8.5 Review Pryzmus Driving Range and Mini Golf Course CITY OF ,.
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�-'t"- y (612) 937-1900 Action by City Administrator
Endormi i../'' _,
MEMORANDUM ; ,,:'
ITO: Don Ashworth, City Manage.---- �-,�:�.,..
MW
I FROM Barbara Dacy, City Planner __,
date S,:',rn;:;Jd to t.'in i1
DATE: August 18, 1988 g_1.1„_n
I SUBJ: Review Conditional Use Permit Compliance - Miniature Golf
Course and Driving Range - John Pryzmus
IBACKGROUND
The City Council approved the conditional use permit for a golf
I driving range and miniature golf course on November 16, 1987,
subject to the following conditions:
1 . Submission of a revised grading plan by December 1, 1987,
I showing the proposed limits of grading, methods of erosion
control where necessary indicating the size and revised loca-
tion of the parking lot and club house 150 feet from the cen-
I terline of County Road 117, and proposed berm areas around
the putting green and miniature golf course area. The
parking area shall be paved. City staff shall review and
approve said plan prior to activity occurring on the site.
I2 . Submission of a revised landscaping plan by December 1 , 1987,
to add a 2 foot evergreen hedge and 6 ' trees in front of the
I proposed parking area. City staff shall review and approve
said plan prior to activity occurring on the site.
I 3 . Fencing on the property shall not exceed 6 feet 6 inches in
height unless authorized by conditional use permit.
4 . The two septic system sites along County Road 117 shall be
I protected from grading activities and shall be staked and
protected in the field.
I 5 . The applicant shall install a holding tank and shall comply
with all the requirements of Ordinance No. 10-B . A copy of a
contract with a licensed pumper shall be provided prior to
Iissuance of the septic permit.
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Mr. Don Ashworth
August 18, 1988
Page 2
6 . The applicant shall comply with the requirements of the
Watershed District, Fish and Wildlife Service, DNR and any
other legal jurisdiction as it relates to utilization of the
site.
7 . There shall be no alteration to the wetland area except for
the planting of grass seed and periodic disking of the site.
There shall be no filling, grading or other alteration unless
approved by the City Council through the wetland alteration
permit process. '
8 . The applicant shall provide proper financial security in the
amount of 110% of the cost of the improvements to the site
prior to December 1 , 1987 .
9 . There shall be no light standards on the premises. Hours of
operation shall be from sunrise to sunset. I
10 . The applicant shall pay all fees incurred by Resource
Engineering by December 1, 1987, and shall be responsible for
future fees if services by Resource Engineering are deter-
mined to be necessary.
ANALYSIS
Staff wanted to review the conditions of approval with the
Council and relay to the Council items that are inconsistent or '
not addressed during Council review.
Condition #1
The applicant complied with the requirement to submit a revised
grading plan by December 1, 1987. The clubhouse and parking lot
locations comply with the setback distance from County Road 117 .
The applicant has also paved the parking lot area in compliance
with the permit. The driveway to the parking lot has been
shifted approximately 20 to 30 feet south of the proposed loca-
tion on the plan. The parking lot is also slightly smaller than
the approved parking lot because the proposed building was not
approved through the zoning ordinance amendment process . The
culvert that was identified to be installed underneath the drive-
way has not been installed. However, the county has authorized a
driveway access permit.
Condition #2
The applicant identified berming and landscaping in compliance
with condition #2 on a revised landscaping plan. However, the
berm and evergreen trees identified on the plan have not been
installed. In fact, the miniature golf course holes are located
directly adjacent to the lot line so that it would not be
1
Mr. Don Ashworth
' August 18, 1988
Page 3
possible for the applicant to install the berms within the prop-
erty lines as indicated on the grading plan stamped "Received
December 1 , 1987" .
Condition #3
' The applicant is currently in the process of installing fencing
around the property.
' Condition #4
The septic system sites have been protected.
' Condition #5
The applicant has installed a bathroom facility and holding tank
' to comply with Ordinance No. 10-B . The clubhouse building was
constructed prior to the Council' s final action on the proposed
indoor golf building and therefore was not designed with the
' bathroom in it. Staff authorized the applicant construct the
bathroom building and felt it was a better option than satelli-
tes .
' Condition #6
Because the applicant did not pursue alteration of the wetland, a
' permit from the Watershed District and DNR was not processed.
Condition #7
There has not been alteration to the existing wetland since the
most recent application.
' Condition #8
The applicant did provide a letter of credit in the amount of
110% of the cost of improvements of the parking area ($10,000) .
The applicant has completed the parking improvements. The letter
of credit expired on June 14 , 1988 .
' Condition #9
This condition required that there would be no light standards on
' the property, however, the applicant has installed 15 small flood
lights along the Hwy. 5 right-of-way/property line. This con-
dition also conditioned approval on the hours of operation to be
' from sunrise to sunset.
Condition #10
' The applicant has paid the septic system review fees by Resource
Engineering.
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Mr. Don Ashworth
August 18 , 1988
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Page 4
The applicant has also installed video games, a pop machine and I
cigarette machine in the clubhouse building. This issue was not
addressed during the most recent application process, although
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video games were prohibited in the 1983 approval (which was sub-
sequently repealed) .
The sign has also been installed on the property. The signage '
issue was not addressed during the recent application process .
SUMMARY
The following needs to be completed: I
1 . Approval from the City Engineer' s Office and Carver County on
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the necessity of the culvert underneath the driveway.
2 . Installation of the berm and evergreens as proposed. (The II owner indicates that the trees will be installed by September
15 , 1988) . The berms would have to be located in the right-
of-way. Pending MnDOT approval, an alternative approach II would be to plant 8 foot evergreens rather than 6 foot.
3 . Removal of the light standards .
The Council also needs to discuss the following: I
1 . Installation of video games and vending machines .
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2 . Installation of the sign.
ATTACHMENTS I
1 . Conditional use permit.
2 . Revised grading and landscaping plan. II 3 . City Council minutes dated November 16 , 1987 .
4 . 1983 Conditional use permit.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' 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: A golf driving range with a miniature golf
course.
' 2 . Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
See Exhibit A.
' 3 . Conditions. The permit is issued subject to the
following conditions:
' 1 . Submission of a revised grading plan by December 1, 1987,
showing the proposed limits of grading, methods of erosion
control where necessary indicating the size and revised loca-
1 tion of the parking lot and club house 100 feet from the cen-
terline of County Road 117, and proposed berm areas around
the putting green and miniature golf course area. The
' parking area shall be paved. City staff shall review and
approve said plan prior to activity occurring on the site.
' 2 . Submission of a revised landscaping plan by December 1, 1987,
to add a 2 foot evergreen hedge and 6 ' trees in front of the
proposed parking area. City staff shall review and approve
said plan prior to activity occurring on the site.
3 . Fencing on the property shall not exceed 6 feet 6 inches in
height unless authorized by conditional use permit.
' 4 . The two septic system sites along County Road 117 shall be
protected from grading activities and shall be staked and
' protected in the field.
5 . The applicant shall install a holding tank and shall comply
with all the requirements of Ordinance No. 10-B. A copy of a
' contract with a licensed pumper shall be provided prior to
issuance of the septic permit.
6 . The applicant shall comply with the requirements of the
Watershed District, Fish and Wildlife Service, DNR and any
other legal jurisdiction as it relates to utilization of the „ ;”
site. '`
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7 . There shall be no alteration to the wetland area except for
the planting of grass seed and periodic disking of the site. I
There shall be no filling, grading or other alteration unless
approved by the City Council through the wetland alteration
permit process. i
8 . The applicant shall provide proper financial security in the
amount of 110% of the cost of the improvements to the site
Iprior to December 1, 1987.
9 . There shall be no light standards on the premises. Hours of
operation shall be from sunrise to sunset. - I
10. The applicant shall pay all fees incurred by Resource
Engineering by December 1, 1987, and shall be responsible for
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future fees if services by Resource Engineering are deter-
mined to be necessary.
4 . Termination of Permit. The City may revoke the I
permit following a public hearing under any of the following
circumstances: material change of condition of the neighborhood I
where the use is located; violation of the terms of the permit.
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5 . Criminal Penalty. Violation of the terms of this
conditional use per it is a criminal misdemeanor. I
Dated: / / /6? !!( q .
1 /// II
CITY OF HANHASSEN I
By: /2 /;27,/,-;-2 / 14-
II
Its Ma or
By: Illk, •
I
I
ts Clerk
STATE OF MINNESOTA) II ss
COUNTY OF CARVER )
The regoing instrument was acknowledged before me this I
day of �, , 190 , by Thomas L. Hamilton,
Mayor, and Don Ashworth, City Manager of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
I
CA , , / I f
Ktgr`N J. EN^EL'- DT Notary ub is j I
NOTARY PUBLIC - t -_OTA
b4 ° CARVER co_ TY
My commiss;on ex,;.ras 1J-1.13-91
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f.:45
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City Council Meeting - November 16, 1987
II
be willing to support a situation in which he would grant the city an
easement. If the City wants to build a trail on both sides of CR 17, I think II we should be willing to pay for it but I'd like to have that option available
to us. I think that saves Mr. Patton's feeling that it's costing the
development money because you're simply giving us an easement and yet it
protects the ability of the City to come back and build a trail later.
II
Councilman Johnson: I thought that was what the Park and Rec was asking for
anyway.
II
Councilman Boyt: What we agreed to the other evening was that Mr. Patton would
build the trail on both sides of CR 17 and I think Park and Rec said that if
II
he chose not to build it, there would be a reduction in the trails fees. I
think since then we have increase the amount of trails we've asked Mr. Patton
to build in this development and quite possibly it's reasonable to ask for an
easement.
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Councilman Boyt moved, Councilman Horn seconded that the applicant provide an
easement on one side of County Road 17 for the future development of a trail, II to be built by the City, if a trail on both sides of County Road 17 is deemed
necessary. All voted in favor and motion carried.
PREVIEW SWINGS RECREATION PROJECT.,.-JOHN PRYZMUS,AAPPLICANT: II
4 A. ZONING ORDINANCE AMENDMENT TO INCLUDE GOLF DRIVING RANGES AS A
II
CONDITIONAL USE AND MINIATURE GOLF COURSE AS AN ACCESSORY USE, 2ND
AND FINAL READING.
B. APPROVAL CONDITIONAL USE PERMIT DOCUMENT. I
Barbara Dacy: I do need a clarification on one of the proposed conditions of
the conditional use permit but as to the zoning ordinance amendment, the ' II
Council needs to act on the 2nd and final reading on the zoning ordinance
amendment to allow golf driving ranges as a conditional use with or without
miniature golf as an accessory use. The five conditions that the Council put II in their motion from May 4, 1987. The Council approved the conditional use
permit and also acted to deny the wetland alteration permit so the Council
needs to authorize execution of the conditional use permit which staff has II prepared in Attachment #2. If I could review briefly one of the conditions.
On the graphic here the big blob, if you will, is the wetland area in the
northwest corner of the site. The orange area is where the miniature golf
course is going to be located. The gray area is where the parking area is
II
proposed to be then there was a small clubhouse building located here. This
colored square is the proposed batting building at that time. The batting
building was not approved as part of the conditional use permit and this area
II
over here represents the septic system sites adjacent to Galpin Blvd.. This
site plan shown here was submitted in conjunction with the landscaping plan
and that landscaping plan is proposed to be the installation of a number of
deciduous trees and also proposed construction of berm areas which are
II
represented in green. The applicant also proposed fencing around the entire
perimeter of the site as well as a fence around the maxi-putt and mini-putt
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City Council Meeting - November 16, 1987
area. So the conditional
use permit has been designed to follow up on the
elements that was represented by the applicant on his site plan and
' landscaping plan. In number 1 the first permit requires submission of a
revised grading plan showing the limits of grading, methods of erosion control
and indicating the revised location of the parking lot and clubhouse. As you
' recall, the applicant had originally intended in altering the wetland area and
creating a pond back here and to lower the elevation of the hill over in this
area for the construction of a batting building. Since the wetland alteration
permit was denied and since the batting building was not included in the
approval, the applicant has changed his plans so that we would like to reduce
the size of the hill in this area and second of all, if you will recall,
Carver County had a condition that the setback area for the parking lot and
' the clubhouse building be measured from 100 feet from the center line of
Galpin Blvd.. I apologize to the applicant also and to the Council, but the
way that first condition should read is with the 50 foot structure setback in
the A-2 district, the first condition should read, indicating the revised
location of the parking lot and clubhouse 150 feet from the center line of CR
117. That would take into accomodation the additional right-of-way needed for
' CR 117 as well as the 50 foot setback. I think that was discussed all along.
I made an error in the footage from the center line of Galpin Blvd.. The size
of the parking lot was primarily based on the use of the batting building.
Provided on the plan here is construction of 92 spaces. The batting building
11 is not being included, there is no reason to have that size of a parking lot
so what the first condition is saying is that the plan should show the revised
location of the parking lot and I'd like to add the revised size and location
' of the parking lot and clubhouse so that the applicant is proposing to reduce
this in size, that's fine. Finally, the plan indicated that the parking area
was to be bituminous and again I apologize, that should have been specified in
the first condition there. Also, the ordinance does require that all parking
' areas should be lined by concrete curb also so the Council may want to discuss
that in more detail tonight but in order to match our ordinance, a sentence
should be added that the parking shall be paved and lined with concrete curb.
The second condition was commented on the previous staff report back in May
that in order to be consistent with our landscaping ordinance, 6 foot
evergreens and 2 foot evergreens should be placed between the parking areas
' and Galpin Blvd.. The proposed fencing of the site, the applicant indicated
to me that it would be approximately 5 feet and it should not exceed our 6
feet in conformance with our ordinance. Number 4 and 5 really go together.
As you recall, the bathrooms were to be located in the batting building area.
' The applicant has found a better location for mound systems over in this area.
If the batting building is no longer there, the bathrooms are to be placed in
the clubhouse, the applicant's has a couple of options. He can either pump
' the effluent to a septic system site to the north, install a holding tank or
install temporary Satellites on the property so what staff is recommending
that if the septic system sites are not to be used, then we recommend
installation of a holding tank rather than installation of Satellites. In any
case however, we want to insure that septic system sites are protected out in
the field and are not altered in case they are removed or needed by the
applicant. If the applicant is to install a holding tank, then the copy of
the contract with a licensed pumper should be provided. Six, the applicant
shall comply with all the requirements of the Watershed District, Fish and
Wildlife and DNR. Because the applicant will be submitting a revised grading
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City Council Meeting - November 16, 1987
jr- plan, the Watershed District approval will be necessary in that case. The
applicant will have to receive their authorization. Now, as to the wetland
alteration permit, Council action again was to deny that on May 4, 1987. The
applicant is proposing to plant grass seed in this area on a regular basis in
order to pick up the balls from the tee area. Because this area has been
farmed in the past on a consistent basis, staff did not feel that planting
grass seed periodically would be adverse to the wetland areas. We prepared a
permit to allow seeding of the site. If that is not consistent with what the
Council feels was their action on May 4, 1987, then that needs to be
corrected. Number 8, to insure completion of the grading improvements and the
parking lot improvements and so on, we ask that the applicant submit a letter
of credit in the amount of 110%. The Council discussed at the last meeting
and made a condition the zoning ordinance amendment to include the use that
the hours of operation would be from sunrise to sunset and therefore there
would be no lighting unless that was a specific condition of approval.
Finally, there is an outstanding bill incurred by Mr. Machmeier and Mr.
Anderson. We're requiring that be paid and if an additional review would be
necessary for the mound septic system sites beyond our current staff, that
would be necessary that a condition that those fees would be paid by the
applicant also and that is consistent with all of our applicants for any of
our subdivision or any type of applicant in the rural area.
Mayor Hamilton: I can think of one question offhand. You said we wanted to
have curb in there. I guess I don't recall that in the rural area for any
type of a use like this and I guess the only one I can think of that would be
fairly similar would be the mini-storage area. I don't believe that we required curb and gutter in that area.
Barbara Dacy: For Mr. Brown's there was I believe the main access drives,
ingress and egress points to the development.
Mayor Hamilton: Right but not the whole, what you would consider the parking
area.
Barbara Dacy: Right. Tonight I was indicating that the curbing and the
paving and the bituminous issue was not even discussed at the May 4th
meeting. I was merely pointing out that our ordinance requires it. That
paved be lined with concrete curb so you're consistent with the ordinance.
Mayor Hamilton: Okay and I was just questioning that wondering if that's
consistent with what we do in the rural area. If that's what our ordinance
says, I guess that surprises me. '
Barbara Dacy: Staff has been consistent in recommending that that be
installed.
Mayor Hamilton: I'm sure you have but my question is still the same. Is it
the ordinance that it would be installed in the rural areas?
Barbara Dacy: Your question, have you approved it in the past?
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City Council Meeting - November 16, 1987
Mayor Hamilton: No, does it say that in the ordinance? That rural areas put
in parking for whatever use you're going to use, you have to have curb and
gutter.
' Barbara Dacy: The ordinance does not specify if it's urban or rural. It says
if you have a parking area, it has to be paved and you have to have concrete
curb.
Mayor Hamilton: Alright, so that's something that the Council could decide
whether or not we want to have that right? Staff is recommending that the
applicant do put that in. I'm also curious about the wetland now. The
' drawing that you were showing us there and the portion in green is supposedly
the wetland. Who's definition of the wetland is that?
Barbara Dacy: We asked the applicant at that time, what we use as the
definition of edge of the wetland is where the reed grass vegetation starts
and stops. That was one factor because the reed grass was predominant in this
area. The other reference that we used was the official Chanhassen wetlands
' map that was on file. This part of the area does reflect on the contour
that's located on the wetlands map.
Mayor Hamilton: What class wetland was that?
Barbara Dacy: It was a Type II, Class B.
Mayor Hamilton: Is that the lowest grade you can get?
Barbara Dacy: There's Type I which is the lowest.
' Mayor Hamilton: So it's next to the lowest and that area had been farmed for
years if I remember correctly. I still, in being consistent with what I've
said in the past, I don't believe that's a wetland and I would like to see
some evidence if it is. I think the applicant ought to be allowed use in that
area. It may have been a wetland at one time and John filled it. Right or
wrong it's something that's been done. I think that he's said that at that
' far north end of that there is a pond or he would construct a pond that could
be used as a wetland or as a retention area for runoff to go into the creek.
I would prefer to see that done since he's filled the area already, allow him
' to use it. I guess I have stated that previously and I still feel the same
way. I think anybody would have a hard time going out there and I don't care
if it's Mrs. Rockwell or our staff and proving that that is in fact a wetland.
I don't think there's any evidence out there. Do council members have any
questions of the staff?
Councilman Horn: One of the things that we requested when we reviewed this
' last time was to get a general policy on allowing this type of use from the
Planning Commission. I didn't see any record that they had given us a
guideline on this issue.
Barbara Dacy: As I interpretted the Minutes after reviewing them, that topic
was discussed but then I believe it was Councilman Geving saying you have to
decide on a particular issue at hand tonight and that two motions occurred.
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City Council Meeting - November 16, 1987
So that item has not been brought back to the Planning Commission for review
given Council's action.
Councilman Horn: If you read further in the Minutes it said that, yes we had
to act on this issue this evening but part of our problem with acting that
evening was that we didn't have the guideline and what we said is, that we '
should go back and get a guideline as to what type of uses we should allow and
where we should allow them and what kind of criteria we should put on those
kinds of uses. Specifically the issue of the batting area had come up and
that is not addressed anywhere. We also described the fact that if you read
our ordinance it doesn't allow a golf course anyplace in the City without a
conditional use permit. That was another one of the issues that we wanted to
address and brought back to us for us to act on. Now we come back to this
issue again and we don't have any further recommendations or any further
guidance on this thing and it seems like we've lost a lot of time where we
could have been making a policy on that so once again instead of proactive,
we're retroactive.
Barbara Dacy: I guess I disagree because the five conditions that the Council ,
eventually approved were the specific recommendations of the Planning
Commission and they made a specific statement saying that the batting building
of the commercial recreational uses was not appropriate in the rural area.
But they did distinguish between driving ranges and miniature golf courses.
They declined to act on the. golf course issue because that was not brought up
1 to them at that point although I recall that the Planning Commission did say
that they would all agree that a golf course should be allowed in the rural
area. Basically what the Council has approved was the Planning Commission
recommendation.
Councilman Horn: That's true but what we also asked for was that the issue of
golf courses in general be addressed in terms of our overall ordinance and I
don't believe it has.
Barbara Dacy: Yes, they have not addressed that but I guess I still don't
understand how that issue would relate to Mr. Pryzmus' application because I
don't think the driving range and miniature golf course is clearly a distinct
use than a golf course.
Councilman Horn: What you're telling us is that there is no anomaly to the
ordinance to date. That this is a very clear cut issue from our ordinance.
Barbara Dacy: The Council acted to approve the Planning Commission
recommendation for the golf driving ranges and miniature golf courses. They
did not address a golf course issue at all.
Councilman Horn: I understand that. Based on the current ordinance? '
Barbara Dacy: Right.
Councilman Johnson: As I said in May, I think we should allow at least the I
seeding in that area to make the area useful. I do not think we should make
4 major grading changes to that area. It still, with the proper seeding, will
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City Council Meeting - November 16, 1987
function as a nutrient drain the wetland area. This is another example of how
the TH 5 corridor there needs to be looked at. We are in that process, I
guess looking at the entire downtown to TH 41 as part of our comprehensive
plan.
' John Pryzmus: As far as if I can have it, whatever you decide as far as the
curbing we can go ahead and do that but what I worked with staff is after the
11 inches of rain, I went down there and mowed that area a week and a half
' later and there wasn't even any water there so I'm not worried about filling
in the wet area at all. One thing that I would like to propose is the batting
cage or our proposal there was a batting building. It was consistent with my
financing and that project was...to make it financially feasible. I needed
' the batting cage or the indoor golf and batting. As far as the density of the
area coincides with miniature golf and driving range. Also, when people are
using that, they won't really go off the site so if I could reconsider to add
' that building as a utility building, that would be the only thing. Other than
that, I won't be doing anything in the low land at all other than seeding it.
As far as the grading permit, that goes along with the miniature golf now and
we won't put any fill in the low area, we'll just knock down the one hill and
just push it to the back. There will be a very minimum amount of grading on
the site. So if you would reconsider allowing having a utility building to
make it financially feasible...
Mayor Hamilton: That's an entirely separate issue. I guess if you want that
to be reconsidered, you'll have to bring it back at another time. Do you have
' any problems with the conditions 1 through 10 that were outlined by the
conditional use permit? Were those conditions acceptable to you?
John Pryzmus: The curbing and?
Mayor Hamilton: There are 10 conditions. Have you had a chance to review
them?
John Pryzmus: I didn't.
' Councilman Boyt: Did you fill in the wetland?
John Pryzmus: Yes, I filled in part of it.
Councilman Boyt: Did you have a permit to do that?
John Pryzmus: There isn't any wetland on the property. I have a letter from
' the DNR stating that it's not a protected wetland.
Councilman Boyt: Well the City considers it a wetlands and you filled it in
' without a permit, is that correct? I just want to get a clear status on how
we lost the wetland. My understanding is we lost the wetland because you
filled it in.
' Mayor Hamilton: That's correct.
24
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251 11
City Council Meeting - November 16, 1987
Councilman Boyt: What you're basically asking to do with the wetlands and
what the City proposes is a wetland, is to seed it, mow it, treat it like any
other piece of ground. I would like to ask the staff, is this going to impede
it's ability to do what it's doing now?
Barbara Dacy: When Dr. Rockwell visited the site last spring, she commented
that the area is really not acting as a good place for habitat which is one of
the criteria for a wetland. It's main function was serving as an area for
recharge and a storm water retention area before it gets to a creek along the
north side of the property. Staff felt that because there was going to be no
additional fill or alteration of the property, that it would continue to be
maintained the way it was in the last several years, that we felt that the
seeding would not affect that function at all.
Councilman Boyt: Now I heard something about an offer to build a pond on the
property as a holding pond. I think that's a reasonable offer and we should
take you up on that.
Barbara Dacy: That was part of the original wetland alteration permit request
that was denied by the Council so if you're proposing to do that, he would
have to reapply for that.
Councilman Boyt: How are you proposing and how would you like to alter that
wetland any differently than what you propose to do now?
John Pryzmus: You means as far as building a pond? '
Councilman Boyt: No, as far as the particular wetland. Is that where you are
proposing to build your pond?
John Pryzmus: Yes it would be down at the end of the road area.
Councilman Boyt: Alright, so what other kinds of changes were you proposing
to make in the wetland?
John Pryzmus: All I want to do is just like I have there on the sewer. '
Councilman Boyt: Co we have any difficulty with him improving the wetland?
We seem to have set a precedent indicating agreement to do that before. Well '
Jay, maybe when it gets to be your turn you can comment on that. Then the
other situation I have is on the parking lot. As I read the ordinance, it's a
little different than staff is interpretting it. It says on page 1247, in
multiple family, business, office and industrial districts. We're not in any
of those so it does state that a person needs to have some sort of dust free,
all weather surface and concrete curbing. It's real specific as to where in
the city we can require that. I believe this is an agricultural district?
Mayor Hamilton: It's A-2.
Councilman Boyt: I think given the surface area, it probaby makes sense to
put a concrete curb around this but I don't think the city ordinance requires
it. I think it's kind of commen sense if you're going to put a hard surface '
25
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City Council Meeting - November 16, 1987
on that much ground to have some means of controlling the runoff from that.
[-
' So to kind of summarize where I'm at right now, on the wetland, if you're
going to improve it, I can certainly be convinced that grading and seeding is
appropriate since it doesn't seem to interfere with what it's doing now. On
the curbing, I'm okay with going on the curbing whichever way you want because
' our ordinance doesn't require it as I read it. However, I would certainly
look favorably upon putting concrete curbing around your parking area. My
biggest concern is that we're sitting in an agricultural area and we are
' producing what I think is going to be a tremendous traffic generator. A
collector into this particular spot. Business Week in the last month had an
article that indicated that miniature golf courses are doing quite well. I
think we see an example of that on TH 7 and TH 101 and I think we should view
' this as a permanent structure and not as a temporary structure until something
better comes along. I don't know that we've done a traffic study. Have we
done a traffic study?
Barbara Dacy: No we have not for this.
' Councilman Boyt: I gather that we're saying we're preparing to approve
something that I think will generate a great deal of traffic. Is a county
study done?
' Barbara Dacy: The County has reviewed the site plan. Their recommendation
was that the access be located 300 feet to the north of the intersection.
Councilman Boyt: Maybe people who are more familiar with that particular
intersection than I am can add to more that.
' Barbara Dacy: We do have books upstairs from the Institute of Traffic
Engineers that estimate the amount of traffic to be generated from miniature
golf courses and retail uses and so on. I think when we went to through the
process last spring the major concern was the batting building because that
' would generate more traffic on a consistent basis. The miniature golf course
traffic would be seasonal in nature. Peak periods would be on Saturday and
Sunday and evenings.
Councilman Boyt: You're saying when the traffic load would tend to be lighter
on TH 5, this...
' Barbara Dacy: It's considerably less than a retail use or commercial
recreational use.
' Councilman Boyt: You don't consider this to be comparable with a retail use?
Mayor Hamilton: I guess if we did a traffic study it would probably show us
what we already know and that's that TH 5 is overused and if we have another
use along the highway it's going to continue to overload it some more. I have
no other comments on the two proposed items before us.
' Councilman Boyt: Then we're saying we make this amendment that anyone in the
agricultural area can come in and apply for a miniature golf course and a golf
driving range?
' 26
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City Council Meeting - November 16, 1987
Mayor Hamilton: Right, as a conditional use.
Councilman Boyt: And basically we can only turn down a conditional use '
request when there is some overriding concern. We can't do it because the
neighbors don't want it there?
Mayor Hamilton: Conditional use has always given us a great deal of latitude.
Roger Knutson: You have a good discretion on it. You can't turn it down
because the neighbors don't like it. They frown on that. You have to
exercise your own judgment.
Mayor Hamilton: That's true Bill. Unfortunately that's the case. '
Councilman Horn: I believe that one of the requirements we put on here is
that it be located adjacent to a major road with an off street access.
Councilman Johnson: From a collector or an arterial. Not just an off-street
access. '
Councilman Horn: Which will limit it to some degree.
Councilman Johnson: There aren't that many sites who could develop this. We
specified TH 5 and TH 212. - We're not opening this up to the entire A-2
district.
Mayor Hamilton moved, Councilman Horn seconded to approve the Zoning Ordinance
Amendment Request #82-4 to amend Article V, Section 3(4) to allow golf driving
ranges with or without miniature gold courses as a conditional use in the A-2,
Agricultural Estate District and to amend Article V, Section 9(14) to allow
standards for golf driving ranges with or without miniature golf courses:
1. The location of the driving range is limited to being adjacent to '
TH 5 and TH 212 and access must be from a collector or arterial which
leads to TH 5 or TH 212.
2. Hours of operation shall be from sunrise to sunset.
3. Provision of adequate parking areas and submission of landscaping
plan in conformance with Article VIII of the Zoning Ordinance.
4. No site shall be located within 500 feet of a single family
residence.
5. ' The building to be constructed on any site would be a maximum of 800
square feet and shall be painted in earth tones. '
All voted in favor and motion carried.
1 Mayor Hamilton: Item b is to approve the Conditional Use Permit document.
The applicant has said that he hasn't reviewed the 10 items. Is there a
motion to handle item 6(b)?
27
City Council Meeting - November 16, 1987
Councilman Johnson: Did the applicant get this?
Mayor Hamilton: I don't think so. You've been working with him rather
closely, it's hard to believe he hasn't.
' Barbara Dacy: I know the packet was sent out to you on Friday. You have not
received it?
John Pryzmus: I've been out working at the site so I haven't gotten my mail.
Barbara Dacy: It was sent to the Saratoga Drive address.
Councilman Johnson: While we have a slight break here, Bill was talking about
the wetlands down there. By improving the wetlands, I do have a slight
' opinion on that. If we're not building the batting cage, which at this time
we aren't, our amount of impervious surface being added to the area are
minimal. The amount of increase runoff that would require an increased
holding pond should be minimal. If we can keep that area as an infiltration
' area versus a holding pond area, I personally believe it would be best served
to keep it in the same use as what nature has it now. Not necessarily making
a holding pond in a wetland is an improvement to the wetland in my opinion.
' Certain wetlands have certain purposes. This wetland and the area adjacent to
it appears to be a infiltration area. Unfortunately there's about a foot of
dirt in many areas on top of what used to be the wetlands but I think if we
' dug deep enough we would find the wetland that was there. At this time, if we
had approved the other building there, then I would be insisting upon a
holding pond to slow down the runoff going into the creek there but at this
time I don't think there's a great need to try to improve that wetland. When
' you try to improve something, you sometimes may screw it up.
Councilman Horn: It's already broken.
Mayor Hamilton: But it's broken like Clark says. It could be improved I
would think dramatically because if you walk back there there's nothing there
and it could be improved to be something.
' Councilman Johnson: Aesthetically yes but hydraulically I'm not sure if the
improvement will be any different. I haven't seen any facts or figures to say
' it. As an area of infiltration and recharge of ground water, it will continue
function as such. You put it in as a pond and we have a better mosquito
breeding area.
' Councilman Boyt: The holding pond isn't in the condition in the condition as
it stands. I would like to see it put in. I think it could help it improve .
Mr. Pryzmus seems be willing to put it in. Is it acceptable to amend the
' wetland alteration permit?
the
' Councilman Johnson: We denied it.
Barbara Dacy: If you wanted to provide for a conditional use permit, you
could include it in condition number 1 by saying, submission of a revised
28
City Council Meeting - November 16, 1987
grading plan by December 1st indicating location of a holding pond.
Mayor Hamilton: I guess I was thinking of the same thing but I would like to
see John be encouraged to come back and request a wetland alteration permit
again showing what he's going to do with the pond. I guess I'd kind of like
to see because you at one time agreed that you would do that. Just improve
the pond in the north end. Then we would have some idea of what it's going to
look like and what he's going to do because I think you would still like to
have a permit.
John Pryzmus: I'm working with Bill Engelhardt right now and we're working on
the changeover from the filled in areas to put a pond in there and have him
and the DNR decide how big and whether they think it should be there.
Mayor Hamilton: Okay, and then that could be a part of your request for a
wetland alteration permit coming back to us at another time.
John Pryzmus: It would be nice to have that as a condition if you'd let me
have my batting building. 1
Mayor Hamilton: There's no reason, if you want you can ask for both of those
again. I can't tell you to or not to but if that's something you want to do,
that's something you have to decide if you want to come back and request one
or either or both, that's up to you to make that request.
Councilman Johnson: John, do you want this pond?
John Pryzmus: I think as far as from the area, the pond isn't going to hurt
me. 1
Councilman Johnson: What about the septic systems? You talked about the
conversion there to a holding tank versus a septic system. 1
Barbara Dacy: No, there's no change proposed with that. Conditions 4 and 5
remain the same.
Councilman Horn: We could include an asphalt curb.
Councilman Johnson: I prefer to get sheet flow off of the parking area. 1
Mayor Hamilton: I would too. I don't know that much about water runoff but
it would seem that if you have water running off, don't you decrease the
amount of velocity coming off of an area by doing that. That's what we're
always trying to do.
Barbara Dacy: That be addressed and reviewed by staff. 1
Mayor Hamilton: It seems like we always talk about decreasing the velocity
and that would seem like that might do that. Maybe it doesn't, I don't know.
Councilman Horn: Let's leave off everything with curbs.
1
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City Council Meeting - November 16, 1987
Gary Warren: We'll look at that with the plans that come in.
' Mayor Hamilton: I guess I'd be curious to know if it does or doesn't.
Councilman Horn moved, Mayor Hamilton seconded to approve the Conditional Use
' Permit Document as presented with the following amendment to the first
condition:
' 1. Submission of a revised grading plan by December 1, 1987 showing the
proposed limits of grading, methods of erosion control where
necessary, indicating the revised size and location of the parking
lot and club house and 150 feet from the centerline of County Road
' 117, and proposed berm areas around the putting green and miniature
golf course area. The parking lot shall be paved. City Staff shall
review and approve said plan prior to activity occurring on the site.
' All voted in favor and motion carried.
' CONSIDERATION OF ALLOWING HUNTING NORTH OF TH 5, DNR CONTROLLED GOOSE HUNT.
Mayor Hamilton: We've had an opportunity to see one of these previously and
' Jim has made some recommendations to us. Reading through Jim's
recommendations saying the ultimate solution though may be the elimination of
hunting all together within the city limits of Chanhassen I couldn't agree
' with less. I don't think that's the ultimate solution at all. There are
areas in the city where you can hunt especially around Rice Marsh Lake or
swamp or whatever you call it. There are a number of areas south of TH 5 that
' are certainly acceptable for shotgun hunting of birds and fowl but perhaps not
any longer of deer. Although there is enough open space so I think slug
hunting is probably pretty safe also but to get to the real problem, these dog
gone geese. Personally I guess, unless everybody wants a report from Jim, I
' would really like to see us just say no hunting north of TH 5 period. Whether
it's a special hunt or non-special hunt so you don't run into the same
problems we did last time. That was a mess.
' Councilman Boyt: I think that we have a tremendous problem with the geese in
this city. As much as I like to see them fly, I understand that a good many
people don't like to see them on their yard and what they leave behind. I
would think that it is a difficult issue where we allow people to hunt north
of TH 5. I agree with you by the way on hunting south of TH 5. I think that
there are still some areas where people should be able to hunt in Chanhassen
given the level of development as it is right now. I would like to see us
look at some sort of reasonable guideline that Mr. Chaffee could use in doing
a preliminary screen on a request. Whether it's north or south. I would
' think something in the neighborhood of 1,000 yards from any home.
Mayor Hamilton: Feet or yards?
Councilman Boyt: No, yards. The reason I say yards is because that's
basically the maximum carrying distance of a shotgun. It's not going to carry
there with any ability to do anything. Gentlemen, I can assure that if you
30
CITY OF CHANHASSEN
i
CARVER AND HENNEPIN COUNTIES, MINNESOTA
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: T.R. I. Properties, Inc.
2. Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
See attached Exhibit "A" . '
1
3 . Conditions . The permit is issued subject to the
following conditions : See attached Exhibit "B" .
4. Termination of Permit. The City may revoke the
permit following a public hearing under any of the following
circumstances : material change of condition '
g of the neighborhood
where the use is located; violation of the terms of the permit.
Yfrgr-iVe691//24 9 I
•1 ' : 4:
5. Criminal Penalty. Violation,.of the terms of this
IIconditiona� use permit is a criminal misdemeanor. -
I - Dated: LCD- ,-; =A, l', /91 3 .
II CITY OF CHANHASSEN
I \ --4 //
.'/ , • .t
i
By: /th/ a+
Its Mayor
II By:
Its City Manager
STATE OF MINNESOTA) '
I ) ss
COUNTY OF CARVER )
1 The foregoing instrument was acknowledged before me this
n ' day of ,(;{�r,c.,.,.,i<..L..� , l93, by Thomas L. Hamilton, _
I Mayor , and Don Ashworth, City Manager of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
I
4424-'-1,fatIA-e.e LA-44-(d ii"--'
Notary CPubila
I
• <..w..:;\ KAREN J. ENGELHARDT I
k41 ii..Ck NOTAFry PUBLIC-M'NNESOTA
:..- CA�ivi=R COUNTY 2
`' ..:` My Commission Expires Oct. 11 1985
I
I
I
I
1 .
EXHIBIT A , • , 1
h
that part of the Southwest Quarter :of the Southwest
unship 116 , ZanS 23 and the NorJ31Lst Quarter of Section 10 ,
Section L5 , Township 116 , Range 23 , Carver of the Northwest Quarter of 1
follows : er County , Minnesota , described as
Beginning at the southwest corner of said Section 10 ; thence II
n
bearing of North 1 degree 56 minutes 40 seconds West along the west a
said Southwest Quarter , a distancertf 1025 . 89 feet ; thence South 79 degrees
32 minutes 20 seconds East , n dl at:nncc_� oC 177 .77 feet ; thence South RI, degree!: II ru
32 minutes 20 seconds East , a distance of 100. 40 feet ; thence South 78 degrees
32 minutes 20 seconds East , n cl ( nt crnc e oC 194 . 14 feet ; thence South 74 clegree•t
32 minutes 20 seconds East , n distance of 150 . 00 feet ; thence South 47 degrees
17 minutes 20 ' seconds East , a distance of• 75 .43 feet ; thence North 82 degrees
42 minutes 40 seconds East , a distance 74. 98 feet ; thence—South- 58 degrees
17 minutes 20 seconds East , a distance of 84 . 58 feet ; thence South 89 degrees
17 minutes 20 seconds East , a distance of 164.63 feet ; thence South 18 degrees II
17 minutes 40 seconds West , a distance of 824 . 19 right- _
oC-•way line of Trunk Highway 5 ; thence North 85g degrees o54h minutes e50yseconds
West along said northerly right-of-way , a distance of 33 .08 feet ; thence II
South 56 degrees 40 minutes 55 seconds West along said northerly right-of-way,
a distance of 158 . 95 feet; thence North 85 degrees 54 minutes 50 seconds West
along said northerly right-of-way, a distance of 518 .22 feet to the west line
of the NOrthwest Quarter of Section- 15 , Township 116 , Range 23 ; thence North il
1 degree 37 minutes 50 seconds Westtalong said west line of the Northwest
quarter , a distance of 9 . 12 feet to the point of .beginning. This tract
contains 18 . 1 acres of land , more- or less , and is subject to right-of-way in
existing County Road and subject tO any and all easements of,.record.
1
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1
1
1
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1
II
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EXHIBIT "B"
1 .
That the applicant receive an access permit from the
Carver County Public Works Department for access onto
County Road 117.
2. That the applicant submit plans demonstrating the manner
' in which the parking area is to be constructed so as to
drain well and prevent surface material from washing or
eroding from the parking area. Said plans shall include
' the type of surface material to be used and the placement
of erosion control devices such as landscaping timbers
around the perimeter of the parking area.
' 3. The premises shall be free of litter at all times.
4 . That sanitary facilities be maintained in the form of
' satellites as shown on the proposed plan on the premises
during hours of operation.
' 5. That grounds security lighting be shielded so as not to
interfere with traffic on Highway 5 and said lighting shall
meet the approval of the City Engineer.
' 6 . That the City Council may revoke the permit upon making
a finding that any provisions of the permit have been
materially violated.
7. That the applicant comply with all applicable city
ordinances and regulations.
' 8. That the applicant comply with all applicable referral
agency rules and regulations.
9. That no alteration occur within ten feet of the edge of
the ravine area and furthermore that the property is
additionally subject to the provisions of the Shoreland
' Management Ordinance for the general development waters
of Bluff Creek.
10. That the hours of operation be restricted between the
hours of sunrise and sunset.
11 . That no food or beverage be sold on the premises and
' that no food or beverage machines, snack bars, or
electronic games are permitted.
12 . That a revised plan be submitted that will reflect the
' restrictions , conditions, and approvals of the City
Council.
I._ -