There are many due diligence land mines to avoid when considering a new miniature golf site. It pays to do your due diligence homework before committing to spending major dollars on developing your site. The following is a due diligence formula that has worked well for me for many miniature golf projects in some very difficult locations.

Location, Location, Location

Location is always the major factor determining whether your facility will be a success or failure. Analyze such factors as traffic count and traffic patterns, drive-by visibility, demographics, distance from competition, commercial and residential development in the immediate area, and major highway improvements planned for the next five years. There may be a parcel that is an ideal location, but has never been developed because the land is an irregular shape that is difficult for most conventional commercial uses. The advantage of a miniature golf development is that, since it is basically a landscaping project, it can make use of all manner of odd shapes and bends in boundaries. The ideal parcel shape is always rectangular, but miniature golf can be built on triangles, doglegs, "T" shapes, etc.

 Existing Features

Walk the entire site and look for natural features to be considered in design and budget such as large specimen trees, rock outcroppings, wetlands, sinkholes, creeks, etc. There may be federal, state, county, or city regulations protecting these features from being disturbed by developers. Miniature golf is the most flexible form of outdoor amusement there is, and can be designed around these obstacles if there is enough land available at a price that does not break your budget.

Is the topography suitable for drive-by visibility? The best condition is for the land to slope up from the road frontage. If the land is too low to be seen from the road, an expensive fill process may be required to raise even a portion of the frontage to an acceptable grade. Visualize how your parking lot and clubhouse will be situated in relation to the miniature golf course and road grade.

Next evaluate any man-made features on the property such as billboards, overhead power lines, underground pipelines, buildings, cemeteries, trash piles, foundations, septic tanks, wells, etc. There may be covenants or easements protecting them from developers.

  Boundary and Topographic Surveys

Order a boundary and topographic survey from a reputable licensed surveyor and specify that all improvements and natural features are shown. Specify that the contour intervals are adequate for use in designing drainage. Make sure that his survey extends to 50 feet beyond the property lines to show adjacent improvements and drainage slopes. Make sure all adjoining paving, curbs, sidewalks, driveways, etc. are shown on the survey. Specify that all property corners are clearly marked and monumented when the boundary survey is performed. If there is a lender involved at this early stage of the project, request that they give the surveyor their survey specifications, if they have them. When possible, hire a surveyor that can give his drawing in an Autocad or similar computer file format, as the survey is the base information of the site plan and grading plan by your civil engineer.

 Zoning

It pays to make a trip to the city or county zoning office to introduce yourself and ask about whether this use is allowed on this property and if an approval process is required such as for a rezoning or specific use permit. They will be able to tell you if there will be opposition from local homeowners’ groups and how difficult they can be. Remember that nearly all zoning actions require public hearings, and this is a very political process. Ask for a copy of the schedule for each month’s application submittal deadline, and which public hearings your action would be considered at. This is normally a 60 to 90 day process from application submittal date.

It is helpful to bring a conceptual site plan or a site plan from a similar project so that the zoning staff can anticipate specific problems on this land with this use. Always find out if they will allow miniature golf holes and sidewalks to be located within building setbacks, as this can make a significant difference in the usable land for your project. Ask for a copy of the zoning ordinance that will have building setbacks, landscape buffers, height limits, parking requirements, etc. Also ask for a copy of the zoning map showing what this property and surrounding adjacent property is zoned.

While at the zoning office (often called the Community Development Department), ask if there are ordinances regulating landscaping, signage, lighting, noise, access, dumpsters, etc. It may be advisable to bring a wheelbarrow to haul all the ordinances home with you, but each can have a large impact on your project’s budget and schedule. If you are rezoning the property, make sure ou use the regulations pertaining to the new zoning classification your land will be changed to.

 Drainage and Utilities

While walking through your city or county government building with your wheelbarrow, stop in to the Engineering Department and show them what you plan to build and where. They will tell you if there is a floodplain on your property and what is required for storm water retention and storm water treatment. They will be familiar with your property and how it fits with the area’s drainage scheme. This department could also require an expensive piping/treatment program that may extend beyond the property lines of your site and/or render portions of your property unusable. Ask them for copies of the storm water treatment design criteria and storm sewer maps showing pipe sizes and depths.

Next push your wheelbarrow to the Public Works Department and find out if there are sanitary sewer and potable water available to your property, and if so, if the capacity is adequate for the facility you plan to build. Often developers are required to upgrade utility mains, which serve many properties, as a condition of approval for a building permit, and could prove expensive. Other municipalities require impact fees to be paid by developers for future improvements to lines and treatment plants. Find out the rates charged for sewer and water usage, tap fees, and meter/valve requirements. Most municipalities will allow an irrigation meter that does not have sewer usage charges billed to it. This is absolutely necessary to keep operating costs down, especially if your miniature golf course has water features. Make sure your site has a fire protection line with fire hydrants in close proximity or you may be required to install this yourself to meet fire code.

 Covenants and Easements

You may think that everything is under control with your project since everything checked out at the city or county, but do not proceed with any plans until you get a Title Report. This is something that can spoil your whole day when it arrives. Schedule B of the Title Report will list the easements and covenants that your property is subject to. Unfortunately, the Title Report only lists them and describes each item in one sentence, with information as to where these instruments are recorded. Pick up the phone, call the title company, and request that they send you copies of all covenants and easements from Schedule B you think may affect your project and ship them to you as soon as possible.

Covenants are normally set up by developers for large multi stage developments and can specify many different restrictions on setbacks, landscaping, lighting, building materials, fencing, signage, parking, etc. They may set up an Architectural Review Committee that must approve all projects. The most restrictive I have found are when you plan to build on an out-parcel of a regional mall. There often are conflicts between zoning ordinances and covenants, and you must play middleman and comply with both, which means that the most restrictive requirement rules.

Easements can be equally devastating in creating conditions to be designed around. Easements can be for utilities, access, view corridors, drainage, construction slopes, etc. Some easements are temporary, and some are for things that no longer exist, all must be taken seriously, especially when there is a lender involved in financing your project.

 Environmental Audit

Always cover your liability as developer by ordering a Phase I Environmental Audit. This is an investigation by a certified company into the environmental suitability of your property. They will walk the property and look for potential sources of contamination such as oil drums or trash piles, they will research all governmental databases for incidents of reported hazardous spills that may affect your property. They will evaluate topography, drainage, and soil conditions to see if any nearby spills could have contaminated your property. If contamination is suspected they will make recommendations for further investigations.

 Geotechnical Report

Many surprises have been found below the surface of the ground once construction starts. Do not assume that because the soil looks good and feels good when you walk on it that it is good dirt to build on. A structural engineer will require borings where you plan to build your clubhouse to design the foundation. All Mountasia miniature golf facilities have caves that also require a building permit, since guests walk inside them, thus requiring a structural engineer and soil borings. It is a good idea to include some shallow hand auger borings in the parking lot area to determine how it needs to be designed to keep from breaking up. Often the same company will provide the Environmental Audit and Geotechnical Report.

By Paul L. Zellar

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