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PC Staff Report 10-3-06 ~ z -< u ~ ~ ~ ~ -< -< ~ -< ~ ~ ~ ~ rJJ. PC DATE: October 3, 2006 IT] CC DATE: October 23,2006 CITY OF CHANHASSEN REVIEW DEADLINE: December 2, 2006 CASE #: 06-30 BY: Josh Metzer, et. al. STAFF REPORT PROPOSAL: Request for an amendment to Interim Use Permit #98-2 and Site Plan Review with Variances for a proposed addition to the principal structure - GOLF ZONE. LOCATION: South ofthe intersection of Highway 212 and Highway 101 825 Flying Cloud Drive (legal description attached as Exhibit A) APPLICANT: Jeff Helstrom 8276 Scandia Road Waconia, MN 55387 6~' PRESENT ZONING: Agricultural Estate District (A2) 2020 LAND USE PLAN: Residential - Large Lot and Parks/Open Space ACREAGE: 97.64 DENSITY: N/A SUMMARY OF REQUEST: The applicant would like to add an 11,000 square-foot addition to the existing golf structure. A variance is required for the total square footage. Notice of this public hearing has been mailed to all property owners within 500 feet. 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 standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. 0(.0-30 Location Map Golf Zone IUP Amendment & Variance 825 Flying Cloud Drive Planning Case No. 06-30 City of .Chanhassen Raguet WIldlife Management Are SCANNED Golf Zone Expansion Planning Case No. 06-30 October 3, 2006 Page 2 PROPOSAL/SUMMARY The applicant is requesting an amendment to Interim Use Permit (!UP) #98-2 and Site Plan Review with variances for a proposed 11,100 square-foot addition to the principal structure. The addition will require a variance for building square footage. Interim use permits and amendments to them are processed in the same manner as conditional use permits. The subject property is located south of the intersection of Highway 212 and Highway 101. Across Highway 212 to the north of the subject property are Green Gardens Nursery and Brookside Motel. The remainder of the property is surrounded by public open space (Minnesota River Wildlife Management Area) owned by the Department of Natural Resources and the U.S. Fish & Wildlife Service. Access to the site is gained via the signalized intersection of Highway 101 and Highway 169/212. The Golf Zone currently consists of two driving ranges including winterized driving stalls, which total 5,460 square feet in area, a pitch and putt course, a mini-putt course and a 1,000 square-foot office/clubhouse shop. The driving ranges are 100 yards wide by 275 yards deep and 65 yards wide by 255 yards deep. The pitch and putt course is comprised of 9 holes. There are three to four full-time employees and ultimately 75-100 customers a day. The hours of operation are as follows: Sept. 1 - Nov. 31 Man Warn - 7pm Tue-Fri 9am - 7pm Sat-Sun Sam - 7pm Dec. 1 - Jan. 31 Man 1 Dam - Spm Tue-Fri 9am - Spm Sat-Sun Sam - Spm Feb. 1 - May 31 Man Warn - 9pm Tue-Fri 9am - 9pm Sat-Sun Sam - 9pm June 1 - Aug. 31 Man Warn - 9pm Tue-Fri 9am - 9pm The applicant is proposing to construct an 11, 100 square-foot addition to the existing 1,000 square- foot structure. Part of the applicant's desire to build the addition is to create more room within the building to accommodate the high volume of business Golf Zone has experienced during the winter months. The addition will contain a new reception areallobby, a new reception counter, eight new driving stalls, putting greens, sand traps, landscaping and equipment storage. APPLICABLE REGULATIONS Sections 20-231 through 20-237, Conditional Use Permits Section 20-320 through 20-323, Interim Use Permits Sec. 20-259. Golf driving ranges. Sec. 20-1065. Material and detail. BACKGROUND The subject site is approximately 90 acres and the vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding. The flood elevation has been established for the subject property (see Attachment A). Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 3 There is a creek (Assumption Seminary Creek) on site and a large wetland located on the eastern portion of the site, which is under the jurisdiction of the DNR. While the creek is not adjacent to the Golf Improvement Center, branches of the creek are found throughout the subject site. The city's wetland inventory shows this area as a natural wetland. The subject site is one ofthe 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. On July 13, 1998, the City Council approved the following: . 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/club house to be increased to 986 square feet The City Council denied the request for extended hours of operation (Variance #98-1). On September 13, 1999, the City Council approved: . An amendment to City Code Section 1 0-55(b) to allow golf courses driving ranges with permanent plumbing facilities to be eligible for a liquor license. . The Council also approved the 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 3 course, and putting course. No beer would be allowed to be consumed in the parking lot area. . The City Council also approved a request to amend Site Plan #98-8 to allow for an expansion of a second story to the driving bunkers for RSS Golf. INTERIM USE PERMIT/FINDINGS The purpose and intent of an interim use permit is to allow a certain use for a brief period of time until a permanent location is obtained or constructed. The intent is also to allow a use that is presently permitted as an interim use but that is anticipated to terminate when potential development calls for a higher and better use of the property. The Planning Commission shall recommend an interim use permit and the City Council shall issue such interim use permits only if it finds that such use at the proposed location: 1. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 4 a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed use will not be detrimental to or endanger the public health or safety if the appropriate conditions are attached to the permit. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is not consistent with the City's comprehensive plan and zoning ordinances. The current use is a temporary use of the site until 2020 when municipal sewer and water are planned to be available to the property. At that time the use may change to a higher and better use. 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 ofthat area. Finding: The proposed addition will create a structure which far exceeds that which is permitted by ordinance. The proposal will not be consistent with other uses nor be compatible in appearance with the general vicinity and will change the essential character of the area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the existing use will not be hazardous or disturbing to existing or planned neighboring uses. There is an existing nursery business and motel to the north and floodplain and open space to the west, south and east. 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. Finding: The proposed use will be served by adequate public streets, private well and septic system. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not be detrimental to the economic welfare of the community. The use is proposed to be temporary until municipal services are brought to the site. 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. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 5 Finding: Expansion of the golf range operation by building an addition to the principal structure will not further impact adjoining properties or the general welfare if the conditions of the permit are met. h. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The existing vehicular approach to the property is via the signalized intersection of Highway 212 and Highway 101 and will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed addition will not result in the destruction, loss or damage of solar access, natural, scenic, or historic features of major significance. J. Will be aesthetically compatible with the area. Finding: The proposed addition will not be aesthetically compatible with the surrounding area due to its excessive size. k. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values if the conditions of the permit are met. 1. Will meet standards prescribed for certain uses as provided in this ordinance. 1. The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial, which leads to TH 5 or TH 212. Finding: Meets this standard. 11. Hours of operation shall be from sunrise to sunset. Finding: Meets this standard. 111. Provision of adequate parking areas and submission oflandscaping plan shall be in conformance with article VIII of this chapter. Finding: One additional parking space is required. IV. No site shall be located within 500 feet of a single-family residence. Finding: Meets this standard. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 6 v. Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. Finding: The proposed addition exceeds 800 square feet. VI. 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 and receives approval of a liquor license in accordance with City Code. Retail sales are limited to golf related items and the pro shop. Finding: Meets this standard. 2. Conforms to the zoning regulations. 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. The use will not impose additional costs on the public ifit is 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 ofthe use. Findings: The proposed expansion does not meet the standards of a conditional use permit nor does it comply with zoning regulations in that the proposed square footage exceeds that allowed by the zoning ordinance and the proposed exterior of the building consists of steel paneling. The current use is permitted as an interim use in the A2 zoning district. This interim use permit is scheduled expire in the year 2020. The proposed addition may impose additional costs which may lead to a desire to extend the interim use permit in the future. WETLANDS Existing Conditions The subject property is surrounded by natural wetlands and DNR protected wetlands 10-222w to the west and 10-221 w to the east. These wetlands are part of a larger wetland basin, which surrounds the site from all sides excluding the north (Highway 212). These wetlands have been classified as natural and are connected to floodplain basins along the Minnesota River, which have important natural features such as calcareous fens, trout streams and wildlife habitat. SITE PLAN REVIEW The applicant is requesting approval for an 11,100 square-foot building. This is an addition to the existing 1,000 square-foot clubhouse. The proposed primary exterior material is steel paneling accented with cultured stone veneer along the bottom three feet of the north elevation. The use of metal as an exterior material is prohibited by ordinance. Staff is recommending the applicant revise the plan replacing the proposed steel paneling with a permitted exterior material. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 7 Size Portion Placement Two entrances are located on the northern elevation of the building and two on the southern elevation. The entrance to the existing structure is a single door. The entrances on the northern and southern elevations of the proposed addition are double doors. The second entrance on the southern elevation is a 9-foot wide by 8-foot tall garage door. Material and Detail The building consists of color-coated steel paneling and a stone veneer. A steel panel mansard roof canopy is proposed over the new northern elevation entrance. Double doors are proposed at the northern and southern elevations. The building fac;ade incorporates window and entry patterning along its northern elevation with an entry canopy projected three feet at the entrance. The proposal to construct a building of steel panel does not meet City standards. Staff is recommending the applicant revise the plan to incorporate one of the following materials permitted by City Code as the exterior fac;ade: . Brick . Stone . Glass . Textured masonry units . Wood, consisting oflap siding with an exposure no greater than seven inches or wood shakes; surfaces must be painted . Stucco . Tilt up concrete panels that are grid or brick like in appearance Color The primary building color is a light-tan steel panel siding. The roof will be gable construction consisting of dark green steel paneling. Accent color is provided through the use of a cultured stone veneer three feet in height along the north elevation of the proposed addition. A mansard roof entry canopy over the double door of the new addition will also consist of dark green steel paneling. Height and Roof Design Building height is 30 feet to the peak of the gabled roof and the average height of the roof is 24 feet. The City Code allows principal structures to be a maximum of 35 feet in height in the A2 district. The new northern entrance will be covered by an 8' x 3' metal panel canopy, which clearly identifies the entry to the building. Any rooftop mechanical equipment must be screened from public view. Facade transparency The proposed building incorporates four entrances, two on the northern elevation (one single door and one double door), and two on the southern elevation (one double door and one garage door). The exterior elevation renderings submitted by Structural Buildings Inc. show northern fac;ade lined with ten 5' x 8' windows, two 5' x 5' windows and three 4' x 4' windows while the Floor Plan, also submitted by Structural Buildings Inc., only shows eight 5' x 5' windows on the northern facade. The floor plan also shows four 5' x 5'windows on the eastern fac;ade which are Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 8 not shown on the exterior elevation. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three 4' x 4' windows on the northern fa<;ade and the exterior elevations must be revised to show four 5' x 5' windows on the eastern fa<;ade. The southern elevation contains two 5' x 5' windows. The northern fa<;ade entry to the proposed addition will consist of wooden double doors covered with an 8-foot wide by 3-foot deep mansard roof canopy, which visibly defines it as the main entrance to the building. Site Furnishing Community features include landscaping, rain gardens, lighting and a sidewalk system. Loading Areas, Refuse Area, etc. Refuse and waste removal, other unsightly areas will be screened from public views by the building, fencing and buffer yard plantings. The site plan currently does not show an enclosed dumpster storage area. Staffis recommending the site plan be revised to show such an enclosure. Lot Frontage and Parking location Access to the site will be gained via Highway 212, a public street. Parking is at the northeastern edge of the property. Less than 50% of the parking will be between the buildings frontage fa<;ades and the primary abutting street, Highway 212. ORDINANCE PROPOSED STANDARDS Building Height 3 Stories / 35 feet 1 Story / 24 feet Building Setback N-50' E-I0' N-300' E-25' S-50' W-lO' S-2,173' W-l,OOT Parking Stalls 55 54 Parking Setback N-50' E-lO' N-93' E-l11' S-50' W-I0' S-2,261' W-l,116' Hard Surface Coverage - 20% 1.18% Lot Area 2.5 acres 97.64 acres The long-term land use designation of the subject property is large lot residential or open space, which is intended to protect the surrounding environmental resources. Staff had numerous in- house discussions regarding this request. The golf driving range use as currently described in the city code is an interim use. Such a use is permitted temporarily until such time when a higher or better use is permitted. This occurs at the time when urban services are provided, which, for this area, is projected for 2015. However, Interim Use Permit #98-2 is scheduled to expire in the year 2020. Staff believes that the current use is a reasonable use ofthe property for the time being. In researching the lifespan of a pole barn, it was found that with proper maintenance a pole barn could remain functional for as long as the owner desires. Given that the proposed addition is essentially a pole barn; the requested use has the potential to remain permanent rather than temporary with the characteristics of a permanent commercial operation. Staffhas been working with the applicant on this request for a few months. The plans have gone through numerous revisions. These changes include alterations to the proposed layout of the Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 9 addition to avoid encroachment into the floodplain and revising the site plan showing the proposal to plant six trees around the perimeter ofthe parking lot as recommended by the City Forester. Staff acknowledges the applicant's efforts; however, the magnitude ofthe proposed addition far exceeds what is permitted by ordinance and, as stated earlier, is progressing toward a more permanent use rather than a temporary use. SITE PLAN FINDINGS In evaluating a site plan and building plan, the City shall consider the development's compliance with the following: 1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; 2. Consistency with this division; 3. Preservation ofthe site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; 4. Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; 5. Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility ofthe same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 6. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is not consistent with the city's comprehensive plan but is permitted as an interim use by the zoning ordinance. The proposed addition is not compatible with surrounding development in that the proposed building size far exceeds that which exists on neighboring properties. The proposed use of steel paneling on the exterior of Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 10 the building is not permitted by ordinance. The proposed building significantly exceeds the size standards allowed by the City Code for this use. LANDSCAPING The applicant has proposed a landscaped rock swale at the base of the addition. Within the swale two species of woody shrubs are proposed, spirea and alpine currant. This area will be receiving runoff from the parking area and will act as a filtered swale for transporting the surface water to the stormwater pond. A more relevant alternative to the proposed plan would be to include a rain garden in this area. Staff recommends that a rain garden that incorporates trees, shrubs and perennials be installed in this area to accommodate any run-off from adjacent parking areas. Staff also recommends that the applicant install the minimum required landscaping for the parking lots. Currently, there are no trees in the parking lot area. A total of 6 overstory trees must be planted near and/or within the parking lots in order to meet ordinance requirements. There are six trees proposed to be planted which are shown on the site plan. VARIANCE The applicant is requesting two variances. The first is a request to construct the exterior of the building using steel paneling. The use of such material on the exterior of a building is prohibited by ordinance. Ordinance requires the use of one of the following materials on the exterior of a structure: . Brick . Stone . Glass Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 11 . Textured masonry units . Wood, consisting oflap siding with an exposure no greater than seven inches or wood shakes; surfaces must be painted . Stucco . Tilt up concrete panels that are grid or brick like in appearance If the building square footage variance is approved, staff is recommending the applicant revise the plan to incorporate one of the materials permitted by ordinance for use as the primary exterior building material. The second is a request for a variance from the 800 square-foot building area restriction for principal structures at golf driving ranges. The applicant has already received a variance to have a 986 square-foot structure. The applicant is proposing to construct an 11,100 square-foot addition to the existing 1,000 square-foot clubhouse which requires a variance. Staffis recommending denial of this variance request. VARIANCE FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they Imd the following facts: 1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. The applicant already has an interim use permit to run the golf operation on property zoned A2. 2. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties that lie within the Agricultural Estate (A2) zoning district. 3. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The proposed development will increase the value of the property. 4. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is self-created. The applicant is proposing the expansion of the operation, which is an interim use permit. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 12 5. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a variance for construction of the proposed addition may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located because in the future the subject property could be converted to a higher and better use. 6. The proposed variation will not impair an adequate supply oflight and air to adjacent property or substantially increase the congestion ofthe public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed addition will not impair an adequate supply oflight and air to adjacent property or substantially increase the congestion ofthe public streets due to the relative size of the proposed addition compared to the size of the property. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: A. "The Planning Commission recommends denial of the Site Plan and Amendment to Interim Use Permit #98-2 for the construction of an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot building area restriction for the golf driving range principal structure and a second variance for the use of steel paneling as the primary exterior material on property located in the Agricultural Estate (A-2) District at 825 Flying Cloud Drive, as shown on the plans prepared by Structural Buildings Inc. dated September 11, 2006, and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC dated September 11, 2006 based on the findings in the staff report and the following: 1. The applicant already has reasonable use of the property through Interim Use Permit #98-2 which permitted the operation of a golf driving range in the Agricultural Estate (A2) District. 2. The applicant has not demonstrated a hardship." Should the Planning Commission choose to recommend approval of the building square footage variance request and denial of the building material variance request staff recommends that the Planning Commission adopt the following motion B: B. "The Planning Commission recommends approval of the Site Plan and Amendment to Interim Use Permit #98-2 for the construction of an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot building area restriction for the golf driving range principal structure and recommends denial of the variance request for the use of steel paneling as the primary exterior material on property located in the Agricultural Estate (A-2) District at 825 Flying Cloud Drive, as shown on the plans prepared by Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 13 Structural Buildings Inc. dated September 11, 2006, and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC dated September 11, 2006 with the following conditions: 1. The applicant shall revise the plan to incorporate one of the following materials permitted by City Code as the exterior fac;:ade: . Brick . Stone . Glass . Textured masonry units . Wood, consisting oflap siding with an exposure no greater than seven inches or wood shakes; surfaces must be painted . Stucco . Tilt up concrete panels that are grid or brick like in appearance 2. The eastern wall of the proposed building lies over the well. Verify the location of the well. Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from the farthest exterior projection of a building, including walls, roofs, decks and overhangs. Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a structure. 3. Note the top of curb elevation ofthe parking area north ofthe proposed building. Verify that the proposed grade in this area will not exceed 3H: 1 V. 4. Show the proposed pedestrian access to the new building. 5. Note what the existing structure is west of the building and include a note whether this structure is to remain or will be removed. 6. Note the FFE of the existing building. 7. Delete or update the note on the plans that state the FFE of the 1 st and 2nd office buildings. 8. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 9. The on-site sewage treatment system must be of complying design and of sufficient capability for the existing and proposed facility. An assessment of the existing individual sewage treatment system must be provided, in the permit application documents, verifying that the existing system is of sufficient capacity for the additional usage or a design increasing the system capacity must be provided. Such assessment and/or design to be by a licensed ISTS designer. 10. The applicant shall install a rain garden within the proposed swale on the north and west sides of the proposed addition. Plantings to be incorporated include trees, shrubs and perennials. A revised landscape plan shall be submitted to the city for approval. Note proposed spot elevations along the rock swale. Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 14 11. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three 4' x 4' windows on the northern facyade and the exterior elevations must be revise to show four 5' x 5' windows on the eastern facyade. 12. Any rooftop mechanical equipment must be screened from public view. 13. A trash enclosure must be shown on the site plan. 14. One additional parking stall is required." Should the Planning Commission choose to recommend approval of both variance requests, staff recommends the Planning Commission adopt the following motion C: C. "The Planning Commission recommends approval ofthe Site Plan and Amendment to Interim Use Permit #98-2 for the construction of an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot building area restriction for the golf driving range principal structure and a second variance request for the use of steel paneling as the primary exterior material on property located in the Agricultural Estate (A-2) District at 825 Flying Cloud Drive, as shown on the plans prepared by Structural Buildings Inc. dated September 11, 2006, and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC dated September 11, 2006 with the following conditions: 1. The eastern wall of the proposed building lies over the well. Verify the location of the well. Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from the farthest exterior projection of a building, including walls, roofs, decks and overhangs. Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a structure. 2. Note the top of curb elevation of the parking area north ofthe proposed building. Verify that the proposed grade in this area will not exceed 3H:IV. 3. Show the proposed pedestrian access to the new building. 4. Note what the existing structure is west ofthe building and include a note whether this structure is to remain or will be removed. 5. Note the FFE ofthe existing building. 6. Delete or update the note on the plans that state the FFE of the 1 st and 2nd office buildings. 7. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 8. The on-site sewage treatment system must be of complying design and of sufficient capability for the existing and proposed facility. An assessment of the existing individual sewage treatment system must be provided, in the permit application documents, verifying Golf Zone Expansion Planning Case No. 06-30 September 5, 2006 Page 15 that the existing system is of sufficient capacity for the additional usage or a design increasing the system capacity must be provided. Such assessment and/or design to be by a licensed ISTS designer. 9. The applicant shall install a rain garden within the proposed swale on the north and west sides of the proposed addition. Plantings to be incorporated include trees, shrubs and perennials. A revised landscape plan shall be submitted to the city for approval. Note the proposed spot elevations along the rock swale. 10. The floor plan must be revised to show ten 5' x 8' windows, two 5' x 5' windows and three 4' x 4' windows on the northern fa9ade and the exterior elevations must be revise to show four 5' x 5' windows on the eastern fa9ade. 11. Any rooftop mechanical equipment must be screened from public view. 12. A trash enclosure must be shown on the site plan. 13. One additional parking stall is required." ATTACHMENTS 1. Findings of Fact - Denial. 2. Findings of Fact - Approval. 3. Development Review Application. 4. Letter from Jeff Helstrom to the City of Chanhassen stamped "Received September 11,2006." 5. Site Plan prepared by Anderson Engineering of Minnesota stamped "Received September 12, 2006." 6. Construction Detail Plans prepared by Structural Buildings Inc. stamped "Received August 4, 2006." 7. Color Rendering of Proposed Northern Elevation. 8. Septic System Report prepared by Swedlund Services stamped "Received August 4, 2006." 9. Site Plan # 98-8/Interim Use Permit #98-2/Conditional Use Permit #98-2. 10. Exhibit A (Legal Description). 11. Public Hearing Notice and Affidavit of Mailing. g:\plan\2006 planning cases\06-30 golf zone\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION (Denial) IN RE: Application of Jeff Helstrom, Golf Zone for an amendment to Interim Use Permit #98-2 and Site Plan Review with Variances for a proposed addition to the principal structure - Planning Case No. 06-30. On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom, Golf Zone for an amendment to Interim Use Permit #98-2 and Site Plan Review with Variances for a proposed addition to the principal structure for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed IUP amendment and Site Plan with Variances that 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, A2. 2. The property is guided by the Land Use Plan for Residential-Large Lot and Parks/Open Space. 3. The legal description of the property is: Attached as Exhibit A. 4. Site Plan Findings: (1) Is inconsistent with the elements and objectives of the City's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Is inconsistent with Chapter 20, Article II, Division 6 of the Chanhassen City Code; (3) Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Does not create a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development due to its excessive size; (5) Creates a functional and harmonious design for structures and site features, with special attention to the following: 1 a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept is incompatible with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. Interim Use Permit Findings:: (1) Does not meet the standards of a conditional use permit set forth in section 20-232 of the City Code. a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be inconsistent with the objectives of the city's comprehensive plan and this chapter. c. Is not 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 due to its excessive size. 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 of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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. 2 h. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will not be aesthetically compatible with the area due to the proposed size of the building and exterior materials used in construction. k. Will not depreciate surrounding property values. 1. Does not meet standards prescribed for certain uses as provided in this ordinance because the proposed structure exceeds the 800 square foot building area restriction for structures located on golf driving ranges. (2) Does not conform to the zoning regulations for golf driving ranges. (3) The use is allowed as an interim use in the zoning district. However, the proposed improvements will progress the current use from temporary to permanent in nature. (4) The date of event that will terminate the use can be identified with certainty. However, the proposed improvements will progress the current use from temporary to permanent in nature. (5) The use may impose additional costs on the public if it is 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. 6. Variance Findings: (1) That the literal enforcement of this chapter would not cause undue hardship. The applicant currently has reasonable use of the property. (2) The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. The applicant wishes to expand the interim use to a more permanent operation. (3) The purpose of the variation is to increase the value or income potential of the parcel of land. (4) The alleged difficulty or hardship is a self-created hardship due to the requested expansion of the operation. (5) The granting of the variance may be detrimental to the future development of the neighborhood in which the parcel is located. 3 (6) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 7. The planning report #06-30 dated October 3,2006, prepared by Josh Metzer, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council deny the !UP amendment and Site Plan with Variances. ADOPTED by the Chanhassen Planning Commission this 3rd day of October, 2006. CHANHASSEN PLANNING COMMISSION BY: Jerry McDonald, Its Chairman g:\plan\2006 planning cases\06-30 golf zone\findings of fact denial.doc 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION (Approval) IN RE: Application of Jeff Helstrom, Golf Zone for an amendment to Interim Use Permit #98-2 and Site Plan Review with Variances for a proposed addition to the principal structure- Planning Case No. 06-30. On October 3,2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom, Golf Zone for an amendment to Interim Use Permit #98-2 and Site Plan Review with Variances for a proposed addition to the principal structure for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed !UP amendment and Site Plan with Variances that 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, A2. 2. The property is guided by the Land Use Plan for Residential-Large Lot and Parks/Open Space. 3. The legal description of the property is: Attached as Exhibit A. 4. Site Plan Findings: (1) Is consistent with the elements and objectives of the City's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Is consistent with Chapter 20, Article II, Division 6 of the Chanhassen City Code; (3) Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creates a functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 1 b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue such interim use permits only if it finds that such use at the proposed location: (1) Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. 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. 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 of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 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. 2 h. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this ordinance. 1. The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial, which leads to TH 5 or TH 212. 2. Hours of operation shall be from sunrise to sunset. 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 and receives approval of a liquor license in accordance with City Code. Retail sales are limited to golf related items and the pro shop. (2) Conforms to the zoning regulations. (3) The use is allowed as an interim use in the zoning district. (4) The date of event that will terminate the use can be identified with certainty. (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. (6) The user agrees to any conditions that the City Council deems appropriate for permission of the use. 6. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: 3 (1) That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. (2) The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. (3) The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. (4) The alleged difficulty or hardship is not a self-created hardship. (5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. (6) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 7. The planning report #06-30 dated October 3,2006, prepared by Josh Metzer, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the IUP amendment and Site Plan with Variances. ADOPTED by the Chanhassen Planning Commission this 3rd day of October, 2006. CHANHASSEN PLANNING COMMISSION BY: Jerry McDonald, Its Chairman g:\plan\2006 planning cases\06-30 golf zone\findings of fact approval.doc 4 Planning Case No. 0 CLJ -3d CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHMJHJl.SSEN Rr;:Cf:' -,- DEVELOPMENT REVIEW APPLICATION AUlj & 4 2LJ06 CliANHAsSEN PLANNING om PLEASE PRINT APPIiC~J11e and Address: '-\e \~rol?" t61- "1" '] t fA.t"J,\(,., reA Wtt-l-<M \"\ (ifY'1J ~3 01 Contact: ' Phone: "'lv11.-)"~ Fax: Email: Owner Name and Address: yn.,. t:;x:; tf" Z--GlV\,-e... ~z-S- Ply/I~) e-lovJ!olv. C/i1 Cl.~ iL~ ;14.v 5 ~~ I ~ Contact: V~ l+ei~ Phone:&n.-7L3-"'I~L- Fax: q~z..-'I4'Z--iS-9Y'l Email: jJ-e/c; @ ;;;;c<hA~iL , t/V'e't- NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Vacation of Right-of-Way/Easements 01 AC) Conditional Use Permit (CUP) -$- Interim Use Permit (IUP) Af'(\.(' l\cl 'N\ (' (\~. Variance (VAR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign - $200 (City to install and remove) Site Plan Review (SPR)* X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRlVACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital copy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: 6 off- ZoV\c: ~f?/~(/J c:;{'Q.o-\ (dz-S' H~/~/ Cr/~d dv" LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: 40 )4 YES NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ~~ .-..s fo---v {/f..J 1 J;/ e:;te:LcJ... 5;O~u- e ~av- -I' tA vi sov- puth'':j ~ CfJllP/~ C)c..)y- W-A,~"'::J ~e.<zL wJ /,1 /c>~ ef/J/aYy6u:i QVI/'J... ,.c;JV c~a...ct?/J O(/vl€'~ a t-?L.A sjq II CtveGr- v<J/ t I be.- e-)ofl4~~ by b (s~//s:_ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. ~ Signat~re of Applicant ------- 7-/f-D6 Date Signature of Fee Owner Date C:\Documents and Settings\HP _Owner\Local Settings\Temporary Internet Files\Content.lE5\JR9RBXCW\Oevelopment Review Application.DOC Rev. 12105 CITY OF CHANHASSEN RECEIVED SEP 1 1 2006 CITY OF CHANHASSEN Thank you for your consideration for the expansion of the Golf Zone at 825 Flying Cloud Drive. Here is a brief summary of my request - My expansion would add an 11,110 square foot building connected to the west of my existing structure. This addition will consist of a new reception area, a new larger reception counter, 8 new driving stalls, a sand trap and an area designed for putting including greens with slopes, sand traps, and landscaping. Disruption to the current site would be minimal. The following are reasons that this expansion would benefit my customers and the people that live in Chanhassen and the surrounding communities: 1. Golf Zone's current clubhouse is approx.l,OOO square feet. This is not enough room for waiting customers or for customers that would like to have a birthday party or outing inside. We barely have enough room for a broom closet. 2. Our current clubhouse needs new siding, windows, and a new roof. This expansion would provide the funding necessary to complete those items. 3. Our current facility has no maintenance area and very little storage. Because of this, we are forced to store some equipment outside. The expansion would have a new 300 square foot maintenance area. This would be large enough to store all of our equipment. 4. Our current winter range has no "enclosed" heated area. This type of space would allow customers to work on their golf game without the winter conditions being a factor. 5. Our current facility is an old farm house connected to our hitting stalls. The new expansion would complete our overall plan for this facility. In summary, this new expansion would improve the experience for our customers and greatly improve the overall fa~ade and appearance of our building which will compliment the extensive landscape of our putting course and par 3. Thank you for your consideration, Jeff Helstrom Owner Golf Zone AndersonEngineeringofMinnesota,LLC DRAWING HISTORY JOB NAME: THE GOLF ZONE CONTRACTED C/O DATE NOTES 8-4-0(, CONTRACT RECEIVED SIGNA TURE CONTRACT ADDRESS: 825 FL YING CLOUD DRIVE JOB NUMBER: (;,0(;,0 2 CHANHASSEN 3 . MN 5531l 4 CONTRACT PHONE U: (,12-445-1500 SALES REP.: CHRIS 5 (, CUSTOMER SIGNA TURE: l ._---,--..-. DOOR a WINDOW SCHEDULE LABEL QTY. TYPE FRAME OUT SIZE REMARKS KEYED @ I 9'X8' OVERHEAD DOOR 8'-11" X 8'-0" - - @ 2 AJ 5100 SERVICE DOOR VERIFY EZ FIT FRAME. 9-L1TE - @ 2 AJ 5\00 SERVICE DOOR VERIFY EZ FIT FRAME - @ H AJ 905 WINDOW 5'X5' 5'-0" X 5'-0" EZ FIT FRAME. FIN INTR. - @ - - - - - CD - - - - - @ - - - - - @ - - - - - CD - - - - - 0 - - - - - ^^...., VI R'ECEIVED (g) - - - - - CD - - AUG U 4 2006 - - - @ CHANHASSEN PLANNING DEPT - - - - - cD CD 0 U r<1 Lf) Lf) Z :z - L 0 - OL ill -1 ~ - u =:5 ill ill [() -1 f- <C ill ill OL OL f- U) ==:J f- U) t- OL LL U " N =:5 (J N OL t- en o Lf) "T" "T" 1- _"T" -.J) "T" 011 ~~ c<'\N -.J) r- ~ -c<'\ -.J) r- ill U iLX LL<{ OLL u z -~ 0 -, C- O , i:o 0 , i:o 0 I i:o 0 , 0 i:o , 0 0 CD 0 , , i:o '" c- O , i:o 0 , i:o 0 , i:o -~ 2 , c- o 0 , , ~ ~ 132'-0" 5'-IOY," 102'-0" COLUMNS 1,' O.C. 0..,- U) - - ..,- ..,-..,- , , ~~ ~~ r-r- Uwx :z: ~ <t: LLLL LL o 30'-0" U) U :z: o -1 ~ ill 5'-IOY'- , 3'XS' MANSAR ~------~-~--;r------- , , --- --------------------------------- ~----------------------------------- 31,. BOXED EAVE 1"""'- ,~ 'ell 'U '0 (Q) 'w ,x ,0 ell ,;,- N (Q) (Q) (Q) (Q) (Q) L (Q) (Q) , - - - - - - - - - - - -l- (Q) (Q) @ " (Q) 5'-10 . COLUMNS 1,' O.C. II,'XI02' LEAN-TO WITH CEILING 'cifJ' (Q) (Q) (Q) . 0 UO(l,' OWO _ f-I ........IU <f)~I: W>O <f) f- ~If- (l,'f-O f-31O :;"1 ,., <f) W <f) 0 <f) , ::J 0 (l,' f- ..,. ,'-', 0 Z 0 I: RESKIN EXISTING ROOF WITH NEW MET AL ROOF PANEL -1 <( tu co Oi wO ~ g:~ lflU) f- z: U tn I:: ~ ~ci LLW Oi ..,...'>.1. f- ~~ U) ~ ill , , , , - l tf) OL :r: , u w' -'I z: ell, <(, <( ,u, L: 0, tf) ~, ill 0' ell, ~ " , <( I~I tf) I , , , ill , ' Idy,. L -...P I 0 0 , N ......... , 'f" , 11- ......... , CO I FLOOR PLAN ---J I 0 ill I SCALE: 1/11,"=1'-0. U ill OL , /- , , <( :::l _J ill 0 /- <( ::r z: f- ~ () () c.J) ill >- ---J OL f- eo ill f- L: z: 0 '3 /- ill <( tf) 0 OL :::l ~ 0 u SHEET @ --------------'rBoxEDEAvE- --------------- ~ _ _.2 .!:.L!,. :...11 :lIS" LVL HEADER__. 11'-10)< . IS'-O" IS'-O" IS'-O" 18'-0" 11'-10)< " ------------- , ~~ D 0..... L() - -..... .......... I I ~~ 66 ~r RIDGE CAP I PROFILE VENT Uwx :z ~<l: -LLLL LL o c..n U :z o ---1 =::; CO 3(," BOXED EAVE D ---1 <( tu CD c:JL w 0 -----; O<~. ---' f- L() t- tf) ::z: U ~:c -----; ~ ci ---' LL W c:JL ..... v. t- NU cr-W c..n !::! 10 D D D D D D . cJ) "'- BOTTOM De:: CHORD I OF TRUSS U :z: <( I: cJ) ill --l <( cJ) ill z --0 0 0 N '-- "<r LL '-- ---l ex:> 0 ill ill U l- De:: <( :::J I- ill 0 <( ::r :z: I- ~ I.] I.] cJ) ill >- ---l De:: I- ill ill l- I: :z: 0 :3 I- D D CO <( cJ) 0 De:: :::J ---:> 0 U SHEET 2 12 3.5 i:?"" RIDGECAP I PROFILE VENT w/r I DOWN PEAK PURLlN MATCH TOP PURLlN TO RIDGE CAP WIDTH STEEL ROOF PANEL "2 I BTR SPF PURLlNS 2X~ ON EDGE COVERING MULTI SPANS TRUSS LOADING 35-5-5 SPACED" (,' O.C. R-~O BLOWN INSULATION / ~ 12 3.5i:?"" \ ~-MILL POLY LINER STEEL r I N 2 I N r I N STEEL WALL PANEL Q o I ". R-19 INSULATION 2X~ INTR GIRTING ~-MILL POLY LINER STEEL r N N Q I N r I N 2X~ SIDE GIRTS 3-PL Y 2X' GLUE LAM. SIDE COL. - i- I 1-112" SILL SEAL N 2X' TREATED BAS BASE TRIM CONCRETE BY OTHERS ~" UP FROM BOTTOM OF GRADE BRD ,- N ~-PL Y 2X' GLUE LAM. SIDE COL. 3-PL Y 2X' GLUE LAM. END COL. I{"-O" 9 "' SEE DETAILei) / I \ "- \ \ I o WALL SECTION "A" 0" U) - - " "" I I ~~ ;<;;<; "'''' !:::r Uwx z: ~ <t: LLLL LL o en U z: o -' ==:5 CO -' <t t;J co OL:wO ~(<) ==:5 t- ::g I-- <J):z U~~ ==:5 Qf oi LLW OL: ,,~ I--~~ en ~ lfl . w :z: o N cJ) OL :r: u :z <t: L: cJ) ill --l <t: cJ) --..l) 0 "- '<r "- <X) ill ill f- OL <t: ::J f- 0 <t: ':oL :z U U cJ) LL -l o U w :::r I- " W -l l- I- >- OL (() ill L: :z 0 3 f- <t: cJ) OL ::J o u SHEET ill o -:> 3 @ 12 ~3.5 r I N o I N C) 20" RIDGE CAP o STEEL WALL PANEL r I N N BASE MOLDING (HOLD ~. UP fROM GRADEl --------... 2X8 ..0 TREATED GRADE BOARD__ o Ov- Ln- -v- V-v- I I :::!)~ NN ;;::;;;::; -.j)-.j) r-r- - - UWx :z: ~ <{ _lLlL lL o en U :z: o -1 =:3 CO -1 <( tu co ~WO --.. 0<: ~ ---> I- Ln f- l.f):z U ~:c --.. ~ oi ---> lL W ~v-::.L L- NU ,--- 0- W en~CO r I N 2X4 SIDE GIRTS r I N ~ SEE DETAIL r I N 4-PL Y 2X{, GLUE LAM. SIDE COL. 3-PL Y 2X{, GLUE LAM. END COL. -- ..... / \ I \ \ I \ WsEE DETAIL '- ...- o FOOTING DETAIL WALL SECTION "6" ill :z o N LL ---l o U ill ::r I- tf) (.")L :r: u :z: <( L tf) W --l <( tf) ~ 0 ......... T ......... co W W I- (.")L <( =:l I- 0 <( :z: ~ U U tf) .. ~ >- (.")L I- (() W L I- :z: 0 "3 ill <( ~ o (.")L =:l -:> 0 U SHEET ~ ~F~E~VED SEP2 2 2006 N ,., " CH i\JHASSE CITY Ut" WEDLUND ERVICES 8/3/2006 The current septic system at Rain, Snow or Shine Golf in Chanhassen is a 600-gallon per day mound system. At the facilities current size the maximum number of customers per day is 190. The average customer is onsite for approximately 45 minutes. The calculation used to determine the current number of gallons per day used was 190 customers @ 2 gallons per customer. The current maximum daily flow is 380 gallons per day. The new proposed expansion to the facility will increase the maximum number of daily customers by 90. This will bring the new maximum customer per day total to 280 customers. By increasing the number of customer to 280 to maximum daily flow will increase to 560 gallons per day. The current septic system is in compliance with all state codes. The proposed expansion will not bring the gallons per day beyond the current septic systems design capabilities of 600 gallons per day. Josh SwedJund/President {if{~ CITY 010 CH RECEtv1~sS&:N AUG 0 4 2006 CHANHASSEN PLA NNING DEPT I . d 262E-E1.8(2S6) punIpams 450(' dSv:SO SO EO ~nH CITY OF CHANHASSEN RECEIVED AUG 0 4 2006 2/25/02 Water IWastewa ter- ISTS4 .31 ~ ~~~ ~ CHANHASSEN PLANNING DEPT Compliance Inspection Form for Existing Individual Sewage Treatment Systems Minnesota Pollution Control Agency Completion of this form fulfills the minimal requirements of Mmn. Stat. 9 115.55 (2001) and Minnesota R. ch. 7080 (1999). Please refer to local ordinances for other requirements or information, especially for compliance requirements for bedroom additions. General: Date of Inspection: <6[)) I) ~ Reason for inspection: dJ;' PropertyOwner(s) ~ stTOM., -, W M'Shlr<- ,. Telephone~) '/l/S-- IroO Person requesting inspection ::f~f Telephone ( ) SiteAddress '7J;:{) Pjihr(lood Df\\<.L City C~5~y) ZipCode S"Ss)7 Fire No.1 Parcel No. County CAY\k..'r Township legal Description Local Regulatory Authority Date system constructed 0' &74 g System in Shoreland Area@s no System In Wellhead Protection Area: yesGJ System serving a MDH licensed facility: yes Glocal Permit # (If any) Systems built prior to April 1, 1996 and not located in Shoreland or Wellhead Protection Area or Serving a Food, Beverage or lodging Establishment Is the system an imminent threat to Dublle health or silfetv? (a yes answer is an ITPHS system) - Discharge of sewage to the ground surface? - Discharge of sewage to draintlle or surface waters? - Sewage backup into dwelling? - Situation with the potential to immediately and adversely impact or threaten public hearth or safety? YES NO YES NO YES NO YES NO Is the system failinQ? (a yes answer is a failing system) - Less than TWO feet of vertical separation between system bottom and saturated soil or bedrock? - A seepage pit, cesspool, drywell, or leaching pit? YES NO YES NO Is the system non-compliant? - Is the system regulated under a monitoring plan or operating permit? (if no, go to page 2) YES NO If yes, - Has the required monitoring taken place? YES NO (If no, the system is non-complying) - Does the monitoring indicate that the system meets performance expectations? YES NO (If no, the system is non-complying) Page 1 of 2 2.d 2S2E-El.8f2SS) Systems located in Shoreland or Wellhead Protection Areas or Serving a Food, Beverage or lodging Establishment, or systems Built after March 31 1996 Is the system an imminent threat to public health or safety? (a yes answer is an ITPHS system) - Discharge of sewage to the ground surface? YES ~ - Discharge of sewage to draintiJe or surface waters? YES (f;iQ! - Sewage backup into dwelling? YES d!fJ - Situation with the potential to immediately and adversely impact or threaten public health or L'J safety? YES (!;5Y Is the system failinQ? (a yes answer is a failing system) - Less than THREE feet of vertical separation between system bottom and saturated sailor bedrock? YES - A seepage pit, cesspool, drywell, or leaching pit? YES Is the system non-compJiant? - Is the system regulated under a operating permit? (if no, go to page 2) If yes, - Has the required monitoring taken place? (If no, the system is non-complying) YES NO - Does the monitoring indicate that the system meets performance expectations? YES NO (If no, the system is non-complying) wq-wwists4.31 punlpamS 4sor dS~:SO SO EO ~n~ Site Sketch: .........:: .. . . ................. - ~. . . ,'.- . . . ,. . . '.:' . - . .' " .',' . ..........-.-......................... . ,. . .- " .. .....-.-...,... , . . . , . .............:... ," . .' ................... " .' :,' .~ . - ~.' .. .::. . . . :> . . <. . . . :> . . ..:.. . . . ~;. . . '::. - . . :: - . . '::. . . . ,": .... " " - .". - . . :. - . . -'. . . . .-. . . ..; . . . - ... ':. . . . .:. . . .:- - . ~ '. . . - ..:. . - - .. - . . .-'. .' '<n;*T~fff>.l:;Ljp, n':. ,'Li;:: . .. . . . .. .. . . .. .. .. . ... ~, .,~. \ ~ .. . .. .. ............... ~ . . .... .. ; .. ',;' . . 'J::';: '. ;~\J Li'. ':.;;;,.:.:;;;: . . :.i,';P;'L.fif'LLT',.i'jT t6.. "0' j....;: ...:: ,:;...;:. :: "'f.'''~'''+' .:...+...(...>.-::-..+...;....::..., M~ : . '. ',"" "';""',:""","""",""';"',',' - -"L ':. . ..... .;:....:~:.:::::.).::?:):..:f..:.:::::r::J:::;;::::r'."':'?':,. WO'~ IN Plense indicate tbt location of: Welt well setback:o S)'SIr:m, (hvclling or mher establishment, tank(s). ~(\i/lre:1:Illcnt system, reselVed soillr':lllmcnt area, curtain drain, (lroperl)' lines, wllterways, and buried lines (thosc NOT instnlled by the utili~'). Include sIle5 and length and approximate distances from fL'(ed reference point~ such lIS streets and buildin!.!s. Pleas.: attaeh as- built drawings, inspectiOll reports.. CcrtifiC:lt(s) OfCOI1lJllianee 11nd N(lticc(s) ofNoncllmplillnce. ifalnilabl~ Soil Bor'ings (BR #): Locate each boring On the map above, indicate on the right of the column the soil texture, structure, color, depth of each different soil type, evidence of mottling, bedrock and standing water. Also indicate if the material is Jill. ~f6" BR#!L BR# pI;; ~i7W'- qN ~6J tf,b' ' BR# BR# BR# BR# \,\'b.~-y1 RECORD DEPTH OF MOTTLING. SEASONAl. RIGI' w Mai OR BEDROCKO" ABOVE L"'CS Comml'nts; What nc-cds t,) be completed t(. brh)g the ,1bove system into cornpli;\lJ(;C: if found not in compliance? Eod 2S2E-EL.8(2SSJ punlpamS 450[' dSp:SO SO EO ~n~ Property Owner(s) Fire No.1 Parcel No. ._......._....~._....__.._.._._..._.............__....-.........-.-....-.--.-.---...--....--..........----..-.--_....._--_._-_...._-_..........~...._._._-_.__.__._._.....__. What methods were used to make the determinations for the compliance insoection? (Note: No standard protocol exists. The following list is not exhaustive, or in sequential order nor indicates which combinations may necessary to make a determination) Wa.tertight tank(s) Hydraulic Functioning Q Probed tank bottom ~ Searched for surface outlet (:1 Observed low liquid level (:1 Performed hydraulic test ~ Examined canst. records x.- Searched for seeping in yard AExamined empty (pumped) tank ~ Checked for back-up in home o Probed outside tank for "black soil" Q Excessive ponding in soil systemlD-boxes Q Pressure/vacuum check J!..- Homeowner testimony Q Other ><--. Examined for surging in tank o "Slack soil" above soil system Q Other Vertical Separation Distance ~ Conducted soil borings I Depth to limiting layer q Depth to system bottom _P\-vs \ \ X Examined records o LGU Umiting layer Verification Q Other Status of the SYstem Based on the compliance criteria, the system status is: (check one) 0 failing (to protect groundwater) 0 an imminent threat to public health or safety (ITPHS), 0 non-compllant (monltOrlng issue) Ji(compliant (none of the 3 previous conditions). Therefore, this document is a: ~rtifjcate of Compliance 0 Notice of Noncompliance Is this system an EPA Class V Injection Well? 0 yes no Certification I hereby certify as a state of Minnesota licensed Inspector and/or Designer I or Qualified Employee Inspector and/or Qualified Employee Designer I that I conducted an investigation that accurately determined the compliance status of this system and that my recorded observations are accurate as of this date. No determination of future hydraulic performance has been nor can be made due to unknown conditions during system construction, abuse of the system, inadequate maintenance, or future water usage. Inspector's name (print) license and/or Registration Number 2502 Em~oyed by -7t~~:liiC. SIgnature UpQrade Requirements (derived from Minnesota Statutes j 115.55) An FTPHS must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system fal7s to provide sufficient groundwater protection, then the system must be upgraded, replaced, or its use discontinued within the time required by rule or the local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its lJse discontinued, notwithstanding any local ordinance that is more strict This does not apply to systems in shoreland areas, wellhead protection areas, or those used in connection with food, beverage, and lodging establishments as defined in law. JOSH SWEDLUND Phone ~tFs- :?~7it Address ~5"~- .-cOCJ S-/-. ~I~ Address ~t\. vvLL- . ) Date ~/:?: f) (p SU9Qested Attachments 1) Site sketch could also include: well, well setback to system, dwelling or other buildings, tank(s),reserved soil treatment area, surface water and soil boring locations. Include as-built drawing if available. 2) Soil boring Jogs, showing each horizon. Indicate the texture, color, redoximorphic features depth to bedrock, standing water and whether the material is fill. 3) A list of any and all requirements of the local ordinance that are different from the state requirements referred to on this form. 4) A homeowner survey of system performance, signed by the homeowner as being factual. S) Monitoring data as appropriate. Page 2 of 2 v.d 2S2E-El.B(2SS) punlpams 4sor dSv:SO SO EO ~n~ CITY OF CHANHASSEN SITE PLAN PERMIT #98-8 INTERIM USE PERMIT #98-2 CONDITIONAL USE PERMIT #98-2 SPECIAL PROVISIONS AGREEMENT dated June 9, 1998, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and RSS Golf Improvement Center (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for (referred to in this Permit as the "project"). The land is legally described as shown on attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan prepared by Roger A. Anderson and Associates dated March 13, 1998, revised August 18, 1998. Plan B-- Landscaping Plan prepared by Roger A. Anderson and Associates dated March 13, 1998, revised August 18, 1998. Plan C-- Grading, Drainage, and Erosion Control Plan prepared by Roger A. Anderson and Associates dated March 13, 1998, revised August 18, 1998. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 31, 1998. The Developer may, however, request an extension of time 1 from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank or cash escrow ("security") for $17,500. This amount has been calculated at 110% of the actual cost to guarantee erosion control, landscaping and site restoration. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mr. Jeff Helstrom 8276 Scandia Road Waconia, MN 55387 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937-1900. 7. Other Special Conditions - approved Site Plan #98-8 for a golf improvement center, including Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in the A2 District, and a Conditional Use Permit #98-2 for alteration of a flood plain as shown on the plans dated June 22, 1998, subject to the following conditions: a. The building shall be painted brown. b. Lighting of the site will be limited to security lighting and parking lot lighting per city ordinance. Landscaping should be placed on the eastern side of the parking lot to screen the lot. c. Signage shall be as per City Code section 20 Article XXVI. d. The applicant will be required to plant 45 trees as replacement plantings within the proposed development. A landscape plan must be submitted to the city for approval. 2 e. Landscape plan shall be revised to include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot. f. The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps to reflect developed conditions. The applicant shall further defme, graphically, the proposed flood plain boundary and provide justification for the changes. g. The nets shall comply with the recommendation of the DNR, including the condition that the nets be 4 Y2 feet off the ground. The most westerly net shall be modified to change from 50 feet to 20 feet. h. The chemicals to be applied should be consistent with the program submitted by the applicant. Storage of all maintenance equipment and chemicals shall be out of the flood plain. 1. MnDDT is recommending that the driveway be widened. A permit from MnDDT is required. J. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. k. The applicant shall provide detailed storm drainage calculations for the ponds and ditch during lO-year and 100-year, 24-hour storm events in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall also provide normal water level and high water level elevations of the created ponds and/or ditches. 1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. m. No berming, drainage improvements or landscaping will be allowed within Trunk Highway 212 right-of-way. n. The plans shall be modified as follows: o. The existing well shall be located and shown on the plans. p. Relocate rock construction entrance south at a point where the existing driveway will be altered/reconstructed. q. Demonstrate where and how much filling and excavating will occur within the flood plain, i.e. quantities of each activity. r. Show normal and high water elevation of each pond. 3 s. Add silt fence downstream of proposed berms and practice green No.1 in the northwest comer of the site. t. Provide temporary and/or permanent erosion control measures around sediment pond III northeast comer of the site. u. Incorporate MnDOT's comments regarding widening of the driveway at Trunk Highway 212 and right-of-way identification per letter dated May 21, 1998. v. Locate alternative mound site and preserve from construction activities. w. Add landscape islands in parking lot. x. Add curbs along north side of parking lot to direct runoff to sediment pond. y. The applicant shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the City the right to hire out the work and bill the applicant and/or revoke the interim use permit." z. No additional development outside the current proposal. aa. The applicant shall have a fertilizer and pesticide management plan, approved by the City staff and reviewed by Fish and Wildlife and DNR to ensure minimal chemical impacts to the surrounding property (including no spraying for mosquitoes). In addition, the applicant shall provide annual soil samples before chemical are applied to demonstrate there is a need. bb. The conditional use permit shall be reviewed annually on the following basis: impacts to the wildlife, the water quality, restoration after flooding and implementing a fertilizer/pesticide plan as approved by the City staff. cc. The City Council approved Wetland Alteration Permit #98-1 per the site plan and subject to the following conditions: dd. The applicant shall provide a buffer zone between wetlands the limits of the pitch and putt golf course. ee. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. ff. The applicant receive permits from the jurisdiction agencies such as the Army Corps of Engineers and the DNR . gg. The applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. Type III erosion control fencing will be required 4 around the existing wetlands. hh. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will provide wetland buffer edge signs and charge the applicant $20 per sign. The applicant shall verify the location ofthese signs with the City's Water Resources Coordinator and shall install these signs before the Certificate of Occupancy is issued. 11. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the applicant $20 per sign. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN (SEAL) BY~~{. }t{tLu~ AND: N2a~cr;lt;ri> Don Ashworth, City Manager DEVELOPER: RSS Golf Improvement Center BY: Its 5 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thi~ay of ~ 19 r1, by Nancy K. Mancino, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ~~ STATE OF MINNESOTA ) NOT @..,,<:VICTORIAE.CHURCHILL JJ NOTARY PUBUC-MINNESOTA CARVER CQUNlY My Commission ExpIres Jan. 31, 2000 ( ss. COUNTY OF (}..o....V"ve".( ) The ~ing instrument was acknowledged before me this ~ day of ~ (/.5 r 19q~by J~ E+e/~+roVV\. . lJ~c~ @,,<:W:TORiAE.CHURCHILL JJ NOT Af{' fl; IBUC - MINNESOTA CARVER COUNlY My Commission Expires Jan. 31, 2000 DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (612) 452-5000 6 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of ,19_ By Its STATEOFMINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19_, by NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (612) 452-5000 7 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed 8 shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly.work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify 9 the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from . the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. 10 C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase ofthis Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to 11 exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Svstems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for 12 deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 EXHIBIT A The East halfofthe Southeast Quarter (E Y2 ofSE~) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (Y2) acre in the Northeast Comer, 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 ofNW ~ ofSE ~) 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 comer 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 ofthe 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. 14 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 24, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Golf Zone IUP Amendment and Variance - Planning Case 06-30 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Clerk Subscribed and sworn to before me this~hctay of BV-j u 5+ , 2006. ~.rit Tn7n. .tt~ N~ I ,~. I ~~"'.;;'J'i't~~q.; KIM T. 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The City does not warrant that the Geographic Inlormation System (GIS) Data used to prepare this map are error Iree, and the City does not represent that the GIS Data can be used lor navigational, tracking or any other purpose requiring exacting measurement 01 distance or direction or precision in the depiction 01 geographic leatures. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user 01 this map acknowledges that the City shall not be liable lor any damages, and expressly waives all claims, and agrees to delend, indemnify, and hold harmless the City lrom any and all claims brought by User, its employees or agents, or third parties which arise out 01 the user's access or use 01 data provided. ..J'v- Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement 01 distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liabie lor any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use 01 data provided. BRIAN J & WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA. MN 55318 -9515 CYNTHIA G PETERSON 1161 BLUFF CREEK DR CHASKA. MN 55318 -9515 STATE OF MINNESOTA-DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD ST PAUL. MN 55155 -4030 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347 -1439 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA, MN 55387 -9629 EMERALD VENTURES LLC PO BOX 260 CHASKA. MN 55318 -0260 HALBERT A NOTERMANN TRUST & PETERSON FARM HOLDING NO 2 LP 15900 FLYING CLOUD DR EDEN PRAIRIE. MN 55347 -4047 U S FISH & WILDLIFE SERVICE 1 FEDERAL DR BISHOP HENRY WHIPPLE FED BLDG ST PAUL. MN 55111 -4056 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA. MN 55318 -9470 LOUISE E ZAMJAHN ETAL C/O DAVID ZAMJAHN 7506 77TH ST CHASKA. MN 55318 -9600 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA . MN 55318 -9515 Public Hearing Notification Area (500 feet) Golf Zone IUP Amendment & Variance 825 Flying Cloud Drive Planning Case No. 06-30 City of Chanhassen CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 31, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Rescheduled Public Hearing for Golf Zone IUP Amendment and Variance - Planning Case 06-30 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw9{ll to before me this ay of ~J u ~+ ,2006. CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On August 24, 2006, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . GOLF ZONE: Request for an amendment to Interim Use Permit #98-2, Conditional Use Permit, and Site Plan Review with Variances for a proposed addition to the principal structure. The addition will require a variance for building square footage. The site is located in the Agricultural Estate (A2) District at 825 Flying Cloud Drive. The public hearing has been RESCHEDULED for October 3. 2006 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Josh Metzer at 952-227-1132 or by email: imetzer@cLchanhassen.mn.us, or visit the City's web page for this project at www.ci.chanhassen.mn.us/serv/plan/06-30.html CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On August 24, 2006, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . GOLF ZONE: Request for an amendment to Interim Use Permit #98-2, Conditional Use Permit, and Site Plan Review with Variances for a proposed addition to the principal structure. The addition will require a variance for building square footage. The site is located in the Agricultural Estate (A2) District at 825 Flying Cloud Drive. The public hearing has been RESCHEDULED for October 3. 2006 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Josh Metzer at 952-227-1132 or by email: imetzer@cLchanhassen.mn.us, or visit the City's web page for this project at www.ci.chanhassen.mn.us/serv/plan/06-30.html rr~, Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227.1107. The preceding disclaimer is provided pursuant to Minnesota StaMes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. ...-/"v, Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise om of the use~s access or use of data provided. BRIAN J & WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA. MN 55318 -9515 CYNTHIA G PETERSON 1161 BLUFF CREEK DR CHASKA. MN 55318 -9515 STATE OF MINNESOTA-DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD ST PAUL, MN 55155 -4030 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347 -1439 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA, MN 55387 -9629 EMERALD VENTURES LLC PO BOX 260 CHASKA , MN 55318 -0260 HALBERT A NOTERMANN TRUST & PETERSON FARM HOLDING NO 2 LP 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347 -4047 U S FISH & WILDLIFE SERVICE 1 FEDERAL DR BISHOP HENRY WHIPPLE FED BLDG ST PAUL. MN 55111 -4056 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA , MN 55318 -9470 LOUISE E ZAMJAHN ETAL CIO DAVID ZAMJAHN 7506 77TH ST CHASKA, MN 55318 -9600 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA, MN 55318 -9515 Public Hearing Notification Area (500 feet) Golf Zone IUP Amendment & Variance 825 Flying Cloud Drive Planning Case No. 06-30 City of Chanhassen CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 21, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Golf Zone IUP Amendment, Conditional Use Permit and Site Plan with Variances - Planning Case 06-30 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. {}r--- Subscribed and sworn to before me thisC71 ~ day of ~ (Y\ bPr , 2006. ~. . - NV\ T ~~ - Not~ ..-/ SCANNED tn C :;: a> a> :2: tn5 c.- .- In ... 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CJ) .{g 0 ~ 00.9.~ c c: .~ ~~E.~.~~~rogg~~~c~Q)UU~~~ID ~ oE ooCl)"O",,"+-~Q)n:lrnc.coQ)ca..c.c Q. ui"0 o.~ ! t c: u~ ~c == en U5:c ~ B g> n:I ~ 8..9 ~.~gog~R~~i.~g~~~~~~~5~.g ~.~c~~!~O~E.~~~-~ro~8;:~~~ :~.~.E.~~~~~EEo~~g~~ffi~~B~ ~~~~~E!mm8~~~.~~~~e~~~~ ~~~~~~~SS~uo~;:a.oo<~a.rn~w C3.. ... /\.-, Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map aCknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. .,...J~ Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. BRIAN J & WENDY S JOHNSON 1190 BLUFF CREEK DR CHASKA, MN 55318 -9515 CYNTHIA G PETERSON 1161 BLUFF CREEK DR CHASKA, MN 55318 -9515 STATE OF MINNESOTA-DNR TAX SPEC. - BUREAU OF R E MGMT 500 LAFAYETTE RD ST PAUL. MN 55155 -4030 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347 -1439 RAIN SNOW OR SHINE GOLF LLC 8276 SCANDIA RD WACONIA, MN 55387 -9629 EMERALD VENTURES LLC PO BOX 260 CHASKA. MN 55318 -0260 HALBERT A NOTERMANN TRUST & PETERSON FARM HOLDING NO 2 LP 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347 -4047 U S FISH & WILDLIFE SERVICE 1 FEDERAL DR BISHOP HENRY WHIPPLE FED BLDG ST PAUL, MN 55111 -4056 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA . MN 55318 -9470 LOUISE EZAMJAHN ETAL C/O DAVID ZAMJAHN 7506 77TH ST CHASKA . MN 55318 -9600 HAROLD F HESSE 1425 BLUFF CREEK DR CHASKA, MN 55318 -9515 fi Public Hearing Notification Area (500 feet) Golf Zone IUP Amendment & Variance 825 Flying Cloud Drive Planning Case No. 06-30 . City of Chanhassen