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CAS-02_PLANNING CASE NO. 2021-02CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 03/01/2021 9:06 AM Receipt No. 00464056 CLERK: kimh PAYEE: Golf Zone 825 Flying Cloud Dr Chaska MN 55318- ------------------------------------------------------ Security Escrow 2 ,500 00 Total 2,500.00 -Cash 0.00 Check 1037 2,500.00 Change 0.00 Nose r'e Wj&: Mackeuz;o yo _we( tern Katie, AQ menfovi 101 -moo - 00-�10 -SGANNEG N I �IaI �, I 11'i?5?98v t:09i901969i: 30 231 16llo Check Date: 07/15/2021 Vendor No: Go1Zon Cheek Amount: 2,500.00 Vendor Name: Golf Zone ` VendorAcctNo: Invoice Number Date Description I Amount 07132021 07/13/2021 Security Escrow Release 2,500.00 " 0 CK Elliott B. Knetsch Joel J. Jamnik Andrea \1cDowell Poehler Soren St. Stattick David S. Kendall Henn A. Schaeffer, III Alina Schwartz Shana N. Conklin James J. \longe, III Jerome \1. Porter Leah C.S1. Koch S1eagan K. Kellet Benjamin J. Corn Jared D. Shepherd Thomas J. Campbell* Roger N. Knutson* *Retired Grand Oak Office Center 1 860 Blue Gentian Road Suite 290 Eazan, Minnesota ;il21 Main: 651-4;2-5000 Fax: 6;1-2 34-62 37 www.ck-law.rom 0 PC- 3caI-cam CAMPBELL KNUTSON August 30, 2021 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed the following documents that have been recorded with Carver County: 1. Interim Use Permit #2021-13 recorded August 26, 2021 as Document No. A731731; 2. Resolution 2021-36 recorded August 5, 2021 as Document No. A730258; 3. Interim Use Permit #2-21-02 recorded August 5, 2021 as Document No. A730255; 4. Variance 2021-07A recorded August 4, 2021 as Document No. T220590; and 5. Variance 2021-10 recorded August 6, 2021 as Document No. A730353. Thank you Very truly yours, CAMPBELL KNUTSON Professional Assoc' 'on Jea son, Legal Assistant Jmo Enclosures 217591vl SCANNED CITY OF CHANHASSEN RECEIVED SEP 0 3 2011 CHANHASSEN PLANNING DEPT • • Document Number: A730255 Filed and/or Recorded on Aug 5, 202110:17 AM office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy DL Document Recording Fees $ 46.00 ------------------------------------------------------- Document Total $ 46.00 Requesting Party: City of Chanhassen Pages: 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #2021-02 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an Interim Use Permit for the operation of a golf driving range. 2. Prove . The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota The East half of the Southeast Quarter (E'h of SE 1/4) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (16) acre in the Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the Southeast Quarter (N 26 A of NW '/+ of SE '/4) of Section 35, Township 116, Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 3. Conditions. The permit is issued subject to the following conditions: 0 E 1) This Interim Use Permit will terminate 12 months after the parcels to the north across Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fire inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland Alteration Permit 98-1, and Site Plan 98-8, as restated and amended. 6) The applicant must improve the existing rain garden within the swale on the north and west side of the addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the city for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees) must be maintained within the developed area (from back of building north up to right-of-way). 8) Six over -story, deciduous trees must be planted around the parking lot. 9) A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 10) The property owner shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the city the right to hire out the work and bill the applicant and/or revoke the Interim Use Permit. 0 0 11) The building must be painted in earth tones. 12) The property owner shall submit an access permit application to Carver County Public Works. 13) Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 14) Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 15) The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. Termination of Permit. The city may revoke the permit following a public hearing for the following: 1) Violation of the conditions under which the permit was issued. 2) Upon change in the city's zoning regulations which renders the use nonconforming. 3) Upon the subdivision of the property or the alteration of the lot lines of the property. 4) The interim use is discontinued for six months. 5) City sewer is extend to the parcels to the north as described in Condition 1. 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: July 12, 2021 ``�r�,c/(06 tlt<b yrgrrr STATE OF MINNESOTA (ss. COUNTY OF CARVER CITY OF CHANHASSEN By: Elise Ryan, Mayor By: wL1 -y R* [n`u yun Laurie Hokkanen, City Manager The foregoing instrument was acknowledged before me this , (t day of �, 2021, by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Ch assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Notary KIM T. MEUWISSEN Notary Public -Minnesota MY ComnYeelon ExpM,Nn 31,2025 Dated: July 12, 2021 - CITY OF CHANHASSEN �Y YYvnyrJ„ a c ti B y: Elise Ryan, Mayor 1 _..a` ' ; Laurie Hokkanen, City Manager STATE OF MINNESOTA (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this I(Q day of 2021, by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Ch4ihassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Pub 'c DRAFTED BY: City of Chanhassen 7700 Market Boulevard WKIM T. MEUWISSENP.O. BOX 147 otary Publlc-MlnneWChanhassen, MN 55317 Ca " Mm Expku JN sr, zma (952)227-1100 0 0 • Steckling, Jean Subject: Golf Zone Nets Security Escrow Start Date: Monday, March 1, 2021 Due Date: Tuesday, March 1, 2022 Status: In Progress Percent Complete: 0% Total Work: 0 hours Actual Work: 0 hours Owner: Steckling, Jean Security Escrow for Golf Zone nets Planning Case No. 2021-02 (IUP) Receipt No. 00464056 $2,500 See MacKenzie Young -Walters for updates Golf Zone Security Escrow ... I ftAPINEg. I 'CITY OF CHANHASSEN • P 0 BOX 147 CHANHASSEN MN 55317 03/01/2021 11:29 AM Receipt No. 00464056 CLERK: kimh PAYEE: Golf Zone 825 Flying Cloud Dr Chaska MN 55318- ------------------------------------ ---------- Security EscroyNe 0 2,500.00 Total Cash Check 1037 Change 2,500.00 0.00 2,500.00 0.00 E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Brian and Keri Colvin for an amendment to Interim Use Permit #2021-02 to remove the requirement of the installation of netting at the south end of the driving range. On June 15, 2021, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use permit to remove the requirement of the installation of netting at the south end of the driving range for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed conditional use as was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided by the Land Use Plan for Agriculture and Office uses. 3. The legal description of the property is: 4. Section 20-232: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. A golf driving range operated in this location for many years without incident. No portion of the applicant's proposed use of the site differs significantly from the previous use, and no detrimental impacts are anticipated. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The City's Comprehensive Plan calls for the portion of this site outside of the floodplain to be rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a less -intensive land use designation to retain its existing zoning until municipal services are available. Additionally, the City Code permits interim uses as a mechanism for allowing "a use that is presently acceptable but that with anticipated development will not be acceptable in the future. " Since the proposed use of the site is a temporary use of the site until sewer and water becomes available, it is consistent with the Comprehensive Plan and Chapter 20 of the City Code. C. 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. The previous golf driving range operated in this area for many years without incident. The applicant is proposing to utilize the existing facilities and their proposed use of the site does not differ significantly from the previous use. The existing facilities are in keeping with the existing character of the area, and resuming operations will not impact the area's essential character. It is anticipated that once sewer and water becomes available, the site will redevelop in a manner compatible with the area's intended character. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Resuming operation of a golf driving range at this location will not be hazards to or disturb the surrounding uses (a nursery/landscaping business and motel to the north and floodplain and open spaces to the west, south, and east) as there were no issues with the previous golf driving range. It is anticipated that once sewer and water become available, this site and the properties to the north will redevelop. e. 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. The pre-existing golf driving range was adequately served by the aforementioned public facilities and services and its private well and septic system. As the applicant's proposed use is substantially similar to the previous use, no inadequacies are anticipated. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not created excessive requirements for public facilities and services, and was not detrimental to the economic welfare of the community. The applicant's operation is not expected to create a strain on public resources and is good for the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community's economic welfare. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. The conditions placed upon the permit ensure that the use of the property as a golf driving range will not impact adjoining properties or environmental resources in the manner described above. The previous golf driving range operated under broadly similar conditions for many years without incident, and resuming using the site as a golf driving range is not expected to negatively impact surrounding properties or environmental features. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The right -in right -out access to Flying Cloud Drive provides a vehicular approach which is not anticipated to create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The condition requiring netting is designed to mitigate a potential environmental impact of the driving range. The condition is intended to balance concerns over wildlife's ability transverse the property, hence the 4%z ground clearance, with the potential for stray balls ending up in the wetland or Minnesota River. j. Will be aesthetically compatible with the area. The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degrade the aesthetics of the area. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area's aesthetics. k. Will not depreciate surrounding property values. The applicant has expressed their intention to maintain the site and facilities to a high standard It is expected that an operational and well maintained business will do more to maintain the surrounding property values than a vacant building would have. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area's property values. 1. Will meet standards prescribed for certain uses as provided in this article. The applicant's proposal meets the requirements of Sec. 20-259. — Golf Driving Ranges. 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds, based on the proposed location, that: a. The use meets the standards of a conditional use permit set forth in section 20-232 of the City Code. The proposed golf driving range meets the standards for the issuance of a conditional use permit. b. The use conforms to the zoning regulations. The existing facilities and proposed use conform to the requirements of the City's zoning code. 0 • C. The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A2 zoning district. d. The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identifiable event that will trigger the termination of the IUP. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The applicant is proposing to utilize existing facilities and no new structures or modifications are proposed for the site that would impose additional costs on the public, were it to become necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the IUP. 6. The planning report #2021-02 dated June 15, 2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the amendment to the interim use permit condition removing Condition 9. Driving range nets shall comply with previous recommendations from the DNR, including the condition that the nets be 4'/2 feet off of the ground and direct the applicant to install the netting. ADOPTED by the Chanhassen Planning Commission this 15th day of June, 2021. CHANHASSEN PLANNING COMMISSION BY: �kL 2��:D an MA,U Joh o jW \ V t cf-- CVk Ai R uAnj g:\plm\2021 planning cases\2I-02 825 flying cloud dr - golf mne\jure 15 ph - amendment to iup for netsUiindings of fact.docx CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2021-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 15, 2021 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an amendment to the Interim Use Permit to remove the condition requiring the installation of driving range nets on property located at 025 Flying Cloud Drive. Zoned Agricultural Estate (A2). Applicant: Brian & Keri Colvin. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.U3/2021-02 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. To ensure an open public process, please visit the city's website (www.ci.chanhassen. mn.us/virtualmeetings) for options on how to view and Participate in City Council and Planning Commission meetings. Robert Generous Senior Planner Email: bgenerous8, ci.chanhassen.mmus Phone: 952-2271131 (Published in the Chanhassen Villager on Thursday June 03, 2021 No 4097 ) SCANNED 0 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Vera Kehl, being duty sworn on oath says that she is an authorized employee for the newspapers known as the Chaska Herald and the Chanhassen Villager 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 amended. ` r ' I (B) The printed public notice that is attached to this Affidavit and identified as No. L4o -7 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to 2, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghllkhnnopgrstuvwxyz Subscribed and swom before me on rr this day of LL rts_ , 2021 Public By:1�L z,—& Vern Kehl LAURIE A HARTMANN NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/25 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... 531.20 per column inch Maximum rate allowed by law for the above matter ................................ S31.20 per column inch Rate actually charged for the above matter .............................................. $14.74 per column inch Notice of Public Hearing Chanhassen Planning Commission M*g Date & Time: Tuesday, June 15, 2021 at 7:00 p.Rt. This hearing may not start until later in the evening, depending on the or r of thea enda. Location: Cit Hall Council Chambers, 7700 M rket Blvd. Public Visit (www.ci.chanhassen mn.us/virtualmeetinns) for options on Partici ation: how to view and participate in Planning Commission meetings. Consider a request for an amendment to the Interim Use Proposal: Permit to remove the condition requiring the installation of driving range nets. Zoned Agricultural Estate (A2). Pro rty Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) ' Location: A location map Is on the reverse side of A notice. The purpose of this public hearing is to inform you about the 4 request and to obtain input from the neighborhood about this project.,, Duiing the meeting, the Chair will lead the public hearin Ithrough the following What Happens steps: at the Meeting: 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. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.usl2021-02. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bQenerous(Dci.chanhassen.mn.us or Comments: by phone at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to Www.ci.chanhassen.mn.us/notifyme to sign up! City Review ProceUere: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Reamings, Comprehensive Plan Amendments and 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 Vs, application in writing. Any interested party is invited to attend the meeting. • Stafi prepares a repot W the sublet application that incudes all Pertinent information and a recommendation. These reports are available by request Al the Planning Commission meeting, staff will give a verbal ovanrew of the report and a recommendation The item will be opecetl far ds, public m speak about the proposal as a part of the heanng process. The Commission will close me Public hearing antl 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. Remnings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/mdustnal. • Minnesota State Statute 519 d within requires all applications to be processed 6) 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 though the process should checlG with the Planning Department regarding its status and srne iuling for the City Council meeting. • A neighborhood spokesperso✓representative is encouraged to provide a contact for the city Often developers are encouraged to ns,et wth the neighborhood re Ming 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 tices not. Minutes are taken and any corresporc ecce regarding the application will be included in the repot to the City Carnal. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. 13 This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. J j��ulC City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 ,kPJFS PAST A"9 G rT -'W vlrwcr eowea or 1 P $ 000-51; 0000939643 JUN 03 2021 MAILED FROM ZIP CODE 5537 SCANNEDrWD 0006/13 }21 hill X!E S53 FE l RETURN TO SENDER NOT CEL:VER A6iE AS AVUR'551ED ,J -ABI -F- TO FORWARD BC 55317014747 *2178-0923119-03-49 1. 11.1 11..11 111.11,1, 1111111 1 1 111111't f't, fil il�if uir 11111111{{{{ i{11 {1� X111 1{ 1 1 1 RAIN SNOW OR SHINE GOLF LLC 791 CHERRYWOOD LN WACONIA, 111 55387 Z-7- �ilg3 EiT (1a aC h1l11111"11-11111111111111101111111111LI1u11111prnnrilH11 Notice of Public Hearing Chanhassen Planning Commission h•ng Date & Time: Tuesday, June 15, 2021+at 7:00p. M. This hearing may not start until later in the evening. del*ntlidg on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Public Visit (www.ci.chanhassen.mn.us/virtualmeetinas) for options on Participation: how to view and participate in Planning Commission meetings. Consider a request for an amendment to the Interim Use Proposal: Permit to remove the condition requiring the installation of driving range nets. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map is on the reverse sideofthis notice. 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 hearina.Viipugh the following What Happens steps: at the Meeting: 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. a. Public hearing is closed and the Commission discusses _ the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerousCaaci.chanhassen.mn.us or Comments: by phone at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! Ciry Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Cadilio al and Interim Uses, Wetland Alterations, Rezonirgs, Comprehensive Plan Amendments and 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 Me application in writing Any interested party is Invited to attend the meeting. • Staff prepares a report on Me subject application that 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 pudic to speak about the proposal as a part of the he nN process The Commission will Gose the public heanrtg and discuss the item and make a recommendation to the City Council The Ciry Counal may reverse. afirm or modify wholly or partly Me Planning Commission s recommendation Rezoniigs, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercaVmdustral. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standar. 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 Me City Council meeting. • A neighborhood spokesperson representative Is encouraged to provides contactforMe city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persoms). • Because the Planning Commission holds the public hearing. the City Council does not. Minutes are taken and any conte por d ce regarding the application will be included in the report to the City Council. H you wish to have something to be included in the report, please contact the Planning Staff person named on the notification This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. City of Chanhassen 7700 Market Boulevard PO Box 147 s Chanhassen, MN 55317 c� FORWARD TLUR YE E4XP 1 52'8r $805J08j'"Z1 3 QNGRI s rAL F- RTN TO SEND 3895 LONE CEDAR LN iil'1"il"1`Illi"I"11111iiiill1 1111 i" iiiii,iiiii,hili" ALAN L JONGERIUS 1190 BLUFF CREEK DR CHASKA, MN 55318-9515 ?�i'9�11-Pik;_; �IILLrlri�l�l��'1'11�11'i'III"III�I�'ll'1'llll"III�II�I�'ll'� 40 PSES POST'M rirxcr eowca }, 02 l f • $ 000.510 •0000939643 JUN 03 2021 MAILED FROM ZIP CODE 55317 City of Chanhassen 7700 Market Boulevard PO Box 147 s Chanhassen, MN 55317 c� FORWARD TLUR YE E4XP 1 52'8r $805J08j'"Z1 3 QNGRI s rAL F- RTN TO SEND 3895 LONE CEDAR LN iil'1"il"1`Illi"I"11111iiiill1 1111 i" iiiii,iiiii,hili" ALAN L JONGERIUS 1190 BLUFF CREEK DR CHASKA, MN 55318-9515 ?�i'9�11-Pik;_; �IILLrlri�l�l��'1'11�11'i'III"III�I�'ll'1'llll"III�II�I�'ll'� 40 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being fust duly swom, on oath deposes that she is and was on June 3, 2021, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a Public Hearing to consider a request for an amendment to the Interim Use Permit to remove the condition requiring the installation of driving range nets on property located at 825 Flying Cloud Drive (Golf Zone), zoned Agricultural Estate District (A2), Planning Case No. 2021-02, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim If. Meuwissen, Deputy lerk Subs;rilted and s orn to before me thi day o 12021. (Seal) BEAN M STECKL(NG f 3 `-Q Notary Public Notary PubUo-Myx>�8 SCANNED This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error freeand the City does not represent that the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. 0 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 15, 2021 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Public Visit (www.ci.chanhassen.mn.us/virtualmeetings) for options on Participation: how to view and participate in Planning Commission meetings. Consider a request for an amendment to the Interim Use Proposal: Permit to remove the condition requiring the installation of drivin ran a nets. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map Is on the reverse side of this notice. 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 What Happens steps: at the Meeting: 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. _ If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerousicDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at the city's Agendas & Minutes webpage the Thursday prior NEWI Sign up to receive email and/or text notifications when meeting agendas, to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! Cly Review Procedure: • Subdivisions. Planned Unit Developments. Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Razonirgs, Comprehensive Plan Amendments and 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 that 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 reverseaff rm or modify wholly or partly the Planning Commissions recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Counol except rezonings ant land use amendments from residential to Commercuthridustnal. • Minnesota State Statute 519 99 requires all applications to be processed within W 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 ant scooduling for the City Counml meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is else 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 Councila you wish to have something to be included in the report, lease Contact the Planning Staff person named on the notification, Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 15, 2021 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda, Location: City Hall Council Chambers, 7700 Market Blvd. Public Visit (www.i.chanhassen.mn.us/virtualmeetings) for options on Participation: how to view and participate in Planning Commission meetings. Consider a request for an amendment to the Interim Use Proposal: Permit to remove the condition requiring the installation of driving range nets. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about 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 What Happens steps: at the Meeting: 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. If you want to see the plans before the meeting, please visit the city's projects web page at: www.c!.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous(Mci.chanhassen.mmus or by phone at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the Agendas & Minutes webpage the Thursday city's ori to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and interim Uses. Wetland Alterations, RezOnings, Comprehensive Plan Amendments and 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 Me subject application Net 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, affern or modify wholly or partly the Planning Commission'a recommendation. Recommits, land use and code amendments take a simple majority vole of the City Council except rezonings and land use amendments from residential to Commerclallindustrial. • Minnesota State Statute 519.99 requires all applications to W 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 Wes 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, lease contact the Planning Stell person named on the notification TAX -NAME GORAN PUJIC ALAN LJONGERIUS HEIDI R MOE SKIP S COOK PETERSON FARM HOLDING NO 3 LP STATE OF MINNESOTA - DNR CARVER COUNTY RAIN SNOW OR SHINE GOLF LLC HAGEN LAWN & LANDSCAPE LLC TAX -ADD -Ll 1161 BLUFF CREEK DR 1190 BLUFF CREEK DR 1425 BLUFF CREEK DR 15506 VILLAGE WOODS DR 15900 FLYING CLOUD DR 500 LAFAYETTE RD 602 4TH ST E 791 CHERRYWOOD LN 850 FLYING CLOUD DR TAX -ADD -1-2 CHASKA, MN 55318- CHASKA, MN 55318-9515 CHASKA, MN 55318-9515 EDEN PRAIRIE, MN 55347-1439 EDEN PRAIRIE, MN 55347-4047 ST PAUL, MN 55155-4030 CHASKA, MN 55318-2102 WACONIA, MN 55387- CHASKA, MN 55318-9503 SITEADD PIN 1161 BLUFF CREEK DR 250350800 1190 BLUFF CREEK DR 250350700 1201 BLUFF CREEK DR 250350500 780 FLYING CLOUD DR 250351300 250020200 250020300 250351000 825 FLYING CLOUD DR 250351200 850 FLYING CLOUD DR 250351710 • • 0 • CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2021-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 15, 2021 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an amendment to the Interim Use Permit to remove the condition requiring the installation of driving range nets on property located at 825 Flying Cloud Drive. Zoned Agricultural Estate (A2). Applicant: Brian & Keri Colvin. Project documents for this request are available for public review on the city's website at www.ci.chanhassen.mn.us/2021-02 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. To ensure an open public process, please visit www.ci.chanhassen.mn.us/virtualmeetings for options on how to view and participate in City Council and Planning Commission meetings. Robert Generous Senior Planner Email: bgenerousAci.chanhassen.mmus Phone: 952-227-1131 (Publish in the Chanhassen Villager on June 3, 2020) scjvtt M gAplan`2021 planning cases 21A2 825 flying cloud dr -golf zon6june 15 ph -amendment to iup for nets,ph notice to villager - golfzonenel.dccx COMMUNITY DEVELOPMENT DIVIRTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CI�NNSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: May 24, 2021 June 3, 2021 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 mwalters@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: June 15, 2021 at 7:00 p.m. June 28, 2021 at 7:00 p.m. July 13, 2021 Application: Request to consider an amendment to the Interim Use Permit to remove the condition requiring the installation of driving range nets on property located at 825 Flying Cloud Drive (Golf Zone). Zoned: Agricultural Estate (A2). Applicant: Brian & Keri Colvin Planning Case: 2021-02 Web Page: www.ci.chanhassen.mn.us/2021-02 In order for staff 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, stormwater 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. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ® US Fish & Wildlife ❑ Eden Prairie ® Engineering ❑ Jackson Township ® Fire Watershed Districts: ❑ Minnetonka ® Forester El Shorewood ® Park Director L] Carver County E] Victoria r ® Water Resources ® Lower River El Law Enforcement E] Minnehaha Creek Adjacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver CouCountyAg[j Hennepinencies: Utilities: ❑ Scott ❑ Community Development ❑ Cable N — Mediawm ❑ EngineerSchool Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley El Historical Society E] Electric — Xcel Energy El Eastern Carver County 112 El Parks ❑ Magellan Pipeline E]Minnetonka 276 ❑ Soil &Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority E]MN Landscape Arboretum ❑ Health El Historical Society ❑ SouthWest Transit ❑ TC&W Railroad Natural Resources -Forestry ❑ ® Natural Resources -Hydrology ❑ Pollution Control SCANNED ❑ Transportation COMMUNITY DEVELOPMENT DEWTMENT Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 Submittal Date: CITY OF CBANAASSEN APPLICATION FOR DEVELOPMENT REVIEW PC Date: v I l CC Date: l I L( I I 60 -Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment .........................$600 ❑ Create 3 lots or less ........................................ ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others ......................................................... $425 Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)..................$750 ❑ Minor Amendment to existing PUD .................$100 ❑ All Others ......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: thousand square feet) *Include number of ezistina employees: *Include number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. W per address L— addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: InformationSection 2: ReClUired Description of Proposal: Amend iup conditions Property Address or Location: Parcel #: Legal Description: 825 Flying cloud dr. Chaska, MN 55318 east half of southeast quarter of section35 Total Acreage: 98.10 Wetlands Present? ® Yes ❑ No Present Zoning: Agricultural Estate District (A2) Q Requested Zoning: Select One Present Land Use Designation: Agriculture 0 Requested Land Use Designation: Agriculture 0 Existing Use of Property: Driving Range Check box if separate narrative is attached. ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot blots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)* *Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way ('VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. W per address L— addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: InformationSection 2: ReClUired Description of Proposal: Amend iup conditions Property Address or Location: Parcel #: Legal Description: 825 Flying cloud dr. Chaska, MN 55318 east half of southeast quarter of section35 Total Acreage: 98.10 Wetlands Present? ® Yes ❑ No Present Zoning: Agricultural Estate District (A2) Q Requested Zoning: Select One Present Land Use Designation: Agriculture 0 Requested Land Use Designation: Agriculture 0 Existing Use of Property: Driving Range Check box if separate narrative is attached. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the parry whom the City should contact regarding any matter pertaining to 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Brian Colvin Contact: Address: 14870 maple trail se Phone: City/State/Zip: prior lake, MN 55372 Cell: (651) 558-7882 Email: golfzone24@gmail.com Fax: Signature: 1 Date: 5/25/20 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: X Property Owner Via: ® Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMR FORM 0 0 Golf Zone is asking to amend the request of netting at the back of its driving range and operate as they have for the last 60 days. The netting is asked to be put up at 230 yards to stop balls from entering the wetlands, which start at 400 yards away. We have had over 6000 golfers hit over an estimated 10 million balls in the last 60 days and 100% have not exceeded 300 yards. Many facts will explain why hitting over the 300 yard mark doesn't happen. The average golfer who hits his driver, which is the longest club in the golf bag averages a 208 yard carry which will have a total distance of 222 yards versus a PGA tour player who has a 275 yd carry and a 305 yd total, (facts taking from Trackman Technologies) therefore either player would not be able to make it to the wetlands from the hitting area. Also, the use of driving range balls which are only a one piece ball that has less dimples and inner core which travels 5-10 yards less versus a real golf ball that is a four or five piece ball and when hit in colder temperatures has a one yard loss for every ten degrees in change, which means during our winter hours our range balls are travel an additional 4-7 yards less, making it impossible to reach the wetland area. Furthemore, balls are 100% clean picked on a daily basis by machine and hand. We have two machines picking and 5-6 employees walking the range with ball pluggers to pick what the machine cannot. In addition, this business had operated for 10 years without the use of nets and when the site visit was conducted in 2020, they were unable to find one single ball. This was stated in the Jan 5 planning commission minutes when the site visit was completed in the fall of 2020 by city staff members, to which they stated: o "We looked around for golf balls to see if any were still lying around and couldn't find any." o "The wetland boundary is located well off where most people are capable of hitting the golf ball." Finally, As an avid outdoorsman and for the concern of the wildlife, if I had any evidence proving that the range balls would invade the wetland area and prove to be detrimental to our wildlife, the Golf Zone would not contest the need for nets. 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING ELECTRONIC MEETING NOTICE IS HEREBY GIVEN that the Chanhassen Planning Affidavit of Publication Commission will hold a public hearing on Tuesday, April 20, Cha beers in as Council Southwest News Media Chambers in Chanhassen City Hall, 7700 Market Boulevard. The Purpose of this hearing is to consider amending Chapter 20, State of Minnesota) Zoning, of the Chanhassen City Code as follows: )SS. Allowing Golf Driving Ranges to apply for and receive County of Carver ) a wine license and revising operating hours and other issuance restrictions The proposed changes are available for public review at VeraKchl, being duly sworn on oath says that she is an authorized employee for the newspapers City Hall during regular business known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts hours or on the city's website herein stated as follows: at www.ci.chanhassen.mn.us/ Pending. All interested persons (A) These newspapers have complied with the requirements constituting qualification as a legal are invited to attend this public newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as hearing and express their amended. opinions with respect to this Proposal. ELECTRONIC MEETING (B) The printed public notice that is attached to this Affidavit and identified as No. 44O I INFORMATION was published on the date or dates and in the newspaper stated in the attached Notice and said Some or all members of Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the Planning Commission will the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Participate in tivsmeetingviaweb inclusive, and is hereby acknowledged as being the kind and size of type used in the composition conference or telephone rather and publication of the Notice: than by being personally Present at its regular meeting place in the abcdefghijklmnopgrstuvwxyz Council Chambers, 7700 Market Boulevard, Chanhassen, MN / 55317. The city has determined By. //�� ( that in -Person meetings are not Vera Kehl practical or prudent because of a health pandemic at this time- Members of the public can monitor this meeting video and Subscribed and sworn before me on audio by watching the meeting on Mediacom Cable Channel 107.2 or livestream on the city's Q -1N website a das. Those who wijn this U day of A�, 2021 mn.us/agendas. Those who wish to provide comments during the Public hearing portion of x• the meeting can do so by calling =HARTMANN952-227-1630. Calls will be takenand heard by the Planning f ', AConmissionintheorderneceived. tary Public Comments can also be emailed to 1/25 Pecomments@ci.chanhassen- mn.us until 6:00 p.m. on the day of the meeting and will be included as a part of the Planning Commission meeting (This is the Planning Commission's preferred RATE INFORMATION method of public participation.) Kate Aanenson Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Email: kaanenson@ Maximum rate allowed by law for the above matter ................................ $31.20 per column inch ci.chanbassen.mmus Rate actually charged for the above matter .............................................. $14.74 per column inch Phone: 952-227.1139 (Published in the Chanhassen Pillager on Thursday April g, 2021' No.4016 ) SCANUM Roger N. Knutson Elliott B. Knetsch Joel J.Jamnik Andrea McDowell Poehler Soren M. Mattick David S. Kendall Henry A. Schaeffer, III Alin Schwartz Shana N. Conklin James J. Monge, III Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* *Retired 0 9 CAMPBELL KNUTSON February 9, 2021 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed, for the City's files, the following documents which have been erecorded with Carver County: 1. Interim Use Permit 2021-03 recorded February 3, 2021 as document number A716938; 2. Interim Use Permit 021-02 recorded February 5, 2021 as document number A717108; 3. Variance 2021-07 recorded February 2, 2021 as document number T217799; 4. Variance 2021-06 recorded February 2, 2021 as document number A716771; 5. Variance 2021-05 recorded January 20, 2021 as document number T217577; 6. Variance 2021-01 recorded January 20, 2021 as document number A715721. Thank you. Very truly yours, CITY OF CHANHASSEN CAMPBELL KNUTSON RECEIVED Professional Association FEB 12 2021 CHANHMEN PLANNING DEPT Jean Ison, e Ass' t ijmo Enclosures B V&.7;D 2oo7&6v5 • • Document Number: A717108 Filed and/or Recorded on Feb 5, 2021 12:24 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy KL Document Recording Fees $ 46.00 -------------------------------------------------------- Document Total $ 46.00 Requesting Party: City of Chanhassen Pages: 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #2021-02 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an Interim Use Permit for the operation of a golf driving range. 2. Prove . The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: The East half of the Southeast Quarter (E'/� of SE 1/4) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (`/z) acre in the Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the Southeast Quarter (N 26 A of NW '/4 of SE 1/4) of Section 35, Township 116, Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23 West which point bears West 30 rods from the Northeast comer of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 3. Conditions. The permit is issued subject to the following conditions: E 0 1) This Interim Use Permit will terminate 12 months after the parcels to the north across Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fire inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland Alteration Permit 98-1, and Site Plan 98-8, as restated and amended. 6) The applicant must improve the existing rain garden within the swale on the north and west side of the addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the city for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees) must be maintained within the developed area (from back of building north up to right-of-way). 8) Six over -story, deciduous trees must be planted around the parking lot. 9) Driving range nets complying with pervious recommendations from the DNR shall be installed by June 14, 2021. A $2,500 escrow shall be provided to ensure that the nets are installed and that all stray golf balls are collected from the floodplain. 10) A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 11) The property owner shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage 0 improvement shall give the city the right to hire out the work and bill the applicant and/or revoke the Interim Use Permit. 12) The building must be painted in earth tones. 13) The property owner shall submit an access pemdt application to Carver County Public Works. 14) Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 15) Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 16) The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. Termination of Permit. The city may revoke the permit following a public hearing for the following: 1) Violation of the conditions under which the permit was issued. 2) Upon change in the city's zoning regulations which renders the use nonconforming. 3) Upon the subdivision of the property or the alteration of the lot lines of the property. 4) The interim use is discontinued for six months. 5) City sewer is extend to the parcels to the north as described in Condition 1. 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. 0 • Dated: January25, 2021 17, C7 r r6r ,r �TYa ,ai STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) CITY OF CHANHASSEN By:5t^_/ Elise Ryan, Mayor y Heather Johnston terim City Manager The foregoing instrument was acknowledged before me thisday of 2021, by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Chanhas en, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. , DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 El KIM T. MEUWISSEN Notary Public -Minnesota 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #2021-02 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an Interim Use Permit for the operation of a golf driving range. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: The East half of the Southeast Quarter (E %sof SE '/<) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (%Z) acre in the Northeast Corner, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the Southeast Quarter (N 26 A of NW `/, of SE 1/4) of Section 35, Township 116, Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 3. Conditions. The permit is issued subject to the following conditions: E 1) This Interim Use Permit will terminate 12 months after the parcels to the north across Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fire inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland Alteration Permit 98-1, and Site Plan 98-8, as restated and amended. 6) The applicant must improve the existing rain garden within the swale on the north and west side of the addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the city for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees) must be maintained within the developed area (from back of building north up to right-of-way). 8) Six over -story, deciduous trees must be planted around the parking lot. 9) Driving range nets complying with pervious recommendations from the DNR shall be installed by June 14, 2021. A $2,500 escrow shall be provided to ensure that the nets are installed and that all stray golf balls are collected from the floodplain. 10) A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 11) The property owner shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage 0 • improvement shall give the city the right to hire out the work and bill the applicant and/or revoke the Interim Use Permit. 12) The building must be painted in earth tones. 13) The property owner shall submit an access permit application to Carver County Public Works. 14) Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 15) Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 16) The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. Termination of Permit. The city may revoke the permit following a public hearing for the following: 1) Violation of the conditions under which the permit was issued. 2) Upon change in the city's zoning regulations which renders the use nonconforming. 3) Upon the subdivision of the property or the alteration of the lot lines of the property. 4) The interim use is discontinued for six months. 5) City sewer is extend to the parcels to the north as described in Condition 1. 5. Laase. 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. L1 Dated: January 25, 2021 1611U1ttrttt�, r L�rr •• STATE OF MINNESOTA (ss. COUNTY OF CARVER 0 CITY OF CHANHASSEN By: L,'— tom/ Elise Ryan, Mayor v! Heather Johnston, tenrn City Manager The foregoing instrument was acknowledged before me this day of 2021, by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of�n, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. BOX 147 Chanhassen, MN 55317 (952)227-1100 0 KIM T. MEUWISSEN Notary Public -Minnesota Ay owwi w Expkw Jan 31. 2025 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: pc�oa►- o� Application of Brian and Keri Colvin for an Interim Use Permit to operate a golf driving range at 825 Flying Cloud Drive. On January 5, 2021, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Brain and Keri Colvin for an interim use permit for the property located at 825 Flying Could Drive preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned A2 - Agricultural Estate District. 2. The property is guided by the Land Use Plan for Office/Agricultural. 3. The legal description of the property is: See Exhibit A 4. Section 20-232: a. The proposed use will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. A golf driving range operated in this location for many years without incident. No portion of the applicant's proposed use of the site differs significantly from the previous use, and no detrimental impacts are anticipated. b. The proposed use will be consistent with the objectives of the city's Comprehensive Plan and the zoning ordinance. The City's Comprehensive Plan calls for the portion of this site outside of the floodplain to he rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a less -intensive land use designation to retain its existing zoning until municipal services are available. Additionally, the City Code permits interim uses as a mechanism for allowing "a use that is presently acceptable but that with anticipated development will not be acceptable in the future." Since the proposed use of the site is a temporary use of the site until sewer and water become available, it is consistent with the Comprehensive Plan and Chapter 20 of the City Code. SCANNED 0 • c. The proposed use 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. The previous golf driving range operated in this area for many years without incident. The applicant is proposing to utilize the existing facilities and their proposed use of the site does not differ significantly from the previous use. The existing facilities are in keeping with the existing character of the area, and resuming operations will not impact the area's essential character. It is anticipated that once sewer and water become available, the site will redevelop in a manner compatible with the area's intended character. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. Resuming operation of a golf driving range at this location will not be hazardous to or disturb the surrounding uses (a nursery/landscaping business and motel to the north and floodplain and open spaces to the west, south, and east) as there were no issues with the previous golf driving range. It is anticipated that once sewer and water become available, this site and the properties to the north will redevelop. e. The proposed use 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. The pre-existing golf driving range was adequately served by the aforementioned public facilities and services and its private well and septic system. As the applicant's proposed use is substantially similar to the previous use, no inadequacies are anticipated. f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not created excessive requirements for public facilities and services, and was not detrimental to the economic welfare of the community. The applicant's proposed resumption of operations is not expected to create a strain on public resources, and reopening a closed business is good for the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community's economic welfare. g. The proposed use 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. 0 0 The conditions placed upon the permit ensure that the use of the property as a golf driving range will not impact adjoining properties or environmental resources in the manner described above. The previous golf driving range operated under broadly similar conditions for many years without incident, and resuming the use of the site as a golf driving range is not expected to negatively impact surrounding properties or environmental features. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The right -in right -out access to Flying Cloud Drive provides a vehicular approach which is not anticipated to create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The applicant is not proposing any alterations to the site beyond what is already present. Resuming the operation of the site as a golf driving range will not result in any of the above. j. The proposed use will be aesthetically compatible with the area. The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degrade the aesthetics of the area. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area's aesthetics. k. The proposed use will not depreciate surrounding property values. The applicant has expressed their intention to maintain the site and facilities to a high standard. It is expected that an operational and well maintained business will do more to maintain the surrounding property values than a vacant building would have. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area's property values. 1. The proposed use will meet standards prescribed for certain uses as provided in Chapter 20, Article IV of the City Code. The applicant's proposal meets the requirements of Sec. 20-259. — Golf Driving Ranges. 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds, based on the proposed location, that: 0 0 a. The use meets the standards of a conditional use permit set forth in Section 20- 232 of the City Code. The proposed golf driving range meets the standards for the issuance of a conditional use permit. b. The use conforms to the zoning regulations. The existing facilities and proposed use conform to the requirements of the City's zoning code. c. The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A-2 zoning district. d. The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identifiable event that will trigger the termination of the interim use permit. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The applicant is proposing to utilize existing facilities and no new structures or modifications are proposed for the site that would impose additional costs on the public, were it to become necessary for the public to take the property in the future. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the interim use permit. 6. The Planning Commission shall recommend an interim use permit and the City Council shall issue an interim use permit only if it finds that it meets the stipulated use specific standards set forth in Section 20-259 of the City Code. The following applies to golf driving ranges with or without a miniature golf course: a. 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. 4 0 The property is located on Flying Cloud Drive, which was TH 212 at the time the ordinance was passed, and access is from Flying Cloud Drive which is classified as an arterial street. The City approved the driving range's location in IUP 98-2 and Planning Case 2006-30. b. Hours of operation shall be from sunrise to sunset. The applicant is proposing the following hours of operation: Sept I - Nov. 31 Mon loam - 7pm Tue-Fn 9am- 7pm Sat -Sun gam - 7pm Dec. l - Jan. 31 Mon l Oam - 8pm Tue-Fri 92m - Spm Sat -Sun 8am - 8pm Feb. I - May 31 Mon l Oam - 9pm Tue-Fri 92m - 9pm Sat -Sum gam - 9pm June 1- Ang. 31 Mon loam - 9pm Tue-Fri 9am - 9pm These hours are the same as the hours that were requested and found to comply with this criterion as part of Planning Case 2006-30. c. Provision of adequate parking areas and submission of landscaping plan shall be in conformance with article VIII of this chapter. Adequate parking areas are provided. The parking lot does not meet minimum requirements for landscaping; however, this deficiency can be remedied by requiring the applicant to plant six deciduous trees around the parking lot as a condition of approval. d. No site shall be located within 500 feet of a single-family residence. There are no single-family residences within 500 feet of the driving range. e. Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. Variances to exceed this standard were issued as part of Site Plan 98-8 and Planning Case 06-30. The existing buildings comply with the approved site plans and variances. f. A retail pro shop is permitted. Only prepackaged food may be sold with no commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the applicant applies for and receives approval of a liquor license in accordance with City Code. Retail sales are limited to golf -related items and the pro shop. The applicant is proposing selling prepackaged pizzas and has applied for a 3.2 malt liquor license; both of these activities conform to the requirements of this standard. All other merchandise will be limited to golf -related items or other prepackaged foods as permitted by this condition. 0 0 The planning report #2021-02, dated January 5, 2021, prepared by MacKenzie Young - Walters is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Interim Use Permit subject to the following conditions: 1) This Interim Use Permit will terminate 12 months after the parcels to the north across Flying Could Drive, 850 Flying Cloud Drive and 780 Flying Could Drive, connect to City sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fine inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland Alteration Permit 98-1, and Site Plan 98-8, as restated and amended. 6) The applicant must improve the existing rain garden within the proposed swale on the north and west side of the proposed addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the City for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees) must be maintained within the developed area (from back of building north up to right-of-way). 8) Six over story, deciduous trees must be planted around the parking lot. 9) Driving range nets shall comply with previous recommendations from the DNR, including the condition that the nets be 4%: feet off of the ground. 10) A pesticide and fertilizer maintenance program shall be submitted to the City by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 11) The property owner shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the City the right to hire out the work and bill the applicant and/or revoke the interim use permit. 12) The building must be painted in earth tones. 13) The property owner shall submit an access permit application to Carver County Public Works. 14) Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 15) Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 16) The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. ADOPTED by the Chanhassen Planning Commission this 5' day of January, 2021. CHANHASSEN PLANNING COMMISSION BY:y•� seven Weick, Ch firman gAplan\2021 planning cros\21-02 825 flying cloud dr- golf zone\mp findings of fact.docz Notice of Public Hearing •nhassen Planning Commission Meal Date 8 Time: Tuesday, January 5, 2021 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. ,_ Proposal: Consider a request for an Interim Use Permit to operate a golf driving range. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform ybu about the applicant's request and to obtain input from they neighborhood about this project. During the meeting, the Chair will lead thf public hearing through the following What Happens steps: `` at the Meeting: 1. Staff will g'1 3n overview of the ped $sed project. 2. The applican, will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact MacKenzie Questions & Young -Walters by email at mwaltersaci.chanhassen.mn.us Comments: or by phone at 952-227-1132. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday rior to the Plannin Commission meletin . NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within Soo feet of the subject site to be notified of Me application in whaling Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information aid a recommendation. Tl,eso 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 fo the public to speak about the proposal as a partof 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, ancon 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 rezcoiigs and land use amendments from readential to commocialhWustnal • Minnesota State Statute 519.99 requires all applications to be processed within W 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 spokespersonfrepresentative is encouraged to provitle 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 pason(s). • Because Me Planning Commission holds the public beenr,g, Me City Council does not. Minutes are taken and any correspondence regarding the application will be it Wed in the report to fhe City Counal. ff you wish to have someMing to be inducted in the report, lease contact the Planning Staff person named on the nwbficabon. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the user's access or use of data provided. 5i3i7>6i47 SE City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 e�0<t s P0.ST lip �..� 7 PITNEY Bow[• 02 , P $ 0007 ` 0000939643 DEC 21 W MAILED FROM ZIP CODE 55 NIXIE 553 FE 1 0012/26/20 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 553170147471 *2778-08149-21-39 I1'I!'II"!'1'!II'I"1111111'1!'rllll'I'"1lll'I'11""Orlrlll� RAIN SNOW OR SHINE GOLF LLC 791 CHERRYWOOD LN WACONIA, MN 55387 II"IIIIijflirl11111111I111II1III1'I11II11III1)111Jill rIIiIlliifi 0 Notice of Public Hearing •nhassen Planning Commission Meeti• Date & Time•' Tuesdoy, January 5, 2021 at 7:00 P.M. This hearidg-may not start until later in the evenin , depending on the o r of the agenda. Location: Cit Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a request for an Interim Use Permit to operate a off drivin ran e. Zoned Agricultural Estate (A2). Pro Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain Ihput from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens ?steps: at the Meeting: 1. Staff will give an overview of the pripose,,i pdaject. 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. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact MacKenzie Questions & Young -Walters by email at mwaltersna.ci.chanhassen.mn.us Comments: or by phone at 952-227-1132. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifvme to sign UD! • Subdivisions, Planed Unit Oeveiourr s, Site Plan Reviews, Conditional antl Interim Uses, Wetland Alteraams, Rezonirgs, Comprehensive Plan Amendments and Code Amendments require a public bearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the apoication in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that induces all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting. stag will give a verbal overview of the report and a recommerdation. The item will be opened for the public to speak about the proposal as apart of the hearing process The Commission will dose the public meaning and discuss the item and make a recommendation to the City Council. The City Council may reverse, afimn 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 resitlential to commerciaV,ndustnal • Minnesota State Stature 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 Clty Council meeting. • A neighborhood spokespersonfrepresentative 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 personls). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be induced in the report to the City Councilff you wish to have something to be induded in the report. 44N 21 pirli ^r.E -^•ded map nor a survey and is not intended to be used 'Ss3- mformation and data located in various city, RE OF ,270� -+ming the area shown, and is to t�RIV -"hat the Geographic 111S1r g,uNAI8ll6ATAtQ0 Citydoes, Ig1796 /9 %%I .zglRORw,1111,11 47 AR that the oil, agrees to defend, u,.. fill! ll'lIt till lir J8 -8g iI t by User, its employees or ages—, N'l J;; r; lgl8.. use of data provided . If111 JI21.q® ' 11't 553 f is Skil.%>{lLr. 5 OEM VIES P%, r> nirxev sowea 02 IP $ 10 00 ft 0000939643 0C 21 • MAILED FROM ZIP CODE 5 City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 9 M t 'II�IIIII III IIpill 1II11Illlur"II'III'I'III'hlyrll'lll'llllll�� Brian & Keri Colvin -. 825 Flying Cloud Drive Chaska, MN 55318 rllnPrllllllnlrpllirllirrrmitn'UIIItir,Illgnlrlt)nill � CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2021-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning, Commission will hold a public hearing on Tuesday, January 5, 2021 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an Interim Use Permit to operate a golf driving range on property located at 825 Flying Cloud Drive. Zoned Agricultural Estate (A2). Applicant: Brian & Keri Colvin. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2021-02 or at City -Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Pillager on Thursday, December 24, 2020: No. 4968) 0 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager the news- papers known as the Chaska Herald and the Chanhassen Villager 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 amended. (B) The printed public notice that is attached to this Affidavit and identified as No.y�� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abedefghiJklmnopgrstuvwxyz Laurie A. HaNnann Subscribed and sworn before me on this geday of, I ' - e Ar 020 No is RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $14.03 per column inch SCANiFD �� '.. '�.,� JYMME JEANNETTE BARK NOTARYPUBUC-MINNESOTA MY COMMISSION EXPIRES 0131123 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $14.03 per column inch SCANiFD 0 • CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2021-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 5, 2021 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an Interim Use Permit to operate a golf driving range on property located at 825 Flying Cloud Drive. Zoned Agricultural Estate (A2). Applicant: Brian & Keri Colvin. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2021-02 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwaltersOci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 24, 2020) SCANNED gAplan\2021 planning ca \21-02 825 flying cloud dr - golf zone\ph notice to villager - golfzone.docx 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being fust duly sworn, on oath deposes that she is and was on December 21, 2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a Public Hearing to consider a request for an Interim Use Permit to operate a golf driving range on property located at 825 Flying Cloud Drive. Zoned Agricultural Estate (A2), Planning Case No. 2021-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and s orn to before me this day of I 2020. T. Kim1. Meruwissen, DeputyC4ffk Notary Public (Seal) JEAN M STECKLING Notary PubNo-Wv This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are errorfree, and the City tices not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City tices not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 «TAX_NAME» ((TAX—ADD—Ll)) ((TAX—ADD—L2)) «Next Record»uTAX_NAMEu ((TAX—ADD—L1» aTAX ADD L2» Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 5, 2021 at 7:00 p.m. This hearing may not start ' until later in the evening,depending on the order of theagenda. Location: CitV Hall Council Chambers, 7700 Market Blvd. Consider a request for an Interim Use Permit to operate a Proposal: olf driving range. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map is on the reverse side of this notice. 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 What Happens steps: at the Meeting: 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. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwaltersg-)ci.chanhassen.mn.us Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/noti!yme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Ravi.., conditions and interim Uses, Welland Alterations. Rezonings, Comprehensive Plan Amendments and 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 parry is mvitetl to attend the meeting. • Staff prepares a report on the subject application that 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 me 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 coda amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commemiallindustrial. • 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 lake several months to complete. Any person wishing to follow an item through this process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood 5Pokespersontrepresemative 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 W included in the report to the City Council. H you wish to have something to be Included in the me n, lease contact the Plammmit Staff person named on the notcation. Notice of Public Hearing Chanhassen Planning Commission Meeting Date &Time: Tuesday, January 5, 2021 at 7:00 P.M. This hearing may not start until later in the evening,de en ing on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Consider a request for an Interim Use Permit to operate a Proposal: golf driving range. Zoned Agricultural Estate (A2). Property Owner: Brian & Keri Colvin Property 825 Flying Cloud Drive (Golf Zone) Location: A location map Is on the reverse side of this notice. 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 What Happens steps: at the Meeting: 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. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2021-02. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwaltersicDci chanhassen.ril Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agend� packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notityme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and 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 that includes all pertinent information and a recommendation. These reports are by Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. available request. 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 rewmmentlation. Rezonings, tend use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to cammerciallindustnal. • Minnesota Stale 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 most with the neighborhood regarding their proposal. Staff is also available to review the protect 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 CounGl. H you wish to have something to be included in the report, lease contact the Planning Stag person named on the notification. TAX -NAME GORAN PUJIC ALAN LJONGERIUS HEIDI R MOE SKIP S COOK PETERSON FARM HOLDING NO 3 LP STATE OF MINNESOTA - DNR CARVER COUNTY RAIN SNOW OR SHINE GOLF LLC HAGEN LAWN & LANDSCAPE LLC TAX -Ll TAX_ADD_1-2 SITEADD PIN -ADD 1161 BLUFF CREEK DR CHASKA, MN 55318- 1161 BLUFF CREEK DR 250350800 1190 BLUFF CREEK DR CHASKA, MN 55318-9515 1190 BLUFF CREEK DR 250350700 1425 BLUFF CREEK DR CHASKA, MN 55318-9515 1201 BLUFF CREEK DR 250350500 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347-1439 780 FLYING CLOUD DR 250351300 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347-4047 250020200 500 LAFAYETTE RD ST PAUL, MN 55155-4030 250020300 602 4TH ST E CHASKA, MN 55318-2102 250351000 791 CHERRYWOOD LN WACONIA, MN 55387- 825 FLYING CLOUD DR 250351200 850 FLYING CLOUD DR CHASKA, MN 55318-9503 850 FLYING CLOUD DR 250351710 0 • 0 • CITY OF CHANHASSEN RESTATED & AMENDED SITE PLAN PERMIT #98-8 INTERIM USE PERMIT #98-2 CONDITIONAL USE PERMIT #98-2 SPECIAL PROVISIONS AGREEMENT dated October 23, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Rain, Snow or Shine GoK LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for (referred to in this Permit as the "project"). The land is legally described as shown on attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and fiunish 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: Site Plan stamped "Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan B: Landscaping Plan stamped "Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan C: Grading, Drainage, and Erosion Control Plan dated March 13, 1998, revised August 18, 1998 prepared by Roger A. Anderson and Associates. Plan D: Floor Plan and Exterior Elevation stamped "Received August 4, 2006" prepared by Structural Buildings, Inc. 0 0 4. Time of Performance. The Developer shall install all required screening and landscaping by November 31, 2007. 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 or cash escrow ("security") in the amount of $3,300 ($1,650 for erosion control and S 1,650 for landscaping). This amount has been calculated at 110% of the actual cost to guarantee erosion control, landscaping and site restoration. 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: Rain, Snow or Shine Golf, LLC 825 Flying Cloud Drive Chaska, MN 55318 Phone: 952-445-1500 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 Blvd., P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100_ 7. Other Special Conditions. Approved Site Plan #98-8 for a golf improvement center, including Interim Use Permit 498-2 which expires in the year 2020, to allow golf and driving range in the A2 District, and a Conditional Use Permit #98-2 for alteration of a flood plain as shown on the plans dated June 22, 1998, and amended Site Plan and amended Interim Use Permit #98-2, Planning Case 92006-30, for the construction of an 11,100 square -foot addition to the principal structure requiring a 10,300 square -foot building area Variance from the 800 square -foot building area restriction for the golf driving range principal structure and a second variance request for the use of steel paneling as the primary exterior material as shown on the plans prepared by Structural Buildings Inc. stamped "Received August 4, 2006' and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC stamped "Received September 12, 2006" and subject to the following conditions: a. The building shall be painted brown. b. Lighting of the site will be limited to security lighting and parking lot lighting per city ordinance. Landscaping should be placed on the eastern side of the parking lot to screen the lot. c. Signage shall be as per City Code section 20 Article XXVI. d. The applicant will be required to plant 45 trees as replacement plantings within the proposed development. A landscape plan must be submitted to the city for approval. 0 0 e. Landscape plan shall be revised to include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot. f. The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps to reflect developed conditions. The applicant shall further define, graphically, the proposed flood plain boundary and provide justification for the changes. g. The nets shall comply with the recommendation of the DNR, including the condition that the nets be 4 �/z feet off the ground. The most westerly net shall be modified to change from 50 feet to 20 feet. h. The chemicals to be applied should be consistent with the program submitted by the applicant. Storage of all maintenance equipment and chemicals shall be out of the flood plain. i. MnDOT is recommending that the driveway be widened. A permit from MnDOT is required. j. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched or wood -fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. k. The applicant shall provide detailed storm drainage calculations for the ponds and ditch during 10 -year and 100 -year, 24-hour storm events in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall also provide normal water level and high water level elevations of the created ponds and/or ditches. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Arany Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. in. No bemring, drainage improvements or landscaping will be allowed within Trunk Highway 212 right-of-way. n. The plans shall be modified as follows: 1. The existing well shall be located and shown on the plans. 2. Relocate rock construction entrance south at a point where the existing driveway will be altered/reconstructed. 3. Demonstrate where and how much filling and excavating will occur within the flood plain, i.e. quantities of each activity. 4. Show normal and high water elevation of each pond. 3 0 0 5. Add silt fence downstream of proposed berms and practice green No. 1 in the northwest comer of the site. 6. Provide temporary and/or permanent erosion control measures around sediment pond in northeast comer of the site. Incorporate MnDOTs comments regarding widening of the driveway at Trunk Highway 212 and right-of-way identification per letter dated May 21, 1998. 8. Locate alternative mound site and preserve from construction activities. 9. Add landscape islands in parking lot. 10. Add curbs along north side of parking lot to direct runoff to sediment pond. o. The applicant shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the City the right to hire out the work and bill the applicant and/or revoke the interim use permit." p. No additional development outside the current proposal. q. The applicant shall have a fertilizer and pesticide management plan, approved by the City staff and reviewed by Fish and Wildlife and DNR to ensure minimal chemical impacts to the surrounding property (including no spraying for mosquitoes). In addition, the applicant shall provide annual soil samples before chemical are applied to demonstrate there is a need. r. The conditional use permit shall be reviewed annually on the following basis: impacts to the wildlife, the water quality, restoration after flooding and implementing a fertilizer/pesticide plan as approved by the City staff. s. The eastern wall of the proposed building lies over the well. Verify the location of the well. Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from the farthest exterior projection of a building, including walls, roofs, decks and overhangs. Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a structure. t. Note the top of curb elevation of the parking area north of the proposed building. Verify that the proposed grade in this area will not exceed 3H:1 V. u. Show the proposed pedestrian access to the new building. v. Note what the existing structure is west of the building and include a note whether this structure is to remain or will be removed. w. Note the FFE of the existing building. x. Delete or update the note on the plans that state the FFE of the I' and 2°d office buildings. y. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. z. The on-site sewage treatment system must be of complying design and of sufficient capability for the existing and proposed facility. An assessment of the existing individual sewage treatment system must be provided, in the permit application documents, verifying that the existing system is of sufficient capacity for the additional usage or a design increasing the system capacity must be provided. Such assessment and/or design to be by a licensed ISTS designer. aa. The applicant shall install a rain garden within the proposed swale on the north and west sides of the proposed addition. Plantings to be incorporated include trees, shrubs and perennials. A revised landscape plan shall be submitted to the city for approval. Note the proposed spot elevations along the rock swale. bb. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three 4' x 4' windows on the northern fagade and the exterior elevations must be revise to show four 5' x 5' windows on the western facade. cc. Any rooftop mechanical equipment must be screened from public view. dd. A trash enclosure must be shown on the site plan. ee. One additional parking stall is required. The City Council approved Wetland Alteration Permit #98-1 per the site plan subject to the following conditions: a. The applicant shall provide a buffer zone between wetlands the limits of the pitch and putt golf course. b. Wetland Conservation Act and the City of Chanbassen Surface Water Management Plan requirements. c. The applicant shall receive permits from the jurisdiction agencies such as the Army Corps of Engineers and the DNR. d. The applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. Type III erosion control fencing will be required around the existing wetlands. e. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will provide wetland buffer edge signs and charge the applicant $20 per 0 • sign. The applicant shall verify the location of these signs with the City's Water Resources Coordinator and shall install these signs before the Certificate of Occupancy is issued. f. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the applicant S20 per sign. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN W (SEAL) LM"I Tom Furlong, Mayor Todd Gerhardt, City Manager DEVELOPER: Rain, Snow or Shine Golf, LLC BY: Jeff Helstrom STATE OF MINNESOTA ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of . 20_, by Tom 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 21 Ll 0 STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_ by NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651)452-5000 0 CONSENT 0 Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, aiffim 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 20_ Its STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651)452-5000 0 • 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. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site 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 C, 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 ground cover 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 and 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 fidl compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored- After estoredAfter 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 materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 0 0 E 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. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself 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 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 Postmasters 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 10 0 • 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. Recordine. This Permit shall run with the land and may be recorded against the title to the property. 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. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 pm. 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: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 0 �J Watershed District; 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 too 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 the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 12 0 • EXHIBIT A The East half of the Southeast Quarter (E'/2 of SE 1/4) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half ('h) acre in the Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the Southeast Quarter (N 26 A of NW '/. of SE ''/a) of Section 35, Township 116, Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23 West which point bears West 30 rods from the Northeast comer of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 13 0 • EXHIBIT "A" LEGAL DESCRIPTION File No.: 2013261 The East Half of the Southeast Quarter of Section 35, Township 116 North, Range 23 West, excepting therefrom one-half acre in the northeast corner being all that part lying North of the Chaska and Shakopee Road. The North 26 acres of the Northwest Quarter of the Southeast Quarter of Section 35, Township 116 North, Range 23 West, excepting therefrom the following described parcel of land, to -wit: Commencing at a point in the center line East and West of Section 35, Township 116 North, Range 23 West, which point bears West 30 rods from the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 35; thence West 50 rods to the Quarter post; thence South on the Quarter line 40 rods to the Shakopee Road; thence Northeasterly along said road to place of beginning, situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23, And Also excepting from the above parcels those parcels of land conveyed to the State of Minnesota in that certain Warranty Deed dated January 23, 1924, recorded in the office of the Carver County Recorder on March 5, 1924 in Book 33 of Deeds, on Page 5, and in that certain Warranty Deed dated January 28, 1924, recorded in the office of the Carver County Recorder on March 5, 1924 in Book 33 of Deeds on Page 6 and that part conveyed to the State of Minnesota by Warranty Deed dated January 9, 1997 described as follows: That part of Tract A described below: Tract A: The Northeast Quarter of the Southeast Quarter and the North 26 acres of the Northwest Quarter of the Southeast Quarter all in Section 35, Township 116 North, Range 23 West, Carver County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway 212 as now established; which lies northerly of a line run parallel with and distant 22 meters (72.18 feet) southerly of Line 1 described below: Commencing at the northeast corner of said Section 35, thence run southerly along the east line of said Section 35, on an azimuth of 178 degrees 17 minutes 48 seconds for 781.640 meters (2564.43 feet) to the point of beginning of Line 1 to be described; thence on an azimuth of 270 degrees 53 minutes 08 seconds for 460 meters (1509.18 feet) and there terminating. SCMW-D Exhibit A 2013281 As COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard CITY OF CHMNSEN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Pleasereview. respond no later than the review•• edea• line Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: December 7, 2020 December 21, 2020 December 4, 2020 Contact: Contact Phone: Contact Email: MacKenzie Young -Wafters 952-227-1132 mwafters@ci.chanhassen.mn.us Associate Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: January 5, 2021 at 7:00 p.m. January 25, 2021 at 7:00 p.m. February 2, 2021 Application: Request for an Interim Use Permit to operate a golf driving range for property located at 825 Flying Could Drive (Goff Zone). Zoned: Agricultural Estate A2 licant: Brian & Keri Colvin PlanningCase: 2021-02 Web Pa e: www.ci.chanhassen.mn.us/2021-02 Mage: In order for staff 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, stormwater 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. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ® US Fish & Wildlife ❑ Eden Prairie ® Engineering ❑ Jackson Township ® Fire Watershed Districts: ❑ Minnetonka ® Forester El E] Carver County WMO E]Victoria ® Park Director ® Lower MN River Water Resources ® W ❑ Law Enforcement ElMinnehaha Creek Adiacent Counties: El Riley -Purgatory -Bluff Creek E] Hennepin Carver County Agencies: Utilities: El Scott ❑ Community Development ❑ Cable TV - Mediacom ❑ EngineerSchool Districts: F1 Environmental Services ❑ Electric - Minnesota Valley ❑Electric - Xcel Energy E] Eastern Carver County 112 F1 Historical Society ElMagellan Pipeline ElMinnetonka 276 F] Parks El Soil &Water Conservation District ❑ Natural Gas - CenterPoint Energy ❑ Phone - CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad F-1Board of Water & Soil Resources Authority E]MN Landscape Arboretum ❑ Health El SouthWest Transit El Historical Society El TC&W Railroad El Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation 0 Walters, MacKenzie From: brian colvin <brcolvin7@yahoo.com> Sent: Thursday, December 3, 2020 11:00 AM To: Walters, MacKenzie Subject: golf zone final statement of compliance Statement of compliance with 12 general standards for an interim use permit. 0 a. The proposed use will not be detrimental to or endanger the public health or safety. The health and safety of the public, our employees, and neighboring communities is our number one priority! b. While the proposed use is not consistent with the City's comprehensive long term plan for the area, the City's zoning ordinance does allow for the proposed and does not require different level of use until after municipal services become available. c. We will be using the existing facility which has been operated for years without an issue. d. This property will be used as a positive, non -disturbing, non -hazardous facility for the existing and future neighboring uses. e. The proposed use will be served by adequate public streets, private well and septic system f. The use is temporary until municipal services are brought to the site. The use of the existing facility will not be detrimental to the economic welfare of the community. g. Will maintain the pre-existing level of use, which operated for years without issue. h. The existing vehicular approach to the parking lot will be assisted by east and west roundabouts and double lanes which will not interfere with traffic or surrounding public thoroughfares. i. The existing facility does not cause any loss or damage of solar access, natural, scenic or historic features of major significance. j. We will be using the existing facility which has been operated for years without an issue. k. The property and business will be kept to the highest standard and will not depreciate surrounding property values. I. We intend on maintaining the pre-existing level of use, that was operated for years without any issues. Sec. 20-259- Golf driving ranges 1. Meets this standard. Finding: Hours are: Sept. I - Nov. 31 Dec. 1- JM. 31 Feb. I - May 31 Man loam - 7pm Mon loam - Spm Mon lOam - 9pm Toe -Fn 9am - 7pm Tue-Fri 9am - Spm Tue-Fn gam - 9pan Sat -Sum Sam - 7pm Sat -Sun Sam - 8pm Sat -Sun 8mm - 9pm June 1- Aug. 31 Mon l Oam - 9pm Tue-Fri 9am - 9pm 0 0 3. Meets this standard 4. Meets this standard 5. The existing facility exceeds 800 square feet which a pre existing variance was granted from this standard. 6. We are currently in the process of applying for a 3.2 malt liquor license and we plan on selling pre-packaged pizza's only which both meet this standard. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 12/01/2020 3:54 PM Receipt No. 00456708 CLERK: dwashburn PAYEE: Brian & Keri Colvin 14870 Maple Trail SE Prior Lake MN 55372 Golf Zone IUP PC File No 2021-02 ------------------------------------------------------- Use & Variance 425.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 24.00 Total Cash Check 4599 Change 699.00 0.00 699.00 0.00 0 Golf Zone IUP PC File No. 2027-xx (MYW) $0.00 Consolidate Lots $0.00 Lot Line Adjustment $425.00 Interim Use Permit $0.00 Subdivision ($600 + $15 per lot) $0.00 Final Plat $0.00 Vacation $24.00 Property Owners List ($3.00 x 8) $0.00 Variance $0.00 Rezoning $200.00 Notification Sign $0.00 Deeds $0.00 Attorney's Fees $50.00 Recording Fees $699.00 TOTAL $699.00 Ck #4599 from Brian & Keri Colvin $0.00 Balance Owed $0.00 Adjustment 0 0 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard MY OF CgANHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 t' APPLICATION FOR DEVELOPMENT REVIEW Submittal Dale: - I 7 . 1" PC Date: � 2 L CC Date: ( 60 -Day Review Date: I (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 AllOthers......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) Include number of existing employees: Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................$300 $300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ ( lots) $200 ❑Metes & Bounds (2 lots)..................................$300 E] Consolidate Lots..............................................$150 $150 ❑ Lot Line Adjustment.........................................$150 $275 ❑ Final Plat ..........................................................$700 $100 ❑ (Includes $450 escrow for attorney costs)* $500 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence .......... .^.................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove)...................................................................................................................... $200 Property Owners' List within 500' (City to generate after pn -application meeting) ... .... ............ $3 per address P Y g ............................... (� addresses) Escrow for Recording Documents (check all thata ply) .......................... .. $50 per document El Conditional Use Permit 9 Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements) ❑ Deeds -42- TOTAL FEE: 6q Section 2: Required Information Description of Proposal: Property Address or Location Parcel #: a3_0 3SI of 00 Legal Description: - Total Acreage: 96 yJ Wetlands Present? Present Zoning: Select One ma Present Land Use Designation: Select OneUrrExisting Use of Property: �► ❑Check box if separate narrative is attached Yes ❑ No Requested Zoning: Select One 111:�3 eRequested Land Use Designation: Select One r .S. 0 9 PropertySection 3: .. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: o chld4I Phone:9fi22� City/State/Zip: rM til Cell: 45:/ S57— 7ggaq Email: lgt�x: Signature: Date: Jaz 0.9c This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: 9 Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMR FORM 0 0 GOLF ZONE My wife Keri and I are in the process of purchasing the land and building at 825 Flying Cloud dr, in Chanhassen, formerly known as the Golf Zone. We are purchasing this property for many reasons, but the main reason is to reopen it. When Keri and I found out that the golf zone had shut down back in 2018 we were saddened to hear the news. This was a place that we would bring our two sons on the weekends or a night after work to spend a little quality family time playing a round of putt -putt golf or working on our game at the driving range. When we were finally able to get in contact with the owner Jeff and found out he was willing to sell it, my wife and I jumped on the opportunity as soon as we could! Our intention of opening this is to bring a positive place to the surrounding communities, somewhere that family and friends can come out and play some putt -putt or work on their game, somewhere that the local schools can bring the golf team or golf instructors can teach in the cold snowy months of winter. We would also like to use the Golf Zone as a platform for local foundations to raise money for their charities. While enriching the direct and surrounding communities, we will also adhere to codes both socially and as a business. We will follow all proper protocols regarding building maintenance, structure and upkeep. In addition, we will adhere to all state, county and city requirements for the health and safety of our employees and staff. Eventually we would like to put our own spin on the place too, maybe a couple simulators inside for winter golf league, or a putt -putt course outside too and maybe add some new technology in the booths of the driving range to better your game. By reopening the doors to the Golf Zone again, Keri and I feel not only will it bring positivity to the surrounding communities, but joy to our family! Thanks much, Brian and Keri Colvin. 15 �F�p g.=aasre� � day - F LL {{ ggt gg �j YIN; li�F 33 y.lk ."ip.if ! gap INI z a f, V9SI � �o o w b.• .. _._z -- O y I --------------- I O.0 .Bl L l ••a•4RI':ING AREA 0 CONTRACT FOR DEED by Individual(s) DATE: 2020 (Top 3 inches reserved for recording data) r� u THIS CONTRACT FOR DEED (the "Contract") is made on the above date by JEFFREY C. HELSTROM, a single resident of the State of Minnesota ("Seller"), and BRIAN J. COLVIN AND KERI L. COLVIN, married to each other (collectively, "Purchaser ). (cned<mrn ❑ ,wmmmmy.) Seller and Purchaser agree to the following terms: follows: 1. Property Description. Seller hereby sells and Purchaser hereby buys real property in Carver County, Minnesota, described as See attached Exhibit A. Check here if all or part of the described mal property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto (the "Property'). Unless otherwise specified. Seller hereby delivers possession of the Property to Purchaser on the date hereof. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ® A well disclosure certificate accompanies this document or has been electronically fled. (If electronically filed, insert WDC number: I ... ].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ECB -3011(v2) Page 1 of 8 0 0 2of8 CONTRACT FOR DEED 2. Title. Seller warrants that fitle to the Property is, on the date of this Contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this Contract; and (f) The following liens or encumbrances: none. 3. Delivery of Deed and Evidence of Title. Upon Purchaser's full performance of this Contract, Seller shall: (a) Execute, acknowledge, and deliver to Purchaser a Limited Warranty Deed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c), (d), and (e) of this Contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this Contract; and (iii) The following liens or encumbrances: none. (b) Deliver to Purchaser the abstract of fitle to the Property, without further extension, to the extent required by the purchase agreement (if any) between Seller and Purchaser. 4. Purchase Price. Purchaser shall pay to Seller at the address set forth in the Purchase Agreement the sum of One Million Four Hundred Fifty Thousand United States Dollars ($1,450,000.00), as and for the purchase price (the 'Purchase Price") for the Property, payable as follows: (a) The sum of Ten Thousand United States Dollars ($10,000.00) was paid upon the execution of the letter of intent; (b) The sum of Seventy Thousand United States Dollars ($70,000.00) upon execution of this Contract; and (c) Commencing the earlier of: (i) six (6) months immediately following Purchaser's receipt of the necessary permits from the City of Chanhassen; or (ii) December 1, 2021, Purchaser shall make monthly payments to Seller of interest accrued on the outstanding principal balance at a rate of four and one-half percent (4.5%) per annum (based upon a three hundred sixty-five (365) day year), due and payable on the first (1a) day of each calendar month (or if the 1:t day of each month is not a business day, on the next immediate business day) until November 1, 2026 (the "Maturity Date"), at which time all principal, interest and other fees or costs due and owing Seller from Purchaser hereunder shall be paid in full. The amount due on the Maturity Date is a balloon payment. Upon timely payment on the Maturity Date, the outstanding principal balance shall be reduced by Thirty Thousand United States Dollars ($30,000.00). 5. Prepayment. Unless otherwise provided in this Contract, Purchaser shall have the right to fully or partially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this Contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. 6. Real Estate Taxes and Assessments. Real estate taxes and installments of special assessments which are due and payable in the year in which this Contract is dated shall be paid by Purchaser. Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in all subsequent years. Seller warrants that the real estate taxes and installments of special assessments which r 3 of 8 (v2) C CONTRACT FOR DEED were due and payable in the years preceding the year in which this Contract is dated are paid in full. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners' association, Purchaser shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents. 7. Property Insurance. (a) Insured Risks and Amounts. Purchaser shall keep all buildings, improvements, and fixtures now or later located on or a part of the Property insured against loss by fire, lightning and such other perils as are included in a standard "all-risk" endorsement, and against loss or damage by all other risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary, theft and, if applicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of the buildings, improvements, and fixtures, without deduction for physical depreciation. If any of the buildings, improvements, or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) Other Terms. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (c) Notice of Damage. In the event of damage to the Property by fire or other casualty, Purchaser shall promptly give notice of such damage to Seller and the insurance company. 8. Damage to the Property. (a) Application of Insurance Proceeds. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance of insurance proceeds, if any, shall be the property of Purchaser. (b) Purchaser's Election to Rebuild. If Purchaser is not in default under this Contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace, or restore the damaged Property (the 'Repairs") deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty (60) days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the Repairs are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the Repairs, Purchaser shall, before the commencement of the Repairs, deposit into such escrow sufficient additional money to insure the full payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at all times be responsible to pay the full cost of the Repairs. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the Repairs. Purchaser shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Purchaser within one (1) year after the damage occurs. If, following the completion of and payment for the Repairs, there remains any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this Contract in accordance with paragraph 8(a) above. (c) Owners' Association. If the Property is subject to a recorded declaration, so long as the owners' association maintains a master or blanket policy of insurance against fire, extended coverage perils and such other hazards and in such amount as are required by this Contract, then: (i) Purchaser's obligation in the Contract to maintain hazard insurance coverage on the Property is satisfied, (ii) the provisions of paragraph 8(a) of this Contract regarding application of insurance proceeds shall be superseded by the Page 4 of 8 (v2) CONTRACT FOR DEED provisions of the declaration or other related documents; and (iii) in the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this Contract, with the excess, if any, paid to Purchaser. 9. Injury or Damage Occurring on the Property. (a) Liability. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, cost, and obligations, including reasonable attomeys' fees, on account of or arising out of any such injuries. However, Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seiler. (b) Liability Insurance. Purchaser shall, at Purchaser's own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. Insurance Generally. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this Contract. The insurance policies shall provide for not less than ten (10) days written notice to Seller before cancellation, non -renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. Condemnation. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid. Such amounts shall be applied in the same manner as a prepayment as provided in paragraph 5 of this Contract Such payments shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. Waste, Repair, and Liens. Purchaser shall not remove or demolish any buildings, improvements, or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attomeys' fees, incurred by Seller to remove any such liens or adverse claims. 13. Compliance with Laws. Except for matters which Seller has created, suffered, or permitted to exist prior to the date of this Contract, Purchaser shall comply or rause compliance with all laws and regulations of any governmental authority which affect the Property or the manner of using or operating the same, and with all restrictive covenants, if any, affecting title to the Property or the use thereof. 14. Recording of Contract; Deed Tax. Purchaser shall, at Purchaser's expense, record this Contract in the Office of the County Recorder or Registrar of Titles in the county in which the Property is located within four (4) months after the date hereof. Purchaser shall pay any penalty imposed under Minn. Stat. 507.235 for failure to timely record the Contract. Seller shall, upon Purchaser's full performance of this Contract, pay the deed tax due upon the recording of the deed to be delivered by Seller. 15. Notice of Assignment. If either Seller or Purchaser assigns its interest in the Property, the assigning party shall promptly fumish a copy of such assignment to the non -assigning party. 16. Protection of Interests. If Purchaser fails to pay any sum of money required under the terms of this Contract or fails to perform any of the Purchaser's obligations as set forth in this Contract, Seller may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in 5 of 8 (v2) CONTRACT FOR DEED paragraph 4 of this Contract, as an additional amount due Seller under this Contract If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this Contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent amounts or take any actions reasonably necessary to cure defaults thereunder and deduct the amounts so paid together with interest at the rate provided in this Contract from the payments next coming due under this Contract. 17. Defaults and Remedies. The time of performance by Purchaser of the terms of this Contract is an essential part of this Contract If Purchaser fails to timely perform any term of this Contract, Seller may, at Seller's option, elect to declare this Contract cancelled and terminated by notice to Purchaser in accordance with applicable law or elect any other remedy available at law or in equity. If Seller elects to terminate this Contract, all right, title, and interest acquired under this Contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this Contract (including escrow payments, if any) shall belong to Seller as liquidated damages for breach of this Contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this Contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this Contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. Failure by Seller to exercise one or more remedies available under this paragraph 17 shall not constitute a waiver of the right to exercise such remedy or remedies thereafter. 18. Binding Effect The terms of this Contract shall run with the land and bind the parties hereto and the successors in interest. 19. Headings. Headings of the paragraphs of this Contract are for convenience only and do not define, limit, or construe the contents of such paragraphs. hereto. 20. Additional Terms: Check here if ® an addendum to this Contract containing additional terms and conditions is attached [This space intentionally left blank, signature pages follow] 171 M Seller Jeffrey C. Helstrom, a single individual State of Minnesota, County of G CONTRACT FOR DEED This instrument was acknowledged before me on 2020, by Jeffrey C. Helstrom, as a single individual. (Stamp) (Sierew Title (and Rank): My commission expires: (MmWday4vad • Page 7 of 8 (v2) Purchaser Brian J. Colvin Keri L. Colvin State of Minnesota, County of This instrument was acknowledged before me on (Stamp) THIS INSTRUMENT WAS DRAFTED BY: Fafinski Mark & Johnson, P.A. (AJK) 775 Prairie Center Drive, Suite 400 Eden Prairie, MN 55344 952-995-9500 0 CONTRACT FOR DEED 2020, by Brian J. Colvin and Keri L. Colvin, married to each other. (slgnaM1ae of notarial offo* Title (and Rank): Notary Public My commission expires: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Brian J. Colvin and Ked L Colvin Note: Failure to record this contract for deed may give other parties priority over Purchaser's interest in the properly. 0 am EXHIBIT A LEGAL DESCRIPTION 0 CONTRACT FOR DEED CONTRACT FOR DEED ADDENDUM THIS CONTRACT FOR DEED ADDENDUM (this "Addendum) is attached to and made a part of that certain Contract for Deed dated 2020 between JEFFREY C. HELSTROM, a single resident of the State of Minnesota ("Seller"), and BRIAN J. COLVIN AND KERI L. COLVIN, married to each other (collectively, 'Purchaser). The terms and conditions contained in the Addendum shall supersede any conflicting provisions contained in this Contract. Unless defined in this Addendum, all capitalized terms have the same meaning as in the Contract. Only those provisions checked in the "Yes" column, below, shall be included and be part of this Addendum. Yes No ® ❑ A. Late Payment Fee. If any payment is not received by Seller within fifteen (15) days of the date when due, Purchaser shall additionally pay to Seller, to the extent allowed by law, a late charge of four percent (4%) of the amount of the delinquent payment. ® ❑ B. Transfer Restrictions. Purchaser may not sell, assign, or otherwise transfer Purchaser's interest in this Contract, or the Property, or any part thereof, or if Purchaser is an entity, the controlling interest in Purchaser may not be transferred without the written consent of Seller, which consent: (ChKk Wy ow box) ® shall be granted or withheld in the sole discretion of Seller. ❑ shall not be unreasonably withheld, or delayed by Seller. ®❑ C. Escrows. In Addition to the monthly payments of principal and interest, Purchaser shall deposit with Seller, with each payment, an amount representing one-tweHth (1112) of the annual real estate taxes, installments of special assessments, and insurance premiums with respect to the Property (or such other amount as Seller is required to deposit under any underlying encumbrance on the Property). The amount of such taxes, special assessments, and insurance premiums, when unknown, shall be estimated by Seller. Such deposit shall be used by Seller to pay real estate taxes, installments of special assessments, and insurance premiums with respect to the Property when due. If Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent amounts and deduct the amounts so paid from payments next coming due under this Contract. If the balance deposited with Seller is insufficient to pay such real estate taxes, special assessments and insurance premiums when due, Purchaser shall pay the deficiency to Seller upon written demand. ® ❑ D. Property Improvements. Except for work reasonably necessary to permit Purchaser to comply with Purchaser's obligations under this Contract, Purchaser shall not hire or perform any repairs or improvements to or replacements of the Property having an aggregate cost in excess of Five Thousand United States Dollars ($5,000.00) without securing the prior written consent of the Seller. Purchaser will not cause or permit any mechanics' liens to be recorded against the Property. Purchaser agrees to defend, indemnify, and hold Seller harmless from any loss, damage, or expense incurred by Seller with respect to any party asserting a mechanics' lien claim, it being understood and agreed that this undertaking shall survive cancellation of this Contract or the delivery of a deed pursuant to the terms hereof. ® ❑ E. Hazardous Substances. Purchaser shall not bring, store, generate, or treat hazardous wastes or substances or petroleum products upon the Property, except for small quantities which are stored and used in compliance with applicable law. Purchaser hereby agrees to indemnify, defend and hold Seller harmless from any and all claims, demands, actions, causes of action, liabilities or rights which may be asserted against Seller with respect to such substances, or products, it being understood and agreed that this obligation will survive the cancellation of this Contract or the delivery of a deed pursuant to the terms hereof. Note: This document must be attached to a contract for deed and cannot be independently recorded. ECB -3021 Page i of 2 0 2of2 CONTRACT FOR DEED ADDENDUM ❑ ® F. Alternative Acceleration Remedy. If Purchaser fails to timely perform any term of this Contract, Seller may elect, on thirty (30) days written notice given to Purchaser, to declare the entire unpaid Purchase Price, together with accrued interest thereon, immediately due and payable in full and commence an action against Purchaser to collect all amounts due hereunder. Purchaser shall have the right to reinstate this Contract at any time before entry of final judgment against Purchaser for amounts due hereunder if Purchaser: (i) pays Seller all sums due hereunder as of the date of reinstatement; (ii) cures any other defaults existing under this Contract as of the date of reinstatement; and (iii) pays all expenses incurred by Seller in enforcing this Contract, including, but not limited to, reasonable attorneys' fees and costs. Seller shall deliver the deed for the Property in the manner required by paragraph 3 of this Contract when all amounts due hereunder have been paid. ® ❑ G. Nonrecourse Obligation. Notwithstanding any other provision contained in this Contract to the contrary, if Purchaser defaults in Purchaser's performance of this Contract, Seller's sole remedy shall be to cancel this Contract in accordance with Minn. Stat. 559.21, as the same may from time to time be amended. Seller specifically waives any right it may have to commence an action for the specific performance of this Contract or any right it may have to seek an award of damages against Purchaser. ® ❑ H. Additional Provisions. PURCHASER AGREES TO ACCEPT THE PROPERTY AT CLOSING ON AN "AS IS" AND "WHERE IS" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, ALL OF WHICH SELLER HEREBY DISCLAIMS Note: This document must be attached to a contract for deed and cannot be independently recorded.