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Findings of Fact and Recommendation - SignedI CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Brian and Keri Colvin for an amendment to Interim Use Permit #2021-02 to remove the requirement of the installation of netting at the south end ofthe driving range. On June 15,2021,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use permit to remove the requirement ofthe installation ofnefting at the south end ofthe driving range for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed conditional use as was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is curently zoned Agricultural Estate Disrict, A-2. The property is guided by the Land Use Plan for Agriculture and Office uses. The legal description of the property is: S on20-232: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare ofthe neighborhood or the city. A golf driving range operated in this location for many years without incidenl. No portion of the applicant's proposed use of the site dffirs significantly from the previous use, and no detrimental impacts are anticipaled. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The City's Comprehensive Plan calls for the portion of this site outside of the floodplain to be rezonedfor ffice use; however, the Comprehensive Plan allows for a parcel zoned at a less-intensive land use designalion to retain ils existing zoning until municipal services are available. Additionally, the City Code permits interim uses as a mechanism for allowing "a use that is presenlly acceptable but that with anlicipated developmenl will not be acceptable in lhe future. " Since the proposed use of the site is a temporary use of the site until sewer and water becomes available, il is consistent wilh the Comprehensive Plan and Chapter 20 of the City Code. 2 3 4 I c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character ofthe general vicinity and will not change the essential character of that area. The previous golf driving range operated in lhis 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 signilicantly from the previous use. The existing facilities are in keeping with lhe existing characler of the area, and resuming operations will not impact the area's essential characler. It is anticipated that once sewer and water becomes available, lhe site will redevelop in a manner compatible with the area's intended choracter. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment ofthe 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 anticipoled. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not crealed excessive requirements for public facilities and services, and was not detrimental to lhe economic welfare of the communily. The applicant's operation is not expected to create a strain on public resources and is goodfor the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community's economic welfare. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production oftraffic, noise, smoke, fumes, glare, odors, rodenB or trash. The conditions placed upon the permil ensure thot the use of the property as a golf driving range will nol impact adjoining properties or environmenlal 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 negalively impact sutounding properties or environmenlal features. Resuming operation of a golf driving range at this location will not be hazards to or disturb the surrounding uses (a nursery/landscaping business ond molel lo the north andJloodplain and open spaces to the west, south, and easl) as lhere were no issues with the previous goV driving range. It is onticipated that once sewer and water become available, this site and the properties to the north will redevelop. h. Will have vehicular approaches to the property which do not create traffic congestlon 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 credte trafrc congestion or interfere wilh trafic or surrounding public thoroughfares. i. Will not result in the destnrction, loss or damage of solar access, natural, scenic or historic features of major significance. The condition requiring netting is designed to mitigate a potential environmental impact of the driving range. The condition is intended to balance concerns over wildlife's ability transverse the property, hence the 1t/: ground clearance, with the potential for stray balls ending up in the wetland or Minnesola River. j.Will be aesthetically compatible with the area. The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degtade 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 aeslhetics. k. Will not depreciate surrounding property values. The applicant has expressed their intention to maintoin the site andfacilities to a high standard. It is expected that an operalional and well maintained business will do more to maintain the sutounding property values than a vacant building would have. Since the proposed use is temporary, granting lhe permit will not preclude future development to the detriment of the area's properly values. l. Will meet standards prescribed for certain uses as provided in this article. The applicant's proposal meets the requirements ofSec. 20-259. - Golf Driving Ranges a. The use meets the standards ofa conditional use permit set forth in seclion 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. J 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: c. The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A2 zoning district. d. The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identiJiable event that will trigger the termination of the IUP. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The applicant is proposing lo utilize existing facilities and no new structures or modifications are proposedfor the site thal would impose additional costs on the public, were it to become necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the IUP. The plaruring report#2021-02 dated June 15,2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the amendment to the interim use permit condition removing Condition 9. Driving range nets shall comply with previous recommendations fiom the DNR, including the condition that the nets be 4% feet offof the ground and direct the applicant to install the netting. ADOPTED by the Chanhassen Planning Commission this 15th day of June, 2021. CHANHASSEN PLANNING COMMISSION BY: Mpar 1o"5 a,/6-J r {t4r- CP41n'rconJ g:\plan\202 I planning cases\2 I {2 825 flying cloud d. - golf zone\june I 5 ph - amendmenl to iup for nets\findings of fa.t-docx l 6.