida ckwveoT #4. 0 0 Sewer and Water. Since the site does not have access to the municipal sewer or water supply, two 5,000 square foot septic sites (primary and secondary) have been identified on the site plan. Septic site size was calculated based on use of the facilities by 250 people per day. Septic sites will be protected during construction with orange construction fencing. Potable drinking water for the clubhouse and maintenance facility shall be provided by drilling a new well in the vicinity of the clubhouse. Buffervard and Landscaping. The golf course is being developed in a manner which is intended to minimize site grading and tree loss. Existing nursery trees which are small enough to transplant and are in good health shall be transplanted to a holding area within the proposed driving range or shall be relocated immediately to a permanent location at the perimeter of the site. Upon completion of the site grading, trees being held in the driving range will be relocated to a permanent location elsewhere on the site. Our consultants have prepared a bufferyard and landscape plan in accordance with the City's Bufferyard Ordinance. On the north and west side of the site there are significant stands of existing trees as well as earth berms which were previously created by the landowner. These berms and trees will be retained and additional over -story trees, conifers (under -story trees) and shrubs will be transplanted. On the south and east sides of the property there are a lesser number of existing nursery trees. On the south side, we have proposed to transplant a greater number of over -story trees and shrubs and plant fewer under -story trees than is required by the bufferyard ordinance. In doing so, we intend to provide a continuous lilac hedge buffer along the south property line between neighboring residents and the golf course and to then use over -story to provide additional separation. On the east side, it is our intent to preserve much of the existing vegetation and the existing earth berm and to transplant additional over -story trees, conifers (under -story trees) and shrubs. Grading. In general, grading will be limited to the construction of golf course features and ponds. Soil generated from the excavation of two ponds, including the irrigation pond, will be used to elevate and construct the greens and tees. In addition, some grading will occur to provide visual site lines from the proposed teeing area to the greens and to provide separation between adjacent golf holes. Upon completion of the grading operations, all areas shall be either seeded or sodded. Putting greens shall be seeded with Bentgrass. Tees and fairways shall be seeded with a blend of Kentucky Bluegrass and Perennial Ryegrass. Rough areas shall be seeded with a blend of Kentucky Bluegrass and Fescue grass. The seeded areas immediately surrounding the putting greens, tees and sand traps shall be covered with Futerra erosion control blanket in order to minimize erosion and enhance the establishment of the fescue grass. Drainage swales and areas of concentrated drainage will be either sodded or seeded and covered with erosion blanket. Drainage. In general, existing drainage exits the site at in four locations. The majority of the site drains towards the southeast where its rate of discharge is controlled by the existing storm water pond near hole No. 3. The area including holes No. I and 2 drains to the northeast and exits the site through an existing culvert under Pioneer Trail. A small pond is being constructed near hole No. I green to control rate of discharge and act as a visual amenity for the golf course. The area including holes No. 8 and 9 as well as the parking lot drains to the northwest and exits the site through an existing culvert under Pioneer Trail. A storm water treatment pond is being proposed at the west end of the parking lot to control rate of discharge and water quality. A curb -cut with rip -rap in the northwest corner of the parking lot will provide drainage between the parking lot and the proposed storm water pond. The Bluff. The south east comer of the property includes an area designated as bluff. This area has been delineated by City Staff and is shown on the site plan application. It is our intent to respect the 20 foot bluff grading setback, however, we would ask the City's approval to allow a path to be constructed between the bluff and the existing storm water pond in order to allow golfers to get from No. 3 tee to No. 3 green. At the recommendation of City staff, the tees on this hole were relocated to the west to allow the preservation of existing trees near the edge of the bluff zone. Signage. It is our intent to install a permanent sign at the parking lot entrance on the north side of the site which will identify the facility as a public golf course. The sign will be constructed in compliance with the City of Chanhassen's sign ordinance and landscaped to provide seasonal color and interest. Driveway Realignment. City planning staff has requested that the we cooperate in addressing an existing safety problem on the adjacent property at the southwest comer of the site. We would agree to relocate the existing driveway entrance, which services the four adjacent homeowners south of Ithe site, to be relocated approximately 300 feet to the north and thereby improve visibility. We would be willing consider dedication of an access easement on the golf course site. The new driveway would be constructed to a width of 14'. Schedule. It is anticipated that the transplanting of trees and the construction of the driving range and ponds shall begin in the fall of 2003. The remaining site grading, irrigation installation and grassing shall be completed during the spring and summer of 2004. It is anticipated that the course will open for play in May of 2005. Conclusion. We believe that the construction of a golf course on this site will provide a important recreational amenity for residents of Chanhassen and the surrounding communities. In addition, we hope that the City will agree that construction of a golf course provides a good opportunity to maintain the overall natural character of the site though preservation of habitat and open space. Submitted by, Ron Saatzer Chanhassen, Minnesota MEMORANDUM 46 Al-Jaff, Sharmeen From: Sweidan, Mahmoud Sent: Tuesday, August 19, 2003 10:50 AM To: AI-Jaff, Sharmeen Cc: Burgess, Teresa; Saam, Matt Golf Course MEMORANDUM TO: Sharmeen AI-Jaff, Senior Planner FROM: Mak Sweidan, Engineer DATE: Aug. 19, 2003 SUBJ: Site Plan Review for a Golf Course Land Use Review File No. 03-15 Page 1 of 1 Following the review of the Golf Course site plans dated July18, 2003, prepared by Sathre-Bergquist, Inc., the applicant is proposing to relocate the existing southwest private access. Staff is fine with the new realignment which will provide more sight distance for the access users. As to such, I recommend the additional following conditions: 1. The applicant is responsible to obtain and comply with a MnDOT permit for the new access. 2. Since the private access serves multiple lots, the road must be a minimum of 20 -feet wide, built to a seven - ton design and enclosed within a 30 -feet wide private easement. 3. The portion of the new access located within the right-of-way of highway 101 must be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. c: Teresa J. Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer g:\eng\projects\Golf Course\site plant review.doc 8/19/2003 r 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ............................... $21.00 per column inch Rate actually charged for the above matter .............................................. S 10.63 per column inch Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as NOTICE OF PUBLIC HEARING amended. CONDITIONAL USE PERMIT AND SITE PLAN REVEIW (B) The printed public notice that is attached to this Affidavit and identified as No.y9�1 CITY OF CHANHASSEN was published on the date or dates and in the newspaper stated in the attached Notice and said NOTICE IS HEREBY GIVEN that Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the Chanhassen PlanningCommussion will the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both hold apublic hearing on Tuesday, August inclusive, and is hereby acknowledged as being the kind and size of type used in the composition 19, 2003, at 7:00 p.m. in the Council and publication of the Notice: Chambers in Chanhassen City Hall, 690 City Center Drive. The purpose of this abcdefghijkltnnopgrs[ur yz hearing is to consider the application of SMG, Inc. requesting a conditional use pemtitand site planrequestwith variance, By: AN IM/ for a Golf Course on property zoned A- 2 located at the southeast comer of the Laurie A. Hartmann intersection of Pioneer Trail and Great Plains Boulevard A plan showing the location of the Subscribed and sworn before me on Proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attendthispublic hearing and expresstheir this _day of 2003 00 opinions with respect to this proposal. , AM GWEN M. pltlwENZ SharmmAl-1aff, SeniorPlanner MI, NOTAHYPU&1C Jar. WTA "Ay commissw^ FrPiree Phone: 952-227-1134 (Published in the Chanhassen Villager on Thursday, August 7, 2003; No. 4%1) Notary Pubhc RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ............................... $21.00 per column inch Rate actually charged for the above matter .............................................. S 10.63 per column inch