CC Staff Report 1-25-21CITY COUNCIL STAFF REPORT
Monday,January 25,2021
Subject Approve a Request for an Interim Use Permit to Operate a Golf Driving Range on Property
Located at 825 Flying Cloud Drive Golf Zone)
Section NEW BUSINESS Item No:J.5.
Prepared By MacKenzie Young-Walters,Associate
Planner
File No:Planning Case No.2021-02
PROPOSED MOTION
The City Council approves and Interim Use Permit IUP)for a golf driving range,subject to the conditions of
approval and adopts the attached Findings of Fact and Recommendation."
Or
The City Council remands Planning Case Number 2021-02 to the Planning Commission to solicit feedback and
input on the applicant's request to modify recommended Condition Number 9."
Approval requires a Simple Majority Vote of members present.
SUMMARY
A golf driving range operated at 825 Flying Cloud Drive from 1998 to 2018.Since golf driving ranges are an interim use
within the A2 District,the business was subject to an IUP.Due to the fact that much of the property is located within a
floodplain and has extensive wetlands,a Conditional Use Permit CUP)and a Wetland Alteration Permit WAP)were
also required in order to prepare the site for the business.After the initial site plan and permits were approved in 1998,
the original owner applied for and received a series of variances and amendments to expand the operation,including an
amendment allowing for the sale of 3.2 percent malt liquor and the addition of a second story to the driving bunkers.The
most recent variance and amendment was approved in 2016 and allowed for an 11,100-square foot addition to the club
house.After the driving range closed in 2018,the IUP expired.
The applicant has purchased the property and is requesting that a new IUP be issued to allow for the resumption of the
business’operations.The applicant is not proposing any expansion or significant alterations to the existing facilities or
grounds.They have stated that their intention is to operate the business in a manner substantially similar to what was
previously present on site.They are aware that a golf driving range is an interim use and that the permit will terminate
once municipal services are extended to the site.
The city and other applicable jurisdictions have reviewed the applicant’s proposal,and as no modifications are
proposed that could impact any of the site’s sensitive environmental features,no agency has expressed concerns about
the proposed reopening.Staff reviewed the previously issued IUP and has retained the conditions that are still
applicable.The city is also requiring that the applicant pass a fire and building inspection and address any Code
CITY COUNCIL STAFFREPORTMonday,January 25,2021SubjectApproveaRequest for an Interim Use Permit to Operate a Golf Driving Range onPropertyLocatedat825FlyingCloudDriveGolfZone)Section NEW BUSINESS Item No:J.5.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2021-02PROPOSEDMOTION"The City Council approves and Interim Use Permit IUP)for a golf driving range,subject to the conditionsofapprovalandadoptstheattachedFindingsofFactandRecommendation."Or"The City Council remands Planning Case Number 2021-02 to the Planning Commission to solicit feedbackandinputontheapplicant's request to modify recommended Condition Number 9."Approval requires a Simple Majority Vote of members present.SUMMARYAgolfdriving range operated at 825 Flying Cloud Drive from 1998 to 2018.Since golf driving ranges are an interimusewithintheA2District,the business was subject to an IUP.Due to the fact that much of the property is located withinafloodplainandhasextensivewetlands,a Conditional Use Permit CUP)and a Wetland Alteration Permit WAP)werealsorequiredinordertopreparethesiteforthebusiness.After the initial site plan and permits were approved in 1998,the original owner applied for and received a series of variances and amendments to expand the operation,includinganamendmentallowingforthesaleof3.2 percent malt liquor and the addition of a second story to the driving bunkers.Themostrecentvarianceandamendmentwasapprovedin2016andallowedforan11,100-square foot addition to theclubhouse.After the driving range closed in 2018,the IUP expired.The applicant has purchased the property and is requesting that a new IUP be issued to allow for the resumption ofthebusiness’operations.The applicant is not proposing any expansion or significant alterations to the existing facilitiesorgrounds.They have stated that their intention is to operate the business in a manner substantially similar to whatwaspreviouslypresentonsite.They are aware that a golf driving range is an interim use and that the permit willterminateoncemunicipalservicesareextendedtothesite.The city and other applicable jurisdictions have reviewed the applicant’s proposal,and as no modificationsareproposedthatcouldimpactanyofthesite’s sensitive environmental features,no agency has expressed concerns about
the proposed reopening.Staff reviewed the previously issued IUP and has retained the conditions that are still
applicable.The city is also requiring that the applicant pass a fire and building inspection and address any Code
violations that may be present before reopening.Given that a golf driving range operated in this location for many
years without issue,staff recommends that an IUP,with appropriate conditions to mitigate potential impacts,be
approved to allow for the resumption of operations on this site.
During the January 5,2021 public hearing,the Planning Commission voted 6-0 to recommend approval of the the
IUP,subject to the conditions of approval.
A full discussion of the requested IUP can be found in the attached staff report.
BACKGROUND
The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Drive
intersection.The site is over 90 acres in area.The vast majority of the property is in the floodplain of the Minnesota River.
This means the site is subject to periodic flooding.
There is a creek Assumption Seminary Creek)on site and a large wetland surrounding the subject site,which
encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources DNR).The
subject site is one of the few parcels not included in the Minnesota River Raguet”Wildlife Management Area.This entire
property has been identified as an area whose development pattern needs to be sensitive to the watershed,including the
wetland and the creek.
The subject property has gone through the public hearing process for a variety of reasons in the past.
On July 13,1998*,the City Council approved the following subject to conditions):
Site Plan 98-8 for a golf improvement center.
Interim Use Permit 98-2 which expires in the year 2020,to allow golf and driving range in the A2 District.
Conditional Use Permit 98-2 for alteration of a floodplain.
Wetland Alteration Permit 98-1.
First reading and waived the second reading of Code Amendment 98-1 to amend Section 20-265,Standards for
Golf Driving Ranges to allow a retail pro shop.
Variance to allow the square footage of the office/clubhouse to be increased to 986 square feet.
On July 13,1998,the City Council denied the request for extended hours of operation Variance 98-1).
On September 13,1999*,the City Council approved the following,subject to conditions:
An amendment to City Code Section 10-55(b)to allow golf course driving ranges with permanent plumbing facilities
to be eligible for a liquor license.
On-sale intoxicating sale 3.2 percent malt liquor license contingent upon receipt of the 280 license fee and the
liquor liability insurance certificate.The licensed premises would include the clubhouse and outdoor brick patio,
driving range,par-three course,and putting course.No beer would be allowed to be consumed in the parking lot area.
An amendment to Site Plan 98-8 to allow for an expansion of a second story to the driving bunkers for RSS
Golf.
On October 27,2006,the City Council approved the following subject to conditions:
An amendment to Site Plan 98-8 and Interim Use Permit 98-2 for the construction of an 11,100 square-foot
addition to the principal structure.
A 10,300 square-foot building area variance from the 800 square-foot building area restriction for the golf driving
range principal structure.
A variance for the use of steel paneling as a primary exterior material.
On February 2,2016,the previous site owner withdrew an application for the following:
CITY COUNCIL STAFFREPORTMonday,January 25,2021SubjectApproveaRequest for an Interim Use Permit to Operate a Golf Driving Range onPropertyLocatedat825FlyingCloudDriveGolfZone)Section NEW BUSINESS Item No:J.5.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2021-02PROPOSEDMOTION"The City Council approves and Interim Use Permit IUP)for a golf driving range,subject to the conditionsofapprovalandadoptstheattachedFindingsofFactandRecommendation."Or"The City Council remands Planning Case Number 2021-02 to the Planning Commission to solicit feedbackandinputontheapplicant's request to modify recommended Condition Number 9."Approval requires a Simple Majority Vote of members present.SUMMARYAgolfdriving range operated at 825 Flying Cloud Drive from 1998 to 2018.Since golf driving ranges are an interimusewithintheA2District,the business was subject to an IUP.Due to the fact that much of the property is located withinafloodplainandhasextensivewetlands,a Conditional Use Permit CUP)and a Wetland Alteration Permit WAP)werealsorequiredinordertopreparethesiteforthebusiness.After the initial site plan and permits were approved in 1998,the original owner applied for and received a series of variances and amendments to expand the operation,includinganamendmentallowingforthesaleof3.2 percent malt liquor and the addition of a second story to the driving bunkers.Themostrecentvarianceandamendmentwasapprovedin2016andallowedforan11,100-square foot addition to theclubhouse.After the driving range closed in 2018,the IUP expired.The applicant has purchased the property and is requesting that a new IUP be issued to allow for the resumption ofthebusiness’operations.The applicant is not proposing any expansion or significant alterations to the existing facilitiesorgrounds.They have stated that their intention is to operate the business in a manner substantially similar to whatwaspreviouslypresentonsite.They are aware that a golf driving range is an interim use and that the permit willterminateoncemunicipalservicesareextendedtothesite.The city and other applicable jurisdictions have reviewed the applicant’s proposal,and as no modificationsareproposedthatcouldimpactanyofthesite’s sensitive environmental features,no agency has expressed concernsabouttheproposedreopening.Staff reviewed the previously issued IUP and has retained the conditions that arestillapplicable.The city is also requiring that the applicant pass a fire and building inspection and address anyCodeviolationsthatmaybepresentbeforereopening.Given that a golf driving range operated in this location formanyyearswithoutissue,staff recommends that an IUP,with appropriate conditions to mitigate potential impacts,beapprovedtoallowfortheresumptionofoperationsonthissite.During the January 5,2021 public hearing,the Planning Commission voted 6-0 to recommend approval of thetheIUP,subject to the conditions of approval.A full discussion of the requested IUP can be found in the attached staff report.BACKGROUNDThesubjectsiteissouth of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying CloudDriveintersection.The site is over 90 acres in area.The vast majority of the property is in the floodplain of the Minnesota River.This means the site is subject to periodic flooding.There is a creek Assumption Seminary Creek)on site and a large wetland surrounding the subject site,whichencompassesadjacentpropertiesthatareunderthejurisdictionoftheDepartmentofNaturalResources DNR).ThesubjectsiteisoneofthefewparcelsnotincludedintheMinnesotaRiverRaguet”Wildlife Management Area.Thisentirepropertyhasbeenidentifiedasanareawhosedevelopmentpatternneedstobesensitivetothewatershed,includingthewetlandandthecreek.The subject property has gone through the public hearing process for a variety of reasons in the past.On July 13,1998*,the City Council approved the following subject to conditions):Site Plan 98-8 for a golf improvement center.Interim Use Permit 98-2 which expires in the year 2020,to allow golf and driving range in the A2 District.Conditional Use Permit 98-2 for alteration of a floodplain.Wetland Alteration Permit 98-1.First reading and waived the second reading of Code Amendment 98-1 to amend Section 20-265,StandardsforGolfDrivingRangestoallowaretailproshop.Variance to allow the square footage of the office/clubhouse to be increased to 986 square feet.*On July 13,1998,the City Council denied the request for extended hours of operation Variance 98-1).On September 13,1999*,the City Council approved the following,subject to conditions:An amendment to City Code Section 10-55(b)to allow golf course driving ranges with permanent plumbingfacilitiestobeeligibleforaliquorlicense.On-sale intoxicating sale 3.2 percent malt liquor license contingent upon receipt of the 280 license fee andtheliquorliabilityinsurancecertificate.The licensed premises would include the clubhouse and outdoor brick patio,driving range,par-three course,and putting course.No beer would be allowed to be consumed in the parking lot area.An amendment to Site Plan 98-8 to allow for an expansion of a second story to the driving bunkers forRSSGolf.On October 27,2006,the City Council approved the following subject to conditions:An amendment to Site Plan 98-8 and Interim Use Permit 98-2 for the construction of an 11,100 square-footadditiontotheprincipalstructure.A 10,300 square-foot building area variance from the 800 square-foot building area restriction for the golfdrivingrangeprincipalstructure.A variance for the use of steel paneling as a primary exterior material.
On February 2,2016,the previous site owner withdrew an application for the following:
An amendment to Site Plan 98-8,Interim Use Permit 98-2,and Conditional Use Permit 98-2 to allow an
outdoor recreation area for volleyball and horseshoes,upgrades to existing patio area,and a paintball course.
A variance to allow two monument signs that are non-compliant with City Code design standards,exceed the
number of allowed signs,and exceed the maximum display area for signage in the Agricultural Estate District
A2).
An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an exempt firearm use and
as an Interim Use in the Agricultural Estate District A2).
On January 5,2021 the Planning Commission met at its regularly scheduled meeting to consider the application.The
Planning Commission conducted a public hearing on the proposed IUP preceded by published and mailed notice.The
Planning Commission heard testimony from all interested persons wishing to speak and voted 6-0 to recommend
approval of the requested IUP,subject to the conditions of approval.
No member of the public spoke during the public hearing,nor was staff contacted by residents expressing support or
concern for the proposal.
During the meeting,the Planning Commission expressed the following:
1.Commissioner Weick asked if staff had conducted a site visit and if there were concerns about the impact of the
used ball collection machines on the driving range.Staff responded that a site visit had been conducted,and
Water Resources Coordinator Unmacht stated that he did not believe the use of a ball collection machine would
negatively impact the wetlands or floodplain.
Note:Staff was unable to find the files containing Site Plan 98-8,Interim Use Permit 98-2,Conditional Use Permit
98-2,Variance 98-1,and Wetland Alteration Permit 98-1.As a result,staff has relied on the background notes and
research contained in the staff reports and files from Planning Cases 2006-30 and 2016-01 and the archives
associated with the July 13,1998 City Council Meeting.
DISCUSSION
After the Planning Commission voted to recommend approval of the requested IUP on January 5,2021,the applicant
contacted staff to express concern over Condition 9 which states:Driving range nets shall comply with previous
recommendations from the DNR,including the condition that the nets be 4½feet off of the ground.”The applicant
stated that they did not believe they could install the nets until spring,and asked if they could operate the facility
without the nets being in place.Staff indicated that they could not administratively exempt the facility from a condition
of approval,and that they felt the presence of nets was required to confine balls to the approved driving range area.
The applicant indicated their intention to ask City Council for relief from this condition,and stated that they were not
aware of the condition until after the Planning Commission’s action on January 5th.The condition in question was
carried over from the property’s previous IUP IUP 98-2).
The condition is intended to balance concerns over wildlife’s ability to transverse the property,hence the 4½foot
ground clearance,with the potential for stray balls to end up in the wetland or Minnesota River.Staff understands that
a few,if any,golfers would be able to hit a golf ball directly into the wetlands however,the concern is that if the balls
are not confined to the driving range area,they may not be picked up as they could land outside the areas in which ball
pickers are operated.As the driving range area is within a flood plain,these balls could subsequently be transported
by floodwaters into the river or preserve class wetland that borders the driving range.
As driving ranges typically feature nets to prevent stray balls from causing issues,staff does not believe the proposed
condition is extraordinary or unreasonable.Since this condition is designed to mitigate a potential environmental impact
of the driving range,staff is concerned that its removal or alteration could impact driving ranges'ability to meet the
standards required for issuing an IUP.In order to conduct due diligence and provide an opportunity for residents and
other agencies to weigh in on the proposed change,staff recommends that if the City Council is willing to consider this
request,the item be remanded back to the Planning Commission for a public hearing and recommendation.
CITY COUNCIL STAFFREPORTMonday,January 25,2021SubjectApproveaRequest for an Interim Use Permit to Operate a Golf Driving Range onPropertyLocatedat825FlyingCloudDriveGolfZone)Section NEW BUSINESS Item No:J.5.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2021-02PROPOSEDMOTION"The City Council approves and Interim Use Permit IUP)for a golf driving range,subject to the conditionsofapprovalandadoptstheattachedFindingsofFactandRecommendation."Or"The City Council remands Planning Case Number 2021-02 to the Planning Commission to solicit feedbackandinputontheapplicant's request to modify recommended Condition Number 9."Approval requires a Simple Majority Vote of members present.SUMMARYAgolfdriving range operated at 825 Flying Cloud Drive from 1998 to 2018.Since golf driving ranges are an interimusewithintheA2District,the business was subject to an IUP.Due to the fact that much of the property is located withinafloodplainandhasextensivewetlands,a Conditional Use Permit CUP)and a Wetland Alteration Permit WAP)werealsorequiredinordertopreparethesiteforthebusiness.After the initial site plan and permits were approved in 1998,the original owner applied for and received a series of variances and amendments to expand the operation,includinganamendmentallowingforthesaleof3.2 percent malt liquor and the addition of a second story to the driving bunkers.Themostrecentvarianceandamendmentwasapprovedin2016andallowedforan11,100-square foot addition to theclubhouse.After the driving range closed in 2018,the IUP expired.The applicant has purchased the property and is requesting that a new IUP be issued to allow for the resumption ofthebusiness’operations.The applicant is not proposing any expansion or significant alterations to the existing facilitiesorgrounds.They have stated that their intention is to operate the business in a manner substantially similar to whatwaspreviouslypresentonsite.They are aware that a golf driving range is an interim use and that the permit willterminateoncemunicipalservicesareextendedtothesite.The city and other applicable jurisdictions have reviewed the applicant’s proposal,and as no modificationsareproposedthatcouldimpactanyofthesite’s sensitive environmental features,no agency has expressed concernsabouttheproposedreopening.Staff reviewed the previously issued IUP and has retained the conditions that arestillapplicable.The city is also requiring that the applicant pass a fire and building inspection and address anyCodeviolationsthatmaybepresentbeforereopening.Given that a golf driving range operated in this location formanyyearswithoutissue,staff recommends that an IUP,with appropriate conditions to mitigate potential impacts,beapprovedtoallowfortheresumptionofoperationsonthissite.During the January 5,2021 public hearing,the Planning Commission voted 6-0 to recommend approval of thetheIUP,subject to the conditions of approval.A full discussion of the requested IUP can be found in the attached staff report.BACKGROUNDThesubjectsiteissouth of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying CloudDriveintersection.The site is over 90 acres in area.The vast majority of the property is in the floodplain of the Minnesota River.This means the site is subject to periodic flooding.There is a creek Assumption Seminary Creek)on site and a large wetland surrounding the subject site,whichencompassesadjacentpropertiesthatareunderthejurisdictionoftheDepartmentofNaturalResources DNR).Thesubjectsiteisoneofthefewparcelsnotincludedinthe Minnesota River Raguet”Wildlife Management Area.Thisentirepropertyhasbeenidentifiedasanareawhosedevelopmentpatternneedstobesensitivetothewatershed,includingthewetlandandthecreek.The subject property has gone through the public hearing process for a variety of reasons in the past.On July 13,1998*,the City Council approved the following subject to conditions):Site Plan 98-8 for a golf improvement center.Interim Use Permit 98-2 which expires in the year 2020,to allow golf and driving range in the A2 District.Conditional Use Permit 98-2 for alteration of a floodplain.Wetland Alteration Permit 98-1.First reading and waived the second reading of Code Amendment 98-1 to amend Section 20-265,StandardsforGolfDrivingRangestoallowaretailproshop.Variance to allow the square footage of the office/clubhouse to be increased to 986 square feet.*On July 13,1998,the City Council denied the request for extended hours of operation Variance 98-1).On September 13,1999*,the City Council approved the following,subject to conditions:An amendment to City Code Section 10-55(b)to allow golf course driving ranges with permanent plumbingfacilitiestobeeligibleforaliquorlicense.On-sale intoxicating sale 3.2 percent malt liquor license contingent upon receipt of the 280 license fee andtheliquorliabilityinsurancecertificate.The licensed premises would include the clubhouse and outdoor brick patio,driving range,par-three course,and putting course.No beer would be allowed to be consumed in the parking lot area.An amendment to Site Plan 98-8 to allow for an expansion of a second story to the driving bunkers forRSSGolf.On October 27,2006,the City Council approved the following subject to conditions:An amendment to Site Plan 98-8 and Interim Use Permit 98-2 for the construction of an 11,100 square-footadditiontotheprincipalstructure.A 10,300 square-foot building area variance from the 800 square-foot building area restriction for the golfdrivingrangeprincipalstructure.A variance for the use of steel paneling as a primary exterior material.On February 2,2016,the previous site owner withdrew an application for the following:An amendment to Site Plan 98-8,Interim Use Permit 98-2,and Conditional Use Permit 98-2 to allowanoutdoorrecreationareaforvolleyballandhorseshoes,upgrades to existing patio area,and a paintball course.A variance to allow two monument signs that are non-compliant with City Code design standards,exceedthenumberofallowedsigns,and exceed the maximum display area for signage in the Agricultural Estate District(A2).An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an exempt firearm useandasanInterimUseintheAgriculturalEstateDistrictA2).On January 5,2021 the Planning Commission met at its regularly scheduled meeting to consider the application.ThePlanningCommissionconductedapublichearingontheproposedIUPprecededbypublishedandmailed notice.ThePlanningCommissionheardtestimonyfromallinterested persons wishing to speak and voted 6-0 torecommendapprovaloftherequestedIUP,subject to the conditions of approval.No member of the public spoke during the public hearing,nor was staff contacted by residents expressing supportorconcernfortheproposal.During the meeting,the Planning Commission expressed the following:1.Commissioner Weick asked if staff had conducted a site visit and if there were concerns about the impact oftheusedballcollectionmachinesonthedrivingrange.Staff responded that a site visit had been conducted,andWaterResourcesCoordinatorUnmachtstatedthathedidnotbelievetheuseofaballcollectionmachinewouldnegativelyimpactthewetlandsorfloodplain.*Note:Staff was unable to find the files containing Site Plan 98-8,Interim Use Permit 98-2,Conditional UsePermit98-2,Variance 98-1,and Wetland Alteration Permit 98-1.As a result,staff has relied on the background notesandresearchcontainedinthestaffreportsandfilesfromPlanningCases2006-30 and 2016-01 and thearchivesassociatedwiththeJuly13,1998 City Council Meeting.DISCUSSIONAfterthePlanning Commission voted to recommend approval of the requested IUP on January 5,2021,theapplicantcontactedstafftoexpressconcernoverCondition9whichstates:Driving range nets shall comply withpreviousrecommendationsfromtheDNR,including the condition that the nets be 4½feet off of the ground.”Theapplicantstatedthattheydidnotbelievetheycouldinstallthenetsuntilspring,and asked if they could operate thefacilitywithoutthenetsbeinginplace.Staff indicated that they could not administratively exempt the facility from aconditionofapproval,and that they felt the presence of nets was required to confine balls to the approved driving range area.The applicant indicated their intention to ask City Council for relief from this condition,and stated that they werenotawareoftheconditionuntilafterthePlanningCommission’s action on January 5th.The condition in questionwascarriedoverfromtheproperty’s previous IUP IUP 98-2).The condition is intended to balance concerns over wildlife’s ability to transverse the property,hence the 4½footgroundclearance,with the potential for stray balls to end up in the wetland or Minnesota River.Staff understandsthatafew,if any,golfers would be able to hit a golf ball directly into the wetlands however,the concern is that if theballsarenotconfinedtothedrivingrangearea,they may not be picked up as they could land outside the areas in whichballpickersareoperated.As the driving range area is within a flood plain,these balls could subsequently betransportedbyfloodwatersintotheriverorpreserveclasswetlandthatbordersthedrivingrange.As driving ranges typically feature nets to prevent stray balls from causing issues,staff does not believe theproposedconditionisextraordinaryorunreasonable.Since this condition is designed to mitigate a potential environmentalimpactofthedrivingrange,staff is concerned that its removal or alteration could impact driving ranges'ability to meetthestandardsrequiredforissuinganIUP.In order to conduct due diligence and provide an opportunity for residentsandotheragenciestoweighinontheproposedchange,staff recommends that if the City Council is willing to consider this
request,the item be remanded back to the Planning Commission for a public hearing and recommendation.
RECOMMENDATION
Staff recommends that the City Council approve the Interim Use Permit IUP)for a golf driving range subject to the
conditions of approval,and adopt the attached Findings of Fact and Recommendation:
1.This IUP will terminate 12 months after the parcels to the north across Flying Cloud 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 corrected.
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 shall comply with previous recommendations from the DNR,including the condition that the
nets be 4½feet 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.
CITY COUNCIL STAFFREPORTMonday,January 25,2021SubjectApproveaRequest for an Interim Use Permit to Operate a Golf Driving Range onPropertyLocatedat825FlyingCloudDriveGolfZone)Section NEW BUSINESS Item No:J.5.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case No.2021-02PROPOSEDMOTION"The City Council approves and Interim Use Permit IUP)for a golf driving range,subject to the conditionsofapprovalandadoptstheattachedFindingsofFactandRecommendation."Or"The City Council remands Planning Case Number 2021-02 to the Planning Commission to solicit feedbackandinputontheapplicant's request to modify recommended Condition Number 9."Approval requires a Simple Majority Vote of members present.SUMMARYAgolfdriving range operated at 825 Flying Cloud Drive from 1998 to 2018.Since golf driving ranges are an interimusewithintheA2District,the business was subject to an IUP.Due to the fact that much of the property is located withinafloodplainandhasextensivewetlands,a Conditional Use Permit CUP)and a Wetland Alteration Permit WAP)werealsorequiredinordertopreparethesiteforthebusiness.After the initial site plan and permits were approved in 1998,the original owner applied for and received a series of variances and amendments to expand the operation,includinganamendmentallowingforthesaleof3.2 percent malt liquor and the addition of a second story to the driving bunkers.Themostrecentvarianceandamendmentwasapprovedin2016andallowedforan11,100-square foot addition to theclubhouse.After the driving range closed in 2018,the IUP expired.The applicant has purchased the property and is requesting that a new IUP be issued to allow for the resumption ofthebusiness’operations.The applicant is not proposing any expansion or significant alterations to the existing facilitiesorgrounds.They have stated that their intention is to operate the business in a manner substantially similar to whatwaspreviouslypresentonsite.They are aware that a golf driving range is an interim use and that the permit willterminateoncemunicipalservicesareextendedtothesite.The city and other applicable jurisdictions have reviewed the applicant’s proposal,and as no modificationsareproposedthatcouldimpactanyofthesite’s sensitive environmental features,no agency has expressed concernsabouttheproposedreopening.Staff reviewed the previously issued IUP and has retained the conditions that arestillapplicable.The city is also requiring that the applicant pass a fire and building inspection and address anyCodeviolationsthatmaybepresentbeforereopening.Given that a golf driving range operated in this location formanyyearswithoutissue,staff recommends that an IUP,with appropriate conditions to mitigate potential impacts,beapprovedtoallowfortheresumptionofoperationsonthissite.During the January 5,2021 public hearing,the Planning Commission voted 6-0 to recommend approval of thetheIUP,subject to the conditions of approval.A full discussion of the requested IUP can be found in the attached staff report.BACKGROUNDThesubjectsiteissouth of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying CloudDriveintersection.The site is over 90 acres in area.The vast majority of the property is in the floodplain of the Minnesota River.This means the site is subject to periodic flooding.There is a creek Assumption Seminary Creek)on site and a large wetland surrounding the subject site,whichencompassesadjacentpropertiesthatareunderthejurisdictionoftheDepartmentofNaturalResources DNR).Thesubjectsiteisoneofthefewparcelsnotincludedinthe Minnesota River Raguet”Wildlife Management Area.Thisentirepropertyhasbeenidentifiedasanareawhosedevelopmentpatternneedstobesensitivetothewatershed,includingthewetlandandthecreek.The subject property has gone through the public hearing process for a variety of reasons in the past.On July 13,1998*,the City Council approved the following subject to conditions):Site Plan 98-8 for a golf improvement center.Interim Use Permit 98-2 which expires in the year 2020,to allow golf and driving range in the A2 District.Conditional Use Permit 98-2 for alteration of a floodplain.Wetland Alteration Permit 98-1.First reading and waived the second reading of Code Amendment 98-1 to amend Section 20-265,StandardsforGolfDrivingRangestoallowaretailproshop.Variance to allow the square footage of the office/clubhouse to be increased to 986 square feet.*On July 13,1998,the City Council denied the request for extended hours of operation Variance 98-1).On September 13,1999*,the City Council approved the following,subject to conditions:An amendment to City Code Section 10-55(b)to allow golf course driving ranges with permanent plumbingfacilitiestobeeligibleforaliquorlicense.On-sale intoxicating sale 3.2 percent malt liquor license contingent upon receipt of the 280 license fee andtheliquorliabilityinsurancecertificate.The licensed premises would include the clubhouse and outdoor brick patio,driving range,par-three course,and putting course.No beer would be allowed to be consumed in the parking lot area.An amendment to Site Plan 98-8 to allow for an expansion of a second story to the driving bunkers forRSSGolf.On October 27,2006,the City Council approved the following subject to conditions:An amendment to Site Plan 98-8 and Interim Use Permit 98-2 for the construction of an 11,100 square-footadditiontotheprincipalstructure.A 10,300 square-foot building area variance from the 800 square-foot building area restriction for the golfdrivingrangeprincipalstructure.A variance for the use of steel paneling as a primary exterior material.On February 2,2016,the previous site owner withdrew an application for the following:An amendment to Site Plan 98-8,Interim Use Permit 98-2,and Conditional Use Permit 98-2 to allowanoutdoorrecreationareaforvolleyballandhorseshoes,upgrades to existing patio area,and a paintball course.A variance to allow two monument signs that are non-compliant with City Code design standards,exceedthenumberofallowedsigns,and exceed the maximum display area for signage in the Agricultural Estate District(A2).An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an exempt firearm useandasanInterimUseintheAgriculturalEstateDistrictA2).On January 5,2021 the Planning Commission met at its regularly scheduled meeting to consider the application.ThePlanningCommissionconductedapublichearingontheproposedIUPprecededbypublishedandmailed notice.ThePlanningCommissionheardtestimonyfromallinterested persons wishing to speak and voted 6-0 torecommendapprovaloftherequestedIUP,subject to the conditions of approval.No member of the public spoke during the public hearing,nor was staff contacted by residents expressing supportorconcernfortheproposal.During the meeting,the Planning Commission expressed the following:1.Commissioner Weick asked if staff had conducted a site visit and if there were concerns about the impact oftheusedballcollectionmachinesonthedrivingrange.Staff responded that a site visit had been conducted,andWaterResourcesCoordinatorUnmachtstatedthathedidnotbelievetheuseofaballcollectionmachinewouldnegativelyimpactthewetlandsorfloodplain.*Note:Staff was unable to find the files containing Site Plan 98-8,Interim Use Permit 98-2,Conditional UsePermit98-2,Variance 98-1,and Wetland Alteration Permit 98-1.As a result,staff has relied on the background notesandresearchcontainedinthestaffreportsandfilesfromPlanningCases2006-30 and 2016-01 and thearchivesassociatedwiththeJuly13,1998 City Council Meeting.DISCUSSIONAfterthePlanning Commission voted to recommend approval of the requested IUP on January 5,2021,theapplicantcontactedstafftoexpressconcernoverCondition9whichstates:Driving range nets shall comply withpreviousrecommendationsfromtheDNR,including the condition that the nets be 4½feet off of the ground.”Theapplicantstatedthattheydidnotbelievetheycouldinstallthenetsuntilspring,and asked if they could operate thefacilitywithoutthenetsbeinginplace.Staff indicated that they could not administratively exempt the facility from aconditionofapproval,and that they felt the presence of nets was required to confine balls to the approved driving range area.The applicant indicated their intention to ask City Council for relief from this condition,and stated that they werenotawareoftheconditionuntilafterthePlanningCommission’s action on January 5th.The condition in questionwascarriedoverfromtheproperty’s previous IUP IUP 98-2).The condition is intended to balance concerns over wildlife’s ability to transverse the property,hence the 4½footgroundclearance,with the potential for stray balls to end up in the wetland or Minnesota River.Staff understandsthatafew,if any,golfers would be able to hit a golf ball directly into the wetlands however,the concern is that if theballsarenotconfinedtothedrivingrangearea,they may not be picked up as they could land outside the areas in whichballpickersareoperated.As the driving range area is within a flood plain,these balls could subsequently betransportedbyfloodwatersintotheriverorpreserveclasswetlandthatbordersthedrivingrange.As driving ranges typically feature nets to prevent stray balls from causing issues,staff does not believe theproposedconditionisextraordinaryorunreasonable.Since this condition is designed to mitigate a potential environmentalimpactofthedrivingrange,staff is concerned that its removal or alteration could impact driving ranges'ability to meetthestandardsrequiredforissuinganIUP.In order to conduct due diligence and provide an opportunity for residentsandotheragenciestoweighinontheproposedchange,staff recommends that if the City Council is willing to considerthisrequest,the item be remanded back to the Planning Commission for a public hearing and recommendation.RECOMMENDATIONStaffrecommendsthatthe City Council approve the Interim Use Permit IUP)for a golf driving range subject totheconditionsofapproval,and adopt the attached Findings of Fact and Recommendation:1.This IUP will terminate 12 months after the parcels to the north across Flying Cloud Drive,850 Flying CloudDriveand780FlyingCouldDrive,connect to city sewer.2.Prior to resuming operations,the property owner must schedule an inspection of the property to verify thatthepropertymeetsbuilding,accessibility,and property maintenance codes.The property owner must providetheinspectoraccesstotheinteriorandexteriorareasoftheproperty.All health and safety items noted duringtheinspectionmustbecorrectedpriortoreopening,and any remaining items will need to be addressed bythedatesnotedonanycompliancelettersthatresultfromtheinspection.3.Property owner must provide evidence that a septic compliance inspection took place at the time of sale.ThisevidencemustshowthatrequirementsofCarverCounty Ordinance Section 52.199 were followed at thetimeofpropertytransfer.If no septic compliance inspection occurred,a compliance inspection must beconductedandanydeficienciescorrected.4.Prior to resuming operations,a fire inspection must be conducted.All health and safety items noted duringtheinspectionmustbecorrectedpriortoreopening,and any remaining items will need to be addressed bythedatesnotedonanycompliancelettersthatresultfromtheinspection.5.No development,grading,or expansion of the site is permitted beyond what was approved under InterimUsePermit98-2,Conditional Use Permit 98-2,Wetland Alteration Permit 98-1,and Site Plan 98-8,asrestatedandamended.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 shouldbesubmittedtothecityforapproval.Minor grading may also be necessary to ensure the rain gardenfunctionsproperly.7.A minimum of 45 landscape trees all existing trees)must be maintained within the developed area frombackofbuildingnorthuptoright-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 thatthenetsbe4½feet off of the ground.10.A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year.Storageofallchemicalsshallbeoutsideofthefloodplain.11 .The property owner shall be responsible for maintenance of the storm drainage improvements pondsandditches).Failure to properly maintain the storm drainage improvement shall give the city the right to hire outtheworkandbilltheapplicantand/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 buildingsonthesite.15.Any further site development or land alterations that occur within the floodplain or near the wetland mayrequireadditionalapprovalsorpermitting.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.
ATTACHMENTS:
Staff Report
Findings of Fact Approval)
Exhibit A
Development Review Application
Narrative
Statement of Compliance
Site Plan Full Site)
Site Plan Building Area)
Restated SPA,IUP,CUP
Engineering Memo
WRC Memo
WSD Comments
CC Comments
Affidavit of Mailing
IUP 2021-02
CITY OF CHANHASSEN
PC DATE: January 5, 2021
CC DATE: January 25, 2021
REVIEW DEADLINE: February 2, 2021
CASE #: PC 2021-02
BY: MYW
SUMMARY OF REQUEST: The applicant is requesting an Interim Use Permit (IUP) to
operate a golf driving range on a property zoned “A2” – Agricultural Estate District. A golf
driving range was previously operated on the property under IUP 1998-2; however, this permit
expired after the driving range closed in 2018. The applicant is proposing resuming operation of
the pre-existing driving range in line with requirements of the previously issued IUP.
LOCATION: 825 Flying Cloud Drive
APPLICANT: Brian and Keri Colvin
825 Flying Cloud Drive
Chaska, MN 55318
PRESENT ZONING: “A2” – Agricultural Estate District
2040 LAND USE PLAN: Office/Agriculture
ACREAGE: 97.75 acres
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the zoning ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
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.”
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 2
PROPOSAL/SUMMARY
A golf driving range operated at 825 Flying
Cloud Drive from 1998 to 2018. Since golf
driving ranges are an interim use within the A2
district, the business was subject to an IUP. Due
to the fact that much of the property is located
within a floodplain and has extensive wetlands, a
Conditional Use Permit (CUP) and a Wetland
Alteration Permit (WAP) were also required in
order to prepare the site for the business. After
the initial site plan and permits were approved in
1998, the original owner applied for and received
a series of variances and amendments to expand
the operation, including an amendment allowing
for the sale of 3.2 percent malt liquor and the
addition of a second story to the driving bunkers.
The most recent variance and amendment was
approved in 2016 and allowed for an 11,100-
square foot addition to the club house. After the
driving range closed in 2018, the IUP expired.
The applicant has purchased the property and is
requesting that a new IUP be issued to allow for
the resumption of the business’s operations. The
applicant is not proposing any expansion or
significant alterations to the existing facilities or
grounds. They have stated that their intention is
to operate the business in a manner substantially
similar to what was previously present on site.
They are aware that a golf driving range is an
interim use and that the permit will terminate
once municipal services are extended to the site.
The City and other applicable jurisdictions have reviewed the applicant’s proposal, and as no
modifications are proposed that could impact any of the site’s sensitive environmental features,
no agency has expressed concerns about the proposed reopening. Staff reviewed the previously
issued IUP and has retained the conditions that are still applicable. The City is also requiring that
the applicant pass a fire and building inspection and address any Code violations that may be
present before reopening. Given that a golf driving range operated in this location for many years
without issue, staff recommends that an IUP, with appropriate conditions to mitigate potential
impacts, be approved to allow for the resumption of operations on this site.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 3
APPLICABLE REGULATIONS
Chapter 19, Article III, Section 19-41, Connection Required
Chapter 20, Article IV, Division 2, Section 20-232, General Issuance Standards
Chapter 20, Article IV, Division 3, Section 20-259, Golf Driving Ranges
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article V, Floodplain Overlay District
Chapter 20, Article VII, Shoreland Management District
Chapter 20, Article X, “A-2” Agricultural Estate District
BACKGROUND
The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road
61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the
property is in the floodplain of the Minnesota River. This means the site is subject to periodic
flooding.
There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject
site, which encompasses adjacent properties that are under the jurisdiction of the Department of
Natural Resources (DNR). The subject site is one of the few parcels not included in the Minnesota
River “Raguet” Wildlife Management Area. This entire property has been identified as an area
whose development pattern needs to be sensitive to the watershed, including the wetland and the
creek.
The subject property has gone through the public hearing process for a variety of reasons in the past.
On July 13, 1998*, the City Council approved the following (subject to conditions):
Site Plan #98-8 for a golf improvement center.
Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in
the A2 District.
Conditional Use Permit #98-2 for alteration of a floodplain.
Wetland Alteration Permit #98-1.
First reading and waived the second reading of Code Amendment #98-1 to amend Section
20-265, Standards for Golf Driving Ranges to allow a retail pro shop.
Variance to allow the square footage of the office/clubhouse to be increased to 986 square
feet.
On July 13, 1998, the City Council denied the request for extended hours of operation (Variance
98-1).
On September 13, 1999*, the City Council approved the following, subject to conditions:
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 4
An amendment to City Code Section 10-55(b) to allow golf course driving ranges with
permanent plumbing facilities to be eligible for a liquor license.
On-sale intoxicating sale 3.2 malt liquor license contingent upon receipt of the $280 license
fee and the liquor liability insurance certificate. The licensed premises would include the
clubhouse and outdoor brick patio, driving range, par-three course, and putting course. No
beer would be allowed to be consumed in the parking lot area.
An amendment to Site Plan #98-8 to allow for an expansion of a second story to the driving
bunkers for RSS Golf.
On October 27, 2006, the City Council approved the following subject to conditions:
An amendment to Site Plan #98-8 and Interim Use Permit #98-2 for the construction of an
11,100 square-foot addition to the principal structure.
A 10,300 square-foot building area variance from the 800 square-foot building area
restriction for the golf driving range principal structure.
A variance for the use of steel paneling as a primary exterior material.
On February 2, 2016, the previous site owner withdrew an application for the following:
An amendment to Site Plan #98-8, Interim Use Permit 98-2, and Conditional Use Permit 98-
2 to allow an outdoor recreation area for volleyball and horseshoes, upgrades to existing
patio area, and a paintball course.
A variance to allow two monument signs that are non-compliant with City Code design
standards, exceed the number of allowed signs, and exceed the maximum display area for
signage in the Agricultural Estate District (A2).
An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an
exempt firearm use and as an Interim Use in the Agricultural Estate District (A2).
Note: Staff was unable to find the files containing Site Plan 98-8, Interim Use Permit 98-2,
Conditional Use Permit 98-2, Variance 98-1, and Wetland Alteration Permit 98-1. As a result,
staff has relied on the background notes and research contained in the staff reports and files from
Planning Cases 2006-30 and 2016-01.
SITE CONSTRAINTS
Bluff Creek Corridor
This is not located within the Bluff Creek Overlay District.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 5
Wetland Protection
A wetland delineation was conducted
and approved when the development
originally went in. Because the function
of the site is not changing, and that no
impacts to the wetland or area adjacent
to the wetland areas are anticipated,
another wetland delineation will not be
required. The wetlands on site are
classified as preserve, meaning that they
are considered high quality. However,
the building, parking lot, and driving
range are all located outside of the
wetland area and its associated setbacks
and buffers. Additionally, the use of the
property will not negatively impact the
wetland. The applicant is not proposing
any other activities or alterations that are
expected to impact the wetland.
The Lower Minnesota River Watershed District has echoed the above noting that since no land-
disturbing activities, drainage alteration, or fill is proposed, they have no concerns with the
proposal. The watershed has advised that the applicant should familiarize themselves with
watershed rules, and that if they decided at a future date to conduct any land disturbing activities,
drainage alterations, or add fill, approval from the Watershed District will be required. In the
event that the applicant decides any of the aforementioned activities are necessary, City approval
would also be required.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
Approximately 30,000 square feet of the northeastern most corner of the property is within the
shoreland overlay district due to being within 300 feet of the centerline of a stream. A small
section of the existing parking lot is located within this area; however, it is well clear of the
overlay district’s 100-foot parking lot setback. No other portion of the shoreland management
district’s ordinance would apply to the applicant’s proposal. The applicant is not proposing
increasing the parking lot area or encroaching further towards the stream, and as such, the
development is not anticipated to negatively impact the stream.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 6
Floodplain Overlay
This property is within the Minnesota River’s floodplain.
The majority of the parcel is located within the Floodway
District; however, the buildings are located outside of the
one percent annual chance flood area and driving ranges
are a permitted use within the Floodway District. The
applicant is not proposing any activities or alterations that
would require a Conditional Use Permit or which would
be prohibited within the floodplain overlay district.
ACCESS
Due to the realignment of Great Plains Boulevard, the site no longer has access via a signalized
intersection. While this is a change from the original conditions under which IUP 98-2 was
issued, the site still has direct access via a right-in right-out access to Flying Could Drive. Staff
believes this situation provides adequate access; however, Flying Could Drive is a county
highway and the applicant will need to abide by any conditions set by Carver County.
Carver County Public Works has indicated they have no concerns with the existing access;
however, they have requested that the applicant be required to submit an access permit
application. Staff has included this requirement as a condition of approval.
GRADING, DRAINAGE AND EROSION CONTROL
The applicant is not proposing any grading, nor are they proposing any changes to the property’s
drainage patterns. No alterations are proposed that are anticipated to require erosion control.
LANDSCAPING
The parking lot does not meet minimum requirements for landscaping. Currently, there are some
mature evergreens near the parking lot, but six deciduous trees were required at the time of the
original IUP. These required trees are not on site presently. Staff recommends that this
condition be applied to the proposed IUP.
INTERIM USE PERMIT
Interim uses are uses that the City believes are currently appropriate for an area, but will not be
suitable in future. Applicants wishing to receive an IUP must demonstrate that the use will not
unduly impact adjacent parcels or the community and that it will be consistent with the intent of
the Comprehensive Plan and zoning ordinance. The City’s zoning code lists general and specific
requirements for most IUPs. If an applicant can demonstrate that they meet all of the
requirements the City must issue an IUP; however, the City can place reasonable and justifiable
conditions on the permit in order to mitigate anticipated adverse impacts associated with a
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 7
proposed use. In order to ensure that these use are temporary, the City Code requires that an IUP
has an identified date or event that will terminate the use, stipulates that the use will terminate
upon any change in the City’s zoning regulations which renders the use nonconforming, and that
the permit will terminate in the event of subdivision or a change in lot lines. The City can also
revoke IUPs if the conditions of approval are violated.
Standards for Issuing
The standards for issuing an IUP for a golf driving range in an A2 district are listed below. Staff
has written an assessment of the applicant’s proposal’s compliance in italics beneath each
criterion.
Sec. 20-232. - General issuance standards.
The Planning Commission shall recommend a conditional use permit and the City Council
shall issue such conditional use permits only if it finds that such use at the proposed
location:
1) 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.
2) 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.
3) Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
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
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 8
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.
4) 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.
5) Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools; or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed
use.
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.
6) 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.
7) Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare 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.
8) 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.
9) Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 9
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.
10) 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.
11) 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.
12) 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.
Sec. 20-322. - General issuance standards.
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:
1) 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.
2) The use conforms to the zoning regulations.
The existing facilities and proposed use conform to the requirements of the City’s zoning
code.
3) 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.
4) 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.
5) 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.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 10
6) 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.
Sec. 20-259. - Golf driving ranges.
The following applies to golf driving ranges with or without a miniature golf course:
1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and
access must be from a collector or arterial which leads to TH 5 or TH 212.
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.
2) Hours of operation shall be from sunrise to sunset.
The applicant is proposing the following hours of operation:
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.
3) Provision of adequate parking areas and submission of a 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.
4) 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.
5) Buildings on the site may not exceed 800 square feet and shall be painted in earth
tones.
Variances to exceed this standard were issues as part of Site Plan 98-8 and PC 06-30. The
existing buildings comply with the approved site plans and variances.
6) 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.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 11
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.
Termination
As was noted earlier, IUPs are intended to grant temporary use of a property until changing
circumstances render that use undesirable. The City Code requires that either a specific date or
event be identified that will cause the IUP to be terminated. The ordinance also specifies that
IUPs terminate if the conditions of approval are violated, the City’s zoning regulations change to
render the use nonconforming, or the property is subdivided.
In this case, the City permits golf driving ranges as an IUP as a way to provide reasonable use of
certain properties zoned A2 until sewer and water become available and the City’s long-term
land use plan for the area can be realized. The City’s 2040 Land Use Plan guides 825 Flying
Cloud Drive occupied by the golf driving range’s structures for Office Use; however, Section
2.13.3 of the City’s Comprehensive Plan allows for parcels to retain their current zoning and
less-intensive land use designation until urban services become available. Once urban services
are available, both the City’s Comprehensive Plan and intent of the IUP ordinance require that
the interim use ends in order to allow for the property to redevelop in the intended manner.
Staff would consider urban services to be available once the required connection criteria
stipulated in Section 19-41 of the City Code are met. Section 19-41 states that properties are
required to connect to City sewer when the system is extended to an adjacent premise, the same
block, or within 150 feet of the property. This section of the City Code requires the connection
be made within 12 months of any of the above criteria being met. As applied to this property,
staff would consider the criteria to be met once the sanitary sewer was extended to the parcels to
the north, 850 and 780 Flying Cloud Drive. In order to meet the requirements of the interim use
ordinance, staff will add a clause to the permit stating that the IUP will expire 12 months after
the parcels to the north connect to City sewer.
Conditions
1) This IUP 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
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 12
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 4½ 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 IUP.
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.
UTILITIES
City utilities are not available at present to the property. A private well and septic system provide
adequate water and sewer service. Once urban services are extended to the parcels to the north,
the IUP will terminate within 12 months.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 13
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the
interim use permit for a golf driving range subject to the conditions of approval, and adopts the
attached Findings of Fact and Recommendation:
1) This IUP will terminate 12 months after the parcels to the north across Flying Cloud
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 note 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 4½ 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.
825 Flying Cloud Drive (Golf Zone) IUP
January 5, 2021
Page 14
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.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Exhibit A
3. Development Review Application
4. Narrative
5. Statement of Compliance
6. Site Plan (full site)
7. Site Plan (building area)
8. Restated and Amended SPA, IUP, CUP
9. Engineering Memo
10. WRC Memo
11. Watershed Comments
12. Carver County Comments
13. Affidavit of Mailing
g:\plan\2021 planning cases\21-02 825 flying cloud dr - golf zone\golf zone iup staff report.docx
CITY 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.
1
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.
2
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:
3
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.
4
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.
5
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.
6
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
7
13
EXHIBIT A
The East half of the Southeast Quarter (E ½ of SE ¼) of Section 35, Township 116 North of Range
23 West, excepting therefrom one half (½) 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 ¼ of SE ¼) 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.
COUIUNITY DEVELOPMENT DEPART ENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1100 / Fax: (952) 227 -'1110
Submrttal Dale: '
CruOTCHAI{HASSIN
APPLICATION FOR DEVELOPMENT REVIEW
PC Dale D * *r.' I d 60-Day Review Date
Reler lo tl7€ qqopride Applicalbn Che*lisl for requircd submittal hlofinatioa lhat mus, a@n$any this application)
Comprehensive Plan Amendment...................
E Minor MUSA line for failing on-site sewers
E Conditional Use Permit (CUP)
Subdivision (SUB)
E Create 3lots or |ess.........
D Create over 3 lots.............
El Metes & Bounds (2 lots)...
ntrtr
E Wetland Alteration Permit (WAP)
E Single-Family Residence......!
ett omers.......
E zoning App€al
E Zoning Ordinance Amendment (ZOA).......
lots)
Consolidate Lots.............................
Lot Line Adjustment.........................:::.:.::.:.
Final P|at...............
lncludes $450 €scrow for attomey costs)'
Additk rEl sscrot'v may b€ tsquited for othe, epplac€lbrrs
throwh he devslopln€i{ contrad.
Vacation of Easements,/Right-of-way (VAC)........ $300
Additional rccodirE f€es may apply)
Variance (VAR).... .................. $200
600
100
tr
fi tnterirn Use Permit (lUP)
E ln coniunction with Single,Family Residence.. $325
E All Others....... .................... $425
Rezonins (REz)
tr
D
Single-Family Residence
All Others........................
Planned Unit Development (PUD) .
Minor Amendment to existing PUO
All Others..............
tr!!s750
100
500
tr
trtr
tr
Sign Plan Review.. ................... $ 1 50
Site Plan Revie$, (SPR)
E Administrative. ................... $1OO
E Commerciaulndustrial Districts'...................... $5OO
Plus $10 per 1,000 square feet of building area:(
thousand square feet)
lnqlude number ot g!i.g!Eg employees: _
lrlclude number ot !e! employoes:
I Residential Districts......................................... $5OO
Plus $5 per d,velling unit ( units)
gIE: When mulliple spplic6lions .r€ proca€3€d coicurrendy,
th€ app.opriate lee shall be cha,g€d for cach appllcadon.
1s0
275
100
500
200[ ruomcation Sign (city to i.Etatt and remo,re] ...................
E Property Owners' List within 500' (cty to generate after pre-appticarbn meeung)
Escrow for Recording Documents (check all that aooly)..............................'
E Conditional Use Permit E inferim Use permil
E Vacation EVarianceEMetss & Bounds Subdivision (3 docs.) E] Easements (_ea sem€nts)
3 per address
addresses)
50 perdocumentESitePlanAgreementEWetlandAlterationPermito*r|ff'lZr,l eq'^
Section 1: Application Type (check all that apply)
Section 2: Required lnformation
Oescription of Proposal:
Property Address or Location
pa,,cet*, 2fO3{12@
totat ecreage: 4. 1,1
Legal Description:
Wetlands Present?p ves D r.to
a
ff,3
Present Zoning Select One
Present Land Use Desig
Existing Use of Property
nation. Select One
Echeck box if separate nanative is attached
Requested Zoning . Selecl One
Requested Land Use signat ;on. Select One
r
J/s/ l
150
150
700
325
425
Seclion 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, 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. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to lile the application. This application
should be processed in my name and I am the party whom the City should contacl regarding any matter perlaining to this
application. I will keep myself informed of the deadlines for submission of material and lhe 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 lo proceed with the study. I certify that the information and exhibits submitted are true and correct.
Address
Name
Name
Contact
Phone:
city/state/zip
Email:
Cell
Fax
cell
Fax
Signature Date:
PROPERTY OWNER: ln signing this application, l, as properly owner, have full legal capacity to, and hereby do,
authorize the Iiling of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subiect 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 eslimate prior lo any authorization to proceed with the
study. I certify lhat the information and exhibits submitted are true and correct.
Name
Address
City/State/zip
PROJECT ENGINEER (if applicable)
Phone;
Cell
oalr,: H.^ /-,h,%
Address:
Citylstatezip
Email:
0*
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 defciencies shall be mailed to the applicant within 15 business days of application.
who should receive coPios of statt rcPorts?
iltr
rottE Corltac't lnformatl,on:
Name:
Address:
City/State/;ziP
Property Owner Via:
Applicant Via:
Engineer Via:
OtheF Ma:
Maibd eaper Copy
Maileo Paper copy
Mailed Paper copy
E tuaiteo PapercopyDD Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary
affiniNt Fontt ano oetiver to city along with required
form fields. then select SAVE FORM to save a copy to your
L documents and payment. SUBMIT FORM to ssnd a digital
copy to the city for Processing SAVE FORM PRINT FORM SUBi,llT FORM
Email:
Signature:
contact
9c,2-4?tl- l7q*
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Contact: _
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Section 4: Notification lnformation
D!
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Email
Email
Email
Email
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. \Men 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. Vvhile
enriching the direct and sunounding 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. ln 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 ofthe 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.
Walterc, MacKenzie
From:
Sent:
lo:
Subject:
Dcc. I - Jer" ll
Mm 10u - 8po.
Tuc-Fri 9ra - 8po
Sa-Sua 8a - 8pn
Statement of compliance with 12 general standards for an interim use permit.
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 priori$
b. While the proposed use is not consistenl with the Citys comprehensive long term plan for the area, the Citys 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 whlch has been operated for years without an issue.
d. This property will be used as a positive, non{isturbing, 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 sunounding 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 )rears without an issue.
k. The property and business will be kept to the highet standard and will not depreciate sunounding property values
l. We intend on maintaining the pre€xisting level of use, that wes operatd for )rears without any issues.
Sec. 20-259- Gof driving ranges
1. Meets this standard.
2.
tr'inding: Hours are:
Scptl-Nw.3l
Mo lOu - 7po.
Tuc-Fri 9ro - ?po
Sef-Suo 8aa - Tpor
Feb, l-Mey3l
I\[m 10ao - 9po
Tuc-Fri 9u - 9po
S{r-Sua 8a - 9!@
Jorcl-Au93l
ldo 10ro - 9po
Tue-Fri 9ro - 9p.
1
brian colvin < brcolvinT@yahoo.com >
Thursday, December 3, 2020 'l 'l:00 AM
Walters, MacKenzie
golf zone final statement of compliance
3. Meets this standard
4. Meets this standard
5. The existing facility exceeds 800 square feet which a pr@xisting varianoe was grantd from this standard.
6. We are cunently 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.
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Memorandum
To: MacKenzie Young-Walters, Associate Planner
From: Erik Henricksen, Project Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Matt Unmacht, Water Resources Coordinator
Date: December 17, 2020
Re: Golf Zone Interim Use Permit Review - City Planning Case No.
2021-02
The Engineering Department has reviewed the Interim Use Permit submittal for 825 Flying
Cloud Drive (Golf Zone). These comments are divided into two categories: general comments
and proposed conditions. General comments are informational points to guide the applicant in
the proper planning of public works infrastructure for this project, to inform the applicant of
possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are
requirements that Engineering recommends be formally imposed on the applicant in the final
order. Note that references to the “City Standards” herein refer to the City of Chanhassen
Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all utility and transportation plans submitted with this application have been
reviewed only for the purpose of determining the feasibility of providing utility and
transportation facilities for the project in accordance with City Standards. A
recommendation of Interim Use Permit (IUP) approval does not constitute final approval
of details, including but not limited to alignments, materials and points of access,
connection or discharge, that are depicted or suggested in the application. The
applicant is required to submit detailed construction drawings and/or plat drawings for
the project, as applicable. The City of Chanhassen Engineering and Public Works
Department will review plans, in detail, when they are submitted and approve, reject or
require modifications to the plans or drawings based upon conformance with City
Standards, the Chanhassen Code of Ordinances and the professional engineering
judgment of the City Engineer.
2. It is the opinion of the Engineering Department that the proposed Golf Zone can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances
as it pertains to Engineering and Public Works requirements) and City Standards,
provided it fully addresses the comments and conditions contained herein, and can be
approved.
3. Based on the applicant’s narrative and provided plans it is their intent to re-open the
existing golf driving range (Golf Zone) located at 825 Flying Cloud Drive without
alteration or additional improvements. The applicant provided in their plan submittal
the same plans submitted with the original build-out of the site, which were approved
under Site Plan Permit #98-8, Interim use Permit #98-2, and Conditional Use Permit #98-
2. Engineering staff believes condition “l.” and “o.” still apply. See proposed condition 1
and condition 2.
4. Based on the information provided by the applicant it is the intent not to alter, expand,
construct, or further improve the site from the originally approved plans and
subsequent build-out. The site is adequately served by private utilities (sanitary sewer
and water) on-site and has access directly from County State Aid Highway 61 (Flying
Cloud Drive). However, the originally submitted plans which were reviewed and
ultimately approved in 1998 do not accurately reflect the abutting right-of-way where
ingress/egress to the site is had. Previously, the intersection used to access the site at
Flying Cloud Drive and Great Plains Boulevard (TH 101) was serviced by a fully controlled
intersection via a traffic signal. During the course of the TH 101 Project, which began
construction in 2020, TH 101 was relocated further east to tie-in to a newly constructed
round-a-bout. Subsequently, the traffic signal system was removed and salvaged and a
median was constructed through the intersection creating a right-in/right-out access to
the site. As such, access has changed from the original site approval in 1998 and any
conditions set by Carver County must be adhered to. See proposed condition 2.
Proposed Conditions
1. 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.
2. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary, i.e. Carver County, Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota
Department of Transportation and comply with their conditions of approval.
Memorandum
To: MacKenzie Young-Walters, Associate Planner
From: Matt Unmacht, Water Resources Coordinator
CC: Charles Howley, Public Works Director/City Engineer
Ryan Pinkalla, Water Resources Technician
Erik Henricksen, Project Engineer
Date: December 22, 2020
Re: Golf Zone Interim Use Permit Review - City Planning Case No.
2021-02
The Water Resources Department has reviewed the Interim Use Permit submittal for 825 Flying
Cloud Drive (Golf Zone). These comments are divided into two categories: general comments
and proposed conditions. General comments are informational points to guide the applicant in
the proper planning of any water resources issues or stormwater infrastructure for this project,
to inform the applicant of possible extraordinary issues and/or to provide the basis for findings.
Proposed conditions are requirements that Water Resources recommends be formally imposed
on the applicant in the final order.
General Comments/Findings
1. Based on the applicant’s narrative and provided plans it is their intent to re -open the
existing golf driving range (Golf Zone) located at 825 Flying Cloud Drive without
alteration or additional improvements. This is an important point when reviewing this
development for potential water resources issues. The site contains one high value
wetland, classified as Preserve in the City’s Wetland Inventory Classification System. This
wetland classification requires a 40 foot permanent buffer and a 40 foot setback from
that buffer. This project is not proposing placing any structures near the wetland or
buffer.
2. Related to Number 1 above, the original site was delineated before 2015, and as such,
this delineation has expired. However, because usage of the site is not proposed to be
changed, and that the proposed development is not encroaching on the existing
wetland or buffer, a new wetland delineation is not required at this time. If, at any point
in the future, any activities are proposed in these locations, a new wetland delineation
may be necessary. The applicant shall work with the City to determine if/when this is
necessary.
3. This property is within the Minnesota River’s floodplain. The majority of the parcel is
located within the Floodway District; however, the buildings are located outside of the
one percent annual chance flood area and driving ranges are a permitted use within the
Floodway District. The applicant is not proposing any activities or alterations that would
require a Conditional Use Permit or which would be prohibited within the floodplain
overlay district. The applicant shall work with the City if any site changes within the
Floodway District are proposed as a Conditional Use Permit may be necessary.
4. There is a creek (Assumption Seminary Creek) on site, and approximately 30,000 square
feet of the northeastern most corner of the property is within the shoreland overlay
district due to being within 300 feet of the centerline of the creek. A small section of the
existing parking lot is located within this area; however, it is well clear of the overlay
district’s 100 foot parking lot setback. No other portion of the shoreland management
district’s ordinance would apply to the applicant’s proposal. The applicant is not
proposing increasing the parking lot area or encroaching further towards the stream,
and as such, the development is not anticipated to negatively impact the stream.
5. Based on the information provided by the applicant it is the intent not to alter, expand,
construct, or further improve the site from the originally approved plans and
subsequent build-out. The original IUP contained a condition that the applicant install a
rain garden in a swale on the north and west side of the proposed addition, and
including plantings within the rain garden. It does not appear that those plantings ever
took within the rain garden or were not originally installed. See proposed condition 2
below regarding improvements to the rain garden.
6. It is the opinion of the Water Resources Department that the proposed Golf Zone can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances
as it pertains to Water Resources requirements) and City Standards, provided it fully
addresses the comments and conditions contained herein, and can be approved.
Proposed Conditions
1. 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.
2. The applicant shall 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 might also be necessary to ensure the rain garden functions
properly.
3. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary, i.e. Carver County, Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota
Department of Transportation and comply with their conditions of approval.
4. Any further site development or land alterations that occur within the floodplain or near
the wetland might need additional approvals or permitting. All potential changes must
be approved and properly permitted if proposed.
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Agency Review Request - 825 Flying Cloud Drive (Golf Zone)
Date:Monday, December 28, 2020 2:38:02 PM
From: Katy Thompson <katy@youngecg.com>
Sent: Monday, December 21, 2020 5:08 PM
To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us>
Cc: Linda Loomis <naiadconsulting@gmail.com>; Della Schall Young <della@youngecg.com>
Subject: Re: Agency Review Request - 825 Flying Cloud Drive (Golf Zone)
Good afternoon Mackenzie,
The Lower Minnesota River Watershed District has reviewed the documents provided
for the interim use permit at 825 Flying Cloud Drive (Gold Zone). While the project is
located within the 100-year floodplain, as presented the project does not propose any
land-disturbing activities, drainage alteration, or placement of fill. The LMRWD does
not have any comments at this time, however we recommend that the owners of 825
Flying Cloud Drive review the District's rules before disturbing any land, placing any
fill, or altering any drainageways on the site. If the Project changes significantly, a
narrative summarizing the proposed change and how it maintains compliance with
Rule C - Floodplain and Drainage Alteration Rule, or others it may trigger with the
changes, must be submitted to the District.
Thank you and please do not hesitate to contact us with any questions,
Katy
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Agency Review Request - 825 Flying Cloud Drive (Golf Zone)
Date:Monday, December 28, 2020 2:40:55 PM
From: Angie Stenson <astenson@co.carver.mn.us>
Sent: Monday, December 21, 2020 4:23 PM
To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us>; Henricksen, Erik
EHenricksen@ci.chanhassen.mn.us>
Cc: Lyndon Robjent <lrobjent@co.carver.mn.us>; Dan McCormick <dmccormick@co.carver.mn.us>;
Darin Mielke <dmielke@co.carver.mn.us>
Subject: RE: Agency Review Request - 825 Flying Cloud Drive (Golf Zone)
Hi MacKenzie and Erik,
We had a chance to review the materials for the Golf Zone IUP located at 825FlyingCloudDr. At this time, our only comment and condition is for the applicant to submitanaccesspermitapplicationtoCountyPublicWorksastheCountyistheroadauthoritynowinsteadofMnDOT. We do not have outstanding concerns about the existing access.
I noticed on the agency review request the response deadline is today. Please addthisconditiontothestaffreportand/or let me know if a formal memo is preferred fromusfortheCouncilmeetingonJanuary25.
Angie Stenson AICP Sr. Transportation Planner
Carver County Public Works
Mobile 612.360.7422 Email astenson@co.carver.mn.us
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COI-]NTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, 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 ofthe 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.202l-02 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid 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 ofthe County Treasurer, Carver
County, Minnesot4 and by other appropriate records.
I
Kim u wissen, Deputy
Seal)
JEAII USIECKLINGlOyruUr*neorl*rqthtr.e.
i
v
No tary Public
Subscribed and s)a(om to before me
thi€I( day of l-Y(<wrr'< f . 2020.
Subiect
Parcel Area
Disclaimer
This map is neilher a legally re@rded map nor a suNey and is not antended to be used
as one. This map is a @mpilalion of rcco.ds. anformalion and data located in vadous cit,
county, sbte and lederal off@s and other sour@s regarding the area shown, and is lo
be us€d for reference purposes only The City does not wanant that the Geographic
lnformalion System (GlS) Data used to prepare tiis map are enor ftee. and the City does
not rep.esent lhat the GIS Data can be used for navrgational, tracking or any other
pu.po+ requiring exacting measurement of distance or dhecton or precision in the
depiclion of geographic Eatures. The p.ecedang disclaimer is provided pu6uant to
Minnesota Statlnes 5466.03, Subd 21 (2000), and $e user of this map acknowledges
that the city shall not be iiable for any darnages, and expressly waaves all daims. and
agrees lo defend, indemnify, and hold harmless the Cfty from any and all claims brought
by User, rts employees or agents, or third partes f,tlich anse out ot the usefs acaess or
use of data provided
TAX_NAMET
TAX_ADD_Lll
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Subject
Parcel Arga
Diaclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compila[on of records, infomallon and data tocated in various city,
county, strate and federal offces and other sources rcgarding the area shown, and is to
be used for reierence puDoses only. The City does not warant that the Geographic
lnformation System (GlS) Data used to prepare this map are enor ftee. and the City does
not represeni th3t the GIS Data can be used tor navigatronal, trackang or any other
purpose requiring exacling measuremenl of distance or dircction or precisaon in the
depictjon of geographic fealuEs. The preceding disclaimer is provided puBuant lo
Minnesota statutes s466 03, Subd. 21 (2000). and the user of this map acknowledges
that the City shall not be liable for any damages, ancl expressly waives all claims. and
agrees to defend. indemniry, and hold harmless the City l?om any and all clarms brought
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use of data povided.
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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 ½ of SE ¼) of Section 35, Township 116 North of
Range 23 West, excepting therefrom one half (½) 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 ¼ of SE ¼) 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:
2
1) This IUP 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 shall comply with previous recommendations from the DNR,
including the condition that the nets be 4½ 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.
3
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 with 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: January 25, 2021
CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Heather Johnston, Interim City Manager
4
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
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 Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
952) 227-1100