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PC Staff Report 04-20-21PLANNING COMMISSION STAFF REPORT Tuesday, April 20, 2021 Subject Approve Amending Chapter 20 of City Code Concerning Golf Driving Ranges Section PUBLIC HEARINGS Item No: B.1. Prepared By Kate Aanenson, Community Development Director File No:  PROPOSED MOTION: “The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending Chapter 20, Zoning, of the City Code concerning Golf Driving Ranges." SUMMARY OF REQUEST The owners of Golf Zone have discovered that due to Minnesota being the only state to still have 3.2 beer, many distributors no longer carry it and it is very difficult to acquire 3.2 beer in diverse styles. They are requesting that the city amend the Interim Use Permit (IUP) standards for golf driving ranges to allow for them to apply for and receive a wine license. State law and the City Code allow an organization with both a wine and 3.2 malt liquor license to sell beer with over 3.2 percent alcohol by weight, in addition to wine. The City Code currently allows golf courses to hold both 3.2 malt liquor and wine licenses. Due to the legitimate difficulties in sourcing 3.2 beer and the similarities between golf courses and driving ranges, staff supports the requested amendment. In reviewing this section of the City Code, staff also noticed that the IUP standards require golf driving ranges to be located adjacent to Highway 5 or Highway 212. At the time this standard was enacted, Highway 212 was located where Flying Cloud Drive currently is. The revised location of Highway 212 means the standard no longer aligns with the city’s intended and approved locations for golf driving ranges. Staff is proposing amending the standard to reflect the city’s intention to limit these uses to the Highway 5 and County Road 61 corridors. Finally, the IUP standards limit golf driving ranges to operating from sunrise to sunset; however, in 1999, City Council granted an extension to allow Golf Zone to stay open until 9:00 p.m. year round. This extension was not recorded as a variance and would have expired when IUP 1998­2 lapsed. Given the driving range’s business model, the surrounding land uses, and the fact that the sun sets around 4:30 p.m. in the winter, staff proposes codifying this extension by replacing the sunrise to sunset provision with 7:00 a.m. to 9:00 p.m. hours of operation. A full discussion can be found in the attached staff report. APPLICATION REGULATIONS Chapter 20 ­ Zoning, Article IV. ­ Conditional Uses: This article details general criteria, conditions, and procedures PLANNING COMMISSION STAFFREPORTTuesday, April 20, 2021SubjectApprove Amending Chapter 20 of City Code Concerning Golf Driving RangesSectionPUBLIC HEARINGS Item No: B.1.Prepared By Kate Aanenson, CommunityDevelopment Director File No: PROPOSED MOTION:“The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amendingChapter 20, Zoning, of the City Code concerning Golf Driving Ranges."SUMMARY OF REQUESTThe owners of Golf Zone have discovered that due to Minnesota being the only state to still have 3.2 beer, manydistributors no longer carry it and it is very difficult to acquire 3.2 beer in diverse styles. They are requesting that the cityamend the Interim Use Permit (IUP) standards for golf driving ranges to allow for them to apply for and receive a winelicense. State law and the City Code allow an organization with both a wine and 3.2 malt liquor license to sell beer withover 3.2 percent alcohol by weight, in addition to wine. The City Code currently allows golf courses to hold both 3.2 maltliquor and wine licenses. Due to the legitimate difficulties in sourcing 3.2 beer and the similarities between golf coursesand driving ranges, staff supports the requested amendment.In reviewing this section of the City Code, staff also noticed that the IUP standards require golf driving ranges to belocated adjacent to Highway 5 or Highway 212. At the time this standard was enacted, Highway 212 was locatedwhere Flying Cloud Drive currently is. The revised location of Highway 212 means the standard no longer aligns withthe city’s intended and approved locations for golf driving ranges. Staff is proposing amending the standard to reflectthe city’s intention to limit these uses to the Highway 5 and County Road 61 corridors.Finally, the IUP standards limit golf driving ranges to operating from sunrise to sunset; however, in 1999, City Councilgranted an extension to allow Golf Zone to stay open until 9:00 p.m. year round. This extension was not recorded as avariance and would have expired when IUP 1998­2 lapsed. Given the driving range’s business model, the surroundingland uses, and the fact that the sun sets around 4:30 p.m. in the winter, staff proposes codifying this extension byreplacing the sunrise to sunset provision with 7:00 a.m. to 9:00 p.m. hours of operation.A full discussion can be found in the attached staff report.APPLICATION REGULATIONS Chapter 20 ­ Zoning, Article IV. ­ Conditional Uses: This article details general criteria, conditions, and procedures for granting and revoking CUPs and IUPs. Other divisions address specific criteria for various conditional uses by district. Chapter 20 ­ Zoning, Article IV, Division 3, Sec. 20­258 ­ Golf Course: This section lists the standards that must be met for the city to issue a permit for a golf course. Chapter 20 ­ Zoning, Article IV, Division 3, Sec. 20­259 ­ Golf Driving Ranges: This section lists the standards that must be met for the city to issue a permit for a golf driving range. Chapter 20 ­ Zoning, Article X. ­ “A­2” Agricultural Estate District, Sec. 20­571 to 576: States the intent of the A­2 district and its permitted, accessory, conditional, and interim uses, as well as lot requirements and setbacks. BACKGROUND Ordinance 80­E, adopted in February of 1987, added Golf Driving Ranges to the list of conditional uses for the A­2 District, and created the standards for issuing a CUP for a golf driving range. (Passed in response to a proposed driving range along Trunk Highway 5.) Ordinance 120, adopted in February of 1990, defined Interim Uses, created standards for issuing IUPs, and reclassified Golf Driving Ranges, amongst other uses, from Conditional to Interim Uses within the A­2 District. Ordinance 240, adopted in July of 1995, added Golf Courses to the list of Conditional Uses for the A­2 District. (Staff report notes that Golf Courses not listed in any district prior to this amendment.) Ordinance 285, adopted in July of 1998, allowed Golf Driving Ranges to have a retail pro shop, with a stipulation that no alcoholic beverages are sold. (Passed in response to a proposed driving range at the current Golf Zone location.) Ordinance 294, adopted in August of 1999, allowed Golf Driving Ranges to serve 3.2 percent malt liquor. (Passed in response to a request from the Golf Zone owner). Ordinance 295, adopted in September of 1999, allowed the city to issue on­sale nonintoxicating malt liquor licenses (renamed On­sale 3.2 percent malt liquor license by Ordinance 447 in 2007) to Golf Driving Ranges and Golf Courses. Ordinance 451, adopted in May of 2007, allowed Golf Courses to serve 3.2 percent malt liquor. (Passed after staff noticed that Chapter 10 allowed, but that the CUP standards did not list 3.2 percent malt liquor as permitted.) Ordinance 603, adopted in February of 2015, allowed Golf Courses to receive a wine license so long as they meet applicable state standards. (Passed in response to a request from a golf course owner.) RECOMMENDATION Staff recommends that Planning Commission recommend that the City Council approve the proposed amendments to the Golf Driving Range IUP standards. ATTACHMENTS: Staff Report Ordinance CITY OT CIIANHASSXI'I Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM FROM: DATE: Planning Commission MacKenzie Young-Walters, Associate Planner Apit20,202t Golf Driving Range Standards ISSUE The owners ofGolfZone, a golfdriving range, are requesting that the City Code be amended to permit golfdriving ranges meeting state licensing requirements to receive a wine license due to the diffrculty in acquiring 3.2 percent malt liquor. While reviewing the relevant section of the City Code, staffdiscovered that this section of the City Code does not reflect the fact that Highway 212 was relocated in 2008 and the hours of operation do not reflect what the driving range was previously approved for. The owners ofGolfZone have discovered that due to Minnesola being the only state to still have 3.2 beer, many distributors no longer carry it and it is very difficult to acquire 3.2 beer in diverse styles. They are requesting that the city amend the Interim Use Permit (UP) standards for golf driving ranges to allow from them to apply for and receive a wine license. State law and the City Code allow an organization with both a wine and 3.2 malt liquor license to sell beer with over 3.2 percent alcohol by weight, in addition to wine. The City Code currently allows golfcourses to hold both 3.2 malt liquor and wine licenses. Due to the legitimate difficulties in sourcing 3.2 beer and the similarities between golfcourses and driving ranges, staff supports the requested amendment. In reviewing this section ofthe City Code, staff also noticed that the IUP standards require golf driving ranges to be located adjacent to Highway 5 or Highway 212. At the time this standard was enacted, Highway 212 was located where Flying Cloud Drive currently is. The revised location of Highway 212 means the standard no longer aligns with the city's intended and approved locations for golfdriving ranges. Staffis proposing amending the standard to reflect the city's intention to limit these uses to the Highway 5 and County Road 61 corridors. Finally, the IUP standards limit golfdriving ranges to operating from sunrise to sunset; however, in 1999, City Council granted an extension to allow Golf Zone to stay open until 9:00 p.m. year round. This extension was not recorded as a variance and would have expired when IUP 1998-2 lapsed. Given the driving range's business model, the surrounding land uses, and the fact that the PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.1110 TO: SUBJ: SUMMARY I/OO I4ARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 555]7 Planning Commission Golf Driving Range Standards April 20, 2021 Page 2 REL EVANT CITY CODE Chapter 20 - Zoning, Article IV. - Conditional Uses: This article details general criteria, conditions, and procedures for granting and revoking CUPs and IUPs. Other divisions address specific criteria for various conditional uses by district' Chopter 20 - Zoning, Article IV, Division 3, Sec. 20-258 - GolfCourse: This section lists the standards that must be met for the city to issue a permit for a golfcourse. Chapter 20 - Zoning, Article IV, Division 3, Sec. 20-259 - Golf Driving Ranges: This section lists the standards that must be met for the city to issue a permit for a golfdriving range' Chapter 20 - Zoning, Article x. - "A-2" Agricultural Estate Disffict, sec. 20-571 to J76: States the intent of the A-2 district and its permitted, accessory, conditional, and interim uses, as well as lot requirements and setbacks. ORDINANCE HISTORY Ordinance 80-E, adopted in February of 1987, added Golf Driving Ranges to the list of conditional uses for the A-2 District, and created the standards for issuing a CUP for a golf driving range. (Passed in response to a proposed driving range along Trunk Highway 5.) Ordinance 120, adopted in February of 1990, defined Interim Uses, created standards for issuing IUPs, and reclassified Golf Driving Ranges, amongst other uses, from Conditional to Interim Uses within the A-2 District. ordinance 240, adopted in July of 1995, added Golfcourses to the list ofconditional Uses for the A-2 District. (Staff report notes that Golf Courses not listed in any district prior to this amendment.) ordinance 285, adopted in July of 1998, allowed Golf Driving Ranges to have a retail pro shop, with a stipulation that no alcoholic beverages are sold. (Passed in response to a proposed driving range at the current Golf Zone location.) Ordinance 294, adopted in August of 1999, allowed Golf Driving Ranges to serve 3.2 percent malt liquor. (Passed in response to a request from the GolfZone owner). Ordinance 295, adopted in September of 1999, allowed the city to issue on-sale nonintoxicating malt liquor licenses (renamed On-sale 3.2 percent malt liquor license by Ordinance 447 in 2007) to Golf Driving Ranges and Colf Courses. sunsets around 4:30 p.m. in the winter, staff proposes codifying this extension by replacing the sunrise to sunset provision with 7:00 a.m. to 9:00 p.m. hours of operation. Planning Commission Golf Driving Range Standards April20,202l Page 3 Ordinance 451, adopted in May of 2007, allowed Golf Courses to serve 3.2 percent malt liquor. (Passed after staffnoticed that Chapter l0 allowed, but that the CUP standalds did not list 3.2 percent malt liquor as permitted.) Ordinance 603, adopted in February of20l5, allowed Golf Courses to receive a wine license so long as they meet applicable state standafds. (Passed in response to a request from a golfcourse owner.) BACKG ROUND Golf Zone On July 13, 1998*, the City Council approved the following (subject to conditions): o Site Plan #98-8 for a golf improvement center. o Interim Use Permit #98-2, which expires in the year 2020, to allow golfand driving range in the 42 District. o Conditional Use Permit #98-2 for alteration ofa floodplain. o Wetland Alteration Permit #98-1. . First reading and waived the second reading of Code Amendment #98-l to amend Section 20-265, Standards for golfdriving ranges to allow a retail pro shop. o Variance to allow the square footage ofthe office/clubhouse to be increased to 986 square feet. *On July 13, 1998, the City Council denied the requesl for extended hours ofoperation (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 golfcounes and golf driving ranges to be eligible for a liquor license. On-sale intoxicating sale 3.2 malt liquor license contingenl 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 ofa second story to the driving bunkers for RSS Golf. Extended hours allowing the business to be open until 9:00 pm year rowrd'* *The IUP permit was not updated to reflect this; however, verbatim minutes showed the City Council voted 3-2 to approve extended hours. On October 27, 2006, the City Council approved the following subject to conditions: a a a a An amendment to Site Plan #98-8 and Interim Use Permit #98-2 for the consEuction of an I I ,100 square-foot addition to the principal strucnre. 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: o 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 are4 and a paintball course. o A variance to allow two monument signs that arc nontompliant with City Code design standards, exceed the number of allowed signs, and exceed the maximum display area for sigrage in the Agricultural Estate District (A2). o An amendment to Chapter I I and Chapter 20 ofthe City Code to allow paintball as an exempt fircann use and as an Interim Use in the Agricultural Estate District (A2)' On January 25,2021, the City Council approved the following subject to conditions: o Interim Use Permit 2021-02 to allow a golfdriving range in the A2 district' ANALY SIS Golf Cource (CUP) v. Go[ Driving Range (IUP) The City Code establishes separate standards for golf courses and golfdriving ranges. While these uies share some similarities, they have important differences that determine their potential impact on the environment and surrounding parcels. The single largest difference is the footprint ofthe two uses. Golfcourses tend to be significantly larger with users spread out over dozens of relatively open acres. In contrast, golfdriving ranges tend to be much smaller with all users concentrated around a smaller portion ofthe property. Golf driving ranges typically feature tall nets to help contain hit balls while golf courses rely on their size to prevent balls from leaving the property. Golfcourses typically require much more heavily curated grounds than golfdriving ranges which impacts the amount of fertilizer and water required, as well as the frequency and duration of maintenance. Finally, golf courses are always a seasonal business with golfonly being practical during daylight hours in warmer weather, whereas golf driving ranges can operate year round and after dark, assuming heated bunkers and lights are installed. On the balance, golf courses are more compatible with low-density residential developments than golfdriving ranges. Due to these differences, the city classifies golfcourses as conditional uses and golf driving ranges as interim uses and has establish different standards for the two uses. Conditional and interim uses fill very different roles within a zoning code. Conditional Use Permits govem uses that are generally not allowed in a district, but are suitable in specific circumstances. The city classifies uses that have a high potential to substantially impact adjacent a Planning Commission Golf Driving Range Standards April20,202l Page 4 Planning Commission Golf Driving Range Standards Apil20,202t Page 5 lline License kt2017, Minnesota repealed an 185 8 law that prohibited Sunday liquor sales. Previously, businesses with 3.2 percent malt liquor licenses had a monopoly on Sunday alcohol sales, which parcels as conditional uses. Applicants wishing to receive a conditional use permit must demonstrate that the use will not unduly impact adjacent parcels or the community and that it will be consistent with the intent ofthe Comprehensive Plan and zoning ordinance. The city's zoning code lists general and specific requirements for most conditional uses. Ifan applicant can demonstrate that they meet all of the conditional use requirements, the city must issue a CUP; however, the city can place reasonable and justifiable conditions on the permit in order to mitigate anticipated adverse impacts associated with a proposed use. This permit is recorded against the property and allows that use to continue in perpetuity so long as the conditions of approval ari not violated, the property is not subdivided, and the use is not discontinued lor a period of six months or longer. Interim Use Permits are similar to CUPs, with the applicant needing to demonstrate that they meet the zoning ordinances requirement for the use and the city having the authority to impose conditions necessary to mitigate the anticipated impact ofthe use. The key difference is that interim uses are uses that they city believes are currently appropriate for an area, but will not be suitable in future. In order to ensure that these uses are temporary, the City Code requires that an interim use permit has an identified date or event that will terminate the use and also stipulates that the use will terminate upon any change in the city's zoning regulations which renders the use nonconforming. Interim use permits can also be terminated for the same reasons as conditional use pennits. The city classifies uses as conditional when they represent an activity that will remain suitable as an area develops. In the case ofgolfcourses and golfdriving ranges, a golfcourse adjacent to a residential neighborhood may be considered an amenity; however, the nets, lights, and noise associated with a golfdriving range may be a source ofconflict with adjacent residences. Due to the fact that golf driving ranges do not have the same long-term compatibility with low-density residential development that golf courses do, the city classifies them as interim uses and restricts their location away from areas guided for low-density residential development. A final thing to consider is that the areas where golfdriving ranges are permitted are all guided for commercial, industrial/office, or medium/high density residential development. By classif,ing golfdriving ranges as interim uses, the city ensures that once these areas are ready for development, the IUP will be terminated allowing the property to redevelop in line with the city's Comprehensive Plan. If these uses were instead classified as conditional uses, like golf courses, the permit would run in perpetuity, encumbering the property and potentially preventing its development. For these reasons, staffbelieves it is important to maintain the separate standards and classifications for golfcourses and golfdriving ranges. Planning Commission Golf Driving Range Standards April20,202l Page 6 Localion created a market for the 3.2 beer and encouraged distributors to carry a fairly robust product line. After this law passed, Sunday shoppers were no longer limited to 3.2 beer and this market came under pressure from competition with other, higher alcohol content, alcoholic beverages. In 2019, ihe 3.2 beer market took another blow as Utah repealed its 3.2 percent beer law leaving Minnesota as the last state in the Union issuing 3.2 beer licenses. In response to this change and the decreased demand in Minnesota due to the opening up of Sunday liquor sales, many brewers discontinued their 3.2 beer lines and many distributors stopped carrying most of the remaining 3.2 beer products. The above situation has left business owners with on-sale 3.2 percent malt liquor licenses (3.2 license) with an extremely limited product inventory. Many popular beer styles like India Pale Ales are simply not available in 3.2 percent varieties. Most business in the city are able to get around this limitation by applying for a wine license, these licenses can be issued to any restaurant with a 25 seat capacity and allow the holders to sell wine and, if held in conjunction with a 3.2 percent license, intoxicating malt liquor, i.e. beers with over 3.2 percent alcohol. It is important to note that even with a 3.2 beer and wine license a businesses is not able to serve diJtilled spirits. Historically, the city has liberally interpreted restaurant to mean any food- serving establishment in order to extend this license to businesses wishing to serve wine and intoxiiating malt liquor; however, the IUP standards goveming golfdriving ranges restrict them to only holding 3.2 licenses. The original intent of this limitation was to prevent golfdriving ranges from serving as de facto bars, while still allowing customers to have a beer while hitting balls. Previously, there was a suffrcient selection of 3.2 beers to allow these businesses to provide patrons with a variety of beer options and the restriction was not considered overly burdensome. As discussed earlier, changes in state law and the national beer market have altered this situation and business owners have noted they are only able to provide clients with two or thlee options. They are asking that the city allow them to apply for and receive a wine license in order to facilitate offering a wider selection of products and an experience similar to what was originally provided by the 3.2 license. Addltionally, they have stated that some of their customers, especially women, would enjoy being able to have a glass of wine while hitting balls and that golf courses are allowed to apply for and receive wine licenses. Staff believes that due to the difficulties in sourcing 3.2 beer and the similarities between golf courses and driving ranges, it makes sense to glant the requested relief and amend the IUP standards to permit wine licenses. When the city adopted standards for golf driving ranges in 1987, staff identified two highway corridors thai theybelieved where appropriate for these types ofuses, the Highway 5 corridor running through the center of the city and the Highway 212 corridor in the southem section of the city. The intent of limiting the locations where golf driving ranges where permitted was to ensure they had appropriate road access and to prevent the proliferation of these establishments Planning Commission Golf Driving Range Standards Aprrl2O,2021 Page 7 throughout the A-2 district. Historically, golf driving ranges have operated in both of these corridors without generating complaints or conflicts with adjacent land uses. Currently, the only operating golfdriving range is located in the southem portion ofthe city and at the time the initial IUP was issued and facilities were constructed, it was located within the Highway 212 corridor; however, in 2008 Highway 212 was relocated north and the old roadway was renamed County Road 6l (Flying Cloud Drive). An unintended consequence of Highway 212's new location was that although the golfdriving range is operating in the location it has always been located in and that this is the location the city intended for golfdriving ranges to operate in, the location no longer technically meets the IUP standards. Additionally, the IUP standards would allow a new golfdriving range to open in A-2 districts along the new Highway 212 corridor, in locations not previously contemplated or intended for this R?e of use. Staff proposes addressing this unintended consequence by amending the IUP standards to reflect the change in Highway 212's location and limit golf driving ranges to the Highway 5 and (Flying Cloud Drive) corridors. Hourc of Operation The IUP standards limit golf driving ranges to operating from sunrise to sunset. This condition was originally established due to concems about the impact of lights on nearby parcels and with the understanding that these businesses primarily operate during the warmer halfofthe year when days are longer. The golf driving range operating in the city has heated driving range stalls and an indoor miniature golfcourse. The ou.ner has stated that a large share ofthe facility's business occurs during the winter months when other driving ranges and golfcourses are unable to operate. If the city were to strictly enforce the sunrise to sunset provision, the business would need to change its hours monthly to reflect changing sunset times. During most of December, for example, they would need to close around 4:30 p.m. in order to comply with these standards. This would have the effect of extremely limiting their ability to operate during the week, as most people are at work prior to 4:30 p.m. and they would not be able to accommodate after-work use ofth" d.iring.-ge. The provision would also prevent after-dark use of the indoor miniature golf course. The City Council recognized that the sunrise to sunsel limitation did not align with the nature of the golfdriving range's business model and voted 3-2 to allow it to operate until 9:00 p.m. year ro*d in Auguit of 1999. The City Council also approved a site plan allowing the installation of lights on the property to facilitate the extended hours during the same meeting. However, due to a procedural error, the extended hours were approved by motion without direction to amend the IUP to reflect the extended hours or as a variance from the City Code's IUP standards. The resull of this is that the approval to extend hours is not formally recorded. Staff addressed this for the reissued IUP by listing the hours of operation approved in Planning Case 2006-30 in the Planning Commission Golf Driving Range Standards Apfl20,202t Page 8 Findings of Fact; however, it would be more transparcnt to amend the standard to reflect the fact that the sunrise to sunset provision was waived. Since the existing golfdriving range operated for years with extended hours without generating any complaints and the location and configuration ofthe lights is already approved, amending the standards to reflect the longer hours of operation would not have any impact on sunounding properties. In the event that another golfdriving range were to apply for an IUP to operate in another location, the IUP process provides multiple mechanisms for the city to evaluate the impact of lights and post sunset use on adjacent parcels. If concems were found, the city would retain the ability to impose reduced hours of operation or other conditions to mitigate anticipated impacts. The 9:00 p.m. limit established by the City Council in 1999 allows for consistent hours throughout the year, accommodates after work and evening golfing, and prevents golfdriving rangei from doubling as late night bars. Staff is proposing formalizing this limit by replacing the sunrise to sunset hours of operation with a 7:00 a.m. to 9:00 p.m' limit. ALTERNATIVES l) Do nothing, except correct for new location ofHighway 212. 2) Amend Golf Driving Range standards to allow for the issuance of a wine license and correct for the new location of Highway 212. 3) Amend Golf Driving Range standards to allow for the issuance of a wine license, correct for the new location of Highway 212, and allow for later hours ofoperation. RECOM MENDATION Staff recommends Altemative Three. Staffbelieves that there is no compelling reason to limit golf driving ranges to 3.2 percent beer and operating between sunrise and sunset, and that the itandards should reflect the fact that the road that was Highway 212 is now Flying Cloud Drive. The proposed code amendment would read as follows: 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 TI{ Trunk Highway 5 and iounty Road 61 (Flying Cloud Drive) Ttl?12 and access must be from a collector or arterial which ieads to Tt{ Trunk Highway 5 or T}l}12. County Road 61 (Flying Cloud Drive). (2) Hours of operation shall be from sundse+esu*se+ 7:00 a.m. to 9:00 p.m. Planning Commission Golf Driving Range Standards April20,202l Page 9 (3) Provision ofadequate parking areas and submission of landscaping plan shall be in conformance with article VIII of this chapter. (4) No site shall be located within 500 feet ofa single-family residence. (5) Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. (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. A wine license is allowed provided the applicant applies for and receives approval of a wine license in accordance with city code and state licensing requirements. Retail sales are limited to food, beverages, and golf related items-an4+he-pre*hep. g:\plan\city code\2021uo2l {4 - gol f driving .ange\golf driving range issue paper.docx g:\plan\city code\2021\2021-04 - golf driving range\golf driving range ordinance.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-259 of the Chanhassen City Code is amended to read as follows: 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 Trunk Highway 5 and County Road 61 (Flying Cloud Drive) and access must be from a collector or arterial which leads to Trunk Highway 5 or County Road 61 (Flying Cloud Drive). (2) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. (3) Provision of adequate parking areas and submission of landscaping plan shall be in conformance with article VIII of this chapter. (4) No site shall be located within 500 feet of a single-family residence. (5) Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. (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. A wine license is allowed provided the applicant applies for and receives approval of a wine license in accordance with City Code and state licensing requirements. Retail sales are limited to food, beverages, and golf related items. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this [INSERT DATE], 2021 by the City Council of the City of Chanhassen, Minnesota. Laurie Hokkanen, City Manager Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on [insert date])