PC Staff Report 06-15-21PLANNING COMMISSION STAFF
REPORT
Tuesday,June 15,2021
Subject Consider a Request for an Amendment to the Interim Use Permit to Remove the Condition
Requiring the Installation of Driving Range Nets
Section PUBLIC HEARINGS Item No:B.3.
Prepared By Bob Generous,Senior Planner File No:Planning Case No.2021-02
PROPOSED MOTION:
The Chanhassen Planning Commission recommends denial of an amendment to the conditions of the Interim Use
Permit 2021-02 for a golf driving range,and adopts the attached Findings of Fact and Recommendation.
SUMMARY OF REQUEST
The applicant is requesting an amendment to the conditions of the IUP to remove the requirement of the installation of
netting at the south end of the driving range.
APPLICANT
Brian and Keri Colvin,14870 Maple Trail SE,Prior Lake,MN 55372
SITE INFORMATION
PRESENT ZONING:Agricultural Estate District,A-2
LAND USE:Agriculture and Office
ACREAGE:97.75 acres
APPLICATION REGULATIONS
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
BACKGROUND
On January 25,2021,City Council approved IUP 2021-02,which allowed the applicant to reopen the golf driving
range subject to the conditions of the previous IUP.
RECOMMENDATION
PLANNING COMMISSIONSTAFFREPORTTuesday,June 15,2021SubjectConsider a Request for an Amendment to the Interim Use Permit to Remove theConditionRequiringtheInstallationofDrivingRangeNetsSectionPUBLICHEARINGSItemNo:B.3.Prepared By Bob Generous,Senior Planner File No:Planning Case No.2021-02PROPOSEDMOTION:The Chanhassen Planning Commission recommends denial of an amendment to the conditions of the InterimUsePermit2021-02 for a golf driving range,and adopts the attached Findings of Fact and Recommendation.SUMMARY OFREQUESTTheapplicantisrequestingan amendment to the conditions of the IUP to remove the requirement of the installationofnettingatthesouthendofthedrivingrange.APPLICANTBrianandKeri Colvin,14870 Maple Trail SE,Prior Lake,MN55372SITEINFORMATIONPRESENTZONING:Agricultural Estate District,A-2LANDUSE:Agriculture andOfficeACREAGE:97.75 acresAPPLICATIONREGULATIONSChapter20,Article IV,Division 2,Section 20-232,General IssuanceStandardsChapter20,Article IV,Division 3,Section 20-259,Golf DrivingRangesChapter20,Article IV,Division 5,Interim UsePermitsBACKGROUNDOnJanuary25,2021,City Council approved IUP 2021-02,which allowed the applicant to reopen the golfdrivingrangesubjecttotheconditionsofthepreviousIUP.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that City Council deny the amendment to the Interim Use
Permit 2021-02 Conditions of Approval,and adopts the attached Findings of Fact and Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Interim Use Permit 2021-02
Development Review Application
Narrative
Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: June 15, 2021
CC DATE: July 12, 2021
REVIEW DEADLINE: July 13, 2021
CASE #: PC 2021-02
BY: MYW
SUMMARY OF REQUEST: The applicant is requesting an amendment to Interim Use Permit
IUP) #2021-02 to operate a golf driving range on a property zoned “A2” – Agricultural Estate
District. The applicant is requesting that the condition requiring netting at the back of the driving
range be removed.
LOCATION: 825 Flying Cloud Drive
APPLICANT: Brian and Keri Colvin
14870 Maple Trail SE
Prior Lake, MN 55372
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.
PROPOSAL/SUMMARY
The applicant is requesting an amendment to the conditions of the IUP to remove the
requirement of the installation of netting at the south end of the driving range.
PROPOSED MOTION:
The Chanhassen Planning Commission recommends denial of an amendment to the conditions of
the Interim Use Permit #2021-02 for a golf driving range, and adopts the attached Findings of Fact
and Recommendation.”
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
June 15, 2021
Page 2
A golf driving range operated under IUP 1998-2 at
825 Flying Cloud Drive from 1998 to 2018 and
was reinstated on January 25, 2021. 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 purchased the property and
requested that an IUP be issued to allow for the
resumption of the business’s operations. The
applicant did not propose any expansion or
significant alterations to the existing facilities or
grounds. 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.
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
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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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 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:
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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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.
On January 25, 2021, City Council approved IUP #2021-02, which allowed the applicant to
reopen the golf driving range subject to the conditions of the previous IUP.
SITE CONSTRAINTS
Bluff Creek Corridor
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
June 15, 2021
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This is not located within the Bluff Creek
Overlay District.
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 2021-02
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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.
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.
ANALYSIS
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 4½ feet 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. Condition 9 was amended to read: Driving range nets complying
with pervious recommendations from the DNR shall be installed by June 14, 2021. A $2,500
escrow shall be provided to ensure that the nets are installed and that all stray golf balls are
collected from the floodplain. This is the condition that the applicant now wishes to remove
from the IUP.
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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The condition is intended to balance concerns over wildlife’s ability to transverse the property,
hence the 4½ foot ground clearance, with the potential for stray balls ending up in the wetland or
Minnesota River. Staff understands that 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 boarders 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.
Water Resources does not support amending the IUP to remove the condition requiring the
installation of driving range nets. The original intention of the netting was to protect the wetland
from golf balls, but also to protect the wetland and wetland buffer from being negatively
impacted by machinery used to pick up the golf balls.
The wetland buffer area provides a very important transition zone from upland habitat to wetland
habitat. This area protects the wetland from erosion and helps remove sediment and other
pollutants. City staff would be concerned with machinery being used extensively within the
buffer and thus negatively impacting the area. In addition, while it might seem that the wetland
area is a significant distance away from the netting, it can be difficult to determine the precise
location or boundary of a wetland without a wetland delineation. While a wetland delineation
was not required in this case, it should be noted that the wetland could exist much closer to nets
than the traditional “wet” areas might seem.
INTERIM USE PERMIT
Interim uses are uses that the City believes are currently appropriate for an area, but will not be
suitable in the 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 can place reasonable and justifiable
conditions on the permit in order to mitigate anticipated adverse impacts associated with a
proposed use. 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. The proposed amendment does not comply with Condition 9 of the standards.
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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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
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 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.
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
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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Page 9
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 operation is not expected to create a strain on public resources and 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.
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 4½ ground clearance, with the potential for stray balls to
end up in the wetland or Minnesota River.
10) Will be aesthetically compatible with the area.
825 Flying Cloud Drive (Golf Zone) IUP 2021-02
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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.
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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.
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 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).
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 7:00 a.m. to 9:00 p.m.
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.
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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 Planning Case
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. 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.
The applicant is proposing selling prepackaged pizzas and has applied for a 3.2 malt liquor
and a wine 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 considers 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.
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Conditions of IUP #2021-02
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
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.
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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.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that City Council deny the
amendment to the Interim Use Permit 2021-02 conditions of approval, and adopts the attached
Findings of Fact and Recommendation:
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Interim Use Permit #2021-02
3. Development Review Application
4. Narrative
5. Affidavit of Mailing
g:\plan\2021 planning cases\21-02 825 flying cloud dr - golf zone\june 15 ph - amendment to iup for nets\golf zone iup amendment staff report.docx
1
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 of the 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 of the installation of netting at the south end of the 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
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided by the Land Use Plan for Agriculture and Office uses.
3. The legal description of the property is:
4. Section 20-232:
a. 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.
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 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.
2
c. 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 becomes available, the site will
redevelop in a manner compatible with the area’s intended character.
d. 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.
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 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. 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 operation is not expected to create a strain on public resources and 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. 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.
3
h. 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. Will not result in the destruction, 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 4½ ground clearance, with the potential for stray balls
ending up in the wetland or Minnesota 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 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. 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.
l. 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.
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:
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.
4
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 identifiable 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 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 IUP.
6. The planning 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 from the DNR, including the condition that the nets be 4½ feet off of 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:
Steven Weick, Chairman
CAMPBELL KNUTSON
PROFESSIONAL * ASSOCIATION
February 9, 2021
Roger N. Knutson
Ms. JeanStecklingElliottB. Knetsch
Joel J.Jamnik City of Chanhassen
Andrea McDowell Poehler 7700 Market Boulevard
Soren M.Mattick P.O. Box 147
David S. Kendall Chanhassen, MN 55317
Henry A.Schaeffer,Ill
Alina Schwartz
Shana N. Conklin Re: Miscellaneous Recordings
James J.Monge,III
Jerome M. Porter
Dear Ms. Steckling:
Leah C.M. Koch
Meagan K. Kelley
Please find enclosed, for the City's files, the following documents which have been
Thomas J. Campbell*erecorded with Carver County:
Retired
1.Interim Use Permit 2021-03 recorded February 3, 2021 as document number
A716938;
2.Interim Use Permit 2021-02 recorded February 5, 2021 as document number
A717108;
3.Variance 2021-07 recorded February 2,2021 as document number T217799;
4.Variance 2021-06 recorded February 2, 2021 as document number A716771;
5.Variance 2021-05 recorded January 20, 2021 as document number T217577;
6.Variance 2021-01 recorded January 20, 2021 as document number A715721.
Thank you.
Very truly yours,
CITY OF CHANHASSEN
CAMPBELL KNUTSON RECEIVED
Professional Association
FEB 1 2 2021
11101
CHANHASSEN PLANN ING DEFT
Jean •Ison,1e.. Ass' • t
ijmo
Enclosures
200786v5
Document Number:A717108
Filed and/or Recorded on
Feb 5, 2021 12:24 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy KL
Document Recording Fees 46.00
Document Total 46.00
Requesting Party: City of Chanhassen
Pages: 4
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 '/2 of SE 'A)of Section 35,Township 116 North of
Range 23 West, excepting therefrom one half('/2)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 'A of SE 'A)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:
1
1) This Interim Use Permit 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 complying with pervious recommendations from the DNR shall be
installed by June 14,2021. A$2,500 escrow shall be provided to ensure that the nets are
installed and that all stray golf balls are collected from the floodplain.
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
2
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.
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 which 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.
3
Dated: January 25, 2021
CITY OF CHANHASSEN
Elise Ryan, Mayor
lj'Q e Heather Johnston, terim City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
51dayTheforegoinginstrumentwasacknowledgedbeforemethis of el Lre_ar ,,
2021,by Elise Ryan,Mayor,and Heather Johnston,Interim City Manager,of the City of Chanhasn,
a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by
its City Council.
otary Publi
DRAFTED BY:
City of Chanhassen KIM T. MEUWISSEN
7700 Market Boulevard
ls, NotaryPublic-
MinnesotaessicriExpiresn31,2025
P.O. Box 147
Chanhassen, MN 55317
952)227-1100
4
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division —7700 Market Boulevard
CITY OF C}IANI{ASSNMailingAddress—P.O. Box 147, Chanhassen, MN 5531700Phone: (952) 227-1100/ Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: tel 11,D I CC Date:Ll I L( l
2-1
60-Day Review Date:
Section 1: Application Type (check all that apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment 600 LI Subdivision (SUB)
Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300
Create over 3 lots 600 +$15 per lot
Conditional Use Permit(CUP)lots)
Single-Family Residence 325 Metes&Bounds(2 lots) 300
All Others 425 Consolidate Lots 150
Interim Use Permit(IUP)
Lot Line Adjustment 150
jil- Final Plat 700
In conjunction with Single-Family Residence..$325
All Others 425
Includes$450 escrow for attorney costs)*
Additional escrow may be required for other applications
through the development contract.
Rezoning (REZ)
Planned Unit Development(PUD) 750 Vacation of Easements/Right-of-way (VAC) $300
Minor Amendment to existing PUD 100 Additional recording fees may apply)
All Others 500
Variance (VAR) 200
Sign Plan Review 150
Wetland Alteration Permit(WAP)
Site Plan Review(SPR) Single-Family Residence 150
Administrative 100 All Others 275
Commercial/Industrial Districts* 500
Plus$10 per 1,000 square feet of building area:
Zoning Appeal 100
thousand square feet)
Zoning Ordinance Amendment(ZOA) 500
Include number of existing employees:
Include number of new employees:
Residential Districts 500 NOTE: When multiple applications are processed concurrently,
Plus$5 per dwelling unit (units)
the appropriate fee shall be charged for each application.
Notification Sign (city to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting)3 per address
addresses)
Escrow for Recording Documents(check all that apply)50 per document
Conditional Use Permit Interim Use Permit Site Plan Agreement
Vacation Variance Wetland Alteration Permit
Metes& Bounds Subdivision (3 docs.)Easements( easements) Deeds
TOTAL FEE:
Section 2: Required Information
Description of Proposal: Amend iup conditions
Property Address or Location: 825 Flying cloud dr. Chaska, MN 55318
Parcel#:Legal Description: east half of southeast quarter of section35
Total Acreage:
98.10 Wetlands Present? WI Yes No
Present Zoning:
Agricultural Estate District(A2) 0 Requested Zoning: Select One
Present Land Use Designation:
Agriculture 0 Requested Land Use Designation:
Agriculture 0
Existing Use of Property: Driving Range
OCheck box if separate narrative is attached. SCANNED
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. 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 estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject 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 estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name:
Brian Colvin Contact:
Address:
14870 maple trail se Phone:
City/State/Zip:prior lake, MN 55372 Cell:
651)558-7882
Email: golfzone24@gmail.com Fax:
Signature: C Date:
5/25/20
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 deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER(if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
Property Owner Via: ,fg Email Mailed Paper Copy Name:
Applicant Via: Email Mailed Paper Copy Address:
Engineer Via: Email Mailed Paper Copy City/State/Zip:
Other* Via: Email Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORM PRINT FORM SUBMIT FORM
Golf Zone is asking to amend the request of netting at the back of its driving range and operate
as they have for the last 60 days. The netting is asked to be put up at 230 yards to stop balls
from entering the wetlands, which start at 400 yards away. We have had over 6000 golfers hit
over an estimated 10 million balls in the last 60 days and 100% have not exceeded 300 yards.
Many facts will explain why hitting over the 300 yard mark doesn't happen. The average golfer
who hits his driver, which is the longest club in the golf bag averages a 208 yard carry which will
have a total distance of 222 yards versus a PGA tour player who has a 275 yd carry and a 305
yd total, (facts taking from Trackman Technologies) therefore either player would not be able to
make it to the wetlands from the hitting area. Also, the use of driving range balls which are only a
one piece ball that has less dimples and inner core which travels 5-10 yards less versus a real
golf ball that is a four or five piece ball and when hit in colder temperatures has a one yard loss
for every ten degrees in change, which means during our winter hours our range balls are travel
an additional 4-7 yards less, making it impossible to reach the wetland area. Furthemore, balls
are 100% clean picked on a daily basis by machine and hand. We have two machines picking
and 5-6 employees walking the range with ball pluggers to pick what the machine can not. In
addition, this business had operated for 10 years without the use of nets and when the site visit
was conducted in 2020, they were unable to find one single ball. This was stated in the Jan 5
planning commission minutes when the site visit was completed in the fall of 2020 by city staff
members, to which they stated:
o "We looked around for golf balls to see if any were still lying around and couldn't
find any."
o "The wetland boundary is located well off where most people are capable of
hitting the golf ball."
Finally, As an avid outdoorsman and for the concern of the wildlife, if I had any evidence proving
that the range balls would invade the wetland area and prove to be detrimental to our wildlife, the
Golf Zone would not contest the need for nets.
CITV OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COI.JNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
June 3, 2021, the duly qualified and acting Deputy Clerk ofthe 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 imendment to the Interim Use Permit to remove the condition
requiring the installation of driving range nets on property located at 825 Flying Cloud
Drive (Golf Zone), zoned Agricultural Estate District (A2), Planning Case No. 2021-02' 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,
Minnesota, and by other appropriate records.
Kim uwlssen.Deputy lerk
Su
thi
m to before me
Seal)
bscribed and
lr-J auy o 2021.
Notary Public
JAfl M
This map as neith€r a legally Ecorded map nor a suNey and is not inEnded lo be used
as one. This map is a corndhtion of Ecords. intormaton and datra located in varDus cily,
r)unty, state and federal ofices and olh€r sources reoading the area 3horn, and is to
be us€d for reElence purpos€s only. The City does not vrarant that the Geographic
hformation System (GlS) Oata used to prepae d s map are eno.lree, and the City does
not Epresenl that the GIS Data cln be used for navigatoml, tracking o. any other
puQoge requidno exacljng [leasuGment of dbliance or di€ction or precisioo in the
dericlion ol g€ooraphic Gatures. The precedino disdaimer b povided pursuant to
Minnesota StaMes y66.03, Subd 21 (2000), and lhe user ol this map acloot{edg€s
that lhe city shall not be liaue tor any damag6, and ergl€gtly weives all daims. and
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county, gtate and €deral ofices and other soorces regading the area 3hown, and i9 to
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lnbmation Systom (GlS) Data used to p.epare this map a.e enor free. and tne Crty does
not leprese.lt th€t the GIS Oata can be used for navigational. tacLng oa any olher
porpose requiring oracling measuEmenl of dastance or dircction or preclslon in the
depidon ol gEographic balures. me prete<ling dasdaimer is provided puBuant to
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tlat the City shall nol be liable fo. any damag€s, and erpE3sly saives all daims, and
agree to (btend, indemnify, and hold haml6s the Clty ttom any and all daims brooght
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