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1982 10 28 . e e e e MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEE~ING HELD OCTOBER 28, 1982 AT 7:30 P.M. COUNCIL CHAMBERS, 690 COULTER DRIVE CHANHASSEN, MINNESOTA --~~ APPROVEDON 11- 10- 3'~ Members Present: Ladd Conrad, Bill Swearengin, Mike Thompson, Jim Thompson, and Carol Watson. Members Absent: Howard Noziska Staff Present: Bob Waibel and Becky Foreman The meeting was called to order by Chairman Ladd Conrad at 7:30 p.m. Conditional Use Permit for Establishment of a Golf Driving Range, 7300 Galpin Road, Frank Stefonac, Public Hearing: Present: Frank Stefanoc, Mound John B. Przymus, 7476 Saratoga Drive Leo Welter, Eden prairie Dean P. Eiler, Mound Mary Welter, Chanhassen Bernie Schmidt, Shakopee John and Dani Hennessy, 7305 Galpin Blvd. Conrad called the public hearing to order at 7:35 p.m. Waibel pre- sented the staff report to the Planning commission and explained that the applicant is requesting a conditional use permit for a golf driving range with 45 tees and 38 parking spaces to be located at the northwest corner of the intersection of Galpin Road and Highway 5. Waibel said that the property is 18.1 acres in size, and that it is presently zoned R-lA, Agricultural Residence. Waibel explained that the applicant has indicated that he intends to groom the wetland area in order that mechanized ball pick up may be used. Waibel further explained that the grooming would consist of cutting down wetland vegetation and seeding with grasses similar to that which will be planted on the rest of the site. Waibel read a letter from Mr. David Leuthe, Minnesota Department of Natural Resources, dated October 25, 1982. Mr. Leuthe indicated in the letter that the wetland on the property has not been identified as a pro- tected wetland of the state, that Bluff Creek is a protected water- course of the state on the northern boundary, and that any work which would change the course, current, or cross-section of Bluff Creek would require a permit from the DNR. Conrad explained to the public that the City Council has amended the zoning ordinance to provide for golf driving ranges in an agricultural residence district. Waibel said the applicant has indicated that they intend to have lighting installed for night operation. Waibel suggested that the lighting should only be used for grounds protection and not for night time operation. Stefonac stated that the lighting will be . e e e e Planning Commission Minutes October 28, 1982 Page 2 Stefonac stated that the lighting will be shielded from the neighbors and the roads. Hennessey, an adjoining neighbor, expressed his con- cern regarding the proposed lighting. Hennessey indicated that he had done some checking on other driving ranges in the area, and that they do not operate past sunset. Hennessey stated that he is not in favor of this request, he feels that the City will be setting a precedent for other commercial developments. Pryzmus stated that the lighting will only be around the tee area and that the lights will be shielded from the road by willow trees. M. Thompson asked how many tees the applicant is planning on putting in. Waibel said that according to the standards set up for driving ranges, 45-50 tees are acceptable for this size lot. M. Thompson asked what the proposed hours of operation would be. Waibel said that the present Chanhassen Driving Range operated from sunrise to sunset; the applicant is proposing to operate until 10 p.m. M. Thompson asked how large the proposed utility shed will be. Waibel said that the utility shed will be a dome shape approxima- tely 12 feet high and be located 50 feet from the road. M. Thompson asked how large the trees being proposed will be. Waibel said that the applicant indicated that the trees will be 3-5 inches in diameter in the northeast corner of the property. Pryzmus said that the application indicates that he was planning to plant trees to screen the Hennessey's home, but now he does not feel that their home will be affected by the driving range. M. Thompson asked about parking. Waibel said that the applicant will have to receive an access permit from the County. Waibel explained that the County will recommend where the access should be located for best sight and stacking distance. Pryzmus said that they are planning on 38 parking spaces. M. Thompson asked the applicant if they are planning on using satelli- tes for sanitary facilities. Waibel indicated that satellites are shown on the plan. M. Thompson asked if they are planning on having vending machines on the property. Waibel said that vending machines are not shown on the plan. Watson asked how many parking spaces the present Chanhassen Driving Range has. Pryzmus indicated that it has 15 parking spaces and that maximum cars they have ever had at one time was seven. M. Thompson asked if the Chanhassen Driving Range was successful. Pryzmus indi- cated that financially, the driving range was not successful, but they had limited space and could not expand. e e , - Planning Commission Minutes October 28, 1982 Page 3 Mary Welter, an adjacent property owner, expressed her concerns regarding the satellite sewer system. She felt that they are unsani- tary and usually not well kept. Waibel stated that the owner of the property has to keep them maintained. Swearengin asked Waibel to read the conditions which have to be pre- sent in order for the Planning commission to recommend approval of a conditional use permit. Waibel said that the first condition is that the establishment, maintenance or operation of the conditional use will not be detri- mental to or endanger the public health, safety, morals, comfort, or general welfare. Swearengin stated that he feels this request, because there are so many neighbors against it, is infringing on their comfort. Waibel said that the second condition is that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substani- tially diminish and impair property values within the neighborhood. Swearengin stated that this request will effect the neighbors enjoyment of their property as can be seen by their objections. Waibel said that the third condition is that the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Swearengin indicated that the surrounding property is farmland and that the requested driving range will affect the develop- ment of this land as farmland. Waibel said that the fourth condition is that the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Swearengin stated that according to Ordinance 45, commercial development cannot be located in an sewered area, and that the Planning Commission in the past has denied requests for other commercial development because they were in unsewered areas. Swearengin stated that he intends to resign if this request is passed by the City Council. Swearengin further stated that this is a commer- cial venture on a corner that is not a commercial corner and also is a bad corner trafficwise. D. Hennessey indicated that they are totally against this proposal and were very surprised at the City Council's approval of amending the zoning ordinance to permit driving ranges in an agricultural residence district. D. Hennessey indicated that at the City Council meeting, Pryzmus stated that he had no intentions of putting lighting on the property, she then asked Pryzmus why he is now requesting it. Pryzmus indicated that they would not need to operate in the evenings if they could have had a miniature golf course along with the driving range, but now without the miniature golf, financially he will have to stay open in the evenings. Pryzmus indicated that they would like to e e , - Planning Commission Minutes October 28, 1982 Page 4 stay open until approximately 10 p.m. D. Hennessey indicated that she objects to people driving in and out of the proposed driving range past their home that late at night; she also objected to the proposed lighting. Leo Welter, Eden prairie, indicated that if the City would allow a commercial use on one corner, they will have to allow another commer- cial use on the other corner. Bernie Schmidt indicated that she should put up a go-cart track on her corner. Watson moved, seconded by J. Thompson, to close the public hearing. All voted in favor and the motion carried. J. Thompson indicated that he feels this request is an inappropriate use of the land, and that the City has set a precedent in the past that no commercial use shall be located in an unsewered area. J. Thompson also stated that he was very surprised at the City Council's decision to amend the zoning ordinance to allow driving ranges in an R-IA District and feels that the City Council made a wrong decision. Swearengin stated that he is totally opposed to this commercial ven- ture in a noncommercial, nonsewered area and that this request is inappropriate, wrong to the neighbors, who are all in objection to the request, and also was very surprised at the City Council's approval of the zoning ordinance amendment. Swearengin also indicated surprise at the staff for apparent push for this request. Waibel indicated that the people of the City have indicated that they would like a recreational service such as this request in the town. Waibel indicated that golf driving ranges are generally not intensive sewage generators. Conrad indicated that the staff gives their opi- nion based on a development standard. Swearengin said that the City has set a precedent that no commercial development shall be permitted outside of the MUSA line, he stated he feels that the City is now contradicting itself, for one person, and not for the benefit of the community. Swearengin indicated that this type of development is not in the Comprehensive Plan. Watson stated that she agrees with Swearengin in that the City has always followed Ordinance 45 in the past by not allowing development in an unsewered area. She felt that this is a commercial development and should not be allowed in an unsewered area. Waibel indicated that commercial requests outside of the MUSA line were denied in the past for the reason that they would require a building permit. J. Thompson indicated that the City has turned down a black dirt operation because it was a commercial outside of the MUSA Line, and they did not need building permits or sewer and water. e e , - Planning Commission Minutes October 28, 1982 Page 5 M. Thompson stated the that City Council has passed a usage for driving ranges in R-lA Districts, and possibly there is a place in Chanhassen for driving ranges, but he feels that this property is not the proper location. He further stated that according to Section 23.06, the proposed location for this driving range is detrimental to the area, injurious to other property, doesn't have anything to do with the normal and orderly development of the area, and that the plan submitted does not show the development as proposed. Conrad indicated that the plan as shown is not accurate and that it still has the miniature golf course shown on it along with other dicrepancies. Conrad indicated that the DNR has asked that the City protect the wetlands on this property. M. Thompson moved, seconded by Swearengin, to recommend that the City Council deny the proposed request for a conditional use permit based on the provisions of Section 23.06. Specifically, this proposal is detrimental to this specific area, is injurious to other property around this specific area, is not a normal or orderly development for this specific area, and the specific plan proposed for this develop- ment is inaccurate, hard to interpret and objectionable based on the fact that the applicant is proposing to have 45 tees with 38 parking spaces, which does not correlate to each other, that the proposed utility shed will be located only 50 feet from Highway 117. Also, the DNR has recommended that the wetlands be left in their natural state. All voted in favor and the motion carried. Minutes M. Thompson moved, seconded by Watson, to approve the minutes as presented. The following voted in favor: Conrad, M. Thompson, Swearengin, and Watson. J. Thompson abstained. Meeting was adjourned at 9:30 p.m.