Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
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
1. 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 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 become available, it is consistent with the Comprehensive
Plan and Chapter 20 of the City Code.
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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.
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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:
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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.
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 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.
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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.1-Nov.31 Dec_ 1-Jan.31 Feb. 1 -May 31 June 1-Aug.31
Mon loam- 7pm Mon loam- 8pm Mon loam-9pm Mon loam-9pm
Tue-Fri 9am- 7pm Tue-Fri 9am- 8pm Tue-Fri 9am-9pm Tue-Fri 9am-9pm
Sat-Sun 8am- 7pm Sat-Sun 8am-8pm Sat-Sun 8am-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.
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7. 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 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 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 41/2 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.
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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 5th day of January, 2021.
CHANHASSEN PLANNING COMMISSION
BY: Ai
teven Weick. Chairman
g:lplan\2021 planning cases121-02 825 flying cloud dr-golf zoneliup findings of fact docx
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