PC Minutes 01-05-21Chanhassen Planning Commission – January 5, 2021
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expand the deck subject to the Conditions of Approval and adopts the attached Findings of
Facts and Decision. The motion passes unanimously with a vote of 6-0.
Weick: Jumping, leaping over our ¾ hurdle. Thank you everybody and thank you, MacKenzie,
for your presentation.
PUBLIC HEARING:
CONSIDER A REQUEST FOR AN INTERIM USE PERMIT TO OPERATE A GOLF
DRIVING RANGE ON PROPERTY LOCATED AT 825 FLYING CLOUD DRIVE
GOLF ZONE)
Young-Walter: This is Planning Case 2021-02 and the Chairman said, this is a request for an
Interim Use Permit (IUP) resume operating a golf driving range on a property that is zoned
Agricultural Estate. Because this is an IUP, it will go before the City Council on January 25,
2021 with the recommendation that the Planning Commission at this time. This is an overview of
the site. As was mentioned, the present zoning is Agricultural Estate. The city’s 2040 Land Use
Plan calls for the northern section that is outside of the flood plane to be guided for office use
and the rest of it to be agriculture. The site is a little over 97 acres. Currently, it is not in use,
however, it was a golf driving range from 1998 to 2018 and the applicant is essentially proposing
to resume operations. They are not proposed any change or alteration to the site of expansion of
facilities. A little bit of background. There are quite a few different case numbers associated with
this. Site Plan 98-8, Interim Use Permit 98-2, Conditional Use Permit (CUP) 98-2 and Wetland
Alteration Permit (WAP) 98-1. The verify brief background on those is that in July of 1998, the
city approved the site plan and IUP, CUP and WAP to allow the initial driving range to begin
operation. The next year, they amended that site plan to allow a second story to be constructed
over the driving dens and then they also amended the City Code to allow the service 3.2% malt
liquor on the site. In October 2006, the owner at that time requested a site plan amendment and
variances to allow an 11,100-square foot additional to the site so they significantly expanded the
club house and in 2018 then the driving range closed. Under our City Code, an IUP, if inactive
for six months and is no longer valid which is why the new owner of the site is requesting a new
IUP. The applicant’s proposal to resume operation of the golf driving range, as I noted earlier,
they will be using the existing facilities. They are not proposing the construction of any new
buildings, they’re not proposing any grading or alterations or expansion of the site. They will be
conducting obviously, any needed repairs and maintenance to get the building up to Code and
inviting and well-kept again, but they are proposing substantially the same business model and
scope of operations that were present on the original golf driving range. This is a very interesting
site and it has a lot of environmentally-sensitive features. I just pulled up a quick GIS map.
These are all preserved-class wetlands and this is the Minnesota River floodplain. So as you can
see, a portion of the driving range is within the floodplain but the building itself is out of the 100-
year or 1% annual flood chance region and golf driving ranges are a permitted use within the
floodplain under our City Code. Because they aren’t proposing any alterations within these areas;
the driving range is well clear of the wetlands and it’s allowed in the floodplain and the buildings
are clear, neither the Watershed District nor Department of Natural Resources (DNR) have
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contacted us with any concerns about the resumption of activities nor does staff have significant
concerns. When determining whether or not to grant an IUP, the City Code lists basically three
standards that need to be met. I go through these point by point in the staff report, however, in
summary Section 20-232’s goal is to just to ensure the use is not going to be detrimental to
surrounding properties, that it won’t be detrimental to the environment, that it will not be
detrimental to the city, and that it’s adequately served by infrastructure, so access and utilities.
Staff believes that this proposal meets these standards. Section 20-322’s goal is to ensure that the
use meets the zoning requirements, will not incur a public cost at a future date, and has an
identifiable end date. A little segway, this section particularly deals with interim uses. Interim
uses are different than pretty much any other use in the city in that they are by nature, temporary.
They have a definite end date. So when the Planning Commission issues a CUP, that conditional
use will endure in perpetuity. It doesn’t end as long as that use is maintained. In order to grant
and IUP, we have to have a specific event that will cause the permit to close to allow the
property to be used for a different in conformance with the future land use plan. In this case, that
event would be the extension of city sewer and water service to the site, at which point, staff is
proposing there would be a one-year grace period and then this permit would expire. The
applicant has been made aware of this and staff believes that their proposal meets the
requirements of the interim use ordinance. The final Section is 20-259 and that is the specific
performance standards for a golf driving range that’s designed to prevent them from negatively
impacting the surrounding properties. Again, the applicant’s proposing essentially the exact same
scope of operations that were in place for 20 years. There were no issues with the previous
operation and staff believes the use as proposed will not create issues and meets those standards
as well. I would like to call out a couple of the conditions that will be imposed on this IUP. The
first I got into a little earlier and that’s the IUP will terminate 12 months after municipal services
are extended to the site. That’s required as part of issuing the IUP that there is a fixed end date.
The site will be required to pass building, fire, and septic compliance inspections to ensure it’s
safe to resume operations. The site will not be allowed to be altered beyond what was allowed in
previous permits. They will need to restore the rain garden and meet the old site plan’s
landscaping requirements. The driving range nets are required to protect the wetlands to prevent
stray balls from flying off into them. If the applicant chooses to use pesticides and fertilizers,
they will need to provide a plan to the city and chemicals cannot be stored in the floodplain.
Obviously, there is a lot of environmental impacts that can happen if that condition was not in
place. And if they do for any reason decide to expand or alter the site or it’s grading, they must
receive the appropriate permits from the relevant agencies. With that, I would be happy answer
any questions you may have.
Weick: Thanks, MacKenzie. I actually have one question. Has anyone from the city or
environmental department or parks I guess, gone out and looked at the site since it closed?
Young-Walters: Yep. Myself, Jill Sinclair the Environmental Resources Coordinator, and Matt
Unmacht the Water Resources Specialist. All three of walked the site and did an evaluation.
That’s part of how we determine that the landscaping was deficient and would need to be
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brought up to Code and that the rain garden wasn’t in place. We also looked around for golf balls
to see if there were any still lying around and couldn’t find any. We did do a site visit.
Weick: And I assume, especially Jill Sinclair, would have noted, what I’m thinking specifically
about is, the only thing I can think of with a golf driving range is retrieving the golf balls. You’re
using some type of machine which over the years, if you use is it when the ground’s really wet,
you could mess up the ground. I would assume she would have seen something had it been
present, some damage, or..
Young-Walters: I would defer to Matt on that. I believe he observed where he felt the wetlands
started with relation to the driving range and might be able to comment on if he felt there was
any concern with that. Matt, are you on the call?
Unmacht: Yes, can everyone hear me?
Weick/Others: Yes, barely.
Unmacht: We stopped out a few weeks again, MacKenzie, Jill and myself and I don’t have any
concerns about any sort of machinery, specifically with regards to the wetlands. The wetland
boundary is located well off where most people are capable of hitting the golf ball. I would hope
so. I’m not too concerned about any use of machinery that’s going to impact the wetlands. I
didn’t notice any sort of residual ground impacts or vegetative impacts outside of the wetland
area sort of where these machines would normally operate. MacKenzie, maybe you did, but I
didn’t notice anything that called to my attention, that “hey this is going to be really impactful to
this area”. Long answer to I would say I’m not concerned about it.
Weick: Great and that’s exactly what I was wondering about. Any other questions from fellow
commissioners? Great. That was a thorough report, MacKenzie. With that, if the applicant is on
the line, you are welcome to tell us a little bit about your project.
Brian Colvin: Absolutely. Thank you, MacKenzie. Thank you, everyone. My wife, Keri, and I
are very excited to reopen the Golf Zone for the community. We want to bring a positive
environment to the surrounding families, surrounding communities, all the local schools, and
then the instructors that have been coming out there for years just to instruct students and adults
and teach the game of golf. As far as the driving range comment about the wetlands, the ball
pickers are staying the right vicinity of the driving range and I think where the balls go are
roughly anywhere from 50 to 100 yards or more before the wetlands so we don’t even come to
the wetlands with the ball picker or any machinery of any type.
Weick: Great. Thank you for that explanation. Any questions for the applicant from the
commissioners? Well, thank you again for taking the time…
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Brian Colvin: I did also, can I mention one other thing? As far as the inspection, we do already
have lined up later this week, we have a licensed HVAC service will be coming out this
Thursday and Friday to go through all of the heating and ventilation and they’re going to go
through everything and make sure everything is up to par and up to Code and then next week we
also have a licensed electrician who will be doing the same and then after that we will be
following up the fire marshal and city inspection to have them come out and give us a punch list
if there any and if there is, we will take care of that in an ample amount of time.
Weick: Fantastic. Thank you for taking the time to meet with us this evening.
Brian Colvin: Thank you.
Weick: Ya. With that and hearing no questions from commissioners, I will open the public
hearing portion of tonight’s item. The telephone number is on your screen, 952-227-1630. Did
we receive any email?
Young-Walters: No.
Weick: No email correspondence on this one. There is no one in Chambers to make comment
and I do not believe the phone is ringing.
Young-Walters: It is not.
Weick: Fair enough. With that I will close the public hearing portion of tonight’s item and open
for commission comments and we’ll get the motion up there on the screen as well. I can speak
for myself to say that do miss having Golf Zone and…
Brian Colvin: Thank you and with that being said, I’ve heard that more times than none in the
last couple months. For example, I had the UPS driving show up to my personal house the other
day and thank me for trying to open it back up.
Weick: That’s awesome. Those are good stories.
Brian Colvin: [Laughter] We’re very excited.
Skistad: This is Commissioner Skistad. I’ll go ahead and make a motion.
Weick: Thanks.
Skistad: The Chanhassen Planning Commission recommends approval of an Interim Use Permit
for a golf driving range subject to the Conditions of Approval and adopts the attached Findings
of Fact and Recommendation.
Weick: Thank you, Commissioner Skistad. We have a valid motion. Do we have a second?
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Von Oven: I’ll second.
Weick: We have a second from Commissioner Von Oven. Any final Commission comments?
McGonagill: The only question I have, Chairman, is why would anybody want to play golf? OK
I just wanted to go there with that. So no, I have no questions.
Laughter]
Weick: Man, that’s on the record now.
Von Oven: Because at the new Golf Zone, they have a promotion where you can hit your ball to
Shakopee.
McGonagill: Oh there you go. I heard the deal about lessons so I think I’m probably in good
shape to go there.
Keri Colvin: You can come to the putt putt.
McGonagill: There you go. That’s my game.
Weick: Alright. We will do a roll call vote and I will start with you Commissioner McGonagill.
McGonagill: Aye.
Weick: In favor. Commissioner Von Oven?
Von Oven? Aye.
Weick: In favor. Commissioner Skistad?
Skistad: Aye.
Weick: In favor. Commissioner Noyes?
Noyes: Aye.
Weick: In favor. And Commissioner Randall?
Randall: Aye.
Weick: In favor. I also vote in favor. The motion passes unanimously 6-0 and I wish the
applicant all the luck in the world with the new business.
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Skistad moved, Von Oven seconded that the Chanhassen Planning Commission
recommends approval of an Interim Use Permit for a golf driving range subject to the
Conditions of Approval and adopts the attached Findings of Fact and Recommendation.
The motion passes unanimously with a vote of 6-0.
Brian Colvin: Thank you, Commissioner.
Weick: With that, we’re 3/5 of the way through tonight’s items.
PUBLIC HEARING:
CONSIDER A REQUEST FOR AN INTERIM USE PERMIT FOR EXCAVATION OF
EXISTING WETLAND ALONG WITH EXCAVATED BORROW BEING PLACED ON
A LOCATION WITHIN THE PARCEL
Weick: I don’t have the address of the item.
Generous: There’s no address, unfortunately.
Weick: Okay. That’s why I don’t have an address then.
Generous: It’s three PIDs.
Weick: Great. With that, I will hand it over to Mr. Generous for the staff report.
Generous: Thank you, Chairman.
McGonagill: Mr. Chairman? Before you get into it I’m going to have to recuse myself from this
because I know the applicants.
Weick: Okay. Thank you, Commissioner McGonagill. Commissioner McGonagill has recused
himself.
McGonagill: I did want to thank staff for the report. It’s a fairly simple thing but they went
through a lot of detail. I just want to tell you, Bob, you did a nice job, so thank you.
Generous: You can thank the engineers for that one.
Weick: Just for the record, we do have a quorum with the remaining five commissioners.
Generous: Planning Case 2021-03, Black Cherry Development is the applicant. The public
hearing is tonight. This goes to the City Council on January 25. They’re requesting an interim
use permit for the excavation of an existing wetland along with the excavated borrow being
relocated onto the property and stored. There’s no address for this so it’s hard to explain. It’s